GENERAL

When accessing the Website ('Website'), you enter into a legally binding contract with Muyenda on the terms and conditions ('Terms') set out in this document. Muyenda is a company incorporated in the Republic of South Africa, and hereinafter referred to as 'we' or 'us' or 'our' as required by the context.
These Terms apply to all visitors to the Website, including members of the public or legal entities accessing the Website for information purposes; members of the public or legal entities submitting advertisements, comments, files, images, videos, sounds, business listings and/or information, and/or any other material or data ('Content'); web search engines; and data and/or information aggregators ('users' or 'you' or 'your').
We provide a collection of online resources which include Content, forums, and certain e-mail services (these resources are collectively referred to as 'Services') on the Website, and your access and/or use of the Website and the Services are subject to these Terms.
These Terms and the other policies posted on the Website (including the privacy policy (INSERT URL OF COMPANY'S WEBSITE PRIVACY POLICY) constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Services and the Website.
This understanding and agreement supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
The Terms and the relationship between us are governed by the laws of the Republic of South Africa.
You and we agree to submit to the personal and exclusive jurisdiction of the courts located in the Republic of South Africa. Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (because, for example, such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
For the purpose of complying with the Consumer Protection Act, 2008 (the “CPA”), certain portions of these Terms have been written in bold, so as to draw your attention to such provisions, as they:

limit in some way the risk of liability of Muyenda or any other person;
constitute an assumption of risk or liability by you;
impose an obligation on you to indemnify Muyenda or any other person;
constitutes an acknowledgment of a fact by you.

You are required to ensure that before using the Website or the Service, you had an adequate opportunity to read and understand the implications of the terms printed in bold.

By using the Service, you agree to these terms and it shall be deemed that you understand the implications thereof and that the terms were written in plain and understandable language that you understand.

We will not be bound by any “CPA Notice” paragraphs as these paragraphs only function as an explanation of the binding clauses directly above these paragraphs.

ACCEPTANCE

By accessing the Website and/or by using the Services (as amended and updated from time to time), you agree to be bound by these Terms. Should you object to any term or condition of these Terms, to any guideline or any subsequent changes thereto, or become dissatisfied with us, the Website, or the Services, please refrain from using the Website and/or the Services and contact us using the contact details provided in paragraph 16 below.
These Terms may be updated by us at any time and at our sole discretion.

DATA PROTECTION

We collect personal information from you. We will handle the collection, processing, and storage of your personal information in accordance with our privacy policy (INSERT URL OF COMPANY'S WEBSITE PRIVACY POLICY).
By disclosing or submitting your personal information to us, you consent to our collecting, processing, and storing it for the purposes described in our privacy policy (INSERT URL OF COMPANY'S WEBSITE PRIVACY POLICY).
ACCESSING (BROWSING) OUR WEBSITE AND USING OUR SERVICES
We offer the following service – The design and sale of hand-made furniture which can be viewed on our website; Made-to-order goods which are specifically made according to the customer’s specifications or made to fulfill a specific purpose; Pre-owned goods which have been reconstructed and reconditioned for resale purposes. The Website and the Content available through the Website may contain links to third-party websites ('Third-Party Websites') completely unrelated to us or our Services. If you link to Third-Party Websites, you may be subject to the terms and conditions and other policies of those Third-Party Websites. We do not endorse any Content displayed on any Third-Party Website. We do not permit copyright-infringing activities or infringement of intellectual property rights on the Website. We may, at our sole discretion, remove any infringing Content if properly notified that such Content infringes another's intellectual property rights.

AVAILABILITY

We will use our reasonable efforts to ensure the Service is available at all times. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of force majeure. We will use reasonable efforts to publish on the Website advance details of any foreseeable unavailability. Through the use of web services and APIs, the Service interoperates with a range of third-party services. We do not make any warranty or representation on the availability of those third-party services. Without limiting the previous sentence, if a third-party provider ceases to provide its service or ceases to make that service available on reasonable terms, we may cease to make available our Service to you. To avoid doubt, if we exercise our right to cease to provide our Service due to a third party not providing its service anymore or providing its service on reasonable terms, you will not be entitled to any refund, discount, or other compensation from us.

