Terms & Conditions
Macaroon Collection is a business in the fashion industry that retails fashion, accessories and other related products both online and from a store.
Please take a moment to read the terms and conditions of our website to ensure you fully understand how they apply to your online purchases.
If you have any questions regarding our website, the Terms and condition and / or our products, please contact us.
Email - email@example.com
TERMS & CONDITIONS APPLY
Website Terms and Conditions of Use Relating to www.macarooncollection.co.za;
This website is managed by Macaroon Collection (Pty) Ltd based in South Africa – Reg. no 2013/125836/07.
These Terms and Conditions ("the Terms and Conditions") govern your ("the User") use of the Macaroon Collection (Pty) Ltd ("Provider") website located at the domain name www.macarooncollection.co.za ("the Website"). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
Consumers who make use of this site agree to these terms. If not, consumers are requested not to use this site.
The use of this site is subject to the following terms and conditions as well as the governing laws of South Africa.
Macaroon Collection chooses as its domicillium citandi et executandi for all purposes under this agreement, weather in respect of court processes, notices,or other documents or communication of whatsoever nature to be 9 Sussex Estate, Sussex Ave, Lynnwood, Pretoria. Please note that is is our registered business address and not our trading / shop address.
Consumers engaging in online purchasing are to familiarise themselves with the Electronic Communications and Transactions (ECT) Act - you can read this at http://www.internet.org.za/ect_act.html
Please note that the ECT Act contains provisions specific to consumer and retailer rights and responsibilities which overrule certain provisions within the Consumer Protection Act.
Macaroon Collection take responsibility for all aspects related to the transactions for the sales of goods on this website, customer service and support, dispute resolution and delivery of goods.
The use of any product bought from this Website is at the purchaser's risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
All orders will only be confirmed and commerce processing once FULL payment has been received.
Macaroon Collection reserves the right to cancel any order for any reasons they deem fit. Should such a situation arise, Macaroon Collection will issue a full and immediate refund to the client for the canceled order
Please note that certain products are MADE TO ORDER – this is clearly stated in the product information section of each individual product.
All goods remain the property of Macaroon Collection until paid for in full.
All prices as on the website, online store and Facebook are subject to change – correct prices will be indicated on the invoice.
Prices as on the online store take preference over all other prices published on and in any other marketing formats.
Macaroon Collection is a VAT registered vendor and as such all prices are inclusive of VAT. VAT no 4530268780.
All payment will be processed in South African Rands (ZAR)
For international orders - Although you are able to see the price of a product in your currency of choice, all transactions are processed in South African Rands (ZAR) and therefore there might be minor discrepancies in amounts when it comes to the checkout due to currency conversion process.
Purchases made via the online store must be paid for using the payment gateway options given.
PayGate (Pty) Ltd re the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest for of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website.
Customer details will be stored by Macaroon Collection separately from card details enters by the user on PayGate;s secure site.
Payments may be made via Visa or MasterCard. Regrettably we do not accept Diners or American Express Cards.
Users may go to www.paygate.co.za o view further details regarding this gateways security certificate and security policy.
Paygate also has an Instant EFT payment option from South African bank accounts using the SiD (Secure Internet Deposit) EFT service.
i-Pay / Ozow
i-Pay enables you to make a secure automated EFT payment. Once payment is successfully completed your order can be dispatched immediately without sending a proof of payment or waiting for funds to clear. For more information visit https://instant-eft.i-pay.co.za
As of 7 October 2019 - Macaroon Collection no longer accepts payments via Zapper. Please use one of our other safe and secure Payment options.
Direct Bank deposits
Should you prefer you can make a direct EFT bank deposit into our account. The necessary banking details will be sent to you in your order confirmation email, once your order has been placed.
Thank you for your order - an email with the necessary banking details will be sent to you shortly. Orders not paid within 48 hours will be cancelled.
