Terms and Conditions
- Terms of use of the Kirby’s Pets World website
- Disclaimer of warranties and limitation of liability
- Terms of trade with Kirby’s Pets World
- Amendment to terms and conditions
- Privacy and security statement
- Intellectual property statement
- Dispute resolution
- Compliance with statutory consumer protection provisions
- 1. Terms of use of the Kirby’s Pets World website
Agreement
Kirby’s Pets World and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the Kirby’s Pets World website and/or registering to shop on Kirby’s Pets World you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the Kirby’s Pets World website to trade and that you agree to be bound by these terms and conditions.
Your access to the Kirby’s Pets World website and use of any services provided by Kirby’s Pets World including any purchases made by you from Kirby’s Pets World are subject to terms and conditions established under the following headings.
- Terms of Use of Kirby’s Pets World website
- Terms of Trade with Kirby’s Pets World
- Privacy and Security Statement
- Intellectual Property Statement
- Dispute Resolution
- Compliance with statutory consumer protection provisions
Terms of Use of Kirby’s Pets World website
Kirby’s Pets World grants you a limited license to access and make personal use of the Kirby’s Pets World website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of Kirby’s Pets World.
This license does not permit any resale or commercial use of the Kirby’s Pets World website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Kirby’s Pets World website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Kirby’s Pets World website so long as the link does not portray Kirby’s Pets World, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kirby’s Pets World logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.
Kirby’s Pets World may provide links from the Kirby’s Pets World website to other websites which may offer services to you and is not responsible for evaluating the content or offerings made on these websites.
2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE KIRBY’S PETS WORLD WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, KIRBY’S PETS WORLDDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIRBY’S PETS WORLDWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE KIRBY’S PETS WORLD WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
ALL WARRANTY ON PRODUCTS ARE STRICTLY COMPLIANT WITH THE CONSUMER PROTECTION ACT. SHOULD AN ADDITIONAL MANUFACTURER’S WARRANTY BE AFFORDED ON THE PRODUCT, SUCH PRODUCT WILL BE RETURNED AT OUR COST TO THE END-USER, IF FOUND IN COMPLIANCE WITH THE TERMS OF SUCH WARRANTY.
Applicable law
The Kirby’s Pets World website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you.
3. TERMS OF TRADE WITH KIRBY’S PETS WORLD
Invitation to do business
Only when Kirby’s Pets World has accepted your offer to purchase and the acceptance is communicated to you, will an enforceable agreement of sale be transacted.
Despite our best efforts, a small number of the products or services offered on the website may be mis-priced. If we discover a mispricing, we will do one of the following:
- If the correct price is lower than our stated price, we will charge the lower amount.
- If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.
IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the Kirby’s Pets World website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with Kirby’s Pets World. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services. Place and time of agreement
Agreement as to the terms of use of the Kirby’s Pets World website shall be deemed to have be accepted by you at the time that you first accessed the Kirby’s Pets World website.
Backorders
Due to the popularity of some products or services, Kirby’s Pets World may not always have any products or services ordered by you in stock. Kirby’s Pets World will accept orders for out of stock products or services to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you are not available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.
Electronic communications
When you visit Kirby’s Pets World or send e-mails to us, you are communicating with us electronically. Kirby’s Pets World will communicate with you by e-mail or by posting notices on the Kirby’s Pets World website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Registration
Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of eighteen, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and Kirby’s Pets World may take whatever legal action it deems necessary to obtain the appropriate relief.
In registering as a purchaser, you are required to provide Kirby’s Pets World with, complete and accurate information about yourself and you warrant that the information provided is correct.
If you are in breach of, or Kirby’s Pets World believes that you may breach, any of the terms and conditions governing the use of, or trading using the Kirby’s Pets World website, Kirby’s Pets World may, in its absolute discretion, either suspend or terminate your registration as a purchaser.
Password
You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.
If you suspect that the confidentiality of your password has been compromised, you should immediately advise Kirby’s Pets World of this fact by email. Kirby’s Pets World shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.
4. AMENDMENT TO TERMS AND CONDITIONS
Kirby’s Pets World may amend the terms and conditions governing access to the Kirby’s Pets World website as well as trade using the website.
