1. Definitions
    For the purposes of these Terms of Service the following definitions shall apply:

    • All references to “Seller”, “we” and “us” refer to Ginormity, and situated at Randburg, Johannesburg, South Africa
    • All references to “Purchaser”, “you” and “your” refer to the party with whom the Seller transacts with in respect of sale of the Goods.
    • All references to “Goods” are deemed to refer to products sold or services provided by the Seller, both at the Seller’s location or via the Seller’s website at www.ginormity.co.za
    • All references to “Courier” refer to the third party contracted by the Seller to effect courier delivery of the Goods sold to the Purchaser.
  2. Descriptions
    Any description, either in writing or by illustration, given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. the Purchaser hereby affirms not to rely in any way on any description when purchasing the Goods. When in doubt, the Purchaser shall contact the Seller prior to ordering the Goods, and confirm the suitability of the Goods for any particular purpose.
  3. Prices
    • All the Goods are sold at prices as set forth by the Seller. All prices published by the Seller are exclusive of delivery costs, and unless stated otherwise, are exclusive of VAT, which is not applicable.
    • Due to fluctuations in raw material and treatment costs, prices supplied in writing will be valid for a period of 7 (seven) days from date thereof.
    • If the Purchaser wishes the Seller to deliver the Goods to any address specified by the Purchaser, the Seller will quote the Purchaser on the additional costs of such delivery.
    • The Seller may adjust the prices at which the Goods are offered for sale at any time and without prior communication with the Purchaser. However, the Seller will be obliged to sell the Goods to the Purchaser at the prices published at the time at which the Purchaser ordered the Goods from the Seller.
  4. Orders
    Orders will be considered to have been accepted by the Purchaser once the Seller has received payment in full for the Goods purchased by the Purchaser as specified on the order confirmation supplied to the Purchaser by the Seller. Once accepted, orders cannot be cancelled and payment will not be refunded.
  5. Security of Financial Information
    We take care to make the purchasing process safe for you to use. We do not process card or online payments in any manner, thus we do not retain and/or store any of you personal banking information in any form.
  6. Delivery, Collection, and Transfer of Ownership
    • The Seller will arrange for delivery of the Goods if the Purchaser so desires. the decision on the means by which such delivery shall be effected, including but not limited to the contracting of a Courier, shall lie with the Seller. the Purchaser understands and agrees that the Seller has limited or no control over deliveries once the Goods have been handed over to a Courier. The Purchaser furthermore agrees to make suitable arrangements to accept delivery of the Goods, including but not limited to providing correct, accurate and complete information on the address or location where delivery of the Goods is to be effected, and making arrangements for persons to be present at the specified address or location of delivery at the time of delivery. Should the Purchaser fail to make such arrangements and Courier is unable to effect delivery as a result of this, the Goods will be returned to the Seller and the Purchaser shall be liable for any and all additional delivery charges associated with (a) repeated attempt(s) to effect delivery of the Goods.
    • The Seller will endeavour to effect delivery on any date specified by or agreed on with the Purchaser, but does not give any warranties whatsoever in this regard and shall not be held responsible for any damages, either direct or indirect, which the Purchaser may suffer as a result of later delivery. If the Seller is unable to effect delivery of any part of the Goods on the date or time stipulated by the Seller or by the Purchaser, the Purchaser shall be obliged to take delivery as and when the Seller can reasonably effect such delivery. In order to limit the risk of loss or damage up to and including the moment of delivery, all routes and modes of transportation of the Goods shall be chosen by the Seller, save that the Purchasers preferences shall be considered.
    • The Purchaser shall inspect the Goods upon delivery to ensure that the Goods have been delivered undamaged, complete and in good order. Should the Purchaser note any damage to the packaging of the Goods at the time of delivery, then the Purchaser shall note this in sufficient detail on the delivery slip provided by Courier, and not accept delivery of the Goods. If the Purchaser accepts delivery of the Goods regardless of noting such damage to the packaging of the Goods, then the Seller shall consider the Goods to have been delivered in good order and to have been accepted as such by the Purchaser.
