Terms & Conditions
Please read this Terms and Conditions carefully. By using the www.milkmaiden.co.za (the "Website") and the payment processing services offered by it (the "Payment Gateway"), you (the "Customer") are indicating your acceptance to be bound by these terms and conditions.
Legally binding agreement
All users and account holders ("the Customer") are bound by these terms and conditions. We reserve 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 Customer’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The Customer’s continued use of this Website following the posting of changes or updates will be considered notice of the Customer’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
All personal data which you furnish to us will be treated by us with the utmost security and confidentiality. Nothing will be shared with any third party without your express consent, unless we are required to do so by law or order of court.
The Website 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 the Website, and understanding how visitors use the Website. Cookies can also help customize the Website 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.
Third Party Services
The third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. We recommend that you read their privacy policies so that you can understand the manner in which your personal information will be handled by them.
Third Party Links
In an attempt to provide increased value to the Customer, 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.
Why do we need your email address? Most importantly we need it to send you information regarding your orders, product shipment, payments, etc. When you place an order OR create a Customer Account, you will be asked whether you wish to receive email communication from Milk Maiden. If you indicate YES, we will record your email opt-in status as YES once you confirm your Customer Account. This email opt-in status will apply for all email communications with Milk Maiden, including administration, marketing, event planning, email discussion lists, and other uses as described on the Website. You can view and change your opt-in status at any time from your Customer Profile on the Website. Your email address will not be shared or sold to third parties.
Age of Consent
This site is a business and commercial site. It is therefore not intended for persons under the age of 18 years. If you are under the age of 18 years, you must obtain permission from your parents, your guardian or a responsible adult to use this site. Customers who wish to use this site must be 18 years or older.
Security of Payments
All our payments are processed using PayFast (the "Payment Gateway"). Please refer to the PayFast Security & Fraud Prevention section for full detail on Security. Milk Maiden will never request any sensitive or confidential information via email so please do not provide such information to anyone if asked to do so.
All prices are in South African Rands (ZAR) and the price of each product is given in the product information. In the case of a sale or special offer, the discount price and original price are shown. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. The shipping charges will be shown clearly and invoiced together with the products purchased online. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we will have the right to refuse or cancel any orders placed for products listed at the incorrect price, and your payment refund will be processed at time of cancelling the order.
Outlet country and transaction currency
The outlet country at the time of presenting payment options to the card holder is South Africa. The transaction currency is South African Rand (ZAR). Please note that Milk Maiden is not VAT registered VAT does not apply to the prices and transaction.
Changes to prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer.
Purchasing a product
By utilizing our Website, you are able to place electronic orders for any of our products on offer as long as such products are available and are not sold out. A purchase contract between the customer and Milk Maiden comes into effect once you have completed and submitted the online order form for the products in your shopping cart and your payment has been authorized by Milk Maiden or has been received into Milk Maiden’s bank account. Unfortunately products cannot be reserved by you to be bought at a later stage. If you place a product in your shopping cart without completing the order or without making payment for the product, this will not amount to a valid sale. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
Accuracy of billing and account information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
Payment by credit or debit card
We accept payments made by Visa and MasterCard credit and debit cards and Electronic Funds Transfers ("EFT"). When you place an order, the transaction details are presented to the bank for authorization of the payment amount. If authorization is not obtained the payment is refused and the order is cancelled. If authorization is obtained, payment is usually immediate. By offering to make payment by credit or debit card you specifically guarantee that you are fully authorized to use the credit or debit card for payment and that there are sufficient funds in your account to cover the costs of the transaction.
Payment by EFT
We also accept payment by EFT (electronic funds transfer). We will start to process your order once your bank forwards your payment to us. This may take up to 3 days.