5. PRIVACY AND SECURITY STATEMENT
Kirby’s Pets World knows that you care how your personal information may be collected, processed, and used; we appreciate your trust that Kirby’s Pets World will do so carefully and sensibly.
The information provided by you helps us personalize and continually improve your shopping experience at Kirby’s Pets World. Here are the types of information we gather.
- Automatic Information: Kirby’s Pets World receives and stores certain types of information whenever you interact on the Kirby’s Pets World website or communicate with Kirby’s Pets World by email. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your web browser accesses Kirby’s Pets World.
- Information You Give Us: We receive and store information you enter on the Kirby’s Pets World website or that you may provide to Kirby’s Pets World in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
- E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from Kirby’s Pets World, if your computer supports such capabilities.
By providing the information to Kirby’s Pets World you consent to Kirby’s Pets World collecting maintaining, storing and processing the information, provided that Kirby’s Pets World shall:
- not disclose your personal information to a third party other than to effect the transactions agreed to in using the Kirby’s Pets World website without obtaining your express consent to do so;
- only disclose your personal information, without your consent, if legally required to do so;
- be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.
While Kirby’s Pets World and its affiliates shall take commercially reasonable care to safeguard the information provided by you to Kirby’s Pets World from unauthorized access or disclosure, Kirby’s Pets World does not represent or guarantee that the safeguards will provide absolute protection.
6. INTELLECTUAL PROPERTY STATEMENT
Copyright in any information or trade marks displayed anywhere on the Kirby’s Pets World website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by Kirby’s Pets World, or by the original creator of the materials, or by suppliers and service providers to Kirby’s Pets World.
Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English. For the purposes of any arbitration:
- you choose the email address chosen by you in registering as a purchaser; and
- Kirby’s Pets World chooses info@kirbyspetsworld.co.za
By using the Kirby’s Pets World website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.
8. COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
Kirby’s Pets World adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the Kirby’s Pets World website, as well as the information required in terms of the Act, are provided for your reference.
Return of products or cancellation of service agreements
Kirby’s Pets World shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services. Exclusions from return of products or cancellation of service agreements
The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:
- any products and services are acquired by auction;
- to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
- where the price of the products or services depends on fluctuation in financial markets beyond the control of Kirby’s Pets World;
- where the products are personalised or made to the customers specifications;
- where the products by reason of their nature cannot be returned;
- if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
- the sale of reading material in whatever form.
Customers obligations on return of products and services
If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to Kirby’s Pets World or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by Kirby’s Pets World or its agents, to the customer as well as a written indication of the customers choice to cancel the transaction.
The customer shall refund to Kirby’s Pets World all direct expenses incurred by Kirby’s Pets World or it’s authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by Kirby’s Pets World or it’s authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.
Kirby’s Pets World’s obligations on return of the products and services
Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services Kirby’s Pets World or it’s authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to Kirby’s Pets World as provided for above.
Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.
Full name and legal status of website owner: Kirby’s Pets World is the trading name and is wholly owned by {Company Name} a company duly incorporated in terms of the company laws of South Africa.
NOTE: Warranty turn around time, minimum 7 days. Not on Foods
Description of Services: Kirby’s Pets World provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the Kirby’s Pets World website.
Price of goods: Prices are displayed in the website and are subject to Kirby’s Pets World rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the Kirby’s Pets World website are inclusive of Value Added Tax.
Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.
Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the Kirby’s Pets World website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.
Delivery of products or services: The anticipated time of delivery of any products or services, purchase using the Kirby’s Pets World website shall be indicated at the time that any order is accepted by Kirby’s Pets World
Transaction records and history: A full record of transactions effected using Kirby’s Pets World shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by Kirby’s Pets World or it’s agents.
Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.
Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.
Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the Kirby’s Pets World website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination.
Refunds
We do not guarantee that you will be automatically refunded. The decision to refund is solely at the discretion of the manufacturer where you return the product, having inspected the condition of the item returned. Refunds are deposited directly into your credit card or bank account. This process may take up to 30 to 60 days. Refunds processing time frame will only be commenced from time of goods received. All shipping costs will be for the clients own account and not paid for by Kirby’s Pets World. In line with the CPA a handling fee of up to 25% of the value of the product may be charged when the product/packaging is not returned in its original purchase condition.