CPA notice:

The nature of this clause is a limitation of liability. The effect of this clause is that you will not be able to recover or claim any amount from Muyenda if Muyenda is no longer in the position to provide a service which was dependent on a third-party service provider providing a service.

REFUND AND RETURN POLICY

Goods are all classified as made to order through our shop as we do not hold stock and will not be refundable or exchangeable. Should Muyenda make an error regarding the specifications of the goods or if it’s found to be faulty, Muyenda will endeavor to rectify the fault.

PRICES, CALCULATIONS, SALES, FIGURES AND FINANCIAL INDICATORS

The process for purchasing any of the goods displayed on this website will be as follows: Users will select the goods on the website they wish to purchase; Upon selection, users will follow the Muyenda checkout steps to payment to complete any orders. Users will receive a confirmation message once a successful order is placed. Prices and calculations displayed on this Website are quoted in South African Rand (ZAR) inclusive of VAT (Value Added Taxation) and are valid and effective only in South Africa. Prices and calculations are subject to change and confirmation by Muyenda. Muyenda or its affiliates shall in no way be held responsible for any errors, omissions, or misstatements originating from information on this Website. Ownership of goods will transfer from Muyenda to the customer once payment has been received in full. Once payment is received in full, Muyenda will issue an invoice for the purchase. Delivery or collection will only be authorized once payment has been made in full. Customers who have completed payment in checkout have placed an order for goods that cannot be canceled. Important: Clearance Sale items are sold voetstoots and cannot be exchanged or returned.
Payments made by EFT (Electronic funds Transfer) before daily bank cutoff times require a 48-hour period to clear funds and allocate them to the orders.

RISK OF LOSS

Customers agree and accept the risk of loss and title will pass to them or their agents whenever goods are collected from the Muyenda premises. Should the customer request delivery of the goods, the risk of loss and title will pass to the customer upon delivery as evidenced by the signature of the person taking delivery on our copy of the invoice or a delivery note.

DELIVERY POLICY

Muyenda makes every effort to deliver goods within the estimated lead time when orders are placed. It does, from time to time, happen that an event outside of our control prevents delivery within the specified lead time. Muyenda will in these circumstances make every effort to expedite delayed lead times and ensure that the customer is updated on the progress of the delayed order. Muyenda will not be liable for any damages suffered by the customer as a result of delayed delivery.

Kindly take note of the following:
Deliveries will be made on business days from Mondays to Fridays during normal operating hours;
Deliveries are subject to the customer’s address being within the delivery zone of Muyenda;
Should a delivery need to be made outside of the designated delivery zone, a member of the Muyenda staff will contact the customer to advise on delivery fees and instructions;
Instructions for delivery: It is in the customer’s interest to decide on where the goods should be placed and clear the path of any breakables or obstructions to enable the delivery crew to deliver the goods. The delivery crew is not permitted to take any unwanted furniture or returns which have not been arranged for removal by the sales team; Muyenda will not be held liable for any missing items post-delivery or any breakages or damages in the course of unloading and placing the goods in the designated area; All pets must be secured in a safe location upon the delivery crew’s arrival; The delivery crew is only permitted to carry goods up to the first floor should no suitable lift be available, and provided that the stairway is wide enough to carry the goods without damage.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the materials on the Website, including the text, software, scripts, graphics, images, sounds, music, videos, interactive features and the like ('Materials'), and the trademarks, service marks, and logos contained therein ('Marks'), are owned by or licensed to us and are subject to copyright and other intellectual property rights. We reserve all rights not expressly granted herein to the Website and the Materials. You agree not to use, copy or distribute any of the Materials, otherwise than as expressly permitted herein, or to use, copy or distribute the Materials of third parties obtained through the Website, for any commercial purpose. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials or that enforce limitations on the use of the Website or Materials. The Services are protected to the maximum extent permitted by copyright laws, other laws, and international conventions or treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation pursuant to copyrights laws, other laws, and international conventions or treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof, to another server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Services, and agree to abide by all copyright notices and other notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services.

