Terms and Conditions​

Last updated: 08/10/2021​

Welcome to www.untamedpanda.co.za.  The Panda, Untamed Design website (“the “Website“) is an electronic service provided by Untamed Passion (Pty) Ltd with entity number 2015/214600/07 (“Panda, Untamed Design“), a division of Untamed Passion (Pty) Ltd. Although Panda, Untamed Design is the operator of the Website, software, hosting, content and other functions may be provided by Untamed Passion (Pty) Ltd or any of its direct or indirect subsidiaries, affiliates, or incorporated or unincorporated divisions or operating units (together, our “Affiliates“), and/or our third party contractors, vendors, distributors or business partners (together with our Affiliates, “Trusted Third Parties“).

Panda, Untamed Design, its Affiliates and Trusted Third Parties (“Panda, Untamed Design”, “we”, “us”) provide website features to the Consumer subject to the following Terms and Conditions (“Terms”).

WHEN YOU SHOP AT WWW.UNTAMEDPANDA.CO.ZA, YOU ACCEPT THESE TERMS.

These Terms apply to all persons (“Consumers”, “you”) that purchase any Goods or Services (“the Goods”) through the Website or any part thereof in terms of section 11(3) of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”).  

UPDATING OF THESE TERMS

Panda, Untamed Design may change, these Terms and will notify you of the changes via email or by posting a prominent notice on the Website.  The Consumers’ continued use of this Website following notification of change will amount to acceptance of these Terms, including any changes.

DISCLOSURE BY THE SUPPLIER OF GOODS IN TERMS OF SECTION 43 OF THE ECT ACT​

In accordance with the disclosure requirements of the ECT Act, Panda, Untamed Design makes the following information available to the Consumers:

 

The Supplier is:

 

  • Panda, Untamed Design: Untamed Passion (Pty) Ltd
  • Physical Address: 12 Alfreda Street, Harmelia Ext 1, Germiston, South Africa
  • Telephone number: +27 64 753 7279
  • Website address and email address: untamedpanda.co.za info@untamedpanda.co.za
  • Registration number and place of registration: 2015/214600/07 Sandton
  • Physical Address for receipt of legal service: 12 Alfreda Street, Harmelia Ext 1, Germiston, South Africa
  • Main businessWeb Design, Maintenance and Support

PRIVACY​

Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices.

ELECTRONIC COMMUNICATIONS​

When you visit the Website or send emails or faxes to us, you are communicating with us electronically.   You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

INTERCEPTION OF COMMUNICATION ​

Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RIC Act”), the Consumer agrees to Panda, Untamed Panda’s right to intercept, block, filter, read, disclose, where necessary, and/or use all data and information sent or posted by the Consumer during use of the on-line purchasing mechanism.

 

The Consumer agrees and acknowledges that the consent provided by the Consumer satisfies the “in writing” requirement in the ECT Act and the RIC Act.

COPYRIGHT ​

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Panda, Untamed Design or its content suppliers and protected by South African and International copyright laws. The compilation of all content on this Website is the exclusive property of Panda, Untamed Design and protected by South African and International copyright laws. All software used on this site is the property of Panda, Untamed Design or its software suppliers and protected by South African and International copyright laws.

TRADEMARKS ​

Panda, Untamed Design grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Panda, Untamed Design. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any Goods listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Panda, Untamed Design. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Panda, Untamed Design without the express written consent. You may not use any meta tags or any other “hidden text” utilizing Panda, Untamed Design’s name or trademarks without the express written consent of Panda, Untamed Design. Any unauthorized use terminates the permission or license granted by Panda, Untamed Design. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of untamedpanda.co.za so long as the link does not portray Panda, Untamed Design, or its Goods or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Panda, Untamed Design logo or other proprietary graphic or trademark as part of the link without express written permission.

LICENSE AND SITE ACCESS ​

Panda, Untamed Design grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Panda, Untamed Design. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any Goods listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Panda, Untamed Design. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Panda, Untamed Design without the express written consent. You may not use any meta tags or any other “hidden text” utilizing Panda, Untamed Design’s name or trademarks without the express written consent of Panda, Untamed Design. Any unauthorized use terminates the permission or license granted by Panda, Untamed Design. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of untamedpanda.co.za so long as the link does not portray Panda, Untamed Design, or its Goods or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Panda, Untamed Design logo or other proprietary graphic or trademark as part of the link without express written permission.

CONSUMER ACCOUNT​

If the Consumer uses this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your password. Panda, Untamed Design does not sell Goods for children, and it sells them to adults, who can purchase with a credit card or other permitted payment method. Panda, Untamed Design reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

ON-LINE PURCHASING​

PLEASE TAKE NOTE THAT BY PURCHASING THE GOODS ON-LINE THE CONSUMER AGREES TO BE BOUND BY THESE TERMS. ​

When placing an order the Consumer shall ensure that the details and the specifications of the order are correct as the details of the order will be relied upon by Panda, Untamed Design in the provision of the Goods.

 

The Consumer shall be liable for any costs incurred due to changes required by the Consumer or due to errors in the order specification.

