Simply Vets (Pty) Ltd

(Reg: 2012/047159/07)

(a company registered in South Africa whose registered office is at 61 Main Road, Sedgefield, Western Cape, 6573, South Africa).

It may be beneficial for you to read the Legal Notice & associated Terms, Policies and Notices before using the “Simply Pets”, “Simply Natural”, “Simply Vets”, and “Simply Brands” website(s), sending e-mails to Simply Pets, Simply Natural, Simply Brands, Simply Vets (“Simply Vets and Pets”) or submitting articles, polls or interacting in any way.

TERMS OF USE AND LEGAL RESTRICTIONS ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS.

Terms of Sale

THIS SALE OF GOODS AGREEMENT (“AGREEMENT”) GOVERNS YOUR PURCHASE AND USE OF THE PRODUCTS. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING TO ACCEPT IT OR BY PURCHASING THE PRODUCTS, YOU AGREE TO THE TERMS OF SALE IN THIS AGREEMENT. IF YOU ARE UNDER THE AGE OF 18, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY TO THESE TERMS. IN THIS AGREEMENT YOU AS THE CUSTOMER ARE REFERRED TO AS “YOU” OR “CUSTOMER.”

1. Introduction

  • 1.1. This agreement governs your purchase and use of the Products.
  • 1.2. If you are under 18 (eighteen) years of age, you are required to ensure that your legal guardian has reviewed and agreed to this agreement.
  • 1.3. If you are entering into this agreement on behalf of a legal entity, you represent that you have the authority to bind such entity to the terms of this agreement.

2. Definitions

  • 2.1. “Account” means the method of payment provided for the payment of Fees by you, being Supplier’s: bank account for EFT purposes; Paypal account; payment gateway account (Zapper or Snapscan); card merchant facility (Yoco, PayFast or Paygate); or such other method that Supplier accepts for payment purposes.
  • 2.2. “Agreement” means this Agreement for the sale of Products by Supplier to you, as read with the Order Form.
  • 2.3. “You” means the person purchasing the Products, and includes your heirs and successors in title.
  • 2.4. “Custom Order” means an order for Products that are commissioned, modified, personalised, customised or manufactured, in accordance with your specific requirements.
  • 2.5. “Commencement date” means the date you order Products from Supplier by submitting your completed online Order Form.
  • 2.6. “Confidential information” means all personal and business information disclosed by either party to the other party, being information that is confidential, relates to that party’s business or personal affairs, or is not generally available to the public. Confidential Information will not include any information that
  • (i) is or becomes generally known to the public without breach of any obligation herein,
  • (ii) was known to the receiving party prior to disclosure,
  • (iii) is received from a third party without breach of any obligation, or
  • (iv) is legally required to be disclosed.
  • 2.7. “Delivery Address” means the address at which you will accept delivery of the Products, being the address specified as such in the online Order Form.
  • 2.8. “Fees” means the purchase price, fees and charges payable by you to Supplier for the purchase and, where applicable, the delivery of the Products.
  • 2.9. “Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
  • 2.10. “Personal page / s” means any web-pages on the Website containing your personal, subscription or order information.
  • 2.11. “Order Form” means the online form completed and submitted by you to purchase the Products. This form will specify, amongst other things, the Products purchased, any Custom Order specifications, your delivery address and your details.
  • 2.12. “Supplier” means Simply Vets (Pty) Ltd.
  • 2.13. “Products” means the Products sold by Supplier and purchased by you as identified in the online Order Form, and as marketed and described on the Website, including any applicable offline components.
  • 2.14. “Website / s” means simplypets.co.za, simplynatural.co.za, simplyvets.co.za, simplybrands.co.za, simplynatural.co.za and may include such other Website / s owned, managed and / or administered by Supplier, and further includes, as applicable, any associated mobile applications and / or social media platforms developed, managed and / or administered by Supplier in association with the Website / s.
  • 2.15. Reference to the singular includes the plural, reference to natural persons includes legal persons, and reference to gender includes the other gender.
  • 2.16. Any rule of construction that an agreement is interpreted against the party responsible for the drafting will not apply.

