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  1. Introduction
    1. This website can be accessed at www.usandmecreations.online, related mobile-sites and software applications (the “Website”) and is owned and operated by Us & Me Creations (“Us & Me Creations”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods and Services, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”).  By using the Website and by selecting that you are agreeing to our Terms & Conditions check box on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for an extensive range of goods and services excluding any food or beverage items(“Goods, Services”).
    5. When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for returns collections, is a delivery address within the borders of the Republic of South Africa.
    6. Us & Me Creations allows third-party sellers to list and sell their Goods and or Services on the Website (each a “Third Party Seller”). Us & Me Creations will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from third-party Sellers, and others only apply to purchases from Us & Me Creations. This will be made clear in the relevant clause.
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Us & Me Creations or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Us & Me Creations or a third party; and/or
      4. serves as an acknowledgment, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Us & Me Creations to explain it to you before you accept the Terms and Conditions or continue using the Website.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either you or Us & Me Creations in terms of the CPA.
    6. Us & Me Creations permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

    7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

    8. You may not use the Website to distribute material that is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  3. Returns
    1. Returns Policy to be advised on placement of an order. 
  4. Conclusion of sales and availability of stock
    1. Us & Me Creations or the Third Party Seller may accept or reject. Whether or not Us & Me Creations or the Third Party Seller accepts an order depends on the availability of Goods and or Services, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Us & Me Creations for the Goods and or Services.
    2. NOTE: Us & Me Creations or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Us & Me Creations or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Us & Me Creations stating that your order or payment has been confirmed. Takealot will indicate the rejection of your order (by Us & Me Creations itself or the Third Party Seller) by canceling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Prior to delivery or your collection of the Goods or Services, you may cancel an order via email within a minimum of two business working days once your order is placed and any monies received will be refunded. Should you cancel after the two business working days you will be entitled to pay a 14% handling fee on the total cost of your order, which will be deducted from your refund.
    4. Placing Goods in the shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Us & Me Creations or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Us & Me Creations, Us & Me Creations will make all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, the offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Us & Me Creations will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
    6. In the case of Goods for sale by a Third Party Seller, Us & Me Creations relies on inventory information supplied by the relevant Third Party Seller and Us & Me Creations accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are sold out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
    7. Certain Goods such as our hand-made items may not be purchased for resale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
  5. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Whether the Goods are for sale by Us & Me Creations
    3.  or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
      1. Payfast online payment method, which is secure to use all costs to use Payfast has been worked into the cost of Goods sold.
      2. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Us & Me Creations will not accept your order if payment has not been received;
    4. We will send you email communications about your order and payment.
    5. Once you have selected your payment method (using Payfast or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  6. Delivery of goods
    1. Us & Me Creations offers 2 (two) methods of delivery of Goods to you. You may select delivery via:
      1. courier; or
      2. self-collection.
    2. Where it accepts your order, Us & Me Creations or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification select whether or not to cancel your order for the Goods. If you select to cancel your order, we will reimburse you for the purchase price.
    3. Us & Me Creations obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Us & Me Creations is not responsible for any loss or unauthorised use of a product after it has delivered the product to the physical address nominated by you.
  7. Errors
    1. We shall take all reasonable efforts to accurately reflect the description, availability or lead times, purchase price, and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim, or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid.
    2. Us & Me Creations shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
  8. Third-Party Sellers
    1. Us & Me Creations will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases, Us & Me Creations only provides the platform to facilitate transactions between Third Party Sellers and Us & Me Creations customers. Us & Me Creations is neither the buyer nor the seller of these Goods unless otherwise specified.
    2. Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
  9. Privacy policy
    1. We respect your privacy and will take all reasonable measures to protect it.
  10. Changes to these Terms and Conditions
    1. Us & Me Creations may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use the Website.
    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  11. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst Us & Me Creations takes reasonable measures to ensure that the content of the Website is accurate and complete, Us & Me Creations makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Us & Me Creations representatives, Us & Me Creations shall not be bound thereby.
    3. Us & Me Creations disclaims liability for any damage, loss or expenses, whether direct, indirect, or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of Us & Me Creations.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Us & Me Creations also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials, or any other data or code which can corrupt, compromise, jeopardise, disrupt, disable, harm, or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Us & Me Creations.  Us & Me Creations thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  12. Linking to third-party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) that are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Takealot is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Even though the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  13. Complaints 
    1. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via Email: info@usandmecreations.online, and will try to the best of our capabilites to resolve your complaint with 15 (fifteen) business days of you having notified us of it.
  14. Information
    1. For the purposes of the ECT Act, Us & Me Creations information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. Full name: Us & Me Creations and Online Store
      2. Main business: Online retailer
      3. Physical address for receipt of legal service (also postal and street address): Benoni, Johannesburg, Gauteng
      4. Phone number: +27 67 352 0649
      5. Email address: info@usandmecreations.online