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Mind-Candy is a vendor of products and services that makes use of the website www.mind-candy.co.za (as well as other channels) to sell products and services to customers. It also provides content via the Internet to casual users and browsers of the Internet. The purchaser or casual browser is referred to as “the user” below.

Mind-Candy is a trading name, the correct and full name of the legal entity is – Ariostar (Pty) Ltd Registration number 2011/102401/07. “Mind-Candy” refers to this legal entity.

Returns and cancellations

Returns & Replacements:

All products sold by Mind-Candy are guaranteed to be in full working order on arrival and to be in a good physical condition. This guarantee lasts for 7 days from delivery or collection. Items may be returned for refund or replacement subject to manufacturer and/or Mind-Candy restrictions.

1.      Please note that returns will not be accepted if the items returned are not in the complete original packaging including but not limited to, box, accessories etc.

2.      Only Defective items may be returned for refund or replacement subject to the following restrictions:

3.      All products must be returned in original condition including packaging, documentation, warranty cards, manuals, and accessories.

4.      Certain items are non-refundable.

5.      Certain hardware items and all custom/special orders may only be returned for replacement and not for refund.

6.      Upon receiving the returned faulty item/s, we will send it to our supplier for testing and should the product be defective our supplier will repair or replace. This is for items outside of the 7 days guarantee period. We may decide to exchange the items at our own discretion.

7.      All non product related fees (shipping, transaction and insurance) are not refundable.

8.      If unopened goods are returned within 7 days, you will receive a refund excluding transport costs.

9.      No returns will be accepted after 7 working days and will be treated as warranty

10.  You may exchange a product for the same product of a different colour or design as long as you have returned the item with all of its packaging, documentation, warranty cards, manuals and accessories and the item is in “as new” condition. This is especially applicable to presents bought for other parties.

11.  Should you pay for an item via credit card or debit card and you do not receive the item and this can be proved, you will be refunded in full in line with the banks policies in this regard.

Cancellations:

Should you for any reason wish to cancel your purchase you will be liable for all shipping costs that may arise, caused by the shipping of the requested item back to the original seller. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase.

Website Terms and Conditions of Use:

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the (Mind-Candy) (“Provider”) website located at the domain name (www.mind-candy.co.za) (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Updating of these Terms and Conditions:

Provider reserves the rights 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 User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights:

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limited License to General Users:

Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider.

The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.

The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider.

Privacy Policy

Privacy, access to and use of information:

Mind-Candy receives various types of information (“the Information”) from Users who access the Website. Mind-Candy makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to the Owners through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of Mind-Candy, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions:

Privacy: casual surfing:

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Mind-Candy uses this information to determine use of the Website, and to improve Content thereon. Mind-Candy assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Privacy: unsolicited information:

If the User posts unsolicited content or other information (“the Information”) to the Website, and unless otherwise indicated, then the User grants to the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to Mind-Candy, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies the Owners for all claims resulting from the receipt by Mind-Candy l of the Information the User supplies to it. Mind-Candy l reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. Mind-Candy takes no responsibility, and assumes no liability for any Information posted by the User or any third party.

Privacy: solicited information the User gives to Mind-Candy:

Mind-Candy requires certain personal information to process transactions if the User requires any of Mind-Candy products or services. Mind-Candy receives and stores all Information the User enters on the Website or gives to Mind-Candy, in any other way. The User may choose not to provide certain Information, but that may limit the services or products that the User may wish to obtain from Mind-Candy. Mind-Candy provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User grants to the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into is shared with those entities.

Privacy: promotional information:

Mind-Candy aspires to provide first-class service to its customers, which necessitates Mind-Candy providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please email us on cbotha@mind-candy.co.za or call us on 011 673 3522

Privacy: business transfers:

Mind-Candy may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.

Privacy: lawful purposes:

When Mind-Candy is served with due legal process requiring the delivery of personal customer Information, it has the legal duty to abide by that demand, and will do so.

Privacy: surveys:

Mind-Candy understands that efficiency and customer care translates to good service. Mind-Candy may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Mind-Candy will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys.

Cookie/Tracking Technology:

The Site 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 Site, and understanding how visitors use the Site. Cookies can also help customize the Site 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 Links:

In an attempt to provide increased value to our Users, 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.

Accuracy of Content:

Mind-Candy has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT.

Choice of Law:

This Website is controlled, operated and administered by Mind-Candy from its offices as set out below within the Republic of South Africa. Mind-Candy makes no representation that the Content is appropriate or available for use in your locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Mind-Candy and the User with regard to the use of the Content and this Website.

Use of Products and Services – own risk :

Mind-Candy does not accept liability for any physical injury, damage or loss occurred through the use or mis-use of products or services provided by Mind-Candy to any person, entity or animal however they occur. The purchaser (or person receiving these products or services whether paid for or not) must take care and must cause the products and services provided by Mind-Candy to be used in a safe, proper and legal way.

Price fluctuations due to currency exchange rates:

Mind-Candy makes every reasonable effort to make sure that prices on its website and prices quoted by its personnel are correct and up to date. However there are circumstances that arise where Mind-Candy must make urgent adjustments to pricing and those may not yet be updated on our price lists or website. We will never change the price of the item you have purchased once you have paid, but we reserve to amend our prices prior to a purchase being made should we need to update our pricing due to volatile exchange rate movements or due to severe stock shortages at our suppliers or other events which affect pricing.

Payment to be made in full:

The user agrees to pay the full purchase price of the product or service purchased from the Mind-Candy website together with the quoted courier charges provided that “the user” or its agent is in receipt of the product. “The user” is still liable for payment even if the EFT (Electronic funds transfer) or credit card or debit card transaction is turned down by the bank.

Purchasing of vouchers

Should you purchase vouchers from our website please note the following –

1.      Mind-Candy is not responsible and you will not receive a refund if your voucher has an expiry date and you do not use it before the expiry date.

2.      When purchasing vouchers, often it is not a physical product which you receive, but a code or license key. Mind-Candy considers the sending of a code or license key to your e-mail address which you have provided to us by phone or via our website - delivery of this type of product in full.

3.      Mind-Candy may include in the purchase price of a voucher a service fee. The value of the voucher which is redeemable is therefore less than the list price of the item. Example you may purchase an itunes voucher for 27 US$ from us and the redeemable value is US$25. The 2 US$ is our service fee on the item. It is your responsibility to make yourself aware as to the redeemable value of the voucher.

By clicking the “Accept” box on our website you, “the user” accept the terms and conditions in this document and accept that they are binding upon you and upon Mind-Candy.

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