1. INTRODUCTION

Honeey.co.za is a company that mainly operates within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) including all amendments and regulations thereto. Honeey.co.za provides an online web platform for the sale and supply of goods to customers.

  1. USE OF THE WEBSITE AND ONLINE PLATFORM

Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.

  1. DEFINITIONS AND INTERPRETATION

In this Agreement, unless the context otherwise requires, the following definitions shall apply:

"Agreement" means this agreement between Honeey and the Consumer or Retailer subject to the terms and conditions set out below

"Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.

"Consumer" means a Consumer in terms of the Consumer Protection Act 68 of 2008.

"The Consumer Protection Act" means the Consumer Protection Act 68 of 2008 (the “CPA”)

"The Protection of Personal Information Act of 2013" means the Protection of Personal Information Act of 2013 (the “POPI”)

“Privacy Policy” means the Privacy Policy available on Honeey's Website or Online Platform which the Consumer or Retailer assents to.

“Shopping Cart” means any and all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. Honeey reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 60mins only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and Honeey cannot guarantee the availability of items in the user’s shopping cart.

“Checking Out/Check Out” means any and all goods selected by the Consumer or Retailer which are then confirmed and accepted by User in completion of the transaction.

“Contract” means the completion of an order and commencement of a legally binding agreement between Honeey and the Consumer.

"Order" means a purchase completed or submitted by means of Honeey’s Website or Online Platform.

“You/Your” means the Consumer or User of the Honeey Website or Online Platform including both Consumers and Retailers.

“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the Honeey Website or Online Platform.

"Website or Online Platform" means the Honeey Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.

Where the context permits, words denoting:

(a) persons shall include bodies corporate and unincorporated associations of persons;

(b) the singular include the plural and vice versa; and

(c) one gender shall include any gender.

All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.

  1. FORMATION OF A LEGALLY BINDING CONTRACT

Honeey offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers or Retailers via electronic or other transaction methods. Upon registering on Honeey’s Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of Honeey’s services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with Honeey.

  1. ACCEPTED PAYMENT METHODS

Honeey reserves the right to obtain validation of the User’s payment details before delivery of the Goods. Once payment has been made for an order, the Order remains valid as an offer until Honeey issues a Confirmation of Order or a notice revoking the Order as the case may be. All goods shall remain the sole property of Honeey until payment has been effected in full by the User. Once payment has been effected a valid sale shall have been concluded encompassing an offer by Honeey and acceptance by the User. Honeey is not responsible for the use of the customers debit and credit cards. Honeey offers the following methods of payment in completion of your transaction:

5.2 PAYMENT VIA CREDIT AND DEBIT CARDS

Honeey.co.za accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions shall be secure by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed or misused. Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The User warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.

5.3 PAYMENT VIA ELECTRONIC FUNDS TRANSFER (E.F.T)

Honeey shall accept payment of funds at its sole and exclusive discretion via electronic funds transfer which requires the User to transfer funds directly from his/her bank account into Honeey’s account through electronic banking systems. If this method is available the User will be redirected to Honeey.co.za’s secure payment gateway and asked to required to select his/her bank. The details for the EFT payment will then be displayed, along with instructions regarding references and details of payment. All EFT payments shall require proof of payment to be sent to our designated EFT payments email address before the order is processed honeeyhelp@gmail.com. Should the proof of payment not be received, Honeey.co.za reserves the right to request same and/or within a reasonable time cancel the transaction. Honeey.co.za reserves the right to charge any additional banking or service fees which may be incurred by means of this payment method. Please note all EFT or Cash Deposit take 5-7 working days to reflect.

5.3.1 All payments must be cleared in our designated bank account before store credit is issued.

5.3.2 Where the consumer elects to pay via eft, the following terms shall apply:

  1. a) The store credit will be issued only once the payment amounts clear in Honeey’s banking account.
  2. b) The consumer may be liable for payment of a R 60.00 surcharge for the cash payment fees.

5.3.3  PAYFAST Payment Method

5.3.3.1 PayFast is an external payment portal option available to all customers. Where a customer elects to make use of Payfast as a method of payment, he/she understands and accepts that the onus on full payment remains at all times with the customer. Any payment shortfalls or additional charges shall be for that customer’s account.

