1. Introduction

    1. Dinky Winks Emporium and the associated website (http://www.dinkywinks.co.za) is operated and owned by NetRobot (PTY) Ltd, registration number 2016/386439/07 (hereinafter referred to as “Dinky Winks”).
    2. Use of this website is governed by these terms and conditions for users and visitors. Visitors (hereafter referred to as “Users”) of this website, including those users make purchases from or interact with his website, are bound by these terms and conditions whilst using the website.
    3. By making a purchase and using the Dinky Winks website (where applicable), users agree that they have read, understood and agree to these terms and conditions, and understand that they are binding and enforceable. 
    4. 1.4. You acknowledge that by not agreeing to accept the terms and conditions, a user account cannot be created and the use of the website will be restricted.

  2. Important Notices of the terms and conditions for the Dinky Winks website

    1. These terms and conditions apply to all website users who are consumers for purposes of the Consumer Protection Act. 68 of 2008 (hereafter referred to as the CPA).
    2. If there are any provisions in these terms and conditions that are not understood by the user, it is the responsibility of the user to contact Dinky Winks to clarify these provisions before the terms and conditions are accepted. Dinky Winks will not be held liable for any misunderstandings or misconceptions that a user might have about these terms and conditions.
    3. These terms and conditions do not intend to unlawfully restrict, limit or obscure any rights or obligations and has been created to adhere to the stipulations set out by the CPA.

  3. User Accounts

    1. An order can only be placed on the website by a user that has created a user account.
    2. User accounts facilitate transactions and deliveries to Dinky Winks customers. The following information is required to create an account that is able to make a purchase and have the order dispatched to them:
      1. A unique username and password that the user will use to sign in to the website. Please protect this information with all reasonable cybersecurity measures;
        1. Dinky Winks makes use of trusted third-party e-commerce internet platforms (like WordPress, WooCommerce, Jetpack and PayFast, etc. ) that take all reasonable measures to protect your personal information.
      2. A delivery address that can facilitate receiving delivery of the user’s order during business hours (08:00 – 17:00);
      3. A contact telephone number where the user can be reached with regards to their order or delivery;
    3. Once a user account has been created, the user will be able to complete the checkout process on the website.
    4. Should the user become aware that any of your personal information has been compromised, the responsibility is on the user to notify Dinky Winks immediately of the situation.
      1. Please also consider changing your compromised passwords immediately to prevent further damage from cybersecurity attacks.
    5. User account can be deleted at the request of the user.
    6. Dinky Winks will take all reasonable precautions to protect your personal information. We do not accept any liability for loss or damage suffered to the user as a result of a data breach, malicious attack or negligence. 
    7. By creating a user account, the user agrees that they are at least 18 years of age and of full legal capacity.
    8. Dinky Winks will under no circumstances share user account information with any third party whatsoever, except in these circumstances:
      1. With courier partners to complete the delivery of orders placed by users;
      2. With product partners that users specifically give consent to during promotions. Dinky Winks values user privacy and does not want contribute to the damaging practices of user information sharing and spam in any form.
    9. User account information can be updated at any time using the website. It is the responsibility of the user to keep information up to date in regards to communication and delivery details.
    10. Dinky Winks does not store any user payment information whatsoever and rely on our trusted payment gateway partners PayFast to handle transactions. Users can read more about payfast at https://www.payfast.com.

  4. Payments

    1. Orders will only be processed and completed once payment is made by the user.
    2. Dinky Winks makes use of the trusted payment gateway PayFast (touched on in clause 3.10) to process payments for orders.
      1. No payment information is stored or accessible by Dinky Winks. The only information received is the transaction details to confirm that they payment was made.
    3. PayFast is a third-party platform and may require the user to create a PayFast account to complete the payment, depending on the options available to them while redirected for payment during the checkout process.
    4. Dinky Winks can in no way guarantee that PayFast will be operational and functional due to any reason whatsoever. 
    5. No alternative payment arrangements will be made between Dinky Winks and the user, including but not limited to:
      1. No cash payments;
      2. No cash on delivery orders;
      3. No credit facilities;
    6. No order will be sent out for delivery before being fully paid.
    7. Discount and promotional coupon codes can be used on the Dinky Winks website during the checkout process. 
      1. These codes will have additional terms and conditions that will be included with the code to users;
      2. Codes are only valid for the indicated amount and until the expiry date listed with the code on any promotional material;
      3. Codes from different promotions cannot be stacked to create deeper discounts;
      4. Only one code valid per customer order;
    8. Dinky Winks will take all reasonable precautions to ensure that information related to security risks is relayed to users.