Payments via the other payment options take preference over and above Direct Bank Deposits
Please email your proof of payment to - firstname.lastname@example.org
Order will only be confirmed once payment REFLECTS in our bank account
Purchases made telephonically or by email:
- An order will be generated and emailed to the client
- Payment must be made via EFT within 48 hours or in cash upon collection. Our banking details are on all invoices. Proof of payment is to be emailed to us.
- Failure to make payment within 48 hours cannot guarantee the purchase of the item for the client. Items not paid for within the 48 hours will be put on sale again.
- Payment will be deemed as made once it has reflected in Macaroon Collection's bank account. Please take this into account when making your payments.
Made to order products - Full payment is required on all made to order or special orders before Macaroon Collection will order such items for a client
A contract is concluded between Macaroon Collection and the client the moment we send you confirmation by e-mail that the ordered goods have been dispatched to you. Only those goods listed in the confirmation e-mail at the time of dispatch will be included in the contract.
DELIVERY TERMS – SOUTH AFRICA
Subject to stock availability with suppliers and receipt of payment, orders will be processed within 7 working days from date of payment reflecting
Orders over R1000 qualify for free shipping within South Africa – ** within the terms stated below
For orders less than R1000 courier charges will apply
Upon checkout - the courier options and respective charges will be given to you to select the one you would prefer.
All SALE or PROMOTIONAL items will be subject to a standard courier charge regardless of product or total cart value.
Macaroon Collection reserves it right to use their preferred courier service depending on your location.
To ensure that your goodies get to you safe and sound (and on time), Macaroon Collection makes use of door-to-door courier (main centres) or Postnet-to-Postnet courier (outlying / regional areas) services. We do not use the SA Postal service. You will be notified upon dispatch of your order and rest assured - we can track your packaged every moment as it makes it way to you.
Main centres are classified as:
- Gauteng - All cities and towns within
- Free state – Kroonstad, Welkom, Bloemfontein
- KwaZulu-Natal – Ladysmith, Pietermaritzburg, Durban (and surrounding suburbs), Richards bay, Port Shepstone
- Limpopo – Bella Bella, Polokwane
- Mpumalanga – Witbank, Middelburg, Nelspruit
- North West – Brits, Rustenburg, Potchefstroom, Klerksdorp
- Western Cape – Cape Town and surround suburbs, Stellenbosch, Somerset West, George
- Northern Cape – Kimberly
- Eastern Cape – Port Elizabeth, East London,
All other towns and cities are classified as regional areas and will be sent to the closest Postnet.
Farm addresses and rural areas will also be sent to the closest Postnet
Should you live within a farm or rural area and would like the courier to deliver to your door, please select this option in the checkout process – please note additional charges will apply for this service.
Courier fees are subject to change due to supplier charge increases. Should the courier fees be more than charged upon checkout, Macaroon Collection reserves the right to charge additional courier or send to an alternate address for the client. Macaroon Collection will contact the client and make suitable arrangement in such a case.
Date of dispatch vs. Courier lead time
Subject to stock availability with suppliers and receipt of payment, orders will be processed within 7 working days from date of payment reflecting and handed over to a courier company for delivery (i.e. date of dispatch)
You will be notified once the order has been dispatched and a reference number will be given to you. Orders will take approximately 3-4 working days from date of dispatch (i.e. Courier lead time).
Macaroon Collection used the services of reputable courier services to ensure the timeous delivery of your order. However, unforeseen circumstances may cause delays. Should these circumstances arise, Macaroon Collection will ensue its best efforts to get your order to you, however we cannot be held liable for such delays.
Please provide for extra delivery time over public and / or religious holidays.
Delivery will not be made with cash orders – cash ordered are stickily conducted on a customer collection basis only
Please ensure that the delivery address is correct.We do not take responsibility for incorrect deliveries or delayed deliveries due to incorrect addresses given to us
If the address is not a postal but a physical address, make sure that someone will be available to receive the order at all times (work address).
If the courier is unsuccessful in his attempt to deliver the ordered goods and the order is returned to Macaroon Collection, you will be charged an additional handling fee.
Macaroon Collection does not take responsibility for stolen items, late deliveries or damage caused during the courier of the items. We will ensure that the order is packaged is wrapped as best as possible.
