Last Updated: February 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.
Whether you are a Vendor or a Customer, all use of our website www.klipklap.co.za, including all services, media and data available on it, (“Site”) is governed by these Website Terms and Conditions (“Site Terms”) and the following related policies:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you or others provide to us. By using our Site, you acknowledge the existence of such processing and you warrant that all data provided by you is accurate. You also warrant that you have obtained the consent of all persons whose personal data you provide to us, for us to use that data to provide you and such other person with the requested product, service or information (for example, sharing listings using an invite a friend feature of the Site).
- Our Cookie Policy, which sets out information about the cookies on our Site.
To make it easier for you to navigate these Site Terms, we have set them out in four sections:
- PART A: INTRODUCTION
- PART B: PROVISIONS SPECIFIC FOR CUSTOMERS
- PART D: GENERAL
Some of the terms apply only to Vendors (Part B) or Customers (Part C), and not both. This will be clearly signposted to you, but please be careful to read the terms which apply to you. The terms and conditions of sale are set out separately here and govern the relationship between Vendors and Customers where a contract for sale is entered into via the Site (“Terms of Sale”).
PART A: INTRODUCTION
1. ACCEPTANCE OF SITE TERMS
By visiting this Site, whether as a Vendor or a Customer, and whether or not you become a registered user of the Site or not, you agree to be bound by, and abide by the Site Terms. If you do not agree with these Site Terms, then you must immediately stop using the Site. We reserve the right to change the Site Terms by posting the new version to this page or by notifying you of such change via email. You can review the current version of the Site Terms which apply to your use of the Site at any time on this page.
2. HOW OUR SITE WORKS
We provide an online platform on which buyers (“Customers”) can purchase certain goods such as pre-owned furniture, upcycled and recycled goods, antique items, second-hand designer items, used vintage items, ex-display designer items, props, stylish vintage items and other items listed at KlipKlap’s discretion (“Goods”).
All transactions which occur on the Site for the purchase of Goods are between KlipKlap and a Customer.
PART B: PROVISIONS SPECIFIC TO CUSTOMERS
OBLIGATIONS OF THE CUSTOMER
Customers agree not to use the Site for any illegal or unauthorised purposes.
Customers acknowledge that by purchasing Goods on the Site, they are doing so from KlipKlap and the Terms of Sale shall apply. If a Customer has a question, comment or complaint in relation to the Goods purchased from KlipKlap (including, for example, cancellation and refund requests, late delivery and breakages of the Goods), the Customer may contact KlipKlap in writing to info@klipklap.co.za. As most of the Goods sold on our website are pre-owned (used), all Goods are sold ‘Voetstoots’ (as is).
LIMITATION OF OUR LIABILITY TO CUSTOMER
Due to the nature of the Goods listed for sale on the Site which are mostly unique items, it is possible that KlipKlap may be advertising their Goods elsewhere. Goods are therefore subject to availability and KlipKlap shall not be liable for any Goods listed on the Site which are no longer available.
KlipKlap shall not be responsible for or liable for any acts or omissions of any third party providers (including Payment Services providers) or in respect of any User Content.
REVIEWS ON OUR WEBSITE AND SOCIAL MEDIA PLATFORMS
Customers can provide feedback on each of their purchased items, provided that the item has not been cancelled or returned.
KlipKlap will share the review publicly and may publish the following information from the review:
- The Customer providing the review
- The item(s) purchased
- The rating (1-5 stars) and the review (specific feedback)
- The date of the creation of review
Review visibility on KlipKlap:
Customers are acknowledging that all reviews posted are public and can be freely used by KlipKlap. KlipKlap may promote, hide or remove any review at our sole discretion. If a review hasn’t been made public, it may be because it does not follow KlipKlap’s guidelines as set out below.
While KlipKlap will moderate reviews, we take no responsibility and assume no liability for any statement made by a customer or a third party.
KlipKlap reserves the right to remove any reviews that may fall into one or more of the following categories:
- It is harmful or illegal (hate speech or discrimination, terrorism, threats or violence, or obscenities)
- It includes personal or private information
- It contains advertising and/or promotional content
- It is not related to a genuine experience
- It concerns a third party outside of the KlipKlap’s control
- It undermines the integrity of KlipKlap’s reviews system
If you have seen a review that is not suitable for public view, please report it by emailing us at info@klipklap.co.za
Please note: Reviews that are negative, but that adhere to KlipKlap’s policies will not be removed.
PART C: GENERAL
USER ACCOUNT
To use our Site, you need to register for a user account and provide all requested information. You acknowledge that KlipKlap shall use the email address you provide as the primary method of communication. You agree to not give false or misleading information in your account details and to keep this information up to date at all times. In the case of a company, you hereby warrant that you have authority to bind the company (as the contracting party) to these Site Terms. In the case of an individual, you hereby warrant that you are 18 years of age or older. You may not create more than one account on the Site.