3. Commencement and Cancellation

  • 3.1. This agreement will commence on the Commencement Date and will apply to the sale and delivery of all Products purchased by you from Supplier, regardless whether the Products are specified on the online Order Form. This agreement may be amended and updated by Supplier from time to time, and thus it is your responsibility to review these terms and conditions with the completion of each online Order Form for any changes that may have been made.
  • 3.2. If you cancel any order for Products, you will be pay a cancellation penalty amounting to:
  • 3.2.1. 10 % in respect of any Products that are Custom Orders if the manufacturing and / or modification process has already started as at the date of Supplier’s receipt of the cancellation;
  • 3.2.2. 10 % in respect of any Products that have already been delivered, and / or handed over to a courier or delivery agent for the purpose of effecting delivery;
  • 3.2.3. 0 % in respect of any all other Products if cancellation is received less than 24 (twenty-four) hours before the scheduled delivery and / or scheduled hand-over to the courier or delivery agent;
  • 3.2.4. 0 % in respect of all other Products if cancellation is received more than 24 (twenty-four) hours before the scheduled delivery and / or scheduled hand-over to the courier or delivery agent.

4. Fees and Charges

  • 4.1. The purchase price and other Fees payable by you for the purchase of the Products will be in terms of the pricing schedule reflected on the Website at the date and time of your completion of the online Order Form. This is regardless of any differing prices quoted in any catalogue, price lists, adverts, or other marketing channels, as these prices are subject to both expiry and amendment without notice. For any Products sold that are not specified on the Website, the standard pricing charged by Supplier will apply.
  • 4.2. Fees are payable in full on submission of the online Order Form, without deduction or set-off.
  • 4.3. If any additional fees or charges become payable for whatever reason, these fees will be payable immediately on demand.
  • 4.4. If Supplier agrees to deliver the Products to a Delivery Address that is not Supplier’s distribution depot, delivery charges will be payable by you in accordance with Supplier’s standard delivery fees.
  • 4.5. Supplier will provide the Account to which all Fees will be paid. You agree to pay the Fees to the Account by bank transfer (EFT or BACS), using a debit or credit card (online merchant facilities), or using such other payment method that may be accepted by Supplier. Offline EFT payments must be made within 12 (twelve) hours after the submission of the online Order Form. Supplier will be entitled to obtain validation of your payment before delivering the Products.
  • 4.6. You warrant that the account holder authorises and consents to: the payment of the Fees; and Supplier’s deduction of all Fees due by you to Supplier.
  • 4.7. Any discounts offered or agreed to by Supplier on any Products or related to any order / s for Products will not amend Supplier’s price list nor establish any precedent, and will only be enforceable if agreed to by Supplier in writing. Discounts will be at Supplier’s sole discretion and treated on an ad hoc basis. Should Supplier apply a general discount, offer a bulk discount, or make Products available on a discounted sale price, such discount or sale price will be entirely at Supplier’s sole discretion, will be subject to the terms and conditions specified by Supplier, will apply only in respect of the Products identified by Supplier, and will expire: when withdrawn by Supplier at its discretion; when stock runs out; or on the expiry date determined by Supplier, whichever is the earlier date. Any discounts offered or awarded will not apply to delivery fees.
  • 4.8. Any vouchers, coupons or discount codes issued or accepted by Supplier will be subject to expiry as specified on the voucher, coupon or discount code. If no expiry date is recorded, then the expiry date will be deemed to be 12 (twelve) months after the date that the voucher, coupon or discount code was issued. Only one voucher, coupon or discount code may be used per purchase, and no change or credit will be given should the amount of the voucher, coupon or discount be more than the purchase price.
  • 4.9. Any outstanding amounts, being due and payable by you, will attract a penalty of 2% per month, compounded monthly.
  • 4.10. If Supplier takes action against you for the payment of any amount owed to Supplier which, despite demand, remains unpaid, you will be liable for all collection costs, commissions and charges incurred on an attorney and client basis.

