Terms & Conditions

Trading as Happy Sak

Welcome to our website at https://www.HappySak.co.za. This website is owned by Happy Sak (Pty)Ltd and situated at 14 Caledon Street, Somerset West ("Happy Sak", “We” or “Our”).

Happy Sak mainly uses this website to provide existing and potential customers with the information contained on this website and/or pages, which comprise the website ("Website"). Happy Sak also uses the Website to advertise and sell products to its existing and potential customers, subject to these website terms and conditions (“Website Terms”). Please read these Website Terms carefully and should you have enquiries, please email us at simon@happysak.co.za

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms and our Online Privacy Policy govern your use of this Website.

Acceptance

These website terms and conditions ("Website Terms") apply to your use of the Happy Sak website at https://www.Happy Sak.co.za (the "Website"). You must read these carefully.

These Website Terms apply to your use of the Website and it is imperative that you read these Website Terms carefully to ensure that you have a full understanding of how these Website Terms apply. We also recommend that you print these Website Terms and keep a copy of same in your possession for future reference or personal use.

You acknowledge that in terms of Electronic Communications and Transactions Act of 2002 (as amended) and the common law, these Website Terms will be valid, binding, and enforceable against any one that makes use of or accesses the Website. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you are not in agreement with the Website Terms, please immediately discontinue your usage of this Website, failing which your continued use will automatically bind you to these Website Terms.

By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you are not in agreement with the Website Terms, please discontinue usage of this site.

Accuracy of Content of the Website

Happy Sak has taken all reasonable steps to ensure that each product described or depicted on this website and any other information (such as pricing) displayed on the website is current, complete and accurate. However, content and system errors may occur. For this reason and if the law allows it, the information displayed on our website is provided without any guarantees, conditions or warranty as to its accuracy. Some descriptions or photographs of products and packaging may be of a generic nature and not specific to the particular product you wish to buy.

We have taken all reasonable steps to ensure that each product described or depicted on this Website (“Products”) and any other information displayed on this Website (“Product Information”) is current, complete and accurate. Notwithstanding Our endeavours, you accept that content errors may occur as some descriptions or photographs of the Products or packaging thereof may be of a generic nature and not specific to the particular Product you wish to buy.

You agree that you will notify us of all inaccurate, incomplete or outdated content and you acknowledge that We disclaim all representations and warranties, express or implied, that any Product Information is accurate, complete or up-to-date. You also agree that We will not be liable for any loss, damage, costs or expenses arising from your reliance on any Product Information provided on the Website. Notwithstanding this, We also disclaim any representation or warranty that the Product Information displayed in or on this Website does not infringe the rights of any third party.

If you are uncertain about information on any Product or Product Information which is advertised on this Website, please send an email to <simon@happysak.co.za> and We will gladly assist you. We also confirm that We will take all reasonable steps to resolve your query and provide you with a response within 2 working days from the date that you lodged the query.

If you are uncertain about information on a product advertised on this website, please send an email to simon@happysak.co.za and we will gladly assist you. All queries will be responded to within 2 working days.

Website Registration

As an unregistered user you will be able to browse the products displayed on the website. If you do not have a username and password you will be required to register on the website.

All unregistered users will be able to use the Website to browse and purchase the Products, but only registered users will have full use or enjoyment of this Website.

The Website registration process requires you to complete or fill in a short form which will enable you to create your login details (“Login Credentials”). Further note that You will not be able to have full use or enjoyment of the Website until you complete the registration process. Your Login Credentials will be required every time you log in to or make use of the Website as a registered user.

All users will be responsible for maintaining the confidentiality of their password or account, including any activities that occur under your account. It is for this reason that We will not be liable to you or any other person for any loss or damage which may arise as a result of your failure to protect your password or account. You hereby indemnify and hold Us harmless against all costs, claims, losses or damages which may arise therefrom.

Registration requires filling in a short form which will create login details. Password/Account Security Consumers are responsible for maintaining the confidentiality of their password or account and any activities that occur under your account. Happy Sak shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

Feedback

The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Happy Sak.

