THE EXTRAPAWDINARY PET CO (PTY) LTD’S WEBSITE TERMS AND CONDITIONS OF USE
1. INTERPRETATION AND PRELIMINARY
The headings of the clauses in the Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify the provisions of the Terms and Conditions nor any clause hereof. In these Terms and Conditions, unless a contrary intention clearly appears:
1.1. Words Importing
1.1.1. any one gender include the other two genders;
1.1.2. the singular include the plural and vice versa; and
1.1.3. natural persons include created entities (incorporated or non-incorporated) and vice versa;
1.1.4. references to notices, statements and other communications by or from THE EXTRAPAWDINARY PET CO include notices by or from THE EXTRAPAWDINARY PET CO’s agent.
1.2. The following terms shall have the meanings assigned to them hereunder, unless the context indicates otherwise, and cognate expressions shall bear corresponding meanings, namely:
1.2.1. “Day” shall mean any day of the week, excluding Saturdays, Sundays and public holidays;
1.2.2. “Content” shall mean, content currently or anticipated to be displayed on THE EXTRAPAWDINARY PET CO’s Website, and shall include, but shall not be limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sounds and Television Broadcasts, Program-Carrying
Signals, Published Editions and Computer Programs provided by THE EXTRAPAWDINARY PET CO, its affiliates and/or subsidiaries, or any other third Party;
1.2.3. “Owner(s)” shall mean THE EXTRAPAWDINARY PET CO, its affiliates and/or subsidiaries, or any third party owners of proprietary works, its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;
1.2.4. “Supplier” shall mean any person, company, natural or juristic person contracted by THE EXTRAPAWDINARY PET CO for the supply of products or services its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;
1.2.5. “Terms and Conditions” means the contents of this document together with any annexures, appendices, amendments and updates hereto;
1.2.6. “User” means any User of THE EXTRAPAWDINARY PET CO’s Website;
1.2.7. “Website” means THE EXTRAPAWDINARY PET CO’s website located at the domain name www.extrapawdinary.co.za;
1.2.8. “THE EXTRAPAWDINARY PET CO” shall mean THE EXTRAPAWDINARY PET CO (Pty) Ltd, a private company duly incorporated in terms of South African Laws with registration number 2021/660633/07, and its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;
1.2.9. “Parties” shall mean THE EXTRAPAWDINARY PET CO and the User, and “Party” shall mean any one of them as the context may indicate.
1.3. Any provision of these Terms and Conditions imposing a restraint, prohibition or restriction on the User shall be so construed that the User is not only bound to comply therewith but is also obliged to procure that the same restraint, prohibition or restriction is observed by all representatives of the User accessing and/or using the Website under, by arrangement with, or at the invitation of the User (without limiting the generality of this provision) its associates, directors, members, officers, employees, agents and customers of the User.
1.4. When any number of days is prescribed in these Terms and Conditions, same shall reckoned exclusively of the first and inclusively of the last day unless the last day falls on the Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday;
1.5. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
1.6. Expressions defined in these Terms and Conditions shall bear the same meanings in schedules, annexures, addendums and amendments to these Terms and Conditions which do not themselves contain their own definitions.
2.1. These Terms and Conditions govern the User’s use of THE EXTRAPAWDINARY PET CO’s Website.
2.2. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out below.
2.3. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute the Website, or any content thereof.
3. AMENDMENT OF THE TERMS AND CONDITIONS
3.1. THE EXTRAPAWDINARY PET CO reserves the right to, at its sole discretion, change, modify, add to or remove portions or the whole of the Terms and Conditions from time to time.
3.2. Changes to the Terms and Conditions will become effective upon such changes being posted to the Website.
3.3. The onus rests with the User to periodically check the Terms and Conditions on the Website for any changes or updates therein contained.
3.4. The User’s continued use of the Website following the posting of any changes or updates by THE EXTRAPAWDINARY PET CO shall be considered notice of the User’s acceptance to abide by and be bound by the Terms and Conditions, including any changes or updates thereto.