AGREEMENT IN TERMS OF SECTION 23 OF THE ECT ACT

Panda, Untamed Design and the Consumer agree that:

  • the Consumer and Panda, Untamed Design shall be bound to these Terms and such agreement is concluded in Johannesburg (South Africa) at the time the Consumer indicates acceptance of the Terms;
  • data messages (as defined in the ECT Act) addressed by the Consumer to Panda, Untamed Design shall only be deemed to have been received when responded to;
  • data messages (as defined in the ECT Act) addressed by Panda, Untamed Design to the Consumer shall be deemed to have been received by the Consumer as detailed in section 23(b) of the ECT Act;
  • data messages (as defined in the ECT Act) addressed by the Consumer to Panda, Untamed Design shall only be deemed to have been created and sent by the Consumer from within the geographical boundries of South Africa;
  • electronic signatures, encryption and/or authentication are not required for valid electronic communications between the Consumer and the Panda, Untamed Design; and
  • the Consumer agrees and warrants that data messages that are sent to Panda, Untamed Design from a computer, IP address or mobile device normally used or owned by the Consumer, were sent and/or authorised by the Consumer personally.

RETURNS AND REFUND

A Consumer may cancel, without reason or penalty, any transaction regarding the Goods, within 30 (seven) days after the date of the receipt of the Goods by returning such Goods, at its own cost and risk, to Panda, Untamed Design. Panda, Untamed Design shall, within 30 (thirty) days of the date of cancellation, refund a Consumer fully for any payment already made for the Goods less any amounts allowed in terms of the CPA.

DISCLAIMER AND LIMITATION OF LIABILITY​

TAKE SPECIAL NOTE OF THE FOLLOWING: SUBJECT TO THE PROVISIONS OF SECTION 43(5) AND 43(6) OF THE ECT ACT, AND TO THE EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MAY INCLUDE INACCURACIES OR TOPOGRAPHICAL ERRORS AND PANDA, UNTAMED DESIGN,  SUPPLIERS, EMPLOYEES, DIRECTORS, PARTNERS, AFFILIATES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, OR LOSS OR LIABILITY OF ANY NATURE INCURRED BY WHOEVER RESULTING FROM:

 

  • PURCHASES OF GOODS THROUGH THE WEBSITE;
  • INABILITY TO PURCHASE GOODS THROUGH THE WEBSITE;
  • ACCESS TO THE WEBSITE;
  • INABILITY TO ACCESS THE WEBSITE;
  • CONTENT AVAILABLE ON THE WEBSITE;
  • SERVICES AVAILABLE FROM THE WEBSITE;
  • DOWNLOAD AND USE OF CONTENT FROM THE WEBSITE;
  • ANY OTHER REASON NOT RELATED TO GROSS NEGLIGENCE BY PANDA, UNTAMED DESIGN.
 

PANDA, UNTAMED DESIGN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE ONLINE PURCHASING MECHANISM WILL BE AVAILABLE AT ALL TIMES.  CONSUMERS ACKNOWLEDGE THAT THE ONLINE PURCHASING MECHANISM MAY BE UNAVAILABLE DUE TO UPDATES AND OTHER CAUSES BEYOND THE REASONABLE CONTROL OF PANDA, UNTAMED DESIGN INCLUDING BUT NOT LIMITED TO VIRUS INFECTIONS, UNAUTHORISED ACCESS, POWER FAILURE OR ACTS OF GOD.

ILLEGAL INFRINGING AND HARMFUL ACTIVITIES ​

Consumers are encouraged to report to Panda, Untamed Design info@untamedpanda.co.za any illegal, infringing, and/or harmful activities of which the Consumer becomes aware in respect of the online purchasing mechanism.

HYPERLINKS TO THIRD PARTY SITES​

Panda, Untamed Design may provide hyperlinks to websites not controlled by Panda, Untamed Panda (“Target Sites”) and such links do not imply any endorsement, agreement on or support for content of such Target Sites;

Panda, Untamed Design does not editorially control the content on such Target Sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such Target Sites.

APPLICABLE AND GOVERNING LAW​

These Terms will be governed by the laws of the Republic of South Africa, and the Consumer consents to the jurisdiction of the High Court in the event of any dispute.

If any provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible so as to give effect to the intent of these Terms and the remainder will continue in full force.

ENTIRE AGREEMENT ​

These Terms constitute the entire agreement between Panda, Untamed Design and the Consumer, and shall take precedence over any disclaimers or legal notices, attached to any communications and or postings received by Panda, Untamed Design from the Consumer.

Any failure by Panda, Untamed Design to exercise or enforce any right or provision shall in no way constitute a waiver of such a right or provision.

COSTS

Panda, Untamed Design shall not be liable for costs incurred by Consumers to obtain professional advice relating to these Terms.

CONTACT DETAILS​

In the event that the Consumer need to contact Panda, Untamed Design for the purposes related to these Terms please use the following contact details:

Telephone: +27 83 456 9344

Email: info@untamedpanda.co.za

© Untamed Passion (Pty) Ltd

Last updated: 08/10/2021