5. Process and Delivery

Purchase orders

  • 5.1. All orders for Products must be placed using the online Order Form through the Website, and will be subject to acceptance by Supplier. It is your responsibility to ensure that the correct order details are entered into the online Order Form. You must, using the online Order Form, specify with certainty: exactly which Product / s are being ordered; the quantity of each Product ordered; any special requirements; and the billing and delivery information. Supplier will not be liable for any damages suffered, or for any delays, claims or losses, due to any inaccurate, insufficient, ambiguous, incorrect, or conflicting information submitted by you in the order. If you subsequently realise that you have made an error on the online Order Form, you must notify Supplier without delay. Supplier does not, however, guarantee that it will be able to amend the online Order Form in accordance with your requirements.
  • 5.2. If Supplier reasonably believes that the online Order Form was submitted fraudulently, or if payment was made fraudulently or using a fraudulent card or account, Supplier will be entitled to cancel the order immediately and without notice.
  • 5.3. Supplier does not guarantee that all the requirements in your order will be met. Where any portion of the order cannot be met and / or requires variation for whatever reason, Supplier will contact you to discuss any variations to the order and / or any refund due.
  • 5.4. The Products will be ordered in accordance with the description and features described on the Website, which may be revised, upgraded, added to, or otherwise amended on agreement by Supplier from time to time.
  • 5.5. Supplier will have the right to cancel, reduce, refuse, suspend, or delay delivery of any order placed if you fail to make any payment due to Supplier, including non-payment of previous orders.
  • 5.6. Fulfillment of orders will be subject to availability of the Products. Supplier makes no guarantee that all Products ordered will be immediately available for delivery, or available at all. Supplier will refund you for any payment made for the purchase of Products that Supplier is unable to deliver.
  • 5.7. Each order for Products will be a separate and independent transaction and you are required to make payment accordingly. You will not be entitled to set-off any refund or credit due or allegedly due by Supplier against any purchase order without Supplier’s prior agreement.
  • 5.8. Where there is an unintended problem with the Website, including due to hacking, virus, system glitch or IT fault, programming error, Supplier will not be bound to honour any orders placed while the problem persists, and may, in Supplier’s discretion, cancel the order and refund any payment made.

