These terms and conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Product, and the use of moonkalkbay.com. These Terms and Conditions are binding and enforceable against every person that accesses moonkalkbay.com or uses its Service offered in any way (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using moonkalkbay.com or Telephone Service or E-mail service, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use moonkalkbay.com in any way if you do not agree to the Terms and Conditions.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the “CPA”). These Terms and Conditions contain provisions that appear in similar text and style to this clause and which – may limit the risk or liability of moonkalkbay.com or a third party; and/or may create risk or liability for the user; and/or may compel the user to indemnify moonkalkbay.com or a third party; and/or serve as an acknowledgement, by the user, of a fact. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask moonkalkbay.com to explain it to you before you accept the Terms and Conditions by continuing to use moonkalkbay.com. 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 moonkalkbay.com in terms of the CPA.
ORDERS AND SALES
You may order Product via moonkalkbay.com at the time of ordering, you are required to indicate your address, and then you will be given a selection of delivery areas. You will only be allowed to order Product from that selection which fall within the prescribed area (as determined by moonkalkbay.com from time to time) surrounding your given address. Where you have ordered using moonkalkbay.com the Product will reach you by means of courier, which delivery service shall be carried out by moonkalkbay.com or its nominee (“Delivery Service Choice made by moonkalkbay.com”).
REGISTRATION AND USE OF MOONKALKBAY.COM
Only registered users may order Product via moonkalkbay.com. To register as a user via moonkalkbay.com, you must provide moonkalkbay.com with your unique email address and telephone number, personal details and any other relevant information required. You will thereafter be requested to select your own password. You will need to use your unique username and password to place an order via moonkalkbay.com; you agree that a moonkalkbay.com operator may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering Product via moonkalkbay.com. You agree and warrant that your username and password (if applicable) shall: be used for personal use only; and not be disclosed by you to any third party. You agree that, once you’re correct username and password have been entered (in moonkalkbay.com), irrespective of whether the use of the username and/or password is unauthorized or fraudulent, you will be liable for payment of any resulting order. You agree to notify moonkalkbay.com immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and/or password and to take steps to minimize any resultant loss or harm. 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 moonkalkbay.com. You may use moonkalkbay.com only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use moonkalkbay.com and/or the information contained therein without the express prior written consent of an authorized moonkalkbay.com representative.
CONCLUSION OF SALES AND AVAILABILITY OF PRODUCT
Registered users may place orders for Product, moonkalkbay.com may accept or reject. The placing of an order will happen when payment is made by credit card, debit card or direct E.F.T. Weather moonkalkbay.com accepts an order depends on various factors, including but not limited to, the availability of Product, capacity for Courier Delivery, correctness of the information relating to the Product (such as the price) and receipt of payment or payment authorisation (if applicable) by moonkalkbay.com for the Product. NOTE: moonkalkbay.com will indicate the acceptance of your order (by moonkalkbay.com by way of SMS or email (“Acceptance Notice”), and only at that point will agreements of sale (the “Sale”) come into effect between you and: moonkalkbay.com; and in respect of the Courier Delivery services. This is regardless of any earlier communication from moonkalkbay.com or representatives stating that your order or payment has been confirmed. moonkalkbay.com will indicate the rejection of your order by cancelling it, notifying you thereof and, as soon as possible thereafter, refunding you for any amount already paid. Prior to the Product being delivered to your nominated address we may reject an order or cancel a Sale at any time due to: (i) moonkalkbay.com being unable to fulfil the order; (ii) Courier Delivery services not being readily available and/or (iii) any other reason in moonkalkbay.com sole discretion. Should you wish to retract your order, you should contact moonkalkbay.com via telephone immediately, and moonkalkbay.com will use its reasonable endeavours to effect such retraction. You will not be able to retract your order via moonkalkbay.com, or after an Acceptance Notice has been generated. You will not be able to change your order after placing it, but may be able to retract it (subject to the above), and place a new one via a discount voucher issued to you for the same value of the specific order. Placing Product in your shopping basket on moonkalkbay.com without completing the purchase cycle does not constitute an order for Product, and as such, Product may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold moonkalkbay.com and/or any of its representatives liable if such Product is not available or is not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage. moonkalkbay.com relies on information supplied to it by you via moonkalkbay.com relating to the Product and your details, and moonkalkbay.com accordingly bears no liability for any inaccuracies in such information supplied to it. You acknowledge that stock of all Products on offer may be limited. moonkalkbay.com will take reasonable efforts to ensure that when Product is no longer available, offers thereof are discontinued on moonkalkbay.com. However, we cannot guarantee the availability of Product. When Product is no longer available after you have placed an order, moonkalkbay.com will notify you thereof and reject your order or cancel the Sale, in which event you will be entitled to a refund of the amount paid by you for such order in the form of a voucher of the same value as the specific transaction. You also acknowledge that the pricing of Product may change at any time without notice to you, but no price change will affect any Product ordered in respect of which you have received an Acceptance Notice, except in the case of an obvious pricing error. In the event of an obvious pricing error, we may reject your order or cancel the Sale at any time and you will be entitled to a refund of the amount paid by you for such order in the form of a voucher for the specific amount of the specific order. We cannot and do not guarantee that the Product will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Product.