You may be required to set up and maintain an account with our Payment Providers in order to utilise the Site (“Payment Account”). Setup and use of the Payment Account shall be governed by the terms and conditions of the relevant Payment Provider. You agree not to disclose your account details to any other person and to protect your account details and password from unauthorised use. You will be responsible for any use of our Site with your account details and for the security of any computer where you choose to sign into your account on the Site.
We reserve the right to refuse to register or to delete your account on the Site if you have previously had an account deactivated by us due to your breach of these Site Terms (or earlier versions thereof).
ACCESS TO THE SITE
We will make reasonable efforts to ensure (but we do not warrant that) the Site is operational 24 hours a day, 7 days a week. Notwithstanding this, we do not guarantee that the Site, or any content or services available on it, will always be available or be uninterrupted. Where any proposed suspension or withdrawal is due to maintenance services, we will try to give you reasonable notice.
We reserve the right (without liability to you or prejudice to our other rights) to suspend your access to or use of the Site without notice in the event you breach, or we reasonably suspect that you have breached or will breach, these Site Terms.
USE OF THE SITE
The Site is provided for your general information and use only. We do not warrant that the Site or any services or information accessed by you via the Site will meet your particular requirements and you agree that it is your responsibility to assure yourself the of the same.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.
You acknowledge that the Site may enable or assist you to access the website content of, correspond with, and purchase products and services, and that you do so solely at your own risk. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Site.
USER CONTENT – CONTENT STANDARDS
Whenever you make use of a feature that allows you to upload, post or otherwise transmit content to the Site, or to make contact with other users of the Site, (“User Content”) you must comply with these Site Terms. For the avoidance of doubt, User Content shall include all text, photographs, videos, documents, audio or other content and material which Customers upload to complement their account profile, and which Customers transmit in any public forum or any private message feature of the Site. You warrant that all your User Content will comply with our policies.
We reserve the right to monitor, censor and review User Content, but do not have the obligation to do so. You acknowledge that, unless expressly stated otherwise, User Content has not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
We have the right to remove, edit or decline to display any User Content or listing from the Site without notice, or to require you to amend the User Content, if, in our sole discretion, such User Content does not comply with these Site Terms or removal or editing is otherwise desirable for business or operational reasons. You are solely responsible for backing up your User Content. We also have the right to disclose your identity to any third party who is claiming that your User Content infringes their rights, including their intellectual property rights or their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
Any User Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you grant us a worldwide, non-exclusive, transferable, royalty-free licence (with the right to sub-license) to use, store, copy, adapt, make available to the public, translate, distribute and otherwise exploit such User Content (in whole or in part) for the purpose of operating, improving and promoting the Site and related services. You represent and warrant that, in respect of all User Content uploaded by you, you own or otherwise have all necessary consents to do so and to meet your obligations under these Site Terms.
INTELLECTUAL PROPERTY
You acknowledge that all intellectual property rights in the Site anywhere in the world belong to us or our licensors and that you have no rights in or to the Site other than the right to use each of them in accordance with the terms of these Site Terms.
NO WARRANTIES
All warranties, conditions, representations or other terms implied by statute or common law in relation to the Site are excluded to the fullest extent permitted by law.
INDEMNITY
You acknowledge and agree that you will defend, hold harmless and indemnify us against any claim, loss or damage that we may suffer as a result of your use of the Site or your breach of these Site Terms (including posting of User Content which contravenes the Acceptable Use Policy).
TERMINATION
You may terminate your account at any time, for any reason, by contacting us at info@klipklap.co.za from the email address linked to your account and asking us to deactivate your account.
We may terminate and delete your account and the provision of any services and access to the Site:
- at any time and for any reason, upon providing you with 5 days’ notice;
- immediately without notice in the event you commit a breach of these Site Terms; or
- in the event the Site is discontinued, we lose the right to provide you with the Site, or where the provision of the Site becomes unlawful. In such event, we will endeavour to provide you with reasonable notice in advance; however, you acknowledge that this may not be possible in all circumstances and we shall not be liable to you for such failure to notify.
Upon termination, you must cease all use of the Site. You acknowledge that you will lose all right to access your User Content
OTHER IMPORTANT TERMS
Assignment and other dealings: You may not assign, transfer, sub-license or deal in any other manner with any or all of your rights under these Site Terms, without our prior written consent.
Waiver: A waiver of any right or remedy under these Site Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Site Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Site Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance: If any provision or part-provision of these Site Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Site Terms.
Relationship: Nothing in these Site Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties or constitute any party the agent of another party.
Third Party Rights: No one other than a party to these Site Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
Entire Agreement: These Site Terms, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Site Terms or any document referred to herein..
Governing Law/Jurisdiction: These Site Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of South Africa, and each party irrevocably agrees that the courts of South Africa shall have exclusive jurisdiction to settle any such dispute or claim.