5.3.3.2 Honeey shall not be liable for discrepancies in payment or addional charges levied in transactions when customers make use of the Payfast platform and service. Honeey shall not be laible for improper use on customers credit cards and debit cards. the customer is liable for all payments made with there payment methods.

DISCLAIMER

OUR SHOES ARE CLASIFIED AS UNAUTHARISED AUTHENTICS. THEY ARE REPLICAS.

    5.3.4 SUPPLY OF GOODS - South Africa

    Honeey.co.za shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Honeey.co.za makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Honeey.co.za makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While Honeey.co.za endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Honeey.co.za, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Honeey.co.za shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Goods being collected can be done by proof of order number or email address. Please ensure your order number and order information is kept confidential.

    1. QUALITY OF GOODS

    6.1 Honeey.co.za shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Honeey.co.za makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Honeey.co.za makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While Honeey.co.za endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Honeey.co.za, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Honeey.co.za shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Please email honeeyhelp@gmail.com for more information about ordering from outside of South Africa 
    All costs quoted exclude any clearance charges that are required by the client in the country.

    1. RETURNS POLICY

    7.1 Honeey will accept returns

    While honeey.co.za makes every effort to accommodate its users, consumers and retailers, our Returns Policy has to be one that is both reasonable and in strict accordance with the relevant aspects of the Consumer Protection Act  of 2008 (CPA) and its regulations as amended.

    Returns can only be done within 14 days from date of purchase.

    The Act permits returns within the first* 6 Months* in the following circumstances;

    1. Where goods have been incorrectly supplied. an example of this is where a user orders goods and receives goods that are substantially different from what was ordered. Honeey will then have the incorrect goods picked up and the correct goods delivered at no charge to the consumer.
    2. Where the goods sold are materially defective. materially defective means that the goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the item. Honeey reserves the right to inspect the goods once they have been returned before offering the consumer recourse on the matter, which will include
    3. a) A full refund where the goods are found to be materially defective OR
    4. b) A credit to the value of the goods
    5. c) A replacement of the goods
    6. Materially defective here excludes minor scratches, dents, marks or defects which do not affect the usage or enjoyment of the goods.
    7. All goods purchased from Honeey via the website or online platform within 5 days of purchase, also known as the “cooling off” period in terms of the consumer protection act (the “CPA”) Honeey will only accept returns if the goods are in their original packaging, unused and the consumer is able to provide a valid, dated proof of purchase

    7.2 Honeey will not accept returns

    1. The consumer protection act (the “CPA”) specifically excludes “buyer’s remorse” and Honeey reserves the right to reject returns that are sought because the consumer has “changed his mind” or not longer wants the item after the purchase has been made
    2. Where the goods have been damaged due to ordinary wear and tear or worn out in the ordinary course of use.
    3. Where the goods have been purchased from other retailers and not Honeey.
    4. Where the goods fall into one of the following categories:
    5. a) Underwear, sleepwear or lingerie
    6. b) Goods that have been personalized or custom made
    7. c) Goods that have been specifically ordered for the Consumer and are not in ordinary stock
    8. d) Goods that may pose a health or safety hazard if returned or reused. Food and drink products may not be returned
    9. e) Earrings, including studs, piercings, hair pieces, attachments and other personal body items due to health and safety considerations.
    10. f) Electronic goods, where such goods have been opened, tested or used due to the nature and sensitivity of electronic components.
    11. g) "Allconsumable food items which are purchased constitute a non-returnable product due to Health reasons"
    12. Where goods have been incorrectly supplied. an example of this is where a user orders goods and receives goods that are substantially different from what was ordered. Honeey will then have the incorrect goods picked up and the correct goods delivered at no charge to the consumer.
    13. Where the goods sold are materially defective. materially defective means that the goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the item. Honeey reserves the right to inspect the goods once they have been returned before offering the consumer recourse on the matter, which will include;
    14. Where the goods have been willfully damaged or have been damaged by the gross negligence of the consumer or retailer.Where the goods have been damaged by force majeur, or an act of god such as inclement weather, natural disaster, power failure, electrical surges or circumstances outside of Honeey’s control.
    15. Honeey reserves the right to hold the consumer liable for delivery charges in the event of one or more of the above circumstances being the reason for return of the goods.
    16. Cash refunds will be processed 7 (seven) to 14 (fourteen) working days from date of refund being accepted and return validated. Refunds shall be made to the banking details from which the order was placed, or to the banking details provided to Honeey on signing up or account creation.
    17. Returns are only applicable to customers within South Africa
    18. No free returns are accepted outside of South Africa, All returns are from outside of South Africa are at the consumers costs. Any exchanges are at the consumers cost
    19. If a customer requests Cash refund and the basket value drops below the Free Transport or Promotion validation price, Then the customer is liable for any charges deemed by Honeey.
    20. If a customer requests store credit and the value of the order drops below the Free Shipping total. We will issue you store credit less the shipping fee that was liable.
    21. Cash refunds that are requested after the 15th of December each year shall only be processed after the 15th of January that succeeding year as the admin accounts of Honeey are closed during this period.

