Terms and Conditions
1. INTRODUCTION
1.1 This website (the “Website”) is owned and operated by Ussher Inventions Proprietary Limited trading as Okapi (“Okapi”, “we”, “us” and “our”).
1.2 These Website Standard T&C’s (“T&C’s”) govern the ordering, sale, delivery and return of Okapi knives, accessories and related products (“Goods”), and the use of the Website.
1.3 These T&C’s are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who logs in to the Website. By using the Website and/or by logging in on the Website, you acknowledge that you have read and understood the T&C’s and you hereby agree to be bound by the T&C’s.
2. RATINGS, REVIEWS AND COMMENTS
2.1. You may rate the Goods listed on this Website and leave any reviews /comments that may be useful to other customers/users to help them make better buying choices.
2.2. However, we reserve the right to remove reviews /comments in our sole and absolute discretion if any of the following is present in the reviews /comments:
2.2.1. Racist remarks;
2.2.2. Vulgar or profane remarks;
2.2.3. Distasteful and/or defamatory content;
2.2.4. Advertisements or promotional material for other goods or competing goods;
2.2.5. Unrelated topics;
2.2.6. Any of your contact details like your contact number, email and physical addresses;
2.2.7. Comments on other reviews.
3. NOTIFICATIONS
3.1. You may notify us about:
3.1.1. Receiving incorrect Goods;
3.1.2. Receiving Goods late;
3.1.3. Not receiving refunds timeously (if applicable);
3.1.4. The quality of service that you received from us.
3.2. We commit to resolve the above points in a commercially sensible manner in our sole and absolute discretion.
3.3. If you remain unsatisfied, you may register your complaints or disputes by emailing our customer service department at the email address: customercare@okapi.co.za
4. RETURNS AND REFUNDS
4.1. If you would like to return the Goods that you purchased because it differs from the one that you have ordered or it is defective or you have buyer’s remorse or the Product does not meet your expectations, you are required to contact Okapi Support within 7 (seven) calendar days at the email addresses: customercare@okapi.co.za and follow the below procedure to return the Goods:
4.1.1. Quote your order number in the email and state the reason for wanting to return the Goods;
4.1.2. Wait for a reply email from us with a “Goods Return Number” (“GRN”) which gives you permission to send back the Goods;
4.1.3. When you have received this email with the GRN from us, you must quote this number on a separate piece of paper and send the Goods by courier by no later than 30 (thirty) days after we sent you the email.
4.1.4. The Goods must returned in its original packaging and the Goods must be unused, must not be damaged or destroyed and must contain all printed material, so that the Goods are resalable.
4.1.5. If you intend to send the Goods to us via courier, you must securely wrap the Goods for safety reasons and to protect the Goods against theft and damage. You must insure the parcel for the full retail value of the Goods.
4.1.6. Goods must be returned to: 7 Sigma Avenue, Industries West, Germiston.
4.1.7. All costs incurred for returns will be for your account.
4.2. Custom made Goods (e.g., special orders or personalized items) and sale items are not eligible for return.
4.3. Okapi will process refund claims promptly and refunds we not issued until the returned product is received by Human Sport.
4.4. Upon receiving and inspecting the return, we will notify you whether the refund has been approved.
4.5. If approved, the refund will be processed within 15 (fifteen) business days to your original payment method.
4.6. If we refund monies to you, you are required to provide complete and correct banking details and information and it may take additional time for your bank or credit card company to process the refund.
4.7. If more than 15 business days have passed since approval and you haven’t received your refund, contact us at customercare@okapi.co.za
4.8. Please inspect your order upon receipt. If the item is defective, damaged or incorrect, contact us immediately so we can address the issue and take corrective steps.
4.9. Usher Inventions (“Okapi”) reserves the right to charge a 10% restocking fee.
4.10. Usher Inventions (“Okapi”) reserves the right to refuse a refund if the product is not returned in its original condition.
5. REGISTRATION AND USE OF THE WEBSITE
5.1. Only registered users may order Goods on the Website.
5.2. To register as a user, you must follow the prompts on our website: https://okapiknives.co.za
5.3. Once you have registered your email address, you will receive a verification code which can be used to verify your email address and allow you to checkout your purchase.
5.4. You agree and warrant that your log in credentials will be used for personal use only and will not be disclosed to any third party.
5.5. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way whatsoever use any tool, software or method, or manual process to monitor, copy, distribute or modify the Website or the information contained on the Website.
5.6. If we suspect any fraudulent or other criminal activity on your part while using the Website or in case of breach of these terms, or if the conduct in any way negatively affects our rights and interests, we may in our sole and absolute discretion temporarily suspend or terminate your access to the Website. In such circumstances, we may send you a suspension notice unless we in our sole and absolute discretion believe that such notice will lead to further damage and violation.
6. SALES AND AVAILABILITY OF STOCK
6.1. By submitting an order to buy the Goods, you represent and warrant that you are over the age of 18 (eighteen), or are placing an order with the consent of a parent or guardian.
