These Terms and Conditions constitute the entire agreement between you, the customer, and Manicaa Online (Pty) Ltd ("Manicaa.com", "us", "we", "our"). If you visit or shop at Manicaa.com, or if you create hyperlinks to Manicaa.com, you accept and agree to comply with the most recent version of this agreement in its entirety. When placing an order, the agreement in force at the time of your placing the order will apply to that order and its related transactions. Any hypertext links from this agreement to text elsewhere on this site shall be deemed to form part of this agreement.
We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our web site, and your continued use of the site implies your acceptance of the agreement as amended.
All rights in all content including but not limited to copy, images, software (including code, interface and website structure) and the design, look and feel, and format of 'the site' are owned by us. You agree that you are permitted to use material and/or content only as set out in these Terms and Conditions. No other use is permitted without express authorisation by us in writing and, where given, you agree not to, in part or full, copy, transmit, distribute, exploit commercially, amend, translate, share with or make available to any other person any such material or content or create derivative works of such material or content.
Intellectual Property :
We are the sole owners and authorised users of all trademarks, service marks, design marks, patents, copyrights, database rights, image rights for photographs contained on 'the site' and all other intellectual property appearing on or contained within 'the site' including but not limited to the page design and layout and the source code. Except where provided for under these Terms and Conditions, use of 'the site' does not grant any right, title, interest or license to you of any such intellectual property and any use or reproduction of the intellectual property is prohibited.
No hidden fees or buying obligations :
There are no fees for registering, or for having an account, with Manicaa.com. There are no buying obligations – you order what you want, when you want to.
No unsolicited emails :
You do not have to agree to sign up for our mailing list. You can opt-out of our mailing list, at any stage, on the website or by contacting us directly. You can choose whether or not you want to receive availability notifications for wishlist items.
We take steps to protect your privacy and comply with all applicable South Africa data protection legislation in place at the time of your use of 'the site' in respect of any personal information relating to you gathered by us.
Security Policy :
We take security very seriously. Our servers have been rigorously checked to ensure that they are not vulnerable to unauthorised access and activity on the servers is continually monitored.
Section 56 of the Consumer Protection Act may also apply to your order. Section 56 will only apply if:
If you qualify as a consumer in terms of the CPA then all of our goods sold to you are sold with an implied warranty of quality against any defects for six months of normal household or business use, from the time we supplied the goods.
Defective goods are those that had a defect or were unsafe when we supplied them. A defect usually means that the goods were manufactured using materials, components or workmanship below an acceptable standard. You must prove that goods are defective.
We will replace, repair, or refund the price of any defective goods that you return to us during the six-month statutory warranty.
We will refund the reasonable postal and insurance costs of returning defective goods. We may inspect the goods to confirm that they are defective before we do so.
Our customer services department may tell you that they do not believe you have a claim, for example because the warranty period of the goods has expired. In this case we may refuse to replace goods or refuse to pay a refund
Deliver the defective physical goods under warranty to us or post them by normal prepaid registered post, insured against loss, damage and theft. The street and postal addresses for all returns are the same as for our customer services department, details of which are below.
Once we have received the package, we will notify you that we have received the physical goods. Please allow 10 working days from the date on which you sent the envelope or package for it to reach us. If we have not notified you within 10 working days, please contact the postal service that you sent the package through and try and establish whether it has been delivered to the correct address.
If you claim that our goods are defective, our technicians will examine the goods for defects. In the case of physical goods, our technicians will examine the actual goods. They will report to us whether the goods were defective, were misused or are of good quality. If our technician reports that the goods were misused, were of good quality, were not provided to you for a specific purpose or were suitable for that purpose, then we will not replace or refund the goods.
If you choose for us to replace or repair the goods, we will contact you as soon as reasonably possible to organise the necessary steps to repair or replace the goods.
If you choose for us to make a refund, we will contact you and arrange payment of the refunded amount into a bank account of your choice within 30 days of cancellation.
If we do not accept that we supplied defective or unsuitable goods, and our customer services department has not been able to help, any customer may still take the matter up with the consumer goods and services ombudsman or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have.
We aim for complete customer satisfaction. We respect our customers’ rights and always try to comply with best practice and all relevant laws. If you are not satisfied with any of our goods, or have any questions, please contact our customer services department and have your invoice ready. We will try our best to solve your problem.