  5. Ownership and Copyright

    1. All the information and product media (hereafter collectively referred to as ‘information’) that appears on this website and all associated information repositories are under the ownership of Dinky Winks and/or associates of Dinky Winks.
    2. You agree to not use, copy or modify any of the information owned by Dinky Winks without prior written consent by a Dinky Winks administrator.
    3. All the information that appears on this website and all associated information repositories are under the ownership of Dinky Winks and/or associates of Dinky Winks.
    4. You agree to not use, copy or modify any of the information owned by Dinky Winks without prior written consent by a Dinky Winks administrator.

  6. Disclaimer

    1. By accepting these terms and conditions, you acknowledge and agree that the use of this website is entirely at your own risk. You also acknowledge to take full responsibility for any risk, loss or damage resulting from the use of this website or reliance on information that appears on this website.
    2. Dinky Winks disclaims liability for any loss, liability or loss whether direct, indirect or consequential in nature in connection with your use of the Dinky Winks website. You acknowledge to agree to these terms by creating a user account and/or completing an order.
    3. While Dinky Winks takes all reasonable measures to ensure that the information listed on the website and/or functionality of the website is accurate, complete and up to date, Dinky Winks cannot warrant or guarantee (whether express or implied) as the accuracy, timeliness, quality of the information and website functionality.
    4. Dinky Winks does not necessarily agree with any views or opinions that are expressed on the Dinky Winks website, social media accounts or communication platforms associated with Dinky Winks.
    5. Dinky Winks does not take any responsibility for any damage, loss or liability caused to any area of your personal or business related property and/or assets by files or information that were obtained from the website. Although we take all reasonably precautions to ensure that the files and information on the website are (and remain) free of viruses, malware programs, spyware programs or any type of similar harmful programs, destructive materials or states, Dinky Winks cannot take responsibility for any losses incurred by downloading or acquiring files and information from the website.
    6. Damages, losses and liabilities may include (but are not limited to) corruption, destruction, disruption, impedance and any other type of negative state to your computer hardware, software, network or other computer related infrastructure, instruments or devices.

  7. Links to third party websites or content

    1. Dinky Winks may occasionally contain links, references and/or other communication channel links to third party websites or third party content.
    2. You acknowledge that Dinky Winks cannot be held liable for any loss, liability or damage suffered by you by accessing any of the third party links or references and that you access third party links and references at your own risk.

  8. Privacy Policy

    1. Dinky Winks will use all reasonable measures to ensure that all user-related information is protected.
    2. By creating a user account or completing an order, you acknowledge that you might be required to provide Dinky Winks with the following user information:
      1. Your name and surname
      2. Email address
      3. Delivery Address
      4. Contact phone number
    3. You acknowledge that it is your responsibility to keep personal information up to date or to inform Dinky Winks of changes in personal details, so that we can update your details.
    4. The website may use cookies to track personal information on some of your browsing habits. These cookies ensure that we can offer you the best possible personal shopping experience. To learn more about cookies, please visit http://en.wikipedia.org/wiki/HTTP_cookie#Uses
    5. You acknowledge that if you do accept cookies from the Dinky Winks website, you consent that some of your user information will be collected and used to tailor your shopping experience with us, subject to privacy terms and conditions stated in clause 8.9
    6. You acknowledge that all personal information that you provide to Dinky Winks (required or voluntary-submitted user information) is accurate and does not falsely impersonate or misrepresent another person or affiliation with another entity.
    7. Dinky Winks is legally obliged to provide user information in order to comply with applicable laws, court orders or other legal processes served to the company.
    8. Dinky Winks is required to disclose user information if it is necessary to protect the company and defend the property and rights of Dinky Winks.
    9. In relation to the storage of personal information, Dinky Winks will:
      1. Take all reasonable measures to protect and secure the information that you provide us against unauthorized access, unauthorized disclosure and damage;
      2. Dinky Winks will treat all user-related information as strictly confidential;
      3. Dinky Winks will provide you with the means to edit, update and view all personal user information through website functionality.
      4. Permanently delete, destroy and return all personal information upon your request;
      5. Provide you with reasonable evidence of the above-mentioned measures on reasonable notice and request;
      6. Dinky Winks will not retain any of your personal information for a longer period of time than it is needed, unless required by law;
      7. Dinky Winks reserves the right to disclose your personal information to law enforcement authorities in cases of fraudulent online transactions or other criminal investigations with which we are legally obligated to comply.
      8. Dinky Winks undertakes to not sell, make available, publish or provide your personal information to any third party (excluding those third parties who are categorized under clause 8.9.7);
      9. Whilst Dinky Winks will utilize every reasonable measure to safeguard your personal information, we cannot guarantee or accept any liability for unauthorized or unlawful disclosures of your personal information, whilst in our possession and/or made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
      10. Dinky Winks has no control over how entities use or store your personal information. Dinky Winks cannot be held liable for any loss, damage or liability suffered by you as a result of disclosing your personal information to a third party, regardless if they are linked to or referenced on the Dinky Winks website.