Your Personal Information

The Website Terms supplement (and are in addition to) the terms of our Privacy Policy. Our Privacy Policy explains what personal information We collect about you when you use the Website, and you can view our Privacy Policy online at www.happysak.co.za Please note that when you agree to these Website Terms you will be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.

Pricing

We will take all reasonable efforts to ensure that prices reflected on the Website are accurate. You confirm that We may amend Our prices from time to time without prior notice and for any reason whatsoever. We reserve the right not to honour any incorrect offers represented on the Website made by genuine human or system error. You agree that all prices will be quoted in South African Rand and include Value-Added Tax (VAT). You also agree that the prices displayed on the Website are only valid and effective in South Africa. Special promotions may be limited to separate offer conditions and stipulations.

Payment

You acknowledge that you can use your <Happy Sak> account, debit card or credit card to pay for the Products. You also acknowledge that an amount equal to the total value of your order will be debited from your <Happy Sak> account or reserved against the debit card or credit card you are paying with during the checkout process. Notwithstanding the above payment terms, kindly note that you can also make use of your <Happy Sak> gift cards to pay for the Products.

For the avoidance of doubt, you agree that you will pay the for the Products on the <Happy Sak> Website using the available payment methods and warrant that you will make payment before you physically receiving your order via the chosen delivery method. By submitting your order, you warrant that you are authorised to make payment for the Products and that there are sufficient funds available to pay for the order.

Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002

Full name: Happy Sak (PTY) Ltd.

Physical address: 14 Caledon Street, Somerset West

Telephone number: 083 456 4767

Website address:<http://www.HappySak.co.za>

Registration number: 2017/153748/07

Vat Registration Number: 4610284699

Country of incorporation: South Africa;

Chief Executive Officer: Simon Meershoek

Physical address for receipt of service: 14 Caledon Street, Somerset West, 7130

Copyright and all intellectual property rights in all materials, texts, drawings, graphics, logos, icons and any data made available on this Website (collectively "the Materials") are exclusively owned by Us (or Our content suppliers) and acknowledge that Our rights are protected by both South African and international intellectual property laws.

You accept that all licenses granted in terms of these Website Terms are provided to you on a non-exclusive and non-transferable basis. You also accept that these licenses are solely to you to enable you to have full use and enjoyment of the Website. Notwithstanding this, you agree that We may terminate or cancel all licenses at any time without prior notice and for reason any reason whatsoever. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such Materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights.

You may only use the Materials or any component thereof for your information purposes or for the purposes of ordering products from Us. The trademarks, names, logos and service marks (collectively "Trademarks") displayed on this Website are Our registered and unregistered Trademarks. Nothing contained on this Website should be construed as granting any license or right to use any Trademark without Our prior written approval or permission.

You agree that all Materials on this Website are mainly intended to be used in South Africa and accept that We disclaim all representations or warranties, express or implied, that any Products or Product Information will be appropriate for use beyond the borders of South Africa. You warrant that you will comply with all applicable laws in the event that you decide to use any Products or Product Information outside of South Africa. It is for this reason that you agree to indemnify and hold Us harmless against any liability for any loss or damage from your non-compliance with any applicable laws.

Links to other websites

External links (“External Links”) are provided for your convenience, but they are beyond Our control and it is on this basis that We make no warranties or representations in relation to their content, source or any risk for loss or damage which you may incur through linking to other external websites.

Use or reliance on any External Links provided is at your own risk and We accept no liability in respect of such use. When visiting External Links you must refer to the external terms and conditions of use or alternatively, enquire with Us if any External Links have specific requirements. You may not link External Links to this Website or any content displayed thereon without Our express prior written approval or permission.

Use of Website

Only you and Us will be entitled to enforce these Website Terms. No third party will be entitled to enforce any of these Website Terms. We may in Our sole discretion at any time suspend or terminate the operation of the Website or your use thereof without prior notice and without any reason whatsoever.