Delivery

  • 5.9. The Products are only available for delivery in Gauteng and Surrounds, as defined through the Supplier’s delivery zones, available online.
  • 5.10. Supplier will deliver the Products to the Delivery Address, and delivery to this address will be considered valid delivery. All risk in and to the Products will pass to you upon delivery to the Delivery Address. You will be responsible for ensuring that the complete and correct Delivery Address is stated in the online Order Form, including the postal code, suburb name and using the correct spelling. You will pay for any additional costs, and will bear any losses or damages incurred, due to delays, non-delivery, or loss of Products as a result of delivering or attempting to deliver to a Delivery Address where the details provided are incomplete, incorrect, or ambiguous. You will ensure that the correct Delivery Address is fully and completely supplied with the submission of each online Order Form.
  • 5.11. Where the Delivery Address is Supplier’s distribution depot, Supplier will notify you when the Products are available for your collection from the distribution depot. If you fail to collect the Products within 60 (sixty) days of delivery to Supplier’s distribution depot (where this is the appointed Delivery Address), Supplier will consider the Products to be returned in terms of Supplier’s returns policy.
  • 5.12. Where the Delivery Address is a postal or physical address, delivery may be on a counter-to-counter or counter-to-door basis, and an additional delivery charge will be levied. The delivery charge is payable before delivery of the Products.
  • 5.13. If you supply a postal address as the Delivery Address you undertake to collect the Products from the postal service without delay. If you refuse delivery or fail to collect the Products within the time frame specified by the postal service, the Products will be returned to Supplier and dealt with in terms of Supplier’s returns policy. If the Products are returned due to non-collection and you subsequently request delivery, Supplier will attempt a re-delivery after you have paid for any additional delivery costs incurred.
  • 5.14. If you supply a physical address as the Delivery Address, you warrant that any person present at the Delivery Address at the time of delivery is authorised to receive the Products. You accordingly agree that delivery to any competent person at the Delivery Address will be valid delivery at which point all risk in the Products will pass to you. If there is no competent person present at the Delivery Address on the first delivery attempt, the courier service will leave a calling card requesting you to contact them to make suitable arrangements for delivery. If you do not contact them, or if a second delivery attempt fails, the Products will be returned to Supplier and dealt with in terms of Supplier’s returns policy. If you subsequently request delivery, Supplier will attempt a re-delivery after you have paid for any additional delivery costs incurred.
  • 5.15. Supplier will endeavour to deliver the Products within the time period displayed on the Website, and will keep you updated on the anticipated delivery date, including any delays in delivery. You acknowledge that delivery times are only estimates, time is not of the essence, delivery may be delayed for reasons outside of Supplier’s control, and delays will not be sufficient reason to cancel the order. You understand that many variables may be involved in the supply and delivery of the Products including, without limitation, labour constraints, service interruptions, third party obligations and default, shortage of materials, shortage of resources, importation and transportation issues, outbreak of war, terrorist activities, natural disasters, pandemics, and other issues outside of Supplier’s reasonable control. Accordingly, Supplier will not be liable for any damages or penalties due to any delays in delivery or failure to give notice of delay for any reason. You understand that if Supplier needs to place an order on international suppliers to supply the Products, delivery may take longer than anticipated.
  • 5.16. Delays in delivery will not entitle you to cancel any order, except where delivery is delayed for longer than 10 working days after the initial anticipated delivery date notified by Supplier for reasons that are within Supplier’s reasonable control.
  • 5.17. On delivery, you will be required to receive the Products and sign acceptance of the delivery. You are required to inspect the Products for any obvious defects or damage before signing. Delivery to the Delivery Address constitutes valid delivery, and your failure to collect, receive, or accept the Products will not cancel this Agreement.
  • 5.18. After inspecting the Products during the delivery process, if there transpires to be a problem with the order, such as incorrect Products, incorrect quantity, damages or breakages, then you must note the problem on the delivery note, and must also notify Supplier by email at deliveries@simplypets.co.za within 24 hours of the delivery. You must ensure that all details of the problems are included in the email. Supplier will resolve the problem as soon as reasonably possible, including, as applicable, delivering the correct or additional Products to the Delivery Address.
  • 5.19. You may request Supplier to change the Delivery Address after submitting the online Order Form but before delivery, but Supplier cannot guarantee that the change will be effected, and you remain responsible for collecting the Products from the Delivery Address stated in the Order Form.
