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Italian Law Book

Terms and Conditions

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Last updated: October 25, 2023

Please read these terms and conditions carefully before using Our Service.

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Introduction

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These terms and conditions are the contract between you and Tanworx (Pty) Ltd (“TanWorX”, “us”, “we”, “our”). By visiting or using Our Website, you agree to be bound by them.

We are TanWorX, a company registered in South Africa, number 2019/618351/07. Our address is Klipberg, Chiante Cres, Shellyvale, Free State, 9301.

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should not make use of Our Website and leave it immediately.

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1. Definitions

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In this agreement:

  1. “Carrier” refers to any person or business contracted by us to carry Goods from us to you.

  2. “Content” refers to any content in any form published on Our Website by us or any third party with our consent.

  3. “Goods” refers to any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

  4. “Our Website” refers to www.tanworx.co.za, and includes all web pages controlled by us.

  5. "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

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2. Interpretation

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In this agreement unless the context otherwise requires:

  1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organization.

  2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

  3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

  4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

  5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organization involving that party.

  6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.

  7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

  8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

  9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

  10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

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3. Use of Our Website

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  1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement. If you use Our Website in any way you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

  2. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with our Goods and services. You are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized person from using your account. You agree to accept responsibility for all activities that occur under your account or password and to notify us of any security breach or unauthorized use of your account.

  3. You agree that you will not, and will not allow any other person to:

    1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

    2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

    3. download any part of Our Website, without our express written consent;

    4. collect or use any product listings, descriptions, or prices;

    5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

    6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

    7. share with a third party any login credentials to Our Website.

  4. You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

    1. be malicious or defamatory;

    2. consist in commercial audio, video or music files;

    3. be illegal, obscene, offensive, threatening or violent;

    4. be sexually explicit or pornographic;

    5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

    6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

    7. solicit passwords or personal information from anyone;

    8. be used to sell any goods or services or for any other commercial use;

    9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

    10. link to any of the material specified above, in this paragraph.

    11. send age-inappropriate communications or Content to anyone under the age of 18.

  5. We may refuse, edit or remove a Posting which does not comply with these terms.

  6. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

  7. If you are offended by any Content, the following procedure applies:

    1. Your claim or complaint must be sent to us by email at help.tanworx@gmail.com;

    2. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

    3. we shall remove the offending Content, if justified, as soon as we are reasonably able;

  8. We may re-instate the Content about which you have complained or not.

  9. You agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

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Online Shopping

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4. Conclusion of Sales

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  1. Registered users may place orders for Goods, which we may accept or reject.

  2. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you.

  3. At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason.

  4. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

    1. accept the alternatives we offer;

    2. cancel all or part of your order.

  5. If you place an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

  6. We do not guarantee that Goods advertised on Our Website are available.

  7. The images shown are for illustration purposes only and may not be an exact representation of the product.

  8. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

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5. Price and Payment

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  1. The price payable for the Goods that you order is set out on Our Website.

  2. The price of Goods may be changed by us at any time. We will not change a price so as to affect the price charged to you at the time when you buy those Goods, unless the price was stated in error.

  3. If, by mistake, we have underpriced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you. If you confirm that you wish to buy at the new price, we will cancel your previous order and generate a new order on your behalf.

  4. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.

  5. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay. View Shipping Policy.

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6. Security

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  1. We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use YOCO as our online payment service provider who will encrypt your card or bank account details in a secure environment. If you have asked us to remember your credit or debit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your payments for transactions which you have initiated.

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7. Cancelling Orders

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This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002.

  1. As required by the law, details of our after-sales service are given in Our Website terms and conditions.

  2. You may cancel your order at any time before the expiry of 7 days from the date you receive the Goods, not including the day you received it.

  3. The option to cancel your order is not available:

    1. if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;

    2. if the Goods become inseparably mixed (according to their nature) with other items after delivery.

  4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.

  5. If the Goods you return show any sign of damage not attributable to faulty design or manufacturing, we shall be entitled to deduct the cost from your refund money.

  6. In the event of cancellation of an order by you in compliance with these terms we ask that you notify us first by filling out the Return Form in your account area or by email to help.tanworx@gmail.com. We will provide you with our return details and refund any money due to you within 30 days of receiving the goods.

  7. This paragraph does not affect your rights in the event that the Goods are faulty.

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8. Delivery

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  1. Please refer to our Shipping Policy.

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9. Returns and Refunds

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  1. Please refer to our Returns Policy.

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10. International Sales

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  1. We do not sell online to any country other than South Africa. Please contact us via email, phone, or Whatsapp for orders to be delivered outside of SA borders. We do not sell Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

  2. If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

  3. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.

  4. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

  5. Due to high shipping costs, all sales are final and cannot be returned or refunded. You bear the risk of any damage to your shipment during transit.

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11. Privacy Policy

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  1. Our privacy policy complies fully with current law and can be viewed here.

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12. Disclaimers

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  1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

  2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

  3. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

  4. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

  5. We make no representation or warranty and accept no responsibility in law for:

    1. accuracy of any Content or the impression or effect it gives;

    2. delivery of Content, material or any message;

    3. privacy of any transmission;

    4. any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

  6. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

  7. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.

  8. Any paragraph which excludes or restricts our liability or provides an indemnity to us applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.

  9. If you become aware of any breach of any term of this agreement by any person, please tell us by sending an email to help.tanworx@gmail.com

  10. Nothing in this agreement excludes liability for a party's fraud.

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13. Limitation of Liability

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  1. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

    1. your failure to comply with the law of any country;

    2. your breach of this agreement;

    3. any act, neglect or default by any agent, employee, licensee or customer of yours;

    4. a contractual claim arising from your use of the Goods;

    5. a breach of the intellectual property rights of any person.

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14. Ownership and Copyright

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  1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

  2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

  3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

  4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

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15. General

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  1. We may change these terms from time to time. The terms that apply to you are those posted here on the day you make use of Our Website.

  2. Where we provide goods or services without specific charge to you, then it is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or services.

  3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

  4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

  5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

  6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

  7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

  8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.

  9. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

  10. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in this country.

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16. Contact Us

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  1. If you have any questions or concerns about these Terms and Conditions, please contact us at help.tanworx@gmail.com.

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