These Terms and Conditions (“Terms”) form a legally binding agreement between you (“you,” “your,” or “the Customer”) and (“Everyday Elements,” “we,” “us,” or “our”), a company duly incorporated under the laws of the Republic of South Africa. By accessing, browsing, interacting with, or making purchases through our website located at everydayelements.co.za (the “Website”), or by using any related services, products, or platforms (collectively, the “Services”), you acknowledge that you have read, understood, and agreed to comply with these Terms, as well as any other policies and documents referenced herein, including our Privacy Policy.

If you do not accept these Terms or our Privacy Policy, you must discontinue use of the Website and Services immediately.

CHANGES TO THESE TERMS

We reserve the right to modify or update these Terms from time to time at our sole discretion. Changes may reflect adjustments in our business operations, compliance requirements, or for other operational, legal, or regulatory reasons. If any changes are made, we will post the updated Terms on the Website, update the “Last Updated” date, and take any further steps required by law. Your continued use of our Services after such changes indicates your acceptance of the revised Terms. If you do not agree with the changes, you may cease using our Services and/or notify us in writing to terminate this agreement.

1. DEFINITIONS

1.1 “Agreement” refers to these Terms and Conditions, including any policies or documents referenced herein.
1.2 “Business Day” means any day other than a Saturday, Sunday, or official public holiday in the Republic of South Africa.
1.3 “Consumer” or “Customer” refers to any natural or juristic person who accesses, uses, or purchases products through our Website and Services.
1.4 “Merchant” means any third-party supplier, vendor, or service provider that offers goods or services made available through our Website.
1.5 “Parties” collectively refers to Everyday Elements and you, and “Party” refers to either one of them as the context may require.
1.6 “Products” encompass all goods and services offered, advertised, sold, displayed, or otherwise made available through our Website.
1.7 “Services” refer to all functionalities, features, resources, and offerings provided by Everyday Elements through the Website or other communication platforms, including browsing inventory, placing orders, receiving customer support, or accessing associated content.
1.8 “Website” is the online portal located at everydayelements.co.za, including all sub-pages, sub-domains, and related online services operated by Everyday Elements.

2. INTRODUCTION

2.1 Legislative Compliance: These Terms comply with and are subject to the laws of the Republic of South Africa, including the Consumer Protection Act (“CPA”), the Protection of Personal Information Act (“POPIA”), the Electronic Communications and Transactions Act (“ECTA”), and all other relevant legislation enacted or amended from time to time.

3. ACCEPTANCE OF TERMS AND CONDITIONS

3.1 Legal Capacity: By accessing and using our Website and Services, you confirm that you are at least 18 years old or, if under 18, that you have obtained lawful consent from a parent or legal guardian.
3.2 Binding Nature: Your use of our Services, whether you have registered an account or not, indicates that you understand, accept, and agree to be bound by these Terms. If you do not agree with any provision, please discontinue using our Website and Services immediately.

4. PRIVACY POLICY AND DATA PROTECTION

4.1 Privacy Policy: We are committed to protecting your personal information in compliance with POPIA and other applicable data protection laws. Our practices for collecting, using, disclosing, and protecting your personal information are described in our Privacy Policy, which is incorporated into these Terms by reference.
4.2 Consent to Data Processing: By using our Services, you acknowledge that you have read and understood our Privacy Policy and that you consent to the collection, processing, and storage of your personal information as described therein.
4.3 Data Subject Rights: You may have rights under POPIA and other applicable laws, including the right to access, correct, or request deletion of your personal information. Please refer to our Privacy Policy for details on how to exercise these rights.

5. TERRITORY

5.1 Geographical Scope: Our Products and Services are intended for Customers located within the Republic of South Africa. We do not guarantee the suitability or availability of our Products or Services outside South Africa.
5.2 International Access: If you choose to access the Website from outside South Africa, you do so at your own risk and must ensure compliance with local laws.

6. PREVENTION AND REFUSAL OF USE

6.1 Right to Restrict Access: Everyday Elements reserves the right, at its sole discretion, to refuse, restrict, or terminate your use of the Website or Services without prior notice if we believe that you have violated these Terms, engaged in fraudulent activity, or acted contrary to applicable laws.
6.2 Request for Reasons: If you are denied access, you may request written reasons within five (5) Business Days. We will provide an explanation within a reasonable period.

7. REGISTRATION AND ACCOUNT SECURITY

7.1 Account Creation: While browsing the Website does not generally require registration, purchasing Products may require you to create an account. You must provide accurate and current information during registration and keep it updated.
7.2 Confidentiality of Credentials: You are responsible for maintaining the confidentiality of your account login details. If you suspect unauthorized access, notify us promptly.
7.3 Account Termination: We reserve the right to suspend or terminate your account at our discretion, especially if we suspect misuse or breach of these Terms.

8. PRODUCT DESCRIPTIONS AND PRICING

8.1 Accuracy of Information: We strive to ensure that all Product descriptions, images, and prices are accurate and current. Minor variations or typographical errors may occur.
8.2 Price Adjustments: All prices are in South African Rand (ZAR) and include VAT where applicable, unless stated otherwise. Delivery charges are excluded and will be shown separately at checkout. We reserve the right to correct pricing errors and will inform you if adjustments are necessary before order completion.