  • 5.20. If Supplier is unable to fulfill the order, for any reason and in Supplier’s discretion, Supplier will notify you of the cancellation and refund any Fees paid. Alternatively, Supplier may offer an alternative Product or a credit voucher, but you are not obliged to accept an alternative Product or credit voucher and may elect to receive a refund.
Ownership in the Products
  • 5.21. Supplier will own the Products until all Fees due by you have been paid, despite delivery.
  • 5.22. You will not remove, change, add to or disguise any names, logos, trademarks, safety warnings, or other information on or attached to the Products.
6. Returns and Defects
  • 6.1. You must ensure that the correct Product specifications are recorded in the online Order Form, such as model, quantity, sizing, colours, finishes, materials, accessories, and other relevant specifications. Supplier’s sole responsibility is to deliver Products that reasonably match these specifications. Supplier is not liable if the specifications provided by you are incorrect, incomplete, or inadequate in any way. You understand that there may be minor variations due to, as applicable, use of natural materials, colour batches, immaterial adjustments to fabrics, materials or designs, or variations to expectations caused by your screen or device settings.
  • 6.2. Where you have not had the opportunity to examine the Products or identical samples before placing the order, you may only return or exchange non-perishable Products within 7 days after delivery. No other Products may be exchanged or returned without Supplier’s consent.
  • 6.3. If Supplier accepts any non-perishable Products for refund or exchange, the Products must be returned unused, with all labels attached, in their original packaging, and in a saleable condition. Returns made later than 7 days after the date of delivery will attract a handling fee amounting to 2 % ( two percent) of the retail value of the Products. Notwithstanding this clause, no request for the return of non-perishable Products will be considered more than 30 days after the date of their delivery. Delivery fees are not refundable and you will be required to return the non-perishable Products to Supplier at your own cost.
  • 6.4. No refund, repair, or replacement of any Products will be accepted if the Products:
  • 6.4.1. comprise of periodicals, newspapers, comic books, or magazines;
  • 6.4.2. constitute a Custom Order;
  • 6.4.3. comprise perishable goods (such as food, plants, or flowers);
  • 6.4.4. were advertised by Supplier as sales items, reduced to clear, seconds, damaged stock, special offers, used, or where the nature of the defect was disclosed before completion of the online Order Form;
  • 6.4.5. comprise audio-visual or other copyrighted content or computer software (such as DVDs);
  • 6.4.6. comprise of Products that cannot be returned for health and safety reasons (such as underwear or piercing rings);
  • 6.4.7. comprise of Products that by their nature cannot reasonably be accepted for return; and / or;
  • 6.4.8. constitute Products that cannot be returned by law (such as pharmaceuticals).
  • 6.5. Any defective Products must be returned as soon as possible after you become aware of the defect, but no later than 6 (six) months after date of delivery of the Products to you. Supplier will determine if the Product is defective and the cause of the defect, acting reasonably in making that determination. Only Products that were defective as at time of delivery, including defects that may only become apparent under normal operation of the Product in accordance with manufacturer guidelines, will be considered for repair, exchange, or refund. Defective Products returned later than 7 days after delivery may be subject to a 2 % ( two percent) handling fee. Where it transpires that the defect was caused by: you, user or third party action or negligence; pets, pests or other animals; using the Product otherwise than in accordance with manufacturer’s guidelines or in the manner in which it was intended; incorrect storage or care of the Product; accident; an act of God; normal wear and tear; abnormal use; or any other cause unrelated to Supplier or the manufacturer, the defective Product will not be accepted for return by Supplier. Costs of returning the defective Product to Supplier, calculated on Supplier’s standard returns rate, will be reimbursed to you if it transpires that the Products were defective at time of delivery. If Supplier rejects the return, the Products will be returned to you after you pay for the delivery fees.
  • 6.6. Any non-perishable Products that are returned to Supplier for any reason must be addressed to as per Section 13. You must ensure that all non-perishable Products being returned to Supplier are properly packaged. Delivery of returned non-perishable Products to Suppler is at your risk, and you will be liable for any loss or damage to Products during the delivery process.
  • 6.7. You must ensure that the non-perishable Products are operated, stored, maintained, serviced, used, and cared for in accordance with the manufacturer’s instructions. Damages resulting from a failure to do so will be borne by you.
  • 6.8. Any refunds authorised by Supplier will be made in accordance with your original payment method, at the actual Rand value paid, and less delivery fees.
7. Supplier obligations
