Terms of service
OVERVIEW
Welcome to Mandy O! The terms "we", "us", and "our" refer to Mandy O. Mandy O operates this online store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Mandy O is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to offer the Services to you.
These terms and conditions, together with any referenced policies (including our [Return & Refund Policy] and [Privacy Policy]), describe your rights and responsibilities when using our Services ("Terms of Service" or "Terms").
Important Notice: Nothing in these Terms is intended to unlawfully restrict, limit, or avoid any legal rights or obligations created for either you or us under the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), or the Protection of Personal Information Act 4 of 2013 (POPIA) in South Africa.
By visiting, interacting with, or purchasing from our online store, you agree to be bound by these Terms of Service. If you do not agree to these Terms, you should not access or use our Services.
SECTION 1 - MANDATORY STATUTORY DISCLOSURES (ECTA SECTION 43)
In compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), our statutory seller details are provided below:
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Full Name: Mandy O
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Contact Email: mandyoelofse22@outlook.com
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Physical Address / Address for Legal Service: [INSERT YOUR PHYSICAL BUSINESS ADDRESS]
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Main Description of Goods: Artisanal stationery, lifestyle goods, and curated retail products.
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Website: [INSERT YOUR WEBSITE URL]
SECTION 2 - ELIGIBILITY AND ACCOUNT SECURITY
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in the Republic of South Africa) or that you are of legal age and have given us explicit consent to allow any of your minor dependents to use this site under your supervision.
To complete purchases, you may be required to provide current, accurate, and complete account details, including your email address, physical shipping address, and payment information. You are solely responsible for maintaining the confidentiality of your account credentials.
SECTION 3 - PRODUCTS AND DISPLAY
We make every reasonable effort to display the colors, attributes, and details of our products as accurately as possible. However, actual colors and appearances will depend on your display screen settings and device hardware.
All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to limit the quantities of any products offered or to discontinue any product at any time.
SECTION 4 - ORDERS AND ACCEPTANCE
When you place an order, you are making an offer to purchase goods. We reserve the right to accept, decline, or limit your order for legitimate operational reasons (e.g., stock unavailability, pricing errors, or suspected fraudulent activity).
Your order is accepted only once payment is confirmed and we dispatch your goods or send an explicit order confirmation. If we cancel or modify an order, we will notify you using the contact details provided at checkout.
All purchases are intended for personal, end-use consumption, and not for unauthorized commercial resale or export.
SECTION 5 - PRICING, PAYMENT, AND BILLING
All prices displayed on our website are quoted in South African Rand (ZAR) and include applicable South African taxes (where relevant), unless explicitly stated otherwise. Delivery and shipping fees are calculated and displayed separately during checkout.
Prices are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as shown in your order confirmation.
You warrant that you are authorized to use the credit card, debit card, or electronic payment method submitted, and that sufficient funds are available to cover the purchase.
SECTION 6 - SHIPPING, DELIVERY, AND RISK OF LOSS
Delivery dates and transit estimates provided at checkout are estimates only. While we endeavor to meet estimated timelines, we are not liable for reasonable delivery delays caused by third-party couriers, severe weather, or events outside our control.
In accordance with South African law, title to and risk of loss or damage to goods passes to you upon physical delivery of the package to your nominated delivery address.
SECTION 7 - CANCELLATIONS, RETURNS, AND REFUNDS
Your rights to cancel orders, return products, or claim refunds are governed by our [Return & Refund Policy], which forms an integral part of these Terms.
In brief:
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7-Day Statutory Cooling-Off: Under ECTA, you may cancel non-exempt online orders within 7 days of delivery for a refund.
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6-Month Statutory Defect Warranty: Under Section 56 of the CPA, defective or damaged goods may be returned within 6 months for a refund, replacement, or repair at your election.
SECTION 8 - INTELLECTUAL PROPERTY
All content on our website and Services—including text, graphics, logos, images, design elements, product designs, and software—is the property of Mandy O (or its licensors) and is protected by South African and international intellectual property laws.