4. ECTA REQUIREMENTS
In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act No 25 of 2005, THE EXTRAPAWDINARY PET CO makes the following information available to the User:
4.1. Its main business being an online retail store selling items related to pet care such as premium pet food, accessories, and related pet products
4.1.6. website address www.extrapawdinary.co.za and email address firstname.lastname@example.org
5. USERNAME & PASSWORD
5.1. Before making any purchase from THE EXTRAPAWDINARY PET CO the User will be asked to set up an online profile, which will include a username (email address) and password.
5.2. It is the User’s responsibility to keep this information confidential and not to disclose this information to any third party. The User is requested to immediately inform THE EXTRAPAWDINARY PET CO in the event that he/she believes that his/her information has been compromised.
6. AGREEMENT OF SALE
The agreement of sale between the User and THE EXTRAPAWDINARY PET CO comes into being upon completion of the purchase cycle on the Website.
7.1. All payments to THE EXTRAPAWDINARY PET CO will be hosted by Payfast.
7.2. Payfast uses the standard encryption protocol known as Extended Validation Secure Socket Layer with 128-bit encryption to keep the User’s order information secure by encrypting all sensitive information.
7.3. THE EXTRAPAWDINARY PET CO will not be held liable for security breaches occurring on the User’s electronic device (PC or other electronic devices used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on
7.4. The onus rests on the User to immediately inform his/her bank in the event that the User suspects any unauthorised charges to his/her bank account / card.
7.5 Customers with international billing addresses are only able to make payment by use of credit card.
8.1. Free delivery to Johannesburg, Pretoria, Cape Town & Durban will apply for orders over R500.00. A R90.00 delivery fee will be charged for orders under R500.00 to Gauteng (excluding outlying areas). All other regions our courier delivers to will have a flat delivery fee of R130.00. Outlying areas will have a
R250.00 delivery fee. These prices are for goods under 30kg. You can check if we deliver to your area by sending us an email with your full address and postal code.
8.2. THE EXTRAPAWDINARY PET CO aims to have as many of its products in stock as possible, but all orders placed by the User are subject to availability and receipt of payment.
8.3. Orders will be processed within 7 (seven) days and handed over to our Courier Company for delivery of all of THE EXTRAPAWDINARY PET CO’s products.
8.4. Products in Main Regions will typically be delivered within 1 to 3 working days, whereas other provinces and areas may carry a 3 to 10 working day dispatch period.
8.5. The onus rests on the User to ensure that his/her delivery address provided is correct and updated from time to time, and THE EXTRAPAWDINARY PET CO will not be held liable for delivery at any such incorrect address.
8.6. In the rare event that the User’s order doesn’t arrive, the User must notify THE EXTRAPAWDINARY PET CO of the lost items via email within 30 (thirty) days from placement of the order.
9. RESTRICTIONS ON SALE
9.1. Placing an item in the shopping basket without completing the purchase cycle does not constitute an order or an agreement of sale between the User and THE EXTRAPAWDINARY PET CO.
9.2. Prices and availability of products and services are subject to change without notice.
9.3. Should an item not be available from the supplier, THE EXTRAPAWDINARY PET CO reserves the right to remove the order from the shopping basket. The User will be notified of the removal of the product and all reasonable effort will be made to suggest alternative products. Should the alternative product be more or less expensive than the desired product, and if the User wishes to purchase the alternative product, the User will need to pay the additional amount to THE EXTRAPAWDINARY PET CO, or THE EXTRAPAWDINARY PET CO will refund the balance to the User, as the case may be.
9.4. THE EXTRAPAWDINARY PET CO reserves the right to revoke any stated offer and correct any errors, inaccuracies or omissions, including after an order has been placed and/or paid for by the User. In such event THE EXTRAPAWDINARY PET CO will refund the User for the full purchase price, and the order will be cancelled.
10. DEFECTS & REFUNDS
10.1. In the event that the User receives a defective product, the User may notify THE EXTRAPAWDINARY PET CO within 24 hours of becoming aware of the defect by way of email.
10.2. THE EXTRAPAWDINARY PET CO will only refund defective products referred to in 11.1 below, up to 14 days after delivery of the product to the User, subject to:
10.2.1. The product having suffered proven damage during shipment; or
10.2.2. The product having an inherent manufacturing defect; and
10.2.3. The damage to the product is of no cause of the User; and
10.2.4. The product being returned to THE EXTRAPAWDINARY PET CO in exactly the same condition as it was received (with its complete packaging) and without any signs of wear and tear.