Incorrect items :
We will either replace the item or refund you for any item that you receive that does not match the description advertised on the website. We will usually need you to return the item to us at no additional cost to yourself.
Warranty support - computers and electronics :
All COMPUTERS and ELECTRONICS products sold on Manicaa.com (excluding Gaming Consoles) carry their full manufacturer's warranty, unless otherwise specified. Such warranty is usually, but not limited to, 12 months and if not stipulated on the Manicaa.com website can be requested by contacting firstname.lastname@example.org . Items under warranty are sent to the relevant supplier or official service centre for repair or replacement. Such Manufacturer Guarantee is restricted to the costs of repair or replacement of faulty goods or refund of the purchase price at the sole discretion of Manicaa.com and its suppliers after investigation and/or testing of goods. Defective software may only be exchanged for the identical item.
All Hardware Manufacturer Guarantees are immediately null and void if equipment has been tampered with, warranty stickers have been removed, seals on equipment have been broken by anyone other than the manufacturer’s representative or if the goods have been operated outside the manufacturer’s specifications.
Under no circumstances will manicaa.com be liable for any damage arising from any misuse or abuse of the goods. Loot.co.za cannot be held responsible for any data loss whatsoever from storage media returned for exchange or repair.
Please ensure that all games and software are compatible with your current hardware, operating system or console as manicaa.com cannot be responsible for system incompatibilities. System requirements are usually available on the publisher’s official website. If you are still unsure of whether the item is compatible with your system, please contact email@example.com for further confirmation.
The prices displayed are inclusive of 15% VAT. Delivery costs are charged separately on check out and do not form part of the product price displayed.
Though we endeavour to ensure that the prices displayed on the website are accurate, we offer several million products for sale at any time and it is impossible for us to monitor the prices of all individual products manually. While we go to lengths to ensure that the prices we display are accurate, we are reliant on our suppliers for providing accurate pricing information and as a result it is possible that erroneous prices may be displayed from time to time. In such cases, we shall not be obliged to sell the product at the erroneous price and will correct erroneous prices as soon as we become aware of them.
As part of our service, we source products from all over the world and the prices we display for products on our website will fluctuate with exchange rates, and as our suppliers change their stock holdings and pricing. Displaying a price on the website does not constitute any undertaking by us to maintain that price for any length of time. We will always endeavour to complete your order at the price quoted at the time that the order was placed, but in cases of erroneous pricing or where our suppliers deplete their reserves of specially priced stock, we may cancel all or a portion of your order and fully refund any advance payments that you have made toward the affected products.
If you pay by credit card, we will authorise (reserve) the amount of the order at the time of the order being placed and we will debit the card as soon as we actually start processing the order. Any subsequent cancellations will be refunded to the card.
We do not store your credit card details. Our acquiring bank allows us to transact on cards that we've used in the previous 6 month period by using partial card details and referring to the previous successful transaction on that card. If applicable, you can choose to pay on your previously used card during the checkout process.
We may require further authentication on credit card payments, which we will request from you after you have submitted your payment.
If you pay directly into our bank account and need to be refunded, we will refund the amount to your manicaa customer account.
All refunds will be credited to your customer account.
There is no interest payable on the balance in your customer account.
For deliveries we use the Courierit, Courier Guy, South African Post Office, Fedex (door-to-door deliveries), and Speed Services Couriers (express counter-to-counter deliveries). We reserve the right to use any other service providers as needed.
You need to ensure that you provide us with a valid delivery address and contact number and choose the correct delivery address and delivery method during the checkout process.
For further information regarding our delivery rates and terms & conditions see delivery page.
Please contact us firstname.lastname@example.org if you do not receive your parcel within the estimated delivery time provided and we will happily assist in locating it.
You accept that in order for us to prove delivery of an order, or part thereof, we do not have to prove that you personally received the goods, but that any person at the delivery address specified on your order signed for the delivery.
In the case of post office or depot collections, we need to prove that somebody, not necessarily you, collected the delivery from the depot or post office. Unfortunately, proof-of-delivery records cannot be retained indefinitely and if a delivery has been dispatched by us and not reported missing by you within six months of us having dispatched it, the package will be deemed to have been delivered without us having to provide proof of delivery.
Should a delivery be returned to us as undeliverable, we will let you know and request that you to make arrangements to either have the parcel collected from us or re-delivered to you. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such request being made.