INDEMNITY

You agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees) arising from your use of and access to the Website and/or the Services; your violation of any term of these Terms; your violation of any third-party right, including, without limitation, any copyright, trademark, trade secret, or other property or privacy right; or any claim that your content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.

CPA notice:

The nature of these clauses is a legal indemnity. The effect of these clauses is that if a claim is instituted against Muyenda due to your use of the Website or Services, then you will pay Muyenda all amounts that we may be required to pay to satisfy the claims instituted against us as a result of your use of the Service.

LIMITATION AND TERMINATION OF SERVICES

You acknowledge and agree that we, in our sole and absolute discretion, have the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and to remove and discard any content within the Services, for any reason including our belief that you have violated these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Website or the Services. You also agree not to attempt to use the Services after such termination.

CPA notice:

The nature of these clauses constitutes an acknowledgment of fact by you and a limitation of liability of Muyenda. The effect of these clauses is that you will not be in a position at a later stage to deny that what is stated in the clauses and you will also not be in a position to institute any claim against Muyenda if we exercise our rights under these clauses.

DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that use of the Website and the Services is entirely at your own risk and that the Website and the Services are provided on an 'as is' or 'as available' basis, without any warranties of any kind. Pictures and prices/calculations and information of items on this Website have been set as accurate as possible. Variances and changes may occur at our discretion. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and the Services and your use thereof. We make no warranties or representations about the accuracy or completeness of the Website's content, the Services or the content of any Third-Party Website linked to the Website and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and the Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website or the Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website or the Services; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

CPA notice:

The nature of these clauses is a disclaimer of warranties. The effect of these clauses is that Muyenda is not responsible or liable for any harm, damage, or loss arising out of the use of the Website or Services and that if any harm, damage, or loss occurs as a result of the use of the Website or Services, then you cannot claim from Muyenda in any way.

LIMITATION OF LIABILITY

In no event will we, our officers, directors, employees, or agents be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if we have been advised of the possibility of such damages) resulting from any aspect of your use of the Website or the Services, including damages arising from the use or misuse of the Website or the Services, from the inability to use the Website or the Services, or from the interruption, suspension, modification, alteration, or termination of the Website or the Services. These limitations will apply to the fullest extent permitted by law.

CPA notice:

The nature of this clause is a limitation of liability of Muyenda. The effect of this clause is that even if you suffer a loss as a result of the use of the Service, you will not be in a position to institute a claim against Muyenda.

ASSIGNMENT

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment or transfer by you will be null and void.

ABILITY TO ACCEPT TERMS OF SERVICES

This Website is intended for adults only. You affirm that you are more than 18 years of age or an emancipated minor or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.

SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms will not in any way be affected or impaired.

SUCCESSORS AND ASSIGNS

These Terms will ensure to the benefit of and be binding upon each party's successors and assigns.

HOW TO CONTACT US

If you have questions about these Terms, please contact us at studio@muyenda.co.za.

REQUIRED INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, ACT NO. 25 of 2005

More information about us is provided below:
Full name: Muyenda
Main business address for receipt of legal service: (INSERT BUSINESS ADDRESS OF COMPANY).
Office-bearers: (INSERT NAMES OF DIRECTORS OF COMPANY).
Membership of any self-regulatory or accreditation bodies: None
The manner in and period within which you can access and maintain a full record of any payment transaction: NA
Webmaster: (INSERT THE NAME OF THE WEBMASTER).
Official website: (INSERT URL OF WEBSITE).
Email address: (INSERT EMAIL ADDRESS THAT USERS MUST USE TO CONTACT COMPANY).