10.3. The onus rests on the User to ensure that he/she orders the correct item and, subject to the User’s cooling-off period referred to in 10 above, THE EXTRAPAWDINARY PET CO will not refund the User for any product incorrectly ordered by the User.
10.4. The User should immediately notify THE EXTRAPAWDINARY PET CO in the event that the User receives a nutritional brand which has an adverse effect on his/her pet, in which event THE EXTRAPAWDINARY PET CO will refund the User for the full purchase price thereof, subject to the nutritional brand being returned to THE EXTRAPAWDINARY PET CO in its original packaging to enable the manufacturer to pick up the defective batch number and any other necessary information.
10.5. There will be no refunds for toys that are damaged by pets. The risk sits with the owner when buying toys from THE EXTRAPAWDINARY PET CO who is the supplier and not the manufacturer of these toys.
11. COOLING-OFF PERIOD
11.1. Subject to 10.2 above, the User is entitled to cancel any transaction for the supply of goods within 7 days of receipt of such goods in terms of section 44 of ECTA.
11.2. After cancellation in terms of 10.1 above, and on receipt of the returned goods in its original condition and packaging by THE EXTRAPAWDINARY PET CO, THE EXTRAPAWDINARY PET CO will make a full refund of the purchase price to the User within 30 days, subject to a charge being levied for the return of the
goods to THE EXTRAPAWDINARY PET CO.
11.3. The cooling-off period will not apply to any customized products ordered by the User.
12. COMPLAINTS AND DISPUTES
Users may file complaints via the “Contact us” service on the Website.
13. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
13.1. THE EXTRAPAWDINARY PET CO provides certain information on its Website.
13.2. Content currently or anticipated to be displayed on THE EXTRAPAWDINARY PET CO’s Website is provided by THE EXTRAPAWDINARY PET CO, its affiliates and/or subsidiaries, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works,
Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”).
13.3. All such proprietary works, and the compilation of the proprietary works, belong to THE EXTRAPAWDINARY PET CO, its affiliates or subsidiaries, or any third party owners of such rights (“the Owners”), and the Content is protected by South African and international copyright laws.
13.4. THE EXTRAPAWDINARY PET CO reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice to the User.
13.5. All rights in and to the Content is reserved and retained by the Owners.
13.6. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
14. LIMITED LICENSE TO GENERAL USERS
14.1. THE EXTRAPAWDINARY PET CO grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
14.2. THE EXTRAPAWDINARY PET CO’s Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of THE EXTRAPAWDINARY PET CO or the Owners.
14.3. The aforementioned license does not allow the User to collect products or service listings, descriptions or other information displayed here, and does not allow any derivative use of the Website or the Content for the benefit of another merchant.
14.4. The User may not frame nor use framing technologies to enclose THE EXTRAPAWDINARY PET CO’s Website or the Content nor any part thereof without the express written consent of THE EXTRAPAWDINARY PET CO.
14.5. THE EXTRAPAWDINARY PET CO and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website, or Content of the Website.
14.6. THE EXTRAPAWDINARY PET CO and its supplier, the Owners, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders at their sole discretion.
14.7. Any unauthorised use of THE EXTRAPAWDINARY PET CO’s Website will terminate this license.
15. LIMITATION OF LIABILITY & DISCLAIMERS
15.1. Subject to section 43(5) and 43(6) of ECTA, if applicable, and to the extent permitted by law, the Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors and THE EXTRAPAWDINARY PET CO, its suppliers and the Owners shall not be held liable for any damage, or loss or liability of whatsoever nature incurred by whoever as a result of any act or omission.
15.2. THE EXTRAPAWDINARY PET CO, its suppliers and the Owners make no warranty or representation as to the availability, accuracy or completeness of the Content on the Website, or any third-party content accessible via an Internet link on the Website.
15.3. Neither THE EXTRAPAWDINARY PET CO nor any of its suppliers, nor the Owners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use, or reliance on the Content or the Website or any functionality thereof, or of any linked website, even if THE EXTRAPAWDINARY PET CO is expressly advised thereof.
