Terms and Conditions

INTRODUCTION

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THE CONSCIOUS TRIBE WEBSITE (“SITE”), YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS.

 

THESE TERMS OF USE

Your access to and use of the site is subject to your compliance with the terms and conditions set forth below, including all exhibits hereto. Please examine these carefully before accessing or using the site. By accessing or using the site, you agree to be legally bound by the terms of use set forth below. You may not access or use the site should you not want to be bound by these terms and conditions. It is your responsibility to review this documentation regularly, and to ensure that you agree with any amendments to these terms of use. If you do not agree with any amendments to these terms of use, you may no longer access the site.

 

LEGAL AGE AND CAPACITY

You may not access the site and may not accept these terms of use if you lack the legal capacity to enter into a binding contract with us; are a person barred from accessing the site under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you access the Website. By accessing the Website and/or the content you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these terms of use.

 

INTELLECTUAL PROPERTY RIGHTS

All the content, trademarks and data on this site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to The Conscious Tribe and as such are protected from infringement by local and international legislation and treaties.

 

SUBMISSIONS

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to The Conscious Tribe, or postings on this site, are nonconfidential and shall become the sole property of The Conscious TribeThe Conscious Tribe shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to The Conscious Tribe irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

 

EDITORIAL CONTROL

This site contains content provided by third parties and hyperlinks to other sites. The Conscious Tribe does not screen or filter such content or the other sites or information available from those other sites and therefore does not accept any liability for defamatory, illegal or criminal content contained on those sites. We encourage you to report any infringement, illegal or criminal content found on any of the sites available through links from the site in order to investigate whether such link should be removed.

 

DEALINGS WITH THIRD PARTIES

Links to and from the website from and to other websites belonging to or operated by 3rd parties (“hyperlinked websites”) do not constitute our endorsement of such hyperlinked websites or their contents, nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms of use which will govern your relationship with such third party. We have no control over hyperlinked websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such hyperlinked websites or for any damage, damages or any other loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such hyperlinked websites. You agree that where you access hyperlinked websites, you do so entirely at your own risk. Your interaction, correspondence or business dealings with 3rd parties which are referred to or linked from or to the website is similarly entirely at your own risk and are solely between you and such 3rd party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.

 

ARBITRATION

If any dispute arises between us regarding any provision of these terms of use, or its application or termination, then we agree that we will attempt to resolve said dispute informally by means of joint co-operation or discussion between the parties directly involved in the dispute within 5 business days after that dispute arises or such extended time period as we may agree to. In the event we are unable to informally resolve our dispute, that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.

This clause shall constitute your irrevocable consent to the arbitration proceedings, and you shall not be entitled to withdraw your consent or to claim that you are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process.

Any award that may be made by the arbitrator –

  • shall be final and binding;
  • will be carried into effect; and
  • may be made an order of any court to whose jurisdiction the parties to the dispute are subject.

 

Notwithstanding the foregoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause. This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time. We may monitor your communications

Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to the site and/or to our staff and/or employees. You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.

The Conscious Tribe reserves the right to make changes to the site and this user agreement at any time without notice.

 

PRICES :

The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed. The Conscious Tribe reserves the right to adjust prices without prior notice.

 

PAYMENT METHODS

Credit card payments.

At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.

Payment is only collected when the order is completed and the goods shipped.

 

COUPONS

The user can also choose to use any of his/her available coupons to pay for an order.

Coupons can only be redeemed online at www.theconscioustribe.co.za.

Note that to protect its own and the interests of customers, The Conscious Tribe scrutinises all transactions very carefully to prevent attempted fraud and a transaction may be refused if The Conscious Tribe is not satisfied with its legitimacy.

 

AGREEMENTS OF SALE

Placing an item in a shopping basket without completing the purchase cycle does not:

constitute an agreement of sale between The Conscious Tribe and users cannot hold The Conscious Tribe liable if such items are not available when the purchase cycle is completed later; and/or

constitute an order for such an item; and

The Conscious Tribe may remove such an item from the shopping basket or wishlist if no stock is available.

An agreement of sale between The Conscious tribe and a user only comes into effect if and when:

A credit card authorisation is received from the issuing bank.

The Conscious Tribe reserves the right to refuse to accept and/or execute an order without giving any reasons. The Conscious Tribe also reserves the right to cancel orders in whole or in part as circumstances dictate. The Conscious Tribe shall only be liable to refund monies already paid by the user.

The Conscious Tribe  shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, we will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

 

STOCK AVAILABILITY

Stocks of all goods on offer are limited. The Conscious Tribe shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, The Conscious Tribe shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

 

SPECIAL OFFERS

The Conscious Tribe shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.

If The Conscious Tribe supplies the wrong product or if the product is in any way faulty or damaged, The Conscious Tribe will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and The Conscious Tribe will refund the purchase price including delivery costs.

 

APPLICABLE LAW

The website is created, maintained and controlled in the Republic of South Africa and as such the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use the Website.

 

CHANGE TO USER AGREEMENT

The Conscious Tribe reserves the right to make changes to the Website and this user agreement at any time without notice.

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