Delivery of Products
Delivery will take place during normal business hours in the Republic of South Africa via our nominated courier company. The address of delivery will be the address you specify in your order placement for the products. Deliveries are made to a street address. No deliveries to postal addresses!! Milk Maiden may sometimes experience greater demand for an item than expected or an unforeseen delay in the shipment of products. Although every effort will be made to minimize the effects of these delays, you will be advised of any such delays at the time of order placement. If no one is present at the time to accept delivery of your products, our nominated courier will on the second attempt, use the mobile phone number which you furnish to us, to contact you and arrange delivery of your products. If delivery is not successful on the second attempt your products will be returned to Milk maiden. It will be your responsibility to contact us and arrange reimbursement or another attempt to deliver at your own expense . Your products will be regarded as having been delivered to you and soon as the parcel has been handed over to you at your specified address or you have been notified that the parcel is awaiting your collection at the post office. It is your responsibility as purchaser to ensure that you are the intended recipient of the parcel and that you inspect the parcel on receipt and make known to us any justifiable complaints about the parcel. You have the right to refuse acceptance of the parcel if it is damaged in any way. Please inform us immediately if this is the case.
Risk and ownership
Risk in and to the products will pass to you upon delivery at your stipulated delivery address or at the address of your nominated agent. Ownership of the products will pass to you once paid for in full.
Returns and Refunds
At Milk Maiden we aim to provide you with excellent service and an enjoyable shopping experience. If you are at all unhappy with any product you have acquired due to a defect, incorrect product choice or other reason, you may return the product to us within 30 days of delivery. Please contact us at email@example.com. While we will do our best to accommodate you, we have to have a set of rules to guide us and they are: You may either receive a Milk Maiden account credit or a refund (only into the account that was paid from) or have the product repaired or replaced, depending on the situation. Non-returnable items include gift cards and sales items. In order for us to accept returned products the item must be in its original condition with the swing tags still attached. The cost of return must be covered by you, unless the item was received in a damaged or faulty state in which case we will reimburse you for the cost of return. We reserve the right to accept or reject any returned item.
Use of the products and our services
Our products should only be used for the purpose specified and not for any illegal or unauthorized purpose. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services offered to you via our website without express written permission by us.
In addition to other prohibitions as set forth in these terms and conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the website; (l) any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, (m) incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the website in any database used for electronic marketing or similar purposes; or (n) otherwise interferes with its proper and timely functioning ;to interfere with or circumvent the security features of any related website, other websites, or the Internet. We reserve the right to terminate your use of our site or any related website for violating any of the prohibited uses. No permission is given or should be implied that information on the website may be used to communicate unsolicited communications to Milk Maiden and all rights detailed in Section 45 of the Electronic Communications and Transactions Act are reserved.
Disclaimer of warranties; limitation of liability
Milk Maiden is responsible for adhering to the Consumer Protection Act of 2008 with the sale of any products from our website and we are also responsible for adhering to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in terms of payment systems and security. However, neither Milk Maiden nor any of its representatives will be held liable for any loss or damages of any kind that arises from the use of (or inability to use) this website, its services or content. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through our website and the service we offer are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Milk Maiden, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensor’s be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of any of the products procured using the website or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Milk Maiden and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencor's, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website. If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination and we may accordingly deny you access to our services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. These terms and conditions and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between you and us and governs your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions). Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.
This website is offered, controlled and run from the Republic of South Africa, Accordingly, these terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Copyright and other intellectual property
Copyright in and to these terms and conditions together with any content contained on the website remain vested in Milk Maiden. These terms and conditions may be downloaded, viewed and printed for private and non-commercial purposes only. Any use of these terms and conditions or any other content contained on our website for purposes other than this will only be permitted with our express written consent. All content, trademarks and data on this website, including software, data bases, graphics, text, links, icons, designs, private information etc. belong to or are under license to Milk Maiden.
The following disclosures are made pursuant to the provisions of the Electronic Communications and Transactions Act:
Legal status and Name: Sole Proprietor, S. Blignaut trading as Milk Maiden.
We operate from: 42 Jim Fouche Road, Constantia Kloof, Roodepoort, Gauteng, 1709
Our core business: Online retailer
Website address: www.milkmaiden.co.za
Email address: firstname.lastname@example.org
VAT Status: Not VAT registered
Errors, inaccuracies and omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We are not responsible if information made available on this site that is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We undertake no obligation to update, amend or clarify information on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on any related website should be taken to indicate that all information on any related website has been modified or updated.