    7.3 HONEEY.CO.ZA EXCHANGES

    7.3.1 Honeey reserves the right not to process exchanges for any reason whatsoever, subject to sections 55 and 56 of the Consumer Protection Act of 2008, as amended.

    7.3.2 Should a customer, consumer or user be unhappy with the colour, type, spec or quality of goods supplied, Honeey shall process a cash refund or store credit to the customer which may be used for the purchase of other goods on the website or online platform.

    7.3.3 Goods that are returned to Honeey shall be treated as returned items and a store credit or cash refund shall be processed to the customer in lieu thereof.

    Should a customer purchase goods which qualify for free delivery (over R800.00) and subsequently require an exchange for items less than R800.00, then that customer shall be liable for shipping charges as determined by Honeey.

    1. DELIVERY OF GOODS

    Honeey currently only delivers with the South African border via the online platform. We do deliver to selected countries out of South Africa in Africa. Please contact honeey.co.za@gmail.com to enquire about delivery into Africa. Honeey shall endeavour to have all orders delivered within 7 working days of the order being placed in South Africa. However, the delivery time may vary depending on external factors beyond Honeey’s control. Honeey shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. While Honeey endeavors at all times to adhere to previously stated delivery times and schedules of 7 working days, during promotions and special sale events  delivery times and schedules may be varied due to the influx of customer orders. During such promotions and promotional events, delivery of goods shall be 10 to 15 working days from date of confirmation of order but may be delivered before such time. Deliveries may be delayed due to force majeur, logistical, promotional and other considerations. Where stock is sold out due to the above factors, Honeey shall endeavour to assist customers by offering similar goods or products or store credit or refund in lieu of such shortages. Risk on delivery shall pass to the Consumer upon delivery, unless the Consumer arranges to have the goods picked up or employs the services of his/her own delivery company, in which case risk shall pass to the Consumer upon collection of the goods. No deliveries shall be made to P.O Boxes or LOT No’s or outlying areas which are not accessible by delivery companies. The onus remains with the Consumer to ensure that an accessible physical address is provided.The Consumer has a duty to ensure that the goods are inspected upon delivery, and to notify Honeey within 48 hours of any defects, damages or incorrectly supplied goods. Delivery charges shall be detailed with each individual order and may differ based on the size, type and quantity of goods ordered by the Consumer or Retailer.The User or Consumer agrees and accepts that should the he/she change the order, delivery address or specifications after an order has been dispatched, then there shall be delays with the date and time of delivery based on logistical considerations. Any request to change an order that has been placed must be done via email and this will result in a 24-48 hour delay.

     

      8.2 DELIVERY CHARGES

      8.2.1 Honeey offers free delivery within South Africa for any order over the value of R1500-00.  Should the customers order be under R1500.00, a R99-00 transport charge will be applicable. 
      If the customer pays for shipping and returns any product, the shipping charge that the customer has paid will not be refunded. 
      Returns that have qualified for free shipping and returns and item dropping the value under the free shipping threshold will be liable for the standard R99 shipping charges.

      8.2.2 Delivery charges to any African country outside of the South African boarder that are calculated on the Honeey website are subject to final packing. All prices quoted to any country from South Africa into Africa exclude any customs and duties charges applicable. It excludes any addition customs charges that may be applicable.