15.4. The use of any product bought from THE EXTRAPAWDINARY PET CO is at the User’s sole risk. The User indemnifies and holds THE EXTRAPAWDINARY PET CO harmless against any loss, injury or damage which may be sustained as a result of the use of any of THE EXTRAPAWDINARY PET CO’s products.
15.5. Should a specific product have a warranty or guarantee, such contract will be between the User and the relevant manufacturer of such product, and not between the User and THE EXTRAPAWDINARY PET CO.
15.6. Information, ideas and opinions expressed on the Website should not be considered as professional advice. When in doubt or concerned about your pet’s health, please consult a registered veterinarian.
15.7. All pictures used on the Website are used to give Users an indication of the product and might not reflect the actual product.
15.8. Due to currency fluctuations and shipping costs, the prices of products may vary from the prices displayed on the Website. THE EXTRAPAWDINARY PET CO will aim to keep the prices current and updated, but cannot guarantee that the prices displayed on the Website are always correct.
16. PRIVACY, ACCESS TO AND USE OF INFORMATION
16.1. THE EXTRAPAWDINARY PET CO receives various types of information (“the Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in s 1 of ECTA (hereinafter referred to “Personal
16.2. THE EXTRAPAWDINARY PET CO may electronically collect, store and use Personal Information, including Users’ names, contact details, surfing patterns, email addresses, IP addresses etc.
16.3. THE EXTRAPAWDINARY PET CO voluntarily subscribes to s 51 of ECTA and endeavours to treat Personal Information received by THE EXTRAPAWDINARY PET CO accordingly. Whenever the User is of the opinion that THE EXTRAPAWDINARY PET CO has failed to comply with s 51 of ECTA, the User shall inform THE EXTRAPAWDINARY PET CO thereof by sending an email to email@example.com. THE EXTRAPAWDINARY PET CO will review the User’s representations made by email and, if within THE EXTRAPAWDINARY PET CO’s sole and absolute discretion advisable, take corrective action and in any event within 20 (twenty) days respond to the User informing him/her about corrective actions taken, if any.
16.4. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
16.5. THE EXTRAPAWDINARY PET CO, its suppliers and the Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to THE EXTRAPAWDINARY PET CO, its suppliers and/or the Owners through the
Internet, or that you expressly or implicitly authorise THE EXTRAPAWDINARY PET CO, its suppliers and the Owners to make, or for any errors or any changes made to any transmitted information.
16.6. To ensure acquaintance with and awareness of the privacy measures and policies of THE EXTRAPAWDINARY PET CO, the User is urged to take care to read and understand the underlying privacy clauses attached as Annexure ‘A’ to these Terms and Conditions.
17. GOVERNING LAW, SEVERABILITY, WHOLE AGREEMENT & NON-WAIVER
17.1. This Website is controlled, operated and administered by THE EXTRAPAWDINARY PET CO from its offices as set out below within the Republic of South Africa.
17.2. THE EXTRAPAWDINARY PET CO makes no representation that the Content is appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
17.3. The User may not use this Website in violation of South African export laws and regulations.
17.4. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Magistrates Court in the event of any dispute.
17.5. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions
shall continue in full force and effect.
17.6. These Terms and Conditions constitute the entire agreement between THE EXTRAPAWDINARY PET CO and the User and no variation, cancellation, novation or deletion of any provision of these Terms and Conditions shall be binding unless reduced to writing and signed by the an authorised representative of THE EXTRAPAWDINARY PET CO.
17.7. No indulgence shown by THE EXTRAPAWDINARY PET CO to the User may be construed as a waiver of any kind.
17.8. This document shall not be interpreted against the Party responsible for preparing and drafting it, in other words the contra proferentem rule shall not apply to the interpretation of this document.
18. CONTACT DETAILS
In the event that you need to contact THE EXTRAPAWDINARY PET CO for purposes related to these Terms and Conditions, please use the following contact details:
18.1. Telephone: 084 444 5324. Available working days between 8am and 5pm.
18.2. Email: Daniella@extrapawdinary.co.za
18.3. Postal Address: PO Box 3295, Cramerview, 2060