9. PLACING ORDERS AND PAYMENT

9.1 Order Confirmation: After you place an order, you will receive an acknowledgment email confirming that we have received your request. This does not constitute acceptance of the order, which only occurs after payment is verified and the order is prepared for dispatch.
9.2 Payment Methods: We accept secure payment methods as indicated at checkout (e.g., credit/debit cards). Payments must be completed and verified before your order is processed.
9.3 Errors and Cancellations: In the event of pricing or product description errors discovered post-order, we will contact you. You may choose to proceed with corrected details or cancel without penalty. If you cancel after payment, we will provide a full refund.

10. SHIPPING AND DELIVERY

10.1 Delivery Area: We deliver solely within the Republic of South Africa. Estimated delivery times are guidelines and may be subject to delays beyond our control.
10.2 Risk and Ownership: Risk in the Products passes to you upon delivery. Ownership transfers once full payment is received.
10.3 Delays: If delivery is unreasonably delayed, you may be entitled to remedies under the CPA, including possible cancellation and refunds, subject to applicable conditions.

11. RETURNS, EXCHANGES, AND REFUNDS

11.1 Initiating Returns: Refer to our Returns Policy, which forms part of these Terms, for detailed instructions. Returns should generally be initiated within the prescribed timeframe (e.g., 7 days from receipt), unless otherwise required by law.
11.2 Condition of Returns: Items must be unused, in original packaging, and accompanied by proof of purchase. We may refuse refunds or exchanges for items that are damaged, used, or altered.
11.3 Change-of-Mind Returns: For returns not due to defects, you may bear return shipping costs and be subject to handling or transaction fees (e.g., a 15% fee). Delivery fees may be non-refundable.
11.4 Defective or Damaged Goods: If an item is defective or damaged upon delivery, we will, at our discretion, arrange for repair, replacement, or refund, in compliance with the CPA and other applicable laws.

12. EXCLUDED ITEMS

Certain goods are non-returnable, including perishable items, personalized or custom products, sealed media once opened, or items not suitable for return due to hygiene or health considerations. The Website or Returns Policy will indicate such restrictions.

13. LIABILITY AND INDEMNIFICATION

13.1 Limitation of Liability: To the maximum extent permitted by South African law, Everyday Elements, its affiliates, employees, or agents are not liable for indirect, incidental, special, or consequential damages arising from your use of the Website or Products.
13.2 Maximum Liability: Our total liability, to the extent not otherwise prohibited by law, will not exceed the amount you paid for the particular Product or Service involved in the claim.
13.3 Indemnity: You agree to indemnify and hold us harmless against any claims, demands, or damages arising from your breach of these Terms, misuse of Products, or violation of another party’s rights.

14. INTELLECTUAL PROPERTY RIGHTS

14.1 Ownership: All intellectual property, including trademarks, logos, text, images, code, and design elements, belongs to or is licensed by Everyday Elements
14.2 Restrictions: You may not reproduce, distribute, modify, or create derivative works from our content without express written permission. Accessing our Services does not grant you any intellectual property rights.

15. THIRD-PARTY LINKS AND CONTENT

15.1 External Websites: Our Website may link to external sites for your convenience. We do not endorse, control, or guarantee the accuracy or security of third-party content.
15.2 User Responsibility: Accessing external links is at your own risk. We advise reviewing their terms and privacy policies before engaging with their services.

16. USER CONDUCT

16.1 Prohibited Actions: You agree not to use our Website or Services for unlawful, harmful, or abusive purposes, including posting defamatory or infringing content.
16.2 Content Removal: We reserve the right to remove any user-generated content that violates these Terms or applicable law, without prior notice.

17. GOVERNING LAW

17.1 Applicable Law: These Terms and any associated agreements are governed by and construed in accordance with the laws of the Republic of South Africa.
17.2 Jurisdiction: You submit to the exclusive jurisdiction of the South African courts for any disputes arising from or related to these Terms or the Services.

18. DISPUTE RESOLUTION

18.1 Mediation and Arbitration: Should a dispute arise, the Parties shall first attempt amicable resolution through mediation. If mediation fails, the dispute may be referred to arbitration under the Arbitration Act, 1965, or applicable South African law.
18.2 Urgent Relief: Nothing in these Terms prevents a Party from seeking urgent interim relief from a court of competent jurisdiction.

19. NOTICES AND DOMICILIUM

19.1 Delivery of Notices: Any formal notices must be in writing and may be delivered by hand, prepaid registered post, or email. Notices sent by prepaid registered post are deemed received within five (5) Business Days; by hand on the day of delivery; and by email on the next Business Day after dispatch.

20. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed, and the remaining provisions will continue to be valid and enforceable.

21. WAIVER

The failure of either Party to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision, nor does it prevent subsequent enforcement.

22. ENTIRE AGREEMENT

These Terms, along with any referenced policies or documents, constitute the entire agreement between you and Everyday Elements regarding your use of the Website and Services, superseding any prior arrangements, communications, or agreements, whether written or oral.