  • 7.1. Supplier may from time to time offer you improvements, upgrades, accessories, or additions to the Products that may generally be introduced by Supplier. But Supplier is not obliged to: make improvements or additions freely available; replace Products already purchased by you; or change any combinations of the Products to satisfy your requirements.
  • 7.2. Supplier reserves the right to modify, improve, or add to the Products or to discontinue supplying the Products or any Product line or part thereof at any time.
  • 7.3. Supplier will use commercially reasonable efforts to deliver the Products in accordance with your requirements specified in the online Order Form.
  • 7.4. Supplier will perform its services and discharge its obligations conscientiously and in accordance with reasonable requirements and industry standards.
  • 7.5. Subject to Supplier’s Privacy Policy, Supplier will keep confidential all confidential information disclosed by you.
  • 7.6. Supplier will keep a full record of your order for the duration prescribed by law. Supplier will, on written request received within 12 (twelve) months following the Commencement Date, provide you with a copy of your order details.
8. Customer Obligations
  • 8.1. You will ensure the correctness of the information in the online Order Form, and will bear all risk if you provide erroneous, incomplete, or ambiguous information.
  • 8.2. If there are any complaints, you agree to describe your cause of complaint accurately and in detail, including any evidence you may have, so that Supplier can investigate and, where possible, remedy and resolve the incident, issue or complaint.
  • 8.3. You undertake not to:
  • (i) access or use the Website to store or transmit Malicious Code or attempt to do so,
  • (ii) interfere with or disrupt the integrity or performance of the Website or attempt to do so,
  • (iii) gain or attempt to gain unauthorised access to any part of the Website or its related systems or networks,
  • (iv) use any comment box on the Website to post content or initiate communication that is false, unlawful, abusive, discriminatory, inflammatory, or otherwise objectionable, or for any illegal purpose of whatsoever nature, or to upload or otherwise make available any content that you do not have the legal or contractual right to disclose, or otherwise infringes upon any third person’s legal rights, or to upload or otherwise make available or transmit any unsolicited or unauthorized advertising or promotional material,
  • (v) falsely state, impersonate, or otherwise misrepresent any person’s identity or personal particulars.
  • 8.4. You undertake not to:
  • (i) create derivate works based on the Website,
  • (ii) copy, frame or mirror any part or content of the Website, other than copying or framing for your own personal and not-for-profit purposes, or;
  • (iii) access the Website in order to build a competitive product or service, or copy any features, functions or graphics of the Products.
  • 8.5. You warrant that you are not under the age of 16, and further that your guardian has given consent to the order if you are under the age of 18.
  • 8.6. You confirm that if your purchase of the Products is conditional upon the delivery of any future advantages or benefits, or is based on any representations or promises regarding the Product, then you will include this information in the online Order Form.
9. Warranties, Exclusions and Indemnities
  • 9.1. Supplier warrants that the Products will be of a satisfactory quality and will meet the Product specifications as advertised on the Website.
  • 9.2. It is your responsibility to ensure that the Products are suitable for your requirements and that they meet your individual needs.
  • 9.3. Custom Orders will be provided according to the written specifications in the online Order Form, as accepted and agreed to by Supplier, and Supplier does not warrant that they will meet your specific usage requirements. You accept all risk in Custom Orders.
  • 9.4. You understand that all photographs on the Website are provided for illustrative purposes only, and that the Products, models, designs, colours, finishes, and / or accessories displayed will not necessarily be available for purchase. Sizes, colours, and materials featured on the Website are illustrative, may be distorted by screen or device settings, and may not exactly match the Products delivered.
  • 9.5. Supplier will use all reasonable endeavours to ensure that the Website remains live, that downtime is limited, and that virus protection, firewalls, and security protection is implemented and updated at a minimum according to industry standards. Supplier will use commercially reasonable efforts to protect the security, confidentiality, and integrity of all Confidential Information submitted to Supplier and / or via the Website. However, Supplier does not warrant any of this, nor will Supplier be liable for any downtime, system errors, Malicious Code, hacking, or third-party damage that may arise.
  • 9.6. Any content posted on or transmitted through any comments or reviews boxes on the Website is and remains the sole responsibility of the person who posted or transmitted the content. Supplier will bear no liability for any such content.
  • 9.7. If you appoint someone to place an order on your behalf, or make use of online Order Forms other than via the Website, including manually-completed Order Forms or emailed orders, you will bear all risk for any errors or omissions, and for any incorrect or incomplete orders placed on your behalf or using such other Order Forms or processes.