General Information
- Delivery Details
- Payment Options
- Warranties and Returns
- Holiday Season Policy
Delivery Details
Courier
Kirby’s Pets World has a fully integrated courier system. Costing of delivery and delivery options are built into the e-commerce website.
Back Orders
If there is no stock available, we will phone you to notify you of the problem and you’ll be able to cancel the order or wait for the backorder.
Items placed on back order are shipped as soon as they become available from the manufacturer.
Payment Options
Internet Transfer
You can transfer the amount for your transaction into our account directly. Our bank details are below.
Please note that Internet Transfers take up to 3 working days to clear and we will ship the goods once the transfer has cleared.
IMPORTANT NOTICE:
All transactions will be processed in South African Rands (ZAR).
All customer deposits and Internet Transfers need to be paid into the bank account details provided when an order is placed.
*Please put your name and order number as the reference.
*Please mail your confirmation and proof of payment through to orders@kirbyspetsworld.co.za
Warranties and Returns
Items may be returned for refund or replacement subject to manufacturer and/or Kirby’s Pets World restrictions. All product returns must have a Returned Merchandise Authorization (RMA) issued by Kirby’s Pets World. Defective items may be returned for refund or replacement subject to the following restrictions:
- All products must be returned in original condition including packaging, documentation, warranty cards, manuals, and accessories.
- Software and consumables are non-refundable unless returned unopened in their original packaging with documentation.
- Certain hardware items and all custom/special orders may only be returned for replacement and not for refund.
- All returns must be shipped freight prepaid.
- Any returns found to be non-defective are subject to a restocking fee of 15% and all non product related fees (shipping, transaction and insurance) are not refundable.
- If unopened goods are returned within 5 days, you will receive a refund excluding transport costs.
Holiday Season Policy
Please take note of our holiday season policies:
Kirby’s Pets World will remain available for placing orders every day throughout the entire holiday season. However,
we cannot guarantee exact delivery times after the 10th of December till the 15th of January.
Delivering your Online Order
Delivery is available throughout South Africa and will be concluded between 2 – 5 working days from Monday to Friday (excluding public holidays), subject to payment and order confirmation before 12h00. Depending on origin and destination, a further delay of up to 24 hours may be experienced on shipments to outlying areas.
Pre-Order Delivery:
Pre-Orders attract extended delivery lead times as mandated by the supplier, and communicated on the product page. Your order will be dispatched on the advertised date, whereafter normal delivery lead times apply.
What will the delivery cost?
Delivery charges are determined by the value of the order placed and area of courier delivery zones.
When will delivery take place?
- Delivery service will commence upon payment confirmation being received unless supporting documents are requested.
- Deliveries will generally be made within the timeframe (7-30 days) of the selected delivery from Monday to Fridays.
- We deliver from Monday to Friday from 08h00 to 16h00 to both business and residential addresses.
- No deliveries will be made on the weekend or any public holiday.
What if I miss my delivery?
We will notify you of a failed delivery i.e. when no one can be reached at the specified delivery address to receive and sign for the goods at the scheduled time. We will reschedule the delivery as soon as possible for couriers
The following cannot be returned or refunded:
– Items specified as non-returnable/non-refundable items.
– Delivery and or installation costs.
– Pre-paid cards.
– Digital content.
– Any damaged or abused items.
– Faulty/defective products after 14 days
In the unfortunate event that your purchased product becomes faulty or defective within the first six months of delivery, you can return it to be inspected (according to return policy). You will be entitled to the following options as per the CPA:
– Have the product replaced.
– Be refunded (as per refund policy).
In the event that the product is found to not be faulty, you will be liable for all handling and shipping charges; including the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty as a result of misuse, abuse or negligence. The warranty does not cover any defects caused by foreign objects or connection errors that are not part of the product. Refunds can take up to 30 days to reflect in your bank account. Should you not receive your refund within 30 days, contact us on info@kirbyspetsworld.co.za
