TERMS & CONDITIONS
The use of www.morganrose.co.za
is subject to the conditions stated within this document.
For the avoidance of doubt any reference to “us” “we” or “our” in
these Terms refers to MORGANROSE and any reference to “you” or “your” refers to
the customer as a purchaser of the MORGANROSE products.
It is a condition of a user accessing and reading the www.morganrose.co.za
website (“the Website”) that MORGANROSE disclaims all warranties in respect of
the same whether express or implied in relation to the material published on
the Website. Your statutory rights as a consumer are not affected.
This page (together with our Privacy Policy, Returns Policy and
Delivery Policy) provides information about MORGANROSE and the legal terms and
conditions on which we sell any of the products listed on the Website.
These Terms will apply to any contract between us for the sale of
products to yourself. Please read these Terms carefully and make sure that you
understand them, before ordering any products from the Website. Before creating
an account on the Website you will be asked to agree to these Terms. If you
refuse to accept these Terms, you will not be able to order any products from
the Website.
We reserve the right to amend these Terms from time to time. Every
time you wish to place an order you should check these Terms to ensure you
understand the terms which will apply at that time.
Age of Consent
By placing an order on the Website, you declare that you are of
the appropriate legal age to purchase the items. If we discover that you are
not of legal age to order certain goods, we reserve the right to cancel your
order.
Contract Formation
All orders made by you through the Website are subject to
acceptance and availability. We may choose not to accept your order for any
reason.
Prices of products are correct at the time of entering
information, however, we reserve the right to change prices without prior
notice (although we will inform you if any such price change affects your
order).
Only when MORGANROSE accepts the Order by sending you a
confirmation email that your order has been dispatched will a contract have
been created between yourself and MORGANROSE.
Privacy
Our Privacy Policy explains how we collect, use and store your
personal information, including who we may share it with; how long we keep it;
the circumstances in which we, or others, may contact you (including sending
you advertising and marketing messages); and the rights you have in relation to
your personal information.
The Site may use cookie and tracking technology depending on the
features offered. Cookie and tracking technology are useful for gathering
information such as browser type and operating system, tracking the number of
visitors to the Site, and understanding how visitors use the Site. Cookies can
also help customize the Site for visitors. Personal information cannot be
collected via cookies and other tracking technology; however, if you previously
provided personally identifiable information, cookies may be tied to such
information. Aggregate cookie and tracking information may be shared with third
parties.
Fraud Prevention
MORGANROSE takes fraud very seriously and we do everything in our
power to prevent fraud from occurring. If false or inaccurate information is
provided and fraud is identified, details will be passed on to fraud prevention
agencies.
MORGANROSE reserves the right to block any IP deemed to be
suspicious, for whatever reason.
Copyright
All content on www.morganrose.co.za
and all related content published on the linked social media platforms and
advertising, not limited to text, designs and artwork, concept and software (if
these have been created by www.morganrose.co.za) are property of MORGANROSE and
its partners and suppliers and are therefore protected by South African and
International copyright laws. This content may not be copied, reproduced,
republished, downloaded, posted, broadcast or transmitted in any way except for
your own personal non-commercial use. You hereby agree not to adapt, alter or
create any derivative work from any of the material contained in this site.
If MORGANROSE makes use of any copyright material which does not
belong to the brand, the respective copyright will be noted.
Disclaimer
The contents of this site are provided “as is” without noted
warranty of any kind, either expressed or implied, including but not limited to
warranties of merchantability, fitness for a purpose and non-infringement.
We do not warrant that the functions contained in and the material
on the Website will be uninterrupted, or error or defect free, or that the Website
or the server that makes it available are free of viruses or bugs. Further MORGANROSE
does not represent the full functionality, accuracy, reliability of the
materials on the Website.
The owner of this site, the authors of these contents and in general
anybody connected to this site in any way, from now on collectively called
“Providers”, assume no responsibility for errors or omissions in these
contents.
The Providers further do not warrant, guarantee, or make any
representation regarding the safety, reliability, accuracy, correctness or
completeness of these contents. The Providers shall not be liable for any
direct, indirect, general, special, incidental or consequential damages
(including, without limitation, data loss, lost revenues and lost profit) which
may result from the inability to use or the correct or incorrect use, abuse, or
misuse of these contents, even if the Providers have been informed of the
possibilities of such damages. The Providers cannot assume any obligation or
responsibility.
Using the Website
You agree to use the Website only for lawful purposes, and in a
manner which does not infringe the rights of, or restrict or inhibit the use
and enjoyment of this site by any third party, such restriction or inhibition
includes, without limitation, conduct which is unlawful, or which may harass or
cause distress or inconvenience to any person and the transmission of obscene
or offensive content or disruption of normal flow of dialogue within the
Website.
