TERMS & CONDITIONS

 

The use of www.morganrose.co.za is subject to the conditions stated within this document. 


For the avoidance of doubt any reference to “us” “we” or “our” in these Terms refers to MORGANROSE and any reference to “you” or “your” refers to the customer as a purchaser of the MORGANROSE products.


It is a condition of a user accessing and reading the www.morganrose.co.za website (“the Website”) that MORGANROSE disclaims all warranties in respect of the same whether express or implied in relation to the material published on the Website. Your statutory rights as a consumer are not affected.


This page (together with our Privacy Policy, Returns Policy and Delivery Policy) provides information about MORGANROSE and the legal terms and conditions on which we sell any of the products listed on the Website.


These Terms will apply to any contract between us for the sale of products to yourself. Please read these Terms carefully and make sure that you understand them, before ordering any products from the Website. Before creating an account on the Website you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from the Website.


We reserve the right to amend these Terms from time to time. Every time you wish to place an order you should check these Terms to ensure you understand the terms which will apply at that time.


Age of Consent

By placing an order on the Website, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not of legal age to order certain goods, we reserve the right to cancel your order.


Contract Formation

All orders made by you through the Website are subject to acceptance and availability. We may choose not to accept your order for any reason.


Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice (although we will inform you if any such price change affects your order).


Only when MORGANROSE accepts the Order by sending you a confirmation email that your order has been dispatched will a contract have been created between yourself and MORGANROSE.


Privacy

Our Privacy Policy explains how we collect, use and store your personal information, including who we may share it with; how long we keep it; the circumstances in which we, or others, may contact you (including sending you advertising and marketing messages); and the rights you have in relation to your personal information.


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.


Fraud Prevention

MORGANROSE takes fraud very seriously and we do everything in our power to prevent fraud from occurring. If false or inaccurate information is provided and fraud is identified, details will be passed on to fraud prevention agencies.


MORGANROSE reserves the right to block any IP deemed to be suspicious, for whatever reason.


Copyright

All content on www.morganrose.co.za and all related content published on the linked social media platforms and advertising, not limited to text, designs and artwork, concept and software (if these have been created by www.morganrose.co.za) are property of MORGANROSE and its partners and suppliers and are therefore protected by South African and International copyright laws. This content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site.


If MORGANROSE makes use of any copyright material which does not belong to the brand, the respective copyright will be noted.


Disclaimer

The contents of this site are provided “as is” without noted warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.


We do not warrant that the functions contained in and the material on the Website will be uninterrupted, or error or defect free, or that the Website or the server that makes it available are free of viruses or bugs. Further MORGANROSE does not represent the full functionality, accuracy, reliability of the materials on the Website.


The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.


The Providers further do not warrant, guarantee, or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including, without limitation, data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.


Using the Website

You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Website.


Agreement of Sale

Placing a product in your Shopping Cart does not constitute an order for that product and we cannot be held liable if the product is no longer available, or if the price has changed by the time the checkout process is completed. An agreement of sale comes into effect when either a credit card authorisation is received from the issuing bank, or a bank transfer is reflected on our bank statement. We reserve the right to cancel an order at any point in time without giving any reasons. In this case, we shall be liable to refund any monies already paid in respect of that order.


Price

While we endeavor to ensure that the prices displayed on the site are accurate, it is possible that erroneous prices may be displayed from time to time. In such cases, we shall not be obliged to sell the product at the erroneous price.


Delivery

You accept that in order for us to prove delivery of an order or part of an order, we do not have to prove that you personally received the goods, but that any person at the delivery address specified on your order signed for the delivery. In the case of post office collections, we need to prove that somebody, not necessarily you, collected the delivery from the post office.


Submitting reviews, forum messages and photographs to MORGANROSE

These Terms govern your conduct associated with the reviews and ratings, forums and photographs submitted to the Website. To the extent of any conflict between the MORGANROSE Privacy Policy and these Terms, these Terms shall prevail in particular with respect to the submission of reviews and ratings, forums and photographs submitted to the Website. By submitting any content to the Website, you represent and warrant that:


You are the sole author of the intellectual property rights thereto:

  • ·      all “moral rights” that you have have in such content have been voluntarily waived by you;
  • ·      all content that you post is accurate;
  • ·     you are at least 18 years old;
  • ·     use of the content you supply does not violate these Terms and will not cause injury to any person or entity;


You further agree and warrant that you shall not submit any content:

  • ·     that is known by you to be false, inaccurate or misleading;
  • ·     that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • ·     that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • ·     that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • ·     for which you were compensated or granted any consideration by any third party;
  • ·     that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • ·     that contains any computer viruses, worms or other potentially damaging computer programs or files.


You agree to indemnify and hold MORGANROSE and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant MORGANROSE a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.


All content that you submit may be used at MORGANROSE’s sole discretion. MORGANROSE reserves the right to change, condense or delete any content on the Websites that MORGANROSE deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. MORGANROSE does not guarantee that you will have any recourse through the Website to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, MORGANROSE reserves the right to remove or to refuse to post any submission for any reason.


You acknowledge that you, not MORGANROSE, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of MORGANROSE, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.


By submitting your email address in connection with your rating and review, you agree that MORGANROSE and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.


Loyalty Points

MORGANROSE loyalty Points have no monetary value and cannot be used for any purpose other than redeeming designated MORGANROSE products. At no time will rewards be available to be refunded for their cash value.


We may from time to time adjust the Points in your account upwards or downwards in respect to accounting errors, multiple accounts, refunds issued, products returned or suspected fraud, for which we have full authority.


External websites

As a convenience for MORGANROSE customers, our website includes links to other websites or material which are beyond our control. MORGANROSE is not responsible for the content of external websites linked on the Websites.


Jurisdiction

This site is created, maintained and controlled in the Republic of South Africa and as such the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use this site.


MORGANROSE reserves the right to amend these terms and conditions from time to time without notice.


Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by a force majeure event. A force majeure event which means any act or event beyond our reasonable control such as, but not limited to, strikes or industrial action by third parties (but not those caused by MORGANROSE’s own employees), civil commotion, riot, invasion, terrorist attacks, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster (“Event”).


If an Event takes place that affects the performance of our obligations under a contract:

  • ·      we will contact you as soon as reasonably possible to notify you; and
  • ·      our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event. Where the Event affects our delivery of products to you, we will arrange a new delivery date with you after the Event is over.


You may cancel a contract affected by an Event . To cancel please contact our customer services team at hello@morganrose.co.za.


Additional terms

We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.


You may only transfer your rights or your obligations under these Terms to another person if MORGANROSE agrees in writing.


These Terms are agreed between you and us. No other person shall have any rights to enforce any of its Terms.


Each of the clauses within these Terms operates separately. If any court or relevant authority decides that any of the clauses are unlawful or unenforceable, then the remaining paragraphs will remain in full force and effect.


The failure or delay of MORGANROSE to exercise any right, power or remedy provided under these Terms or otherwise available in respect hereof at law or in equity shall not constitute a waiver by MORGANROSE of its right to exercise any such or other right, power or remedy or to demand such compliance, or you of your obligations under these Terms. In the event we do waive a default we will do so in writing on a case-by-case basis.