  • 9.8. Supplier does not warrant any information provided by any distributor, reseller, franchisee, or other independent sales representatives or sales agents, (“Business Associates”) whether or not they are designated by Supplier as “approved” or “authorised”. You acknowledge that Business Associates are not Supplier’s agent, employee, contractor, or partner and have no authority to act on Supplier’s behalf, or to make any warranties, promises, or representations regarding Supplier or the Products.
  • 9.9. Except as expressly provided in this Agreement, Supplier makes no warranties of any kind, whether express, implied, or otherwise, and Supplier specifically disclaims all implied warranties, including any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law.
  • 9.10. Supplier’s liability with respect to any single incident arising out of or related to this agreement will not exceed the replacement cost of the Product related to the incident.
  • 9.11. Supplier will not be responsible for any direct, indirect, consequential, general, or special damages, or any loss of profit or revenue, or any injury or death, that may be suffered by any person for any reason. You indemnify Supplier against all and any such claims.
  • 9.12. Supplier will not be liable for any force majeure or acts of God that prevent it from ordering, receiving, supplying or delivering the Products, including: acts of government, border control delays, interruption of essential services, natural disasters, pandemics, fires, civil unrest, acts of terror, strikes or other labour issues, or internet failures or delays. Where a force majeure persists for longer than 90 (ninety) days after the submission of the online Order Form, Supplier may, in its discretion, cancel the order and refund all Fees paid.
10. Intellectual Property Infringement
  • 10.1. You acknowledge and agree that Supplier owns or is entitled to all copyright, trademarks, logos and intellectual property in the Products and associated designs and processes, and including the Website. You will not acquire any right to any such intellectual property.
  • 10.2. Supplier will reimburse you for any expenses, including reasonable attorney fees and costs, that you may incur should the Product become the subject of a genuine legal action alleging that the Product infringes a third party’s patent, trademark or copyright, provided that you notify Supplier about the claim immediately, and no more than 2 (two) business days after you become aware of it. Supplier will have the right to control the defense and / or settlement of any such claim.
  • 10.3. Notwithstanding 10.2, Supplier will have no obligation for any claim under this clause 10 if: any part of the Product has been modified by a person other than Supplier; any part of the Product has been used in combination with other items or goods; Supplier had already provided you with a replacement or upgraded Product that corrects the infringement.
  • 10.4. The remedy in this clause 10 constitutes Supplier’s entire liability and your sole remedy for any Product’s infringement of any copyright, patent, trade secret, or other intellectual property right.
11. Breach
  • 11.1. Should either party commit a breach of this agreement and fail to remedy such breach within 20 (twenty) business days after receipt of written demand, the aggrieved party will be entitled to either claim specific performance or to cancel this agreement and claim damages, which damages shall be subject to clause 9 above.
12. General
  • 12.1. You choose your email address as the address at which you will accept all notices and communications.
  • 12.2. Supplier chooses as the address at which it will accept legal notices and other communications as per Section 13.
  • 12.3. You will not cede or assign any of its rights or obligations under this Agreement without Supplier’s prior written consent.
  • 12.4. Every attempt has been made to ensure that this agreement has been drafted in accordance with all statutory requirements, and any non-compliance is unintended. If any provision is held to be unenforceable for any reason, including due to a statutory requirement or a subsequent change to the law, the provision will be adjusted, if possible, to achieve the intent within legal parameters. If adjustment is not possible, the provision will be deleted, and all other provisions will remain valid and enforceable.
  • 12.5. Supplier reserves the right to modify this Agreement at any time, and without prior notice, by posting the amended terms on the Website. Your completion of each and every online Order Form constitutes your acceptance of the most current Agreement, as amended.
  • 12.6. All copyright subsisting in the Website belongs to Supplier and all rights not expressly granted are reserved.
  • 12.7. This agreement constitutes the whole agreement between the parties. These terms will prevail over any separate terms, including any further conditions or stipulations provided by you and / or Business Associates, which conditions and stipulations are expressly waived and excluded.
  • 12.8. No indulgence will be a waiver of any rights or prevent a party from enforcing compliance with this agreement.
13. Supplier’s Details
  • 13.1. Registered Name: Simply Vets (Pty) Ltd
  • 13.2. Registration Number: 2012/047159/07
  • 13.3. Email Address: hello@simplypets.co.za
  • 13.4. Physical Address: 61 Main Road, Sedgefield, Western Cape, 6573, South Africa
  • 13.5. Contact Number: +27(0)443431730
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