Terms and Conditions

Introduction

www.matchlesscandles.co.za(“the site”) enables buyers to shop for LED candles and related products. All visitors to the site (“users” or “you”) will be able to see the products on offer, but only those who have registered for an account on Matchless Candles  (“Matchless Candles account holders” or “you”) are able to buy.

Legally binding contract

All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“Ts& Cs”). By registering, or using the site at all, you recognise that you’ve read and accepted these terms and conditions.

With whom are you entering into a contract?

The site is owned and run by Matchless Candles CC) , registration number 201001357123, a close corporation incorporated in the Republic of South Africa (herein after referred to as “Matchless Candles”). More information about Matchless Candles is available at the end of these terms and conditions.

Products and availability

Please note that the stock of all items on offer is limited. Matchless Candles will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Matchless Candles is unable to fulfill any order at the advertised price because stock is sold out, Matchless Candles will let you know and you’ll be entitled to a reimbursement for the rand value you have paid for such product. This is described in more detail in Matchless Candles Delivery and Returns Policy.

Buying products

The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out. 

A purchasing contract (“sale”) between you and Matchless Candles only comes into effect once you have fully completed AND submitted the online order form for one or more products in your basket (“shopping cart”) AND your payment has been authorised by Matchless Candles (or has been received into Matchless Candles bank account). The above is dependent on the product being available. 

Products on Matchless Candles cannot be reserved to be bought at a later stage, and placing an item in your basket without completing the order does not amount to a sale or an order. This means that Matchless Candles may remove any item from your basket before the sale actually takes place in the event of the product going out of stock. 

Matchless Candles cannot be held responsible if an order has become unavailable by the time you try to complete a purchase at a later stage. Only once a confirmation of your order is received by yourself has a sale been concluded (subject to the T&C’s herein). A copy of this invoice will be included in your parcel.

Cancelling and ending orders

Matchless Candles reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. Matchless Candles will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return item(s) purchased (see Matchless Candles Delivery and Returns Policyfor more information).

Fraud

• Matchless Candles reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
• Matchless Candles may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
• In the event of a fraudulent purchase being placed on Matchless Candles, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Matchless Candles does not process refunds for orders suspected of fraud.
• Matchless Candles does not provide order details relating to orders suspected of fraud.

What you pay for

The price of each product is given in the product information. In case of a sale or special offer, the discount price is shown. In the case of a sale, two prices are indicated alongside each product, as follows: 

Purchase price 
The price that has not been crossed out, is the price you pay if you buy the product from Matchless Candles RRP (regular retail price): The other price (indicated by being crossed-out )is the regular (“RRP”) and is given purely as an indication of approximately how much you save by buying the product from Matchless Candles. Please note that RRPs can change over the course of several months over which the product may be sold.

Delivery fees 
Matchless Candles delivery fees are charged according to the rates as indicated on the website.Deliveries within South Africa,are either door to door or door to counter depending on the destination. Matchless Candles aims to deliver within 6 working days. Door to door deliveries are sent to a street address. No PO Box deliveries are done. Door to counter deliveries are sent via Speed Services to the relevant post office based on the delivery address. The post office will notify you when the parcel is available at the post office for collection.
Errors 
Matchless Candles makes every reasonable attempt to display purchase prices and delivery costs accurately. If, however, the product is offered at an erroneous price (or an incorrect delivery cost is displayed), Matchless Candles will not be obliged to supply products at the incorrect price/delivery fee. Matchless Candles will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price/delivery fee.

Paying by credit card

We accept payments made by Visa and MasterCard credit and debit cards, as well as EFT. When you place an order, the transaction details are presented to the bank for authorisation of the payment amount. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Matchless Candles.

Delivery

Place of delivery 
Matchless Candles delivers within business hours in the Republic of South Africa. As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery. Your parcel will be delivered to the address you specify in the checkout process. 

In the case of door to door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery use the mobile phone number you provided in your order and/or leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery. The courier will try once more, and if at that time there is still no one to sign for the parcel, it will be your responsibility to call the Matchless Candles on (021 851 5836) or send an email to info@matchlesscandles.co.za to arrange delivery. If you don’t contact Matchless Candles within 5 working days of the courier attempting the second delivery, the courier will return the parcel to Matchless Candles, and we will contact you via email to discuss potential redelivery at your own cost. If this attempt does not succeed within a reasonable amount of time, Matchless Candles will simply reimburse you. 

Delivery time and delays 
Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa is 6 working days. Deliveries are made to street addresses or to your nearest post office, therefore no deliveries to PO Box addresses. All Matchless Candles deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address. 

Delivery completed 
A delivery is considered complete as soon as the parcel is handed to an individual at your specified delivery address, or you are notified that the parcel is waiting for you at the post office. This also applies when the package has been handed over by the courier, as indicated in the courier’s tracking system. It is your responsibility, as buyer, to ensure that you or the receiver of the packag inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged. Such complaints and claims must be brought to the attention of Matchless Candles by calling our call centre at 021 851 5836 or 083 225 7665 during office hours Monday to Friday.

Lost parcels 
If neither the depot nor the tracking system (under “My Account > Order History”) provides any indication where the parcel is, you need to call the call centre at 
021 851 5836 or 083 225 7665 or send an email to info@matchlesscandles.co.za. 
If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause. 
If the parcel is declared lost, Matchless Candles will notify the buyer and reimburse the buyer for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).