6.2. You acknowledge that stock of all Goods is limited and that pricing may change at any time without notice to you. You acknowledge that we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
6.3. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
7. PAYMENT
7.1. Payment may be made for Goods using the following methods, depending on their availability and/or your eligibility to use such a method:
7.1.1 Credit Card;
7.2. You warrant that you are fully authorised to use the use the credit card or debit card presented for payment of the Goods.
7.3. You also warrant that your debit and credit card have sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
7.4. You consent to us providing your personal information to our third-party payment processor, which is necessary to enable us to perform our obligations in terms of this Agreement. In order to protect our interests as well as yours, we or our third-party payment processor may scrutinize transactions to prevent attempted fraud. A transaction may be refused if we or our third-party payment processor is not satisfied that it is legitimate.
8. DELIVERY OF GOODS
8.1. Goods will be delivered by to you by courier
8.2. We reserve the right to appoint appropriate couriers, the costs of which will be for your account.
8.3. Once the Products have reached your delivery address, the risk passes to you for any loss or damage to the Goods.8.4. The Goods will be delivered to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment.
9. ERRORS
9.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website.
9.2. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error but will use our best endeavours to resolve any error in a commercially sensible manner.
10. PRIVACY POLICY
10.1. We respect your privacy and we will take all reasonable measures to protect it.
10.2. Our privacy terms are more fully detailed in our Privacy Policy which is incorporated by reference and can be read at okapiknives.co.za/pages/privacy-and-data-policy
11. CHANGES TO THESE TERMS AND CONDITIONS
11.1. We may, in our sole and absolute discretion, update or change any of these T&C’s at any time.
11.2. It is your responsibility to regularly check these T&C’s 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.
11.3. 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 T&C’s have been displayed on the Website, you will be deemed to have accepted such changes.
12. ELECTRONIC COMMUNICATIONS
12.1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically, including marketing material.
12.2. Electronic communications fall under our privacy policy which can be read at https://okapiknives.co.za/privacy policy
13. OWNERSHIP AND COPYRIGHT
13.1. The images, pictures, and illustrations found on this Website are for illustration purposes only, and do not necessarily represent the exact goods, services, or ideas in the context they are found in.
13.2. It is your responsibility prior to purchase to clarify with us exactly what goods are being provided for to purchase.
13.3. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law (“Website Content”).
13.4. The Website Content is and will remain our property.
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13.5. You will not acquire any right, title or interest in or to the Website or the Website Content.
13.6. Any use, distribution or reproduction of the Website Content is prohibited and constitutes an unlawful infringement of our intellectual property rights.
14. DISCLAIMER
14.1. You expressly agree that 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. The Website and its contents are provided on an ‘as is’ and ‘as available’ basis and have not been compiled to meet individual requirements.
14.2. Whilst we take reasonable measures to ensure that the content of the Website is accurate and complete, we 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’s representatives, we shall not be bound thereby.
14.3. We make no warranty or representation, whether express or implied, that the use of the Website will be free from of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to 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 risk associated with the existence of such viruses, destructive materials or any other data or code which is able to 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.
14.4. We shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.
14.5. You hereby indemnify us against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Website and/or any linked third party website.
14.6. You hereby indemnify us against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Website and/or any linked third party website.
15. LINKING TO THIRD PARTY WEBSITES
15.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of payment gateways.
15.2. These T&C’s do not apply to those Third Party Websites and we are not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
15.3. Notwithstanding the fact that 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.
16. WEBSITE REMAINING OPERATIONAL AND TERMINATION
16.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
16.2. We may in our sole discretion terminate, suspend and modify this Website, with or without notice to you.
16.3. If you fail to comply with your obligations under these T&C’s, including any incident involving payment of the price of an order for any Goods, we may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
17. GOVERNING LAW AND JURISDICTION
17.1. These T&C’s and our relationship with you together with any dispute arising from or in connection with these T&C’s, shall be governed and interpreted in accordance with the laws of South Africa.
17.2. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these T&C’s.
17.3. In the event of any dispute arising between you and us for the sale of Goods, you agree that the sale occurs in Gauteng and you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (seated in Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
17.4. Nothing in this clause 17 or the T&C’s limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of consumer legislation.
18. NOTICES
18.1. Our address for the service of all formal notices and legal processes in connection with these T&C’s is 7 Sigma Avenue, Industries West, Germiston. We may change this address from time to time by updating these Terms and Conditions.
18.2. You hereby select the delivery address specified with your order as your legal address.
19. GENERAL
19.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these T&C’s to any third party.
19.2. Any failure on the part of you or us to enforce any right in terms hereof shall not constitute a waiver of that right.
19.3. If any term or condition contained in these T&C’s are declared invalid, the remaining T&C’s will remain in full force and effect.
19.4. These T&C’s contain the whole agreement between you and us and no other warranty or undertaking is valid, unless contained in this document between you and us.
20. CONTACT INFORMATION
20.1. Our contact information is posted below:
- Website: okapiknives.co.za
- Email: orders@okapi.co.za