You accept that We will not be liable for any loss or damage arising from your use of any of the Product Information provided on this Website. We acknowledge that We have taken necessary steps or measures to ensure that this Website is free from viruses, worms, trojans or any other malicious content.

Notwithstanding this, you agree that you are required to use your best endeavours to ensure that you have the required measures and tools in place to enable you to make use of the Website and guard against transmission of any viruses, worms, trojans or malicious content. It is for this reason, that you indemnify and hold Us harmless against any liability for loss or damage arising from the transmission of viruses, worms, trojans and any other malicious content from the Website.

Address for Service

The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out above.

We will be entitled from time to time, by giving notice to you in this Website, to vary its physical address for service to any other physical address within the Republic of South Africa.

Entire Agreement

These Website Terms and our Privacy Policy, set out the entire agreement between you and Us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Cession and Assignment

You acknowledge that We will be entitled to cede, assign and delegate all or any of Our rights and obligations in terms of these terms. You also acknowledge that you will not be allowed to cede, assign or delegate all or any of your rights and obligations herein without Our prior written approval or permission.

Severability

All provisions of these Website Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Website Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, will, in such jurisdiction only and only to the extent that it is so unenforceable, be excluded from Our agreement and the remaining provisions of these Website Terms will remain in full force and effect.

Force Majeure

Should We be prevented from fulfilling any of Our obligations to you as a result of any event of force majeure, then those obligations will be deemed to have been suspended to the extent that and for as long as We are prevented from fulfilling them and your corresponding obligations will be suspended to the corresponding event. In the event that such event continues for more than 14 days after it has first occurred then We will be entitled (but not obliged) to terminate all of Our rights and obligations in terms of or arising out of these Website Terms by giving you notice to that effect.

An event outside Our control means any event or circumstance whatsoever which is not within Our reasonable control including, but not limited to, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.

Applicable Law

These Website Terms will be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

Jurisdiction

You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the Website Terms or any matter related to or in connection therewith.

Variation

We may periodically update or change the Website Terms, without notice. You should check the Website from time to time as your continued use of the Website will mean you accept any updated or revised Website Terms. In addition, you agree that the provisions of the Electronic Communications and Transactions Act 2002 (as amended) will not apply insofar as it intends to amend, vary, novate or cancel these Website Terms.

Waiver

No change, waiver or discharge of these Website Terms will be valid unless such change, waiver or discharge is recorded in writing and signed by Us.

Indulgence

No failure or delay by Us in exercising any right, power or privilege under these Website Terms will operate as a waiver thereof.

Warranty of Authority

You warrant that you have the full power, authority and legal right to enter into or conclude these Website Terms.

Risk and Title

You agree that you will bear all risk of loss or damage arising from your use of the Website and agree that all risk in the Products will transfer to you on delivery. You also agree that We own all Products or Product Information displayed on the Website and confirm that We will retain ownership of the Products until we receive your payment in full.

Availability of Products

Products displayed on this Website are subject to their availability in store and on the Website at the time. From time to time, some Products may be out of stock or are unavailable and We may not be able to fulfil all or part of your order. If this happens, We will refund you the price paid for the Products impacted.

We may withdraw or suspend from sale any Product displayed on the Website, either temporarily or permanently, at any time. Therefore, We will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Product.

Where a Product which is the subject of an order has been withdrawn or suspended from sale and your payment for the Product has already been processed, then We will refund any money paid to you.

We reserve the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), We will reject that part of the order affected by the error. You will be refunded the value of that part of your Order affected by the error and We will fulfil the remainder of your order. If you are not satisfied with the partial fulfilment of your order, you can return your order to Us under the Returns Policy.

If your order is affected by a genuine error (including in a description, an image or a price), We reserve the right to cancel your order and refund any money paid to Us.

Acknowledgements

You agree that:

all pictures and images of Products displayed are for illustrative purposes only;

any accessory featured with the Products is for illustrative purposes only, and may be sold separately; and

where we provide dimensions and measurements in the description of a Product, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Product is suitable for your purpose prior to submitting your order (including whether there is appropriate and safe access to your delivery address for delivery of the Product).