Terms and Conditions

MARMADUKE PETS:TERMS AND CONDITIONS

1. Introduction

1.1. This website is owned and operated by Marmaduke Pet Food and Accessories (Pty) Ltd (“Marmaduke”, “we”, “us”, “our”). The use of www.marmadukepets.co.za (“the Website”), and/or the ordering, sale and delivery of goods via www.marmadukepets.co.za are subject to the following terms and conditions (“the Terms of Use”).

1.2. These Terms of Use are binding and enforceable against every person that accesses or uses this Website (“Customer”, “you”, “your” or “user”). By using the Website and/or by ordering goods, you acknowledge that you have read and agree to be bound by these Terms of Use.

1.3 Please read these Terms of Use carefully – they constitute a fully binding agreement between you and Marmaduke. If you do not agree to these Terms of Use, you are prohibited from using the Website in any way.

2. Consumer Protection Act 68 of 2008

2.1. These Terms of Use apply to customers and/or users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (the “CPA”).

2.2. These Terms of Use contain provisions which:

2.2.1. limit the risk or liability of Marmaduke;

2.2.2. create risk or liability for you;

2.2.3. compel you to indemnify Marmaduke or a third party; and/or

2.2.4. serves as an acknowledgement, by you, of a fact.

2.3. If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask a Marmaduke representative to explain it to you before you continue using the Website.

2.4. Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or Marmaduke in terms of the CPA.

3. Purchasing and Use of the Website

3.1. By accessing and/or using this Website you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.

3.2. If you are under the age of eighteen (18), or if you lack legal capacity, then you may only use this Website with consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms of Use, and to be liable and responsible for you and all your obligations under these Terms of Use.

3.3. Any order placed on the Website may only be validly concluded between Marmaduke and a Customer residing in South Africa. Should the Customer reside outside South Africa, he or she may not validly place an order via the Website.

3.4. To make a purchase on the Website you are required to create an account. To create an account, you are required to provide certain personal information and a unique password to Marmaduke – any personal information processed will be in accordance with the Protection of Personal Information Act 4 of 2013, and in terms of our Privacy Policy.

3.5. You acknowledge that you are responsible for maintaining the confidentiality of your account, username, and password. You agree and warrant that you will not disclose your username and password to any third party and that it is only for personal use, and you accept responsibility for all activities that occur under your account or password.

3.6. You agree to notify Marmaduke immediately upon becoming aware of, or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3.7. We reserve the right, in our sole discretion, to deny membership, or to change, suspend, or terminate any account, at any time for any reason without notice or liability.

4. Conclusion of Sale

4.1. Users may place orders for any product contained on the Website (‘Goods’), which Marmaduke may accept or reject.

4.2. Placing an order on the Website does not constitute an agreement of sale – whether or not Marmaduke accepts an order for Goods via the Website depends on the availability of Goods, correctness of the information relating to the Goods (such as the price), and receipt of payment for the Goods.

4.3. Notwithstanding any communication from Marmaduke stating that your order or payment has been confirmed, we will indicate the acceptance of your order by delivering, and only at that point will an agreement of sale between you and Marmaduke come into effect. In the event an order needs to be rejected, Marmaduke will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount paid.

4.4. Prior to delivery of the Goods, you may cancel an order at any time provided you do so before Goods are dispatched by Marmaduke and/or a supplier of Marmaduke. After delivery of the Goods, you may cancel the sale only in accordance with the Returns Policy. The Returns Policy is incorporated by reference (which means that it forms part of these Terms of Use).

4.5. You acknowledge that stock of all Goods on offer is limited. We will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock and when Goods are no longer available after placing an order, Marmaduke will notify you, and you will receive a refund.

5. Payment

5.1. The currency used to pay for Goods ordered via the Website is the South African Rand.

5.2. We are committed to ensuring you are able to pay for any Goods from the Website via a secure, online payment facility. All transactions are encrypted using appropriate encryption technology and payment can be made for Goods via credit or debit car through PayFast.

