Oh Goodie Goodies T&Cs

 

Please carefully read the following Terms and Conditions before using the ohgoodiegoodies.com website (“Website”).

 

Website

This website, accessed at www.ohgoodiegoodies.com, is owned and operated by Masterson Communications (Pty) Ltd (“Masterson Communications”).

By accessing the Website, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be updated from time to time, and apply to all transactions for the sale of goods on the site, including ordering processes, payment, delivery and any refunds in relation to such goods. Accordingly, you should check the date of the Terms and Conditions (which appears at the bottom of this document). If, at any time, you do not agree with the Terms and Conditions of this site, please do not make use of the Website.

Masterson Communications (including its owners, directors, employees, suppliers, internet service providers, partners, affiliates, agents and/or representatives) shall not be liable for any damage, loss or liability of any nature incurred by accessing this Website, including but not limited to loss or damage arising from content available on the Website.

Without derogating from the aforegoing, Masterson Communications hereby authorizes the user to view, share on social media, in print and email the content of this Website, provided that:

  • Such information is used for non-commercial purposes only; and
  • Any reproduction of the content of this Website, or portion thereof, must include the following credit: www.ohgoodiegoodies.com

Users that wish to use content from this site for commercial purposes may only do so with prior written permission of Chief Executive Officer of Masterson Communications.

While Oh Goodie Goodies does take all necessary steps to ensure the accuracy of the content and information on this site, Masterson Communications does not make any warranties or representations that such content and information shall in all cases be true, correct or free from any errors.

You agree to not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. You also agree to not in any way use any robot, spider, other automatic device or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent of an authorized representative of Oh Goodie Goodies (such consent is deemed given for standard search engine technology employed by Internet search websites to direct online users to this Website).

You may not use this Website to distribute material which is offensive, defamatory, contains or amounts to hate speech or the incitement of violence or is otherwise unlawful.

Masterson Communications reserves the right to hold Users liable for any losses suffered by Masterson Communications arising out of Users’ misuse of this site or the commission of cybercrime committed by the Users on or in relation to this Website.

These terms apply to Users who are consumers as described in the Consumer Protection Act 68 of 2008 of South Africa (“CPA”). In the terms of the CPA, certain provisions in these Terms and Conditions appear in bold font, to draw your attention to important provisions that must be noted by the User and that:

  • May limit Masterson Communications’ risk or liability; and/or
  • Impose an obligation on the User to indemnify Masterson Communications for any other person for any reason; and/or
  • Constitutes and acknowledgement of any fact by the User.

Transactions

You may transact on this Website as a guest, where you will not be required to register prior to making any online purchases.

By using the Website, you warrant that you are 18 years of age or older and/or have full legal capacity to transact. If you are under the age of 18, or if you are not legally permitted to enter into a binding agreement, then you may use the Website only under supervision, and with the consent of your legal guardian.

The legal guardian of any person(s) using this site under supervision gives his/her consent and agrees to be bound to these Terms and Conditions and to be liable and responsible for all User obligations under these Terms and Conditions.

All goods displayed on the site are subject to availability. If goods ordered by the user are not available, we will let you know as soon as possible.

We have made every effort to accurately display the goods on the site with regard to their description, color, size and price. The colors you see, however, will depend on the device which you are using to access the site and we cannot guarantee that the goods, when received, will be the exact same color as that showcased on ohgoodiegoodies.com

By placing an order with us, you will be deemed to have read, understood and agreed to these Terms and Conditions. 

By placing an order via this website, you are making an offer to Oh Goodie Goodies to purchase the goods detailed in your order upon the terms described in your order.

We reserve the right at any time to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion to limit the quantity of items purchased to prohibit sales to retailers. 

In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or payment has been made. If you have already made payment for the purchase and your order is canceled, we will issue a refund for the amount you have spent.

We cannot be held responsible for security breaches occurring on the user’s electronic device (Personal Computer or other electronic device used to browse the site), which may result due to the lack of adequate virus protection software or spyware that the user may inadvertently have installed on his/her device.

Note that your credit card details are not stored on this Website or by Masterson Communications.