       

      1. CANCELLATION POLICY

      9.1 The Consumer may at any time prior to the order being finalized and confirmed online via completion of the transaction, cancel the order at no charge to him or her. Once the order has been confirmed and finalized however, Honeey reserves the right to charge a reasonable handling or administrative charge which may be up to 10% of the purchase price of the goods in accordance with the Consumer Protection Act (the “CPA”) Honeey reserves the right to cancel any order where there is suspicion of fraud, misconduct or other criminal activity and to refuse the supply of goods in such circumstances. The Consumer may not unilaterally cancel the transaction, subject to the terms of the Returns Policy in Clause 7 above. All cancellation of orders must be done in writing from the account holder related to the purchase and refunds shall take 7-14 working days to process. If cancellation are done after an order has been shipped, the customer shall be refunded only once the order has been returned and validated in the warehouse at Honeey and that account holder may be liable for shipping charges.

         10.Free delivery terms

      10.1 Honeey offers free delivery to consumer for orders over the value of R1500.00 The free deliveries are subject to the following conditions:

      • The total basket value of the purchase must be R 800.00 or more. This may constitute a single item, or multiple items totaling R 1500.00 or more.
      • Should the consumer return one or more item after having received the free shipping, thereby dropping the total basket value or total value of the purchase to below R 1500.00 then that consumer shall be liable for shipping charges as determined by Honeey.
      • Honeey reserves the right to levy shipping charges at its discretion where there has been abuse or misuse by consumers of the free shipping offer.
      • A R60-00 transport charge will be applicable for orders under the total value of R1500.00 If the customer pays for shipping and returns any product, the shipping charge that the customer has paid will not be refunded. 

       

      • 11 LIMITATION OF LIABILITY

      11.1 Unless otherwise provided in any further written agreement, Honeey shall not be liable to Consumersor Users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use of Honeey’s Website or Online Platform or the supply or resale of any goods or services.

        12 INFORMATION AND DATA PROTECTION - POPI

      12.1 In this clause the terms "data subject" and "process" have the meanings given to them in the Protection of Personal Information Act of 2013 (POPI). Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of POPI. Honeey shall ensure that all information collected from Consumers, Retailers and Users shall be collected for the specific purposes of interacting, transacting and conducting business, including information obtained for the purposes of marketing and advertising. Honeey warrants that it has appropriate technical and organizational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement. Honeey will co-operate with and assist any Consumer, Retailer or User at no charge in allowing data subjects to exercise their rights under the The Protection of Personal Information Act of 2013 and will comply with any reasonable request made by Consumers, Retailers or Users to ensure compliance with the measures mentioned in the Act. The Consumer, Retailer or User warrants that it will notify Honeey immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.

      12.2 If Honeey becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:

      (a) immediately notify the Consumer, Retailer or User of the details of the incident and

      (b) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Consumer or User

      13. GENERAL

      13.1 This Agreement together with relevant provisions of the Privacy Policy constitutes the entire agreement between Honeey and the Consumer, Retailer or User and supersedes all previous agreements and arrangements (if any) whether written, oral or implied. The Consumer, Retailer or User acknowledges that, in entering into this Agreement, it has not relied on any representations by Honeey, made before the execution of this Agreement other than those expressly set out in this Agreement. Any amendments to this agreement shall be provided to the Consumer, Retailer or User upon the next usage of the Website or Online Platform and continued usage thereof shall constitute acceptance of such agreement. All images and information relating to logos, fonts, brands, products, content, pricing, sizes, specifications, and other proprietary information, hosted on the website or online platform  remain the sole and exclusive property of Honeey. Copying, distributing, usage, dissemination, alteration, and manipulation thereof without the express written consent of Honeey is an offence and shall be punishable to the full extent of the law. Any notice required to be given under this Agreement shall be given in such manner as is expressly provided below in terms of this agreement shall be given in writing signed by a person duly authorised by the sending party and delivered by hand, e-mail or registered mail to the recipient at its address specified in this Agreement (or as otherwise notified from time to time to the sender by the recipient for the purposes of this Agreement).

      13.2 This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;