Defective items, returns and reimbursement

If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to Matchless Candles within 10 days of delivery.You may have the product replaced, once the defective or incorrect product has been returned to Matchless Candles. 

Sales records

Complete records of each transaction between you and Matchless Candles are kept on the site for 12 months after a particular purchase or related transaction. During this time, you’ll be able to view and print out these records. After the 12-month period the responsibility of keeping such record falls onto you.

Security

Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted. Matchless Candles will claim civil damages from such person if Matchless Candles suffers any damage or loss. 

You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party. You allow Matchless Candles to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office. 

All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Matchless Candles has no access to any confidential information regarding your payment method. Only Matchless Candles’s banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.) from time to time. 

Indemnity

Matchless Candles is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Matchless Candles is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security. 

However, neither Matchless Candles nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content. Furthermore, Matchless Candles provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing . Otherwise call call021 851 5836 or 083 225 7665 (Monday to Friday, during office hours). 

Although the products on the site may be under guarantee, the site itself is offered on an “as it is” basis and is not set up or delivered according to your individual specifications. It is your responsibility, before accepting these Ts& Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Matchless Candles’s official stance. We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.

Applicable Laws

This site is offered, controlled and run from the Republic of South Africa. As such it is governed by South African legislation, and subject to the disputes clause in these Ts& Cs. You and Matchless Candles are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions. Should any court or qualified authority find that any of the terms are invalid or un-enforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.

Privacy

Matchless Candles has to take all reasonable steps to protect your personal information. For the ends of this clause, “”personal information”” is defined according to the details in the Promotion of Access to Information Act, number 2 of 2000 (PAIA). Matchless Candles is authorised to gather, store and use the following of your information: 
Name and surname
Date of birth
Sex
Citizenship
Nearest city
Non-personal click patterns
Email address
IP address, and
ID or passport number
Matchless Candles is entitled to gather, store and use the above information for the following purposes:

• To inform you (if you have agreed to this) of facts regarding your access and use of the site
• To inform you (if you have agreed to this) of competitions and promotions offered by Matchless Candles or its partners
• To verify your identity when you make a transaction through Matchless Candles.co.za
• To ensure the products are received by the addressee
• For remarketing purposes
• The above information is either gathered electronically through the use of “”cookies””, or provided by you voluntarily. You can regulate the use of “”cookies”” independently with your personal search engine settings
• You can choose to not receive any direct marketing information from Matchless Candles and its partners

Matchless Candles is entitled to gather, store, compile and share any information gleaned from you, subject to the following conditions: Matchless Candles may not make any of your personal details public unless you have agreed to it, or unless it is required for the purposes of any judicial process. 

Matchless Candles may compile, use and share any information that has no bearing on any particular individual, and Matchless Candles owns and reserves the right to non-personal statistical information gathered and complied by Matchless Candles. You acknowledge and agree that certain personal information (such as your full name, delivery address, email address and contact details) may be passed on to the courier company to ensure delivery of the products you have bought.”

Changes to terms and conditions

Matchless Candles may, at its own discretion, change these terms and conditions or any part thereof. If you’re dissatisfied with any changes, you should not use the site in any way.

Disputes

Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Matchless Candles, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by Matchless Candles, the dispute may be presented for confidential arbitration. Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa.

Legal notice address

Matchless Candles elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address: 
7 Lewes Street
Somerset West
7130
Tel. 021 851 5836

An electronic copy is to be sent to jane@matchlesscandles.co.za (Such copy must be delivered in conjunction with physical copy for serving to be effected.)

Terms and discontinuation

These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised byMatchless Candles from time to time (as described above), for as long as the website continues to exist and be operated. Matchless Candles is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases. 

If you don’t meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such non-adherence within 5 working days after Matchless Candles has instructed you to do so, your access to the service will be blocked. We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part ofMatchless Candles will not have any negative effect on any damages Matchless Candles may claim.

Copyright and other intellectual property

Any and all copyright relating to the website, including these terms and conditions, is held by Matchless Candles. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email  toinfo@matchlesscandles.co.za .Matchless Candles is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to informMatchless Candles of any offensive or illegal material. 

All content, and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of Matchless Candles. As such they are protected by local and international legislation and agreements.

Electronic communication

When you sign up for a Matchless Candles newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to
 info@matchlesscandles.co.za, you agree to get electronic communication from Matchless Candles.

 

Links, ‘Framing’ , ‘Spiders’ and ‘Crawlers’

No person, business or website may be linked to any page on this site without prior written permission from Matchless Candles. Such permission can be obtained by sending an email to info@matchlesscandles.co.za or by calling 021 851-5836 week days during office hours. 

No person, business or website may use any technology to glean information from this site without prior written permission from Matchless Candles. Such permission can be obtained by sending an email to jane@matchless candles.co.za or by calling 021 851-5836 weekdays during office hours.

Matchless Candles.co.za corporate information

The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered. Matchless Candles information is as follows:
Core business: Wholesaler and Retailer
Legal notice address: 

7 Lewes Street
Somerset West
Cape
7130
Tel. 021 851 5836
Directors: The list of members is available on request.
Website: www.matchlesscandles.co.za
Official email address: info@matchlesscandles.co.za