5.3. You warrant that you are fully authorised to use the payment method supplied for purposes of paying for the Goods. You also warrant that the payment method has sufficient available funds to cover the purchase price of the Goods together with all delivery and other costs.

5.4. The payment method used by the Customer will be debited on receipt of the order. Should any of the Goods be out of stock or otherwise unavailable, Marmaduke will notify you, and you will receive a refund, as soon as possible thereafter.

5.5. Should the Customer’s payment provider reject the payment, the order will not be processed and will be cancelled.

5.6. As part of measures taken to prevent fraud, the parties agree that Marmaduke is entitled to transmit information regarding the order and the Customer’s payment method to a third party for verification purposes.

5.7. In the event you have any queries regarding payment, you may contact us via the contact us tab on the website, or at info@marmadukepets.co.za.

6. Delivery

6.1. For security reasons, and in a bid to prevent bank fraud, the billing address and delivery address of any order must be located within South Africa.

6.2. The Goods will be delivered by a transport operator appointed by Marmaduke, to the shipping address designated by the Customer. Subject to clause 4 above, where we accept your order, Marmaduke will deliver the Goods to you as soon as reasonably possible, but no later than 20 (twenty) working days of receipt of your payment (“Delivery Period”).

6.3. You warrant that you will include the correct shipping address in all orders, and in the event of an incorrect address or incorrect information, we will not be liable or responsible for any loss you may suffer.

6.4. Marmaduke’s obligation to deliver Goods to you is fulfilled when we deliver the product to the shipping address nominated by you for delivery of the order. We are not responsible for any loss or unauthorised use of a product, after the Goods are delivered to the shipping address nominated by you.

6.5. We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within (7) seven days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will refund you.

6.6. Our delivery cost may change, without notice to you, at any time.

6. Undeliverable packages

7.1. Occasionally packages are returned to us as undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment of the Goods.

7.2. You agree that in the event of an undeliverable package, you will pay the cost of the re-shipment.

6. Force majeure 

8.1. In the event of a force majeure (act of God, such as a hijacking, robbery, flood, prolonged protest action etc.) then you agree that the Delivery Period above will not apply, but we undertake to ensure the Goods are delivered to you.

8.2. Additional delivery information and delivery fees can be found in our Delivery Policy. The Delivery Policy is incorporated by reference (which means that it forms part of these Terms of Use).

6. Errors

9.1. Marmaduke will take all reasonable efforts to properly and accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website.

9.2. However, should there be any errors of whatsoever nature on the Website, we will not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid.

9.3. For the avoidance of doubt: we will not be required to execute an order or compensate a Customer for any loss if it should have been clear to the Customer that an error was made by us, or where it should have been clear that it involved a typographical error; or if the consumer should not, under the circumstances, have reasonably relied on the price and/or product in question.

6. Loyalty Program

10.1. Every time you shop on our Website, you have the opportunity to earn loyalty points that you can use to get discounts on your next purchase with us. It’s our way of saying thank you for choosing us. More information on our awesome loyalty program can be found in our Loyalty Program Policy.

6. Schedule and Save

11.1. We are all about trying to make your life a bit easier. You can easily pre-order your Goods and/or arrange recurring deliveries. More details on this great offering can be found in our Schedule and Save Policy.

6. Discounts

12.1. Any special offer or promotional deals (“Discounts”) will only be valid during the period of validity of each offer and subject to availability of the Goods involved.

12.2. Discounts may not under any circumstances be converted into their cash equivalent and paid or reimbursed to the Customer.

12.3. Any promotional discount codes cannot be applied to any promotional items.

6. Product Warranties and Guarantees

13.1. Marmaduke’s online shop is a facility supported by our reputable suppliers of high-quality veterinary and animal-related products. We are not veterinarians and we recommend you seek advice from your veterinarian before selecting a food or using a veterinary product for your pet. Use of all Goods purchased via our Website are used at you own risk.

13.2. Goods may be guaranteed under the manufacturer’s product-specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to goods are hereby specifically excluded by us.