Privacy

The private information required for executing the orders placed through the site, namely the user’s personal information and delivery address, will be kept in the strictest confidence by the site and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number, will be made known to third parties delivering the product.

The user may visit the site without providing any personal information. The site servers will in such instances collect the IP address of the user computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the site, pages viewed, etc. The provider uses this information to determine use of the Website, and to improve content thereon. The provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded here.

Copyright

All content on this site, such as texts, graphics, logos, icons, images, audio clips and video is the property of Masterson Communications (Pty) Ltd and ohgoodiegoodies.com, or its content suppliers, and is protected by South African and international copyright laws. The compilation (collection, arrangement and assembly) of all content on the site is the exclusive property of Masterson Communications (Pty) Ltd and ohgoodiegoodies.com and is protected by South African and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance of the content of the site is strictly prohibited.

Trademarks

All trademarks, logos, service marks and trade names are proprietary to Masterson Communications (Pty) Ltd and ohgoodiegoodies.com, or other respective owners that have granted the site the right and license to use such intellectual property.

Disclaimer

The information, services, products offered for sale and materials contained in and/or advertised on the site, including, without limitation, text, graphics and linked, are provided on an “as is” basis with no warranty.  To the maximum extent permitted by law, Masterson Communications (Pty) Ltd and ohgoodiegoodies.com and its suppliers disclaim all representations and warranties, express or implied, with respect to such information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, Masterson Communications (Pty) Ltd and ohgoodiegoodies.com and its suppliers do not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Information

Products displayed on the site are available at ohgoodiegoodies.com while supplies last. The prices displayed on the site are quoted in U.S. dollars. Payment is made via PayPal in U.S. dollars.

All prices, pictures and descriptions on this site are subject to change. We maintain no responsibility for inadvertent errors. When you place your order with us, you agree to the price and terms indicated on our website. Price differences related to future or past prices in our store or any other store’s prices are not refundable.

The particular technical specifications and settings of your computer or device and its display could affect the accuracy of its display of the colors of products offered on the site.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of goods on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, except – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Limitation on Liability

In no event shall Masterson Communications (Pty) Ltd or ohgoodiegoodies.com or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if Masterson Communications (Pty) Ltd and ohgoodiegoodies.com have been previously advised of the possibility of such damages, whether in an action, under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from the site. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Limits of Responsibility

We accept no responsibility for user initiated damage and/or loss of parts incurred during operation or use.

Choice of Law

This site is controlled, operated and administered by Masterson Communications (Pty) Ltd from its offices within the Republic of South Africa. The user may not use this website in violation of South African export laws and regulations. If the user accesses this website from locations outside of South Africa, that user is responsible for compliance with all local laws. 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 Cape Town High Court in the event of any dispute. 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. These Terms and Conditions constitute the entire agreement between the provider and the user with regard to the use of the content and this website.

Changes and Amendments

Masterson Communications reserves the right, at its sole and absolute discretion, to do any of the following, at any time without prior notice:

  • Amend these Terms and Conditions.
  • Amend the content available on the Website.
  • Discontinue any particular aspect of the Website.
  • Close or upgrade the Website.

Disclosures required by Section 43 of the Electronic Communications and Transactions Act No.25 of 2002

The full name and legal status of the website owner is:

Masterson Communications (Pty) Ltd

Registration Number 2016/395607/07

The full address of the website owner is detailed as:

214 Golden Mile

Britannia Bay

St Helena Bay 7390

 

PO Box 162

St Helena Bay 7390

 

The website address of this website is www.ohgoodiegoodies.com

The Directors of Masterson Communications are: MM Scharffenorth, M Masterson, HE Scharffenorth.

The registered address for Masterson Communications (Pty) Ltd is 214 Golden Mile, Britannia Bay, St Helena Bay 7390.

Physical address for receipt of legal service: 214 Golden Mile, Britannia Bay, St Helena Bay 7390.

Main business: The main function of this Website is to provide information about Oh Goodie Goodies and its products, and it provides a facility for Users to purchase merchandise goods via the Website.

Last modified: March 20, 2019

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