Should you wish to use your own courier services to collect your order from Macaroon Collection, we will gladly assist. No refund or rebate will be provided for the courier charges should you opt to use your own courier services. Furthermore, we do not take responsibility what so ever for the order once the courier service has collected the items. Missing or stolen items, late deliveries or damage caused during the courier of the items with not be subject to replacement or refund.
DELIVERY TERMS - INTERNATIONAL
International delivery to neighbouring countries can be arranged as Macaroon Collection is a licensed exporter.
All International shipping is done by our preferred courier service company - DHL
The delivery / shipping charge is worked out by calculating the size and weight of the order.
Macaroon Collection does its best to ensure that the website calculates the shipping charges correctly – however we reserve the right to charge additional shipping fees post purchase should the combine total order be more than the calculated charges at checkout. You will be contacted should this be the case.
Standard dispatch times apply.
Please note the production time on any MADE TO ORDER products
Subject to stock availability with suppliers and receipt of payment, orders will be processed within 7 working days and handed over to a courier company for delivery (i.e. date of dispatch)
You will be notified once the order has been dispatched and a reference number will be given to you. Orders will take approximately 3-5 working days from date of dispatch (i.e. Courier lead time)
Please be aware that any VAT and customs will be paid for by you on receipt of the goods.
Customs and duties are sadly out of our control and are determined by the customs officers and laws in the country to which the product is being shipped.
You will be contacted by an agent from the delivery company to finalise customs and VAT payments as well as any other handling fees which might be applicable, before the goods can be delivered.
Macaroon Collection cannot be held responsible for the VAT and Customs charges that are payable, as these charges are out of our control and are determined by the customs office in your country.
Please note that your invoice will not show South African VAT.
Please note our international returns policy
RETURNS – SOUTH AFRICA ONLY
Macaroon Collection will not accept the return or cancellation of an order for ANY PRODUCT on the website that is MADE TO ORDER or is of a CUSTOMIZED / BESPOKE nature. Please ensure you carefully read the product descriptions to ascertain which products are made to order.
Returns, refunds and exchanges will not be permitted on PROMOTIONAL / SALE and / or CLEARANCE items
AS per the ECT Act - consumers have a general right to return (a ‘cooling off period’), for seven days after delivery, for any reason, without penalty, but the consumer will be liable for the costs of returning the goods.
If you are not satisfied with any of the products you have bought from us, please notify us at email@example.com within 7 working days of receiving your order.
We will arrange to have the product returned to us via our preferred courier within 2 weeks from date of the notification email.
We reserve the right to levy a 10% administration fee for returned orders (to recover transactional costs) as well as the cost of courier (original cost of sending as well as cost of returning) against the credit note issued.
Cancelled orders before dispatch will be refunded taking into account 10% administration fee (to recover transactional costs).
Macaroon Collection reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet our standards. Should we exercise this right, the User will receive a full refund with no deductions.
Returned items must be returned unused and undamaged, in the original packaging and accompanied with the original invoice. If the original packaging is damaged, please ensure the goods are properly package to ensure that damage does not occur during the return courier.
Macaroon Collection reserves the right to refuse to refund or exchange a product should it be deemed that the product has been used or is not in a condition fit for resale OR and products that you or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorised by Macaroon Collection.
However, Return of defective goods will be at no charge to the client.
As per the Consumer Protection Act, all products have a standard 6 month manufacturing warranty. Defective items may be returned to Macaroon Collection within this period for either repair, replacement or refund.
If the product is found NOT to be defective and is commercially acceptable, you will NOT be entitled to any repair, replacement or refund but will instead be liable for the costs incurred in having had such product returned to Macaroon Collection and well as the costs of redelivering the product back to you.
A product is NOT defective and you will NOT be entitled to any, replacement or refund under the general warranty above if:
(a) The faults/damage are a result normal wear and tear;
(b) damage arising from incorrect usage of the product;
(c) damage as a result of accidents, including water spills;
(d) the item has a reasonable amount of manufacturing or production imperfections, but is acceptable in accordance with the generally accepted commercial practices.