Agreement of Sale
Placing a product in your Shopping Cart does not constitute an
order for that product and we cannot be held liable if the product is no longer
available, or if the price has changed by the time the checkout process is
completed. An agreement of sale comes into effect when either a credit card
authorisation is received from the issuing bank, or a bank transfer is
reflected on our bank statement. We reserve the right to cancel an order at any
point in time without giving any reasons. In this case, we shall be liable to
refund any monies already paid in respect of that order.
Price
While we endeavor to ensure that the prices displayed on the site
are accurate, it is possible that erroneous prices may be displayed from time
to time. In such cases, we shall not be obliged to sell the product at the
erroneous price.
Delivery
You accept that in order for us to prove delivery of an order or
part of an order, we do not have to prove that you personally received the
goods, but that any person at the delivery address specified on your order
signed for the delivery. In the case of post office collections, we need to
prove that somebody, not necessarily you, collected the delivery from the post
office.
Submitting reviews, forum messages and photographs to MORGANROSE
These Terms govern your conduct associated with the reviews and
ratings, forums and photographs submitted to the Website. To the extent of any
conflict between the MORGANROSE Privacy Policy and these Terms, these Terms
shall prevail in particular with respect to the submission of reviews and
ratings, forums and photographs submitted to the Website. By submitting any
content to the Website, you represent and warrant that:
You are the sole author of the intellectual property rights
thereto:
You further agree and warrant that you shall not submit any
content:
You agree to indemnify and hold MORGANROSE and its officers,
directors, agents, subsidiaries, joint ventures, employees and third-party
service providers, harmless from all claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown including reasonable
attorneys' fees, arising out of a breach of your representations and warranties
set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant MORGANROSE a perpetual, irrevocable,
royalty-free, transferable right and license to use, copy, modify, delete in
its entirety, adapt, publish, translate, create derivative works from and/or
sell and/or distribute such content and/or incorporate such content into any
form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at MORGANROSE’s sole
discretion. MORGANROSE reserves the right to change, condense or delete any
content on the Websites that MORGANROSE deems, in its sole discretion, to
violate the content guidelines or any other provision of these Terms. MORGANROSE
does not guarantee that you will have any recourse through the Website to edit
or delete any content you have submitted. Ratings and written comments are
generally posted within two to four business days. However, MORGANROSE reserves
the right to remove or to refuse to post any submission for any reason.
You acknowledge that you, not MORGANROSE, are responsible for the
contents of your submission. None of the content that you submit shall be
subject to any obligation of confidence on the part of MORGANROSE, its agents,
subsidiaries, affiliates, partners or third party service providers and their
respective directors, officers and employees.
By submitting your email address in connection with your rating
and review, you agree that MORGANROSE and its third party service providers may
use your email address to contact you about the status of your review and for
other administrative purposes.
Loyalty Points
MORGANROSE loyalty Points have no monetary value and cannot be
used for any purpose other than redeeming designated MORGANROSE products. At no
time will rewards be available to be refunded for their cash value.
We may from time to time adjust the Points in your account upwards
or downwards in respect to accounting errors, multiple accounts, refunds
issued, products returned or suspected fraud, for which we have full authority.
External websites
As a convenience for MORGANROSE customers, our website includes
links to other websites or material which are beyond our control. MORGANROSE is
not responsible for the content of external websites linked on the Websites.
Jurisdiction
This site is created, maintained and controlled in the Republic of
South Africa and as such the laws of the Republic of South Africa and the
jurisdiction of the South African Court govern this user agreement and the use
or inability to use this site.
MORGANROSE reserves the right to amend these terms and conditions
from time to time without notice.
Force Majeure
We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under a contract that is
caused by a force majeure event. A force majeure event which means any act or
event beyond our reasonable control such as, but not limited to, strikes or
industrial action by third parties (but not those caused by MORGANROSE’s own
employees), civil commotion, riot, invasion, terrorist attacks, war (whether
declared or not) or threat or preparation for war, fire, explosion, storm,
flood, earthquake, subsidence, epidemic, pandemic or other natural disaster
(“Event”).
If an Event takes place that affects the performance of our
obligations under a contract:
You may cancel a contract affected by an Event . To cancel please
contact our customer services team at hello@morganrose.co.za.
Additional terms
We may transfer our rights and obligations under a contract to
another organisation, but this will not affect your rights or our obligations
under these Terms.
You may only transfer your rights or your obligations under these
Terms to another person if MORGANROSE agrees in writing.
These Terms are agreed between you and us. No other person shall
have any rights to enforce any of its Terms.
Each of the clauses within these Terms operates separately. If any
court or relevant authority decides that any of the clauses are unlawful or
unenforceable, then the remaining paragraphs will remain in full force and
effect.
The failure or delay of MORGANROSE to exercise any right, power or
remedy provided under these Terms or otherwise available in respect hereof at
law or in equity shall not constitute a waiver by MORGANROSE of its right to
exercise any such or other right, power or remedy or to demand such compliance,
or you of your obligations under these Terms. In the event we do waive a default
we will do so in writing on a case-by-case basis.