You are granted a limited, personal, non-commercial, non-exclusive license to browse the website and purchase goods. You may not reproduce, distribute, modify, republish, or create derivative works from any material on this website without our express written permission.
SECTION 9 - PRIVACY AND PROTECTION OF PERSONAL INFORMATION
We respect your privacy and process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
Because our online store is hosted on Shopify Inc., your personal information (such as name, address, and order history) is securely processed and transferred across international borders to Shopify’s global servers to complete your transaction. Please refer to our [Privacy Policy] for full details on how your data is collected, stored, and protected.
SECTION 10 - OPTIONAL THIRD-PARTY TOOLS & LINKS
We may provide access to third-party tools, payment gateways (e.g., Payfast, SnapScan, credit card processors), or website links over which we have no direct control. You acknowledge that access to such tools is provided "as is" and subject to the terms and privacy conditions of those respective third-party providers.
SECTION 11 - USER FEEDBACK, REVIEWS, AND SUBMISSIONS
If you send us customer reviews, product feedback, or suggestions, you grant us a royalty-free, perpetual license to use, publish, and edit that material across our digital media channels. We will not publish full personal information alongside reviews without your consent, in line with POPIA.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our website may contain typographical errors or inaccuracies regarding product specifications, pricing, promotions, or shipping rates. We reserve the right to correct any errors and to cancel affected orders if any information on the site was inaccurate when the order was placed. If your order is canceled due to a pricing or technical error, a full refund will be issued immediately.
SECTION 13 - PROHIBITED USES
You are strictly prohibited from using our site or its content:
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For any unlawful purpose or to violate local, national, or international regulations.
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To infringe upon our intellectual property rights or those of others.
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To transmit viruses, malware, or malicious code.
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To collect or track the personal information of other users without consent.
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To scrape, crawl, or deploy automated bots/agents without prior authorization.
Violation of these terms may result in immediate termination of your access to our Services.
SECTION 14 - DISCLAIMER OF WARRANTIES AND STATUTORY GUARANTEES
Except as expressly provided under the Consumer Protection Act (CPA) or other applicable South African law, our site and products are provided on an "as is" and "as available" basis without express contractual warranties beyond our standard product specifications.
Statutory Exception: Nothing in this section limits, excludes, or waives your non-waivable statutory consumer rights under South African law, including the implied 6-month warranty of quality and safety under Section 56 of the CPA.
SECTION 15 - LIMITATION OF LIABILITY
To the extent permitted by South African law:
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Neither Mandy O, nor its owner, employees, or partners, shall be liable for indirect, incidental, or consequential damages arising from your use of the website or purchased items.
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Our maximum cumulative liability for direct loss or damage arising out of any order shall not exceed the total purchase price paid for the specific goods in question.
Note: Nothing in these Terms excludes liability for gross negligence, willful misconduct, or statutory duties that cannot be legally excluded under South African law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify and hold harmless Mandy O, its officers, employees, and suppliers from any third-party claims, losses, or legal costs arising out of your breach of these Terms of Service or your violation of any applicable law.
SECTION 17 - SEVERABILITY
If any provision of these Terms is held to be unlawful, void, or unenforceable under South African law (such as the CPA or ECTA), that specific provision shall be severed from the agreement, and the remaining provisions shall remain fully valid and enforceable.
SECTION 18 - GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate purchase agreements between you and Mandy O shall be governed by, construed, and enforced in accordance with the laws of the Republic of South Africa.
You consent to the jurisdiction of the Magistrate’s Court or High Court of South Africa having jurisdiction over the relevant dispute.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We reserve the right to update or amend these Terms by posting updates on our website. Continued use of the website following changes constitutes acceptance of those updates.
SECTION 20 - CONTACT INFORMATION
Questions regarding these Terms of Service should be sent to us at mandyoelofse22@outlook.com.