    • Risk of loss or damage to the Goods shall pass to the Purchaser upon delivery.
    • All the Goods remain the property of the Seller until paid for in full by the Purchaser.
    • We do not offer international/ overseas delivery due to unpredictable customs costs and risks with delivery mechanisms over which we have no control. You may arrange for collection and shipping from our premises at your own risk.
  7. Returns
    The Goods may be returned only when defective, if the Goods supplied are not what was ordered, or if the Goods were delivered in undamaged packaging but were found to be damaged at the time of unpacking. Should the Purchaser find any defect associated with any of the Goods after acceptance of delivery, the Purchaser will inform the Seller of the nature of the defect or defects within 3 (three) working days. If the Goods delivered are not what was ordered, the Purchaser will inform the Seller of this fact within 24 (twenty-four) hours of delivery. The Seller will endeavour to remedy such defects within a reasonable amount of time. The decision whether any of the Goods may be returned by the Purchaser and subsequently be refunded or replaced by the Seller (where applicable) shall lie with the Seller, whose decision shall be final and binding. Should the Purchaser’s claim(s), upon investigation, prove to be unjustified, then the Seller reserves the right to charge the Purchaser for any additional delivery costs incurred before resupplying the returned item(s). In any case the Seller’s liability shall be limited to either replacing or refunding the Goods, and not include any other damages, either direct or indirect, which the Purchaser may suffer as a result of any defects associated with any of the Goods.
  8. Intellectual Property
    1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
    2. We will defend the intellectual property rights associated with the concept, design and manufacture of the Goods we supply as well as the associated branding and trademarks. In the case of Goods supplied to resellers and subsequently resold to Consumers:
      • You may not deface, modify, separate, add to or remove from, any aspect of the Goods;
      • You may not deface, modify, cover, add to or remove from, any branding; logos; text; labels or trademarks incorporated with the Goods;
      • You may copy, publish, distribute, transmit or display any images of the Goods, or our name, branding, logos or trademarks for the purpose of promoting or marketing the Goods to your Consumer;
      • Our rights to and ownership of any such images, or our name, branding, logos or trademarks must always be stated when used as in the above;
    3. You may not attempt to replicate or reverse engineer the Goods for any purposes whatsoever.
  1. Applicable Laws
    The law governing these Terms of Service, including without limitation its interpretation and all disputes arising out of these Terms of Service, is the law of the Republic of South Africa. the Seller and the Purchaser both submit to the exclusive jurisdiction of the South African Courts of Law in respect of any matter arising from or in connection with these Terms of Service.
  2. Breach of These Terms
    If any party (“Defaulting Party”) breaches any of these Terms of Service and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover any amounts that may be due to it in terms of this agreement; and any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
  3. General
    • You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms of Service to any third party.
    • Any failure on the part of the Purchaser or the Seller to enforce any right in terms hereof shall not constitute a waiver of that right.
    • If clause contained herein is declared invalid, the remaining Terms of Service will remain in full force and effect.
    • No variation, addition, deletion, or agreed cancellation of these Terms of Service will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    • No indulgence, extension of time, relaxation or latitude which any party (“the grantor“) may show grant or allow to the other (“the grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    • These Terms of Service contain the whole agreement between the Purchaser and the Seller and no other warranty or undertaking is valid, unless contained in this document between the parties.
  4. Changes to the Terms of Service
    the Seller reserves the right to update and/or amend the Terms of Service from time to time and without any notice, and the responsibility for checking for changes remains with the Purchaser. Any such change will only apply after the change is published in these Terms of Service. If the Purchaser orders the Goods from the Seller after such updated or amended Terms of Service have been published, the Purchaser will be deemed to have accepted such updates or amendments.

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