Terms & Conditions

Terms and Conditions

NB: This terms of this Payment and Shipping Information form part of the SERENITY SLEEPWEAR (‘we’ or ‘us’) terms and conditions.

Contents

1 Who we are

2 Acceptance of these Terms and Conditions

3 Registration on the Website and Security

4 Conclusion of Sales

5 Availability of stock

6 Payment and Shipping

7 Errors

8 Children

9 Electronic communications

10 Ownership and copyright

11 Social media and Content

12. Disclaimer and Limitation of Liability

13 Website Availability

14 Privacy Notice

15 Warranties

16 Termination

17 Governing Law

18 Notices

19 Complaints

20 General

IMPORTANT TERMS

In terms of s49 of the Consumer Protection Act no. 68 of 2008 these terms:

• Limit our liability, (clause 13)

• Can create liability for you the user, (clauses 12)

• Can compel you to indemnify us in some cases, (clause 11)

• Acknowledge facts (clause 10, 13, 14, 15)

Please read these terms and conditions carefully.

1 Who we are

• Full name: Serenity Sleepwear (‘we’ or ‘us)]

• Physical address: 5A Duiker Drive, Drummond 3626

• Directors: S D Thompson

• Phone number: 076 859 5552

• Email address: info@serenitysleepwear.co.za

2 Acceptance of these Terms and Conditions

All purchases and interactions with this website [www.serenitysleepwear.co.za] are governed by these Terms and Conditions. These Terms and Conditions apply to all users to register online (by clicking ‘register now’) so please read them carefully.

As laws and circumstances change we will update these Terms and Conditions. Our agreement with you, our customer, will be governed by the Terms and Conditions that existed at the time of each transaction.

3 Registration on the Website and Security

You can only buy goods if you are registered on the Website. You must use a unique username and password to register and you agree not to provide these details to anyone else.

You agree that we can rely on any instruction using your username and password – even if there has been fraud involved – unless you let us know that there was a problem (a security breach).

Please tell us IMMEDIATELY if you have any reason to suspect that your security (including your username and password, but also your cell phone or email address etc) has been breached. You can do this by contacting us using the information in clause 1 above.

You agree not to use any device or software to interfere with the security of the website.

4 Conclusion of Sales

Only registered users can place orders which can be rejected by us. Our acceptance of your order only comes into effect when the goods are delivered to you and not before. If – for any reason – the goods are not delivered then the agreement does not come into effect and we will refund you any payment you have already made as soon as we can.

5 Availability of stock

We make reasonable efforts to monitor and maintain accurate stock levels, but it is possible that we will no longer have the goods that you ordered. If this happens then we will let you know as soon as we can and we will refund any money you have paid.

6 Payment and Shipping

See separate document

7 Errors

While we do our best to avoid making errors, sometimes they happen despite our best efforts. This is what happens depending on the type of error:

7.1 Error in price

We will not be liable for any error in the price of the goods except to the extent of refunding any amount you have already paid. Please remember that our agreement is only concluded when the goods are delivered to you.

7.2 In service

We will not be liable for any errors in the service delivered, unless that error was the result of gross negligence. If the error was a result of gross negligence then we will be liable to the extent set out in the limitation of liability clause below.

7.3 In goods

We will not be liable for any errors in the goods unless they are the result of gross negligence by us and then we will be liable to the extent set out in the limitation of liability clause below.

8. Children

This website is not designed to be used by children.

We do not collect information about children in order to fulfil your order but we do not use the personal information of children in any way other than to deliver the correct goods to you.

9 Electronic communications

We prefer sending and receiving electronic communications so please contact us using the website or by means of email. All electronic communications like this are considered to be ‘in writing’ in terms of the Electronic Communications and Transactions Act no. 25 of 2002 (ECT Act). Any order you make using your username and password are also considered to be ‘signed’ by an electronic signature in terms of the ECT Act.

10 Ownership and copyright

The contents of the Website (this includes images, text, data, trade marks etc) are protected by copyright and either belong to us or to third party advertisers. You do not acquire any rights to the Website content and you agree not to reproduce, distribute, broadcast or adapt the content except with our specific written permission. You can ask us for permission by using our contact details in clause 1 above.

11 Social media and Content

You agree not to submit any content or information which is defamatory, offensive, contains or amounts to hate speech, breaches our or a third parties intellectual property rights or is illegal. You also indemnify us from any damages we may suffer if you breach this clause. If you are unsure whether you are allowed to submit the content then please ask us first!

If you have a criticism or you are unhappy with our goods or services we would really appreciate it if you would give us a chance to sort out the problem before you post anything on social media. We reserve the right to reply to any comments you make on social media.

12.Disclaimer and Limitation of Liability

We will not be liable for any indirect, incidental, special or consequential loss which you or your agents or employees suffer as a result of the goods or services, unless otherwise provided by law.

13 Website Availability

While we try to make the website available all the time we may be forced to suspend it for a number of reasons including scheduled maintenance, responding to security breaches and due to other circumstances beyond our control (like electricity blackouts or Internet problems). We make no warranty that the Website will be constantly available and we reserve the right to suspend the Website - without notice to you - at any point and at our sole discretion.

In addition, we may suspend your access to the Website if you breach these terms and conditions or if you are reasonably suspected of breaching these terms and conditions. If we do this we will provide written notice to you that we have done this and the reason for your suspension.

14 Privacy Notice

In terms of the Protection of Personal Information Act no. 4 of 2013 we are governed by our Privacy Notice .

15. Termination

15.1 No fault termination

Either of us can terminate this agreement by providing the other party with 30 calendar days’ notice to the other.

15.2 Termination due to breach

Either of us can terminate this agreement with 5 calendar days’ written notice if the other party breached these Terms and Conditions.

15.3 Effect of termination

Even if this agreement is terminated, the clauses of this agreement will apply to any transaction which was concluded before this agreement was terminated. In addition, there will be some clauses, such as intellectual property and privacy policy, that will remain in force even after this agreement has been terminated.

16 Governing Law

This Website and our products and services are governed by the laws of South Africa.

17 Notices

We choose the contact details contained in clause 1 for the delivery of all complaints as well as for all legal processes (legal documents). We can change this address at any time by giving you 7 days written notice that we are changing the details in clause 1.

You agree that we can rely on the contact details you provided when registering on the Website for the delivery of any legal documents, unless you inform us of a new address or contact details in writing.

We are both deemed to receive documents by email

18. Complaints

If you have any complaints please contact us first using details in clause 1. If we do not resolve your complaint in 15 business days then you can approach the Consumer Goods and Ombud to assist you to resolve the dispute . Their details are :

Website https://www.cqso.org.za/

Address : 292 Surrey Avenue , Ferndale . Randburg, RSA

Email : info@cgso.org.za

Telephone ( 011 ) 781 2607

19. General

Some general points:

• You cannot cede or assign (give away) your rights and obligations in terms of these Terms and Conditions;

• If we or you do not enforce a right, that does not mean that right is waived;

• If any of the terms in these terms and conditions is declared invalid or illegal then the remaining terms will still apply, provided that the commercial purpose of the terms remains;

• Any amendment of this agreement must be in writing and accepted by both parties;

• Neither of us will be responsible for any failure to act or to comply with a provision of these Terms and Conditions or the terms of a particular transaction if either of us is prevented from complying by an act beyond our reasonable control (otherwise known as ‘force majeure’). This includes events like strikes, riots, earthquakes as well as other events like lockdowns due to a pandemic or changes to laws which affect our relationship or a particular transaction. If this type of event happens then neither party will be liable to the other for any damages the one may suffer due to force majeure.

Free delivery over R600 !