For each order, you will be charged: The total Product price due; inclusive of a Courier Delivery, if stated free as per offered product; a Courier Delivery service fee by moonkalkbay.com if applicable if the delivery is not indicated as free and deemed deliverable by moonkalkbay.com; individual product is not deliverable and won’t be offered on order from moonkalkbay.com. If specifically requested by you, moonkalkbay.com will provide you with a VAT invoice for any fees charged. Please contact moonkalkbay.com directly via email if you require a VAT invoice in respect of the purchased Product. If moonkalkbay.com fails to provide you with the invoice within 5 business days after your request, you may notify us thereof via telephone or e-mail and we will endeavour to obtain and provide you with the required invoice as soon as possible.
moonkalkbay.com will receive payment of all order charges. Payment for your order can be made in the following ways: Credit Card or Debit Card: Payment by credit or debit card may only be made when an order is placed via moonkalkbay.com. Where payment is made by credit or debit card, we may require additional information in order to authorize and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by moonkalkbay.com or under moonkalkbay.com control, and for which you acknowledge moonkalkbay.com is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will moonkalkbay.com store your credit or debit card details. We are entitled to withhold processing the order until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order for the Product will be cancelled. You warrant that you are fully authorized to use the credit or debit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges; you warrant that you are fully authorized to use the credit or debit card supplied for purposes of paying the order charges. You also warrant that your credit or debit card has sufficient available funds to cover all the order charges ; and Instant EFT : Payment by instant EFT may only be made when an order is placed via moonkalkbay.com Where payment is made by instant EFT, we may require additional information in order to authorize and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by moonkalkbay.com or under moonkalkbay.com control, and for which you acknowledge moonkalkbay.com is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will moonkalkbay.com store your instant EFT details. We are entitled to withhold processing the order until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order for the Product will be cancelled. You warrant that you are fully authorized to use the instant EFT details supplied for purposes of paying the order charges. Bitcoin: Payment by bitcoin may only be made when an order is placed via moonkalkbay.com where payment is made by bitcoin, we may require additional information in order to authorize and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by moonkalkbay.com or under moonkalkbay.com control, and for which you acknowledge moonkalkbay.com is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will moonkalkbay.com store your bitcoin details. We are entitled to withhold processing the order until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order for the Product will be cancelled. You warrant that you are fully authorized to use the bitcoin details supplied for purposes of paying the order charges. If you have a promotional coupon or discount (“Coupon”) that you wish to use with your order, you may only do so via moonkalkbay.com.
DELIVERY OF PRODUCT
If you order Product from moonkalkbay.com or its nominee you are required to indicate the physical address to which the Product should be delivered (“ Delivery Address”); you are not allowed to change the Delivery Address after submitting your order; and (iii) you will only be allowed to order Product for locations within the prescribed range (as determined by moonkalkbay.com) Where you have ordered Product, it will be delivered to you by way of Courier Delivery and you have received an Acceptance Notice: the Courier will endeavour to deliver the Product to you by the estimated delivery time specified in the Acceptance Notice, however, delivery times are not guaranteed and may be adjusted by us in our reasonable discretion. Events outside of the Courier’s control such as traffic, inclement weather conditions and delays by the Distribution Centre in relation to your order may result in a delay of the delivery of the Product, but the Courier will continue with its efforts to deliver the Product to you as soon as possible in the circumstances; and our obligation to deliver the Product is fulfilled when the Courier delivers the Product to the Delivery Address. The Courier is only responsible for the delivery of the Product to the Delivery Address. The Courier arrives at the Delivery Address and you fail to open the door or respond to its telephone calls within 10 minutes, the Courier may leave the premises, taking the Product with it, and you will remain liable for payment of all order charges. If you are not able to be present at the Delivery Address to accept delivery of the Product, it is your responsibility to arrange for someone else to accept the delivery at such address. Neither moonkalkbay.com nor the Courier is responsible for any loss or unauthorized consumption of Product, after the Courier has delivered the Product to the Delivery Address.
We shall take all reasonable efforts to accurately reflect or inform you of the Product description, availability, purchase price, Courier Delivery service charges if not indicated as free via moonkalkbay.com However, should there be any errors of whatsoever nature on moonkalkbay.com (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid by issuing a voucher for the same value of the specific transaction.
We want you to be happy with your purchase. Please let us know by telephone or email as soon as possible if there is a problem with your Product quality, if you receive the wrong Product or if you receive Product which is not as described on moonkalkbay.com. Save where we determine in our sole discretion that the cause for the complaint was due to the fault of moonkalkbay.com, we will communicate your complaint to the relevant party, and thereafter the matter will need to be resolved by the parties to the Sale of Product, being you and the Courier, and moonkalkbay.com shall bear no liability in relation to such complaint.
moonkalkbay.com may from time to time make Coupons available for use on moonkalkbay.com towards the purchase of Product. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. Coupons are issued in moonkalkbay.com sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself: each Coupon can only be used once; only one Coupon can be used per order; only one Coupon can be used per person per promotion/campaign on moonkalkbay.com; a Coupon must be used at check-out – it cannot be used later on existing orders; the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. However, if you use a Coupon and your order is rejected or your Sale is cancelled, your Coupon will be made available for use again. moonkalkbay.com is not responsible for any loss or unauthorized use of a Coupon.