Should you choose to collect your order or parts thereof from us, we will let you know once each parcel is ready for collection. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such notification being sent.
Should you receive a delivery where the contents of the package do not match the items listed on the dispatch note included in the package, you agree to notify us without delay and we will not be liable for shortages not reported within seven days of you having received the package.
Delivery made to areas outside of the delivery areas of our service provider will be charged at higher rates and must be paid by the customer in addition to the price of the product purchased.
Age restrictions and age suitability :
The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such products ordered by you on the Website (including wine and spirits, DVDs and Blu-Rays), that these restrictions are observed, that you are over 18 in the case of Wine and Spirits, and that any product bought is age appropriate. Accordingly, you indemnify Manicaa.com from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the manicaa.com Website registration process.
Delayed & Cancelled orders :
Most orders are dispatched on time but unfortunately, unexpected delays can occur and we may not be able to dispatch items within the schedule provided. Items can run out of stock or be discontinued without warning, and we may not be able to fulfil orders for that item. We will do our best to keep you informed of any unexpected delays, stock shortages or discontinued items.
If we are not able to dispatch or deliver an item to you within the schedule provided, you may refuse a delivery, cancel your order or return the parcel to us, and we shall refund you in full.
Agreement of sale & cancellations :
An order is placed with us only after you have clicked on the [Pay for this order] button. Your order is an offer to purchase the goods from us. We only accept your offer once we have dispatched the goods or you have collected them from us. We do not need to communicate our acceptance to you.
Placing an item in your cart does not constitute an order and we cannot be held liable if the item is no longer available, or if the price has changed by the time the checkout process is completed.
We reserve the right to cancel an order at any point in time without giving any reasons. In this case, we shall be liable to refund any money already paid in respect of that order.
Please note that our website will show an item as being available even if only one unit is available to purchase. If you order multiple units of the same item, we may not be able to supply additional units at the same price, within the same time frame, or in some cases, at all. Please contact us to check availability of multiple units prior to placing an order.
Should you wish to cancel all or part of an order, please send your cancellation request to email@example.com. Please note, however, that we may not be able to cancel items from an order if they have already been dispatched by our suppliers.
Competitions will be subject to terms and conditions and these are provided during the time the competition runs.
Promotional Vouchers :
Promotional Vouchers cannot be transferred or redeemed for cash. If you are claiming a voucher which has been distributed for Marketing purposes, then only 1 voucher can be claimed against an order i.e. only 1 voucher per order, per customer will be allowed. Manicaa.com reserves the right to terminate or expire promotional vouchers at any time at their own discretion.
VAT and 3rd Party Services :
While we will endeavour to ensure pricing is updated when the VAT rate changes on 1 April 2018, the pricing for Manicaa.com items depicted on certain 3rd party services including Pricecheck and Google Shopping may temporarily be inaccurate until such time that such services update their systems to the new prices.
Using and Accessing manicaa.com :
This site is for personal use only. You may not make use of content from this site, whether direct or derived, for any commercial purpose whatsoever. You may not use any form of automated search or download technology to access this site unless it is according to the guidelines set forth in our https://www.manicaa.com/robots.txt file. You may not frame or utilise framing techniques to enclose any content on this site without our express written consent.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to manicaa.com web pages as long as such links do not portray manicaa.com or its affiliates or products or services in a false, misleading, derogatory, or otherwise offensive matter.
Disclaimer and limitation of liability :
This site is provided "as is", and you use this site at your own risk. Neither Loot.co.za, its directors, employees, affiliates, agents or suppliers shall be responsible for any damages or loss resulting from or relating to the use of this site or any of its content, irrespective of the cause of the damages.
We make no representations or warranties of any kind, whether express or implied.
We disclaim all representations and warranties including but not limited to the site and its availability, the content of the site or the accuracy thereof, product availability and delivery times, merchantability or fitness for a particular purpose of information, goods or services.
Force Majeure :
No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, or acts of God.
If there is an event of force majeure, the party affected will tell the other immediately, and they will meet within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.
If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.
Changes and acceptance of terms :
We may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on our website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
If you do not agree with the changes, you must stop using the service. If you continue to use the service following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them.
Any favour we may allow you will not affect or substitute any of our rights against you.
If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this agreement if it does not change its purpose.
Governing law :
This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.
contact number is 011 568 7639. Our email address is firstname.lastname@example.org. We will always try to be as helpful as we can and solve any problems promptly.