The decision to repair, replace or refund the client remains at the discretion of Macaroon Collection and their respective suppliers.
Once we have received the returned product, we will either repair or replace the product within 30 days or refund you in full for the item within 14 days.
Due to the natural handmade nature of some products – products may differ slightly from the images as on the online store. Every effort has been made to accurately show the size and colour of the products but colours may vary from the pictures. Macaroon Collection may not be held liable for product variations.
Jewellery will not be replaced or refunded. All jewellery that is not sterling silver should be treated as such. It cannot be resized nor should it be subject to harsh chemicals, perfumes or continuous water exposure.
Macaroon Collection's liability is limited to the replacement of defective products. Products damaged due to normal wear and tear or due to negligence will not be refunded or replaced.
RETURNS – INTERNATIONAL
If you have changed your mind about a product, we are not able to facilitate a return because of Customs restrictions. We ask that you look carefully at the product before you make the purchase and as always get in touch us if you have any questions – firstname.lastname@example.org
All items are subject to availability.
Every effort has been made to keep the online store as up to date as possible and to ensure that Macaroon Collection can fulfil your entire order but mistakes can happen.
If you order a product that is not available you will be contacted immediately. The following will thus apply:
- Should it be possible, a product will be ordered for you from the supplier. This may result in a delay of delivery. You can opt to have the items available delivered immediately and the ordered product delivered at a later stage OR the entire order can be held back until it can be delivered as one.
- A suitable alternative will be suggested to you – you may choose to accept this or not
- Should you not be happy with options 1) and 2) we can issue you with a refund for the specific items that is not available.
Macaroon Collection Gift Vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission. Macaroon Collection Gift Vouchers cannot be resold to- or exchanged with a third party. You cannot use a Macaroon Collection Gift Voucher to purchase another Macaroon Collection Gift Voucher. Macaroon Collection Gift Vouchers can only be redeemed online through www.macarooncollection.co.za
USE OF SITE
This site may not be used for any purpose other than to browse the content, and or to make lawful purchases. This site is protected by copyright law and the content provided may not, under any circumstances, be copied, reproduced, republished, uploaded, posted, transmitted or distributed, without the written consent of the board of directors. This includes all images, product descriptions, page content, blog content and so forth. Unauthorised use of this site and / or its content may lead to the infringement of copyright, trademark and / or intellectual property rights.
By the use of this site, users understand that all the designs and trademarks are registered to Macaroon Collection and hereby accept the terms and conditions. Furthermore, users undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should a user be found to be in violation of this agreement, they will be held liable for all legal costs incurred by Macaroon Collection for any civil action or any legal action deemed necessary against the user.
Macaroon Collection reserves the right, to monitor any activity and content associated with this site. Furthermore, Macaroon Collection may investigate any reported violation of these Terms and Conditions as well as any complaints received and may will not hesitate to take action where deemed appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to a user’s access and/or removing any materials from the Website).
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
Parties connected to and involved with this site, including but not limited to, the owner, the authors of contents, suppliers and other providers of content (hereafter collectively referred to as “Parties”, assume no responsibility for errors or omissions in these contents.
All parties further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. Parties shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Parties have been informed of the possibilities of such damages. The Parties cannot assume any obligation or responsibility.
Macaroon Collection shall take all reasonable steps to protect the personal information of is users as required by the Promotion of Accesses of Information Act 2 of 2000 (PAIA)
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.
The Site may use cookie and tracking technology depending on the features offered.
Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.
Our Website utilises first and third party cookies. This enables us to: a) Improve the User's experience on our Website through various means such as storing preferences (like keeping a User logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics. b) Provide more relevant Display Advertising to Users who have visited the Website, using third party tools such as the Google Analytics Remarketing.
Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt-out of the Google Display Network using the Ads Preferences Manager. Because many of our Website's features utilise cookies, we recommend that Users do not block them.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Governing Laws of South Africa
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
Macaroon Collection reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.