2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which - 2.2.1. may limit the risk or liability of Duca Del Cosma; and/or
2.2.2. may create risk or liability for the user; and/or
2.2.3. may compel the user to indemnify Duca Del Cosma; and/or
2.2.4. serves as an acknowledgement, by the user, of a fact
2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted
2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Duca Del Cosma to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5. 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 Duca Del Cosma in terms of the CPA.
2.6. Duca Del Cosma 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.
These Terms and Conditions govern the use of this website ('the Site') and should be read before you make any use of it. These Terms and Conditions shall apply to all visits and use of the Site, as well as to the information (including but not limited to text, graphics, photographs, images, moving images, sound, illustrations and software) and services (together the 'Content') provided to you on or through the Site. By accessing and using the Site, you give your agreement to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety you should leave the Site and make no further use of it.
COMPETITION TERMS AND CONDITIONS
Please note that the following standard terms and conditions will apply to all Duca Del Cosma SA competitions unless otherwise stipulated:
By entering the competition you agree to the terms and conditions of the competition.
No Duca Del Cosma staff member or third parties of the before mentioned can enter the competition.
By entering the competition, you agree and understand that you MAY win the prize and that there is no guarantee that you will win the prize.
By entering the competition, you automatically opt in to receive newsletters and email communication from Duca Del Cosma.
The winner will be contacted via email or telephone. If we cannot make contact with the winner after three attempts over 1 week, then the next winner will be drawn.
The prize will not be exchangeable for cash and any portion of the prize not used, will not be refunded to the winner.
DISCOUNT CODE TERMS
In order to claim your discount, you must enter the relevant promotional code when prompted online at www.ducadelcosma.co.za. The offer cannot be redeemed with any other retailer. The offer may not be used in conjunction with any other offers. All promotions are valid for online purchases only unless otherwise stipulated.
Duca Del Cosma (Pty) Ltd reserves the right to amend these terms and conditions or discontinue the offer at any time. If you return any Duca Del Cosma products purchased under the offer, you will receive a full refund of the offer amount paid by you. Nothing in these terms and conditions shall affect your statutory rights. The Offer shall be governed in accordance with the laws of South Africa.
LINKS TO OTHER WEBSITES
Links provided on our site can lead you to access sites outside Duca Del Cosma’s control. Personal data provided to Duca Del Cosma will not be transported to other sites by clicking on the links. Such links are provided because they may be of interest to you or allow you to access complementary products or services provided by third parties. Duca Del Cosma is not responsible for the way these sites use personal data.
SITE AND CONTENT OWNERSHIP
The Site is owned and operated by Duca Del Cosma (Pty) Ltd, a company with its registered office at 40 Gold Street, Brooklyn, Cape Town, South Africa. All of the Content of and on the Site is owned by Duca Del Cosma (Pty) Ltd., its licensors and/or its content providers. All aspects of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trade mark, design right (whether registered or not) and other laws relating to intellectual property rights. Except as explicitly permitted under this or other agreements with Duca Del Cosma, no part of the Site or Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of the relevant member of Duca Del Cosma or its licensors.
The copyright in all Content is owned by Duca Del Cosma. Except as is otherwise explicitly permitted within the site, you are permitted to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content. Except as explicitly permitted under the law relating to copyright, you may not reuse any content without first obtaining Duca Del Cosma’s explicit consent, such prohibition of use extends to the use of any content on any other website or networked computer environment. You may not remove any copyright, trademark or other proprietary notices from content found on the Site.
If you download software (including but not limited to screensavers, icons, videos and wallpapers) from the site, the software, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Duca Del Cosma who has full and complete title to it and to all intellectual property rights therein. Your ownership rights are limited to the medium on which the software is recorded and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
All trademarks product names and trade names of Duca Del Cosma used on the Site are trademarks or registered trademarks of Duca Del Cosma, unless stated otherwise. You may not, without Duca Del Cosma’s prior express permission use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Duca Del Cosma trademarks in any way, including on any other website or network computer environment, in advertising or in publicity of any kind.
DISCLAIMER AND WARRANTIES
The site and the content are provided 'as is' and without any express or implied warranties of any kind, including but not limited to, implied warranties of quality, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. The content on the site is for general information only and does not constitute advice.
Duca Del Cosma does not represent or warrant that the content of the site are accurate, complete, error free or current nor that access to the site will be uninterrupted, that any defects in the site will be corrected or that the site or its hosting server are free of viruses or any other harmful components. Further, Duca Del Cosma does not make any representations or warranties in relation to the use of the site and/or its content in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by law.
Duca Del Cosma reserves the right to suspend, withdraw or modify the whole or any part of the site at any time without notice and without incurring any liability.
DISCLAIMER - USER PARTICIPATION
Duca Del Cosma reserves the right at its sole discretion to block or remove any communications and material it believes is not in accordance with these Terms and Conditions, or is otherwise unacceptable to Duca Del Cosma.
LIMITATION OF LIABILITY
Your use of the site is at your own risk. Duca Del Cosma or any of their officers, directors or agents or any other party involved in creating, producing or delivering the Site will be liable for any loss or damage including, but not limited to, direct, indirect, special or consequential damages whether arising in contract, tort (including negligence) or otherwise. Duca Del Cosma acknowledges that nothing in these Terms and Conditions excludes or limits its liability for death or personal injury caused by its negligence or for fraud.
MISUSE OF THE SITE
You may not use the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libellous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
USE OF THE SITE BY CHILDREN AND MINORS
If you are under 18, you must ask the permission of a parent or guardian before you:
- Email the Site, or ask us to email anything to you;
- Send in any information to us;
- Enter any contest or game that requires information about you or offers a prize.
By continuing to use the Site and any of the services offered, you are confirming that you have obtained the permission of a parent or guardian to do so. Minors should not provide personal data without parental consent.
Except where expressly provided otherwise, Duca Del Cosma will not accept any unsolicited submissions via this Site.
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee to meet our costs in providing you with details of the information we hold about you.