13.3. All guarantees are immediately null and void should any goods be tampered with or should the “seals” on the goods be broken by anyone other than us, or should the goods be applied outside the manufacturer’s specifications.

13.4. To be valid, guarantee claims must be supported by the original tax invoice and the Goods must be in their original packaging and must be accompanied by all accessories and manuals which must be intact.

13.5. No warranties whether express or implied shall apply, other than those provided in these terms and conditions. We specifically disclaim the implied warranty of suitability and fitness for a particular purpose.

13.6. We will not be liable to you for any loss, damage, or expense of any nature, whether direct, special, indirect, or consequential, including but not limited to loss of health arising out of your use of the Goods supplied by us.

13.7. You indemnify and hold us (including our employees or subcontractors) harmless against all claims of whatsoever nature that may be brought or threatened against us by any third party arising from or in connection with any defect, latent or otherwise in any of the Goods supplied by us.

6. Disclaimers and Important Information

14.1. Marmaduke disclaims all implied warranties, including but not limited to, warranties of compatibility, security and accuracy.

14.2. Although Marmaduke has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Website is free of viruses or any other data or code that has the ability to corrupt or affect your system.

14.3. The use of the Website in any form is entirely at the users’ own risk and the Website is provided ‘as is.

14.4. Marmaduke is not liable for any damages whatsoever relating to your use of and/or access of the Website in any manner, howsoever arising, including instances of loss caused by the negligence of Marmaduke and/or its affiliates, partners or representatives.

14.5. Marmaduke may, in good faith, provide links that would appear useful to its users. However, it does not make any representation regarding these websites, links or information and does not endorse the products and/or services offered on those sites. Marmaduke accepts no responsibility for the content or use of such websites or the information contained therein.

6. Limitation of Liability and Indemnity

15.1. In addition to clause 9 and 10 above, under no circumstances, including, but not limited to, negligence, will Marmaduke, its affiliates, employees, agents or representatives be liable for any damages (of any kind) that result from the use of, or the inability to use, the materials or any information or service in or on the Website.

15.2. In no event will Marmaduke, its affiliates, employees, agents or representatives’ total liability to you for all damages, losses, and causes of action (whether in contract, delict or otherwise) exceed two hundred and fifty South African Rand.

15.3. You agree to indemnify, defend and hold Marmaduke its affiliates and/or any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities and/or conduct in connection with this Website.

6. Copyright

16.1. Unless otherwise noted, the contents of this website are subject to intellectual property rights that vest in Marmaduke, or that vest in other entities. You are thus prohibited from using the content in this Website, its related web pages, social media channels, electronic or written publications or any other media and/or words, phrases, names, designs or logos without express written permission or unless used in accordance with these Terms of Use.

16.2. All information, products and prices available on the Website are subject to change without notice.

6. Site Security and Prohibited Activity

17.1. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorized access to any restricted areas of this Website, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating thereto.

17.2. In using the Website, you must not:

17.2.1. post or otherwise transmit any unlawful or otherwise objectionable material of any kind;

17.2.2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

17.2.3. upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; or assist or permit any persons in engaging in any of the activities described above.

6. General

18.1. Marmaduke may revise these Terms of Use and Website content (including listed pricing) at any time without notice. Although we will endeavor to highlight any changes to these Terms of Use and the Website Content, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you.

18.2. This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties’ consent to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal, Durban, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this agreement shall, for purposes of jurisdiction, have been concluded at our head office in Durban, Kwazulu-Natal.

18.3. If you have any questions or complaints regarding these Terms of Use or have any queries or comments in relation to the Website, please contact us via the contact us tab on the website, or info@marmadukepets.co.za and we will endeavor to respond to you promptly.

18.4. Each provision of these terms of use shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.

18.5. In terms of the Electronic Communications and Transactions Act 25 of 2002, you are hereby informed that:

Full name: Marmaduke Pet Food and Accessories (Pty) Ltd

Representative : Kritika

E-mail address: kritika@marmadukepets.co.za

August 2023/v2