1. Definitions
In these Terms and Conditions:
– “Company”, “we”, “us”, and “our” refer to Jackalberry.
– “you” and “your” refer to any user or visitor of www.jackalberry.co.za (“Website”).
These Terms govern your use of our Website and the purchase of any products (“Goods”) through it.
2. Acceptance of Terms
By accessing or using this Website, you accept these Terms in full. If you do not agree, please refrain from using the Website.
3. Use of the Website
You may only use the Website if you are 18 years or older, or under the supervision of a parent or guardian.
You agree not to:
– Use any device or software to interfere with the Website’s proper functioning.
– Use robots, spiders, or other automated methods to copy or monitor Website content without written consent (standard search engine indexing excluded).
– Use the Website to distribute unlawful, defamatory, or offensive material.
– Copy, display, or publish Website content elsewhere without written permission.
4. Ownership and Copyright
All Website content – including text, graphics, logos, images, and design – is owned by or licensed to Jackalberry and protected under copyright and trademark law.
No rights are granted to you to use, distribute, or reproduce any part of this Website. To request permission for commercial use, contact hello@jackalberry.co.za or call +27 83 454 1620.
5. Disclaimer
Your use of this Website is at your own risk. While we take reasonable care to ensure accuracy, the Website and its content are provided “as is” without any warranties – express or implied – including those relating to merchantability, fitness for purpose, or completeness.
We are not liable for errors, omissions, or any damages arising from use of this Website. We also make no guarantee that files or data on this Website are free from viruses, malware, or other harmful code.
6. Linked Third-Party Websites
This Website may contain links to external sites operated by third parties. These links are provided for convenience only. Jackalberry is not responsible for their content, privacy practices, or any damages arising from their use. You access third-party websites at your own risk.
7. Privacy Policy
Your privacy matters to us.
When you use our Website, we may collect personal details such as your name, surname, email address, and physical address. It is your responsibility to ensure that your information is accurate and up to date.
We use cookies to improve Website functionality and user experience. Cookies do not personally identify you, and you may disable them in your browser settings, though this may limit certain features.
Your information may be used to:
– Communicate with you about products, services, or promotions (with consent);
– Improve your browsing experience; and
– Process transactions or respond to enquiries.
We will not share your personal data with third parties without your consent, except where required by law or necessary to protect Jackalberry’s rights.
All staff and third-party service providers with access to your data are bound by confidentiality obligations. We will take reasonable technical and organisational measures to safeguard your data and notify you in the event of any breach.
We retain personal information only for as long as required by law or for operational necessity.
Jackalberry is not responsible for any loss resulting from information you share with third-party websites linked to ours.
8. Limitation of Liability
Jackalberry is not liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of, or inability to use, the Website or any linked third-party website.
You indemnify Jackalberry against any loss or claim arising from your use of this Website or any linked website.
9. Website Availability and Termination
We aim to keep the Website available except during maintenance. Jackalberry may modify, suspend, or terminate the Website at any time without notice and will not be liable for any resulting loss.
10. Changes to These Terms
We may update these Terms periodically without notice. Continued use of the Website after updates constitutes acceptance of the revised Terms. Please review this page regularly.
11. Governing Law
These Terms are governed by the laws of the Republic of South Africa. By using this Website, you consent to the jurisdiction of South African courts.
Terms and Conditions of Sale
These Terms of Sale apply to all purchases made on this Website and operate in conjunction with our Website Terms of Use. By ticking the “I accept” box at checkout, you enter into a binding agreement with Jackalberry.
Payment
Payment methods include:
– Snapscan – Additional verification may be required before dispatch.
– Direct Bank Deposit / EFT – Payment must be made within 5 days of placing your order. Orders are processed once payment is received.
– Card Payments – Pay securely online using your credit or debit card.
– Payflex – Enjoy flexible payment options and pay in instalments.
All payments are processed via secure, certified gateways.
Privacy and Data Security
We take data security seriously. Your payment details are encrypted, and personal information is handled per our Privacy Policy. However, due to the nature of the internet, we cannot guarantee complete security and are not liable for unauthorised third-party access.
Leather as a Natural Product
Jackalberry products are crafted using genuine leather, a natural material that may display unique markings, textures, and subtle variations in colour or grain. These natural characteristics are not flaws but rather features that enhance the individuality of each piece.
Please note that no two hides are identical, and slight differences may occur between batches or product runs. Over time, leather naturally softens, develops a patina, and may show signs of wear – all of which contribute to its distinctive, long-lasting beauty.
While we take great care to ensure product consistency, variations in tone, finish, or texture are inherent to leather as a natural product and do not constitute defects or grounds for return.
Returns and Exchanges
Goods may only be returned if defective, damaged, or incorrect.
– Defects or damage must be reported within 24 hours of delivery.
– Returns must be made within 7 days of delivery once approved.
If approved, we will advise how to return the item – via courier, post, or in person. Please package items carefully and include your Returns Request Number, invoice, and proof of postage.
We cannot accept returns for custom-made or personalised items.
Breach
If either party breaches these Terms and fails to remedy the breach within 7 days of written notice, the other party may cancel the agreement or claim damages.
Governing Law and Jurisdiction
All sales are governed by South African law, and any disputes shall be resolved in South African courts.
Notices
Our official address (domicilium) for legal notices is:
Postnet Suite 130, Private Bag X9, Benmore, 2010
Notices sent:
– By hand – deemed received on delivery;
– By registered post – after 10 days;
– By email – on the date of the “read receipt.”
Your address for notices is as listed on your order form.
General
You may not transfer your rights or obligations under these Terms.
Failure by either party to enforce any right is not a waiver of that right.
If any clause is invalid, the remainder remains in effect.
No change to these Terms is valid unless in writing and accepted by both parties.
These Terms, along with our Privacy Policy, form the entire agreement between you and Jackalberry.
Jackalberry may amend these Terms at any time. Continued use of the Website or purchase of Goods implies acceptance of the most recent version.