  9. Limitation of Liability

    1. Dinky Winks cannot be held liable for inaccurate information that might appear on the website, apart from those cases where the liability, loss or damage suffered as a direct result of gross negligence or willful misconduct of Dinky Winks or authorised representatives. These errors may include (but are not limited to) item availability, pricing error or inaccuracies, product descriptions and other general product information errors.
    2. You acknowledge that your use of this website is entirely at your own risk. Dinky Winks cannot be held liable for any damage, loss or liability arising directly, indirectly, specially or consequentially from:
      1. Your use of the Dinky Winks website/linked third party website;
      2. Your reliance on the information or content contained on the Dinky Winks website/linked third party website;
      3. Your inability to use the website/linked third party website;
      4. Unlawful activity on the website/linked third party website;
    3. You hereby indemnify Dinky Winks against any loss, liability or damage suffered by you or a third party, arising in any way from your use of this website and/or any linked third party website.

  10. Changes to these terms and conditions.

    1. Dinky Winks reserves the right to make changes to these terms and conditions (or any part thereof) at its sole discretion and at any time.
    2. You will be notified of any changes to the terms and conditions via Dinky Winks communication channels or through accessing the website.
    3. Changes to the terms and conditions will only apply to your use of the website after the change is displayed on the website.
    4. For continued further use of the website, the updated terms and conditions will have to be accepted.

  11. Website Availability and Termination

    1. Dinky Winks will utilize every reasonable measure to maintain the availability of the website, but is reliant on service providers for some aspects of the website to remain available and functional. Dinky Winks cannot be held liable for any loss, liability or damage caused by you or a third party as a result of website unavailability due to service provider faults, failures or service interruptions.
    2. Dinky Winks will at times be unavailable due to scheduled maintenance. Dinky Winks reserves the right to discontinue providing the service or any part thereof with or without prior notice to you.
    3. Dinky Winks cannot be held liable for any loss, liability or damage suffered by you or a third party as a result of not being able to access the website.
    4. Dinky Winks will utilize every reasonable measure to ensure the website is available, but may be subject to interruptions in service that are out of our control due to environmental variables, e.g power outages.
    5. Dinky Winks may at its discretion terminate, suspend and modify the website and any parts thereof (including functionality). You agree that Dinky Winks will not be liable to you if it chooses to terminate, suspend and modify the website or any parts thereof.
    6. Dinky Winks reserves the right to suspend or revoke access to this website (at our sole discretion) to your user account and Internet Protocol (IP) address if you should violate these terms and conditions in any way and not remedy the violation within 7 days.
    7. You acknowledge that you indemnify Dinky Winks of any loss, liabilities or damages suffered by you or a third party due to account suspension.
    8. Dinky Winks can reinstate user accounts that have been suspended, provided that they meet the following conditions:
      1. Remedy the violating offense that caused the suspension;
      2. Evidence that the suspension was carried out in error;
      3. Evidence that the suspension was carried out with no reasonable grounds to do so;
    9. To reinstate a user account or to receive any information regarding user account suspension or reinstatement, please send an email to info@dinkywinks.co.za.

  12. Terms and conditions of sale

    1. Users may purchase goods on the Dinky Winks website provided that the goods are available and in stock at the time of checkout.
    2. Stock of all the goods offered on the Dinky Winks website is limited. Although Dinky Winks takes all reasonable measures to ensure that stock levels are monitored and accurately reflected on the site, we cannot guarantee the availability of stock. Dinky Winks can only be held liable for goods that are in stock and available. 
    3. If an item is no longer in stock and the order still managed to be completed on the website, you are entitled to either be credited or refunded for the payment made by you for the item.
    4. An agreement of sale between you and the company will come into effect upon payment confirmation of payment from PayFast. Confirmation of your order will be sent to the email address that you provide in the user account profile.

  13. Delivery of Goods

    1. Dinky Winks offers courier services to deliver orders via our courier partners.
    2. Shipping costs for the delivery will clearly be displayed during the checkout process and will be included in the total for the order before the payment gateway is reached.
    3. Dinky Winks will also include an estimated delivery date, which is provided to by our shipping partners.
    4. Dinky Winks will deliver to anywhere in South Africa, provided that our trusted courier partners can access the address with their logistics network. Should there be a problem with the user’s order, it will be communicated to them and alternative arrangements will be made.
    5. Should there be any problems related to your deliver, you can send an email to info@dinkywinks.co.za and a representative will assist you as soon as possible.
    6. In the event of unexpected or unreasonable circumstances that prevent shipping from commencing on the stated delivery date, Dinky Winks reserves the right to delay the shipment of an order at its sole discretion.
    7. You acknowledge that Dinky Winks cannot be held liable for any loss, liability or damage caused to you or a third party resulting from your use of our shipping facility.

  14. Errors

    1. Dinky Winks will utilize all reasonable measures to ensure that the information relating to products, pricing, delivery charges and availability on the website is correct and accurate. However, Dinky Winks will not be liable to honor transactions for goods made with erroneous information, apart from refunding the money that you have paid for those goods.

  15. Electronic Communications

    1. By signing up or consenting to communications from Dinky Winks, you agree to receive promotional or informative emails from us from time to time.
    2. Your subscription and communication settings can be managed from your user account profile or by visiting the link at the bottom of email communications from Dinky Winks. Alternatively, if you wish to be removed from any further communications, please send an email to info@dinkywinks.co.za.

  16. Cancellation of Orders and Refunding

    1. Dinky Winks conforms to the Consumer Protection Act 68 of South Africa.
    2. You may cancel an order up to five business after a product was delivered to you from Dinky Winks. Cancellation will only be valid if the following conditions are met:
      1. you undertake not to utilize the goods;
      2. packaging for the goods remain intact;
    3. Dinky Winks will only take back goods that are unused, undamaged and still in the original, undamaged packaging.
    4. Dinky Winks may, in its sole discretion, accept the cancellation of an order by you, on sufficient cause shown and on a case by case basis. In which event the provisions set out in this clause 17 in respect of refunds and returns will similarly apply
    5. If your cancellation requires a refund and is accepted as part of this refund policy, Dinky Winks will refund all funds paid to us within 15 (fifteen) business days.

  17. Returns

    1. Subject to the provisions of clause 16  above, goods may be returned only when defective, damaged or if the goods supplied are not the same goods as what was ordered. Any defect in the goods must be reported to us within 24 (twenty four) hours of delivery. If the Goods are not the same as what was ordered this must be reported within 24 (twenty four) hours of delivery. Any damage must also be immediately reported, within 24 (twenty four) hours of delivery.
    2. If the goods have been approved by Dinky Winks in accordance with the provisions of clause 19.1 for return, we will notify you and either arrange (i) for our couriers to collect the item from you; or (ii) request that you send it back to us via courier; or (iii) ask you to return the goods to our physical location, depending on your original order’s shipping method.
    3. If goods are sent back to us, they should be sent back in the original packaging.
    4. Returning goods to Dinky Winks will be at your own expense, according to subsection 20 of the CPA.
    5. Nothing in this clause 17 or the Terms and Conditions in any way limits your rights in terms of section 56 read with section 55 of the CPA in any way.

  18. Governing law and jurisdiction

    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and the Dinky Winks, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

  19. Domicilium and Notices

    1. Dinky Winks hereby elects PO Box 109, Menlyn, Pretoria, 0063 as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium citandi et executandi” or “nominated address”). You hereby nominate the address on your goods order form as your nominated address.
    2. Either party may change its nominated address to any other physical address by not less than 7 days’ notice in writing to the other party or by using the user account profile.
    3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.

  20. General

    1. Dinky Winks may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the user’s right to use the website or any of its contents subject to us processing any orders then already made by you.
    2. By accepting the terms and conditions associated with this website, you agree to not use any device, software or instrument to interfere or attempt to interfere with the normal workings and/or operations of the website or functionality thereof.
    3. You agree to not use any form of robot, crawler or spider to monitor, modify, copy or distribute any of the information contained on the Dinky Winks website.
    4. You agree to not use any part of this website to distribute, create or promote any material that is defamatory, unlawful, offensive or contains hate speech of any kind. You agree to not use any of the information contained in this website in any way or form without prior written consent from an administrator of the website.
    5. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    6. Any failure on the part of you or Dinky Winks to enforce any right in terms hereof shall not constitute a waiver of that right.
    7. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    8. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    9. No indulgence, extension of time, relaxation or latitude which any party (“the grantor“) may show grant or allow to the other (“the grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    10. These Terms and Conditions contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.