If you do not agree to the Terms of Use, discontinue using this website immediately!

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.

By registering on this website you agree to receive occasional email communication from us, as well as requests to fill out surveys or polls which will be anonymous and you can refuse to participate in.

—————————–

What follows in this document describes the terms on which krazykrayon.co.za (referred to herein as “KRAZYKRAYON”, “we”, or “us”, or “our”) offer you (our CUSTOMER) access to our services. Your permission to our service and products, and the licenses granted herein, are expressly conditional upon your acceptance of these Terms of Service (contained in this document). If you visit or shop at krazykrayon.co.za or create hyperlinks to krazykrayon.co.za, you accept and agree to comply with the most recent version of this agreement in its entirety. The following additional Terms and Conditions, and Policies are hereby incorporated by reference, collectively, as the “Agreement”:

When you place an order, the agreement in force at the time of your placing the order will apply to that order and its related transactions. Any hypertext links from this agreement to text elsewhere on this website shall be deemed to form part of this agreement.

We reserve the right to amend this agreement or any part thereof at any time and without notice. Amendments to this agreement take effect immediately, and your continued use of the website implies your acceptance of the agreement as amended.

Portions of the krazykrayon.co.za website are publicly available to all visitors. Other portions of the krazykrayon.co.za website are available only to registered members to the website. This Terms of Service applies to both Visitors and Members.

Description of Service

KRAZYKRAYON is a web-based service available from the domain http://krazykrayon.co.za. This service provides an online marketplace where new and/or used products are sold, and may include physical as well as digital products.

Even though KRAZYKRAYON will do its best to provide a clear image of the product and flaws that might be in used products, when you purchase a product you agree to accept it as is. No further liability remains with KRAZYKRAYON.

Fees

There are no fees for registering or for having an account with krazykrayon.co.za. There are no buying obligations – you order what you want, when you want to.

Prices

The prices displayed on the krazykrayon.co.za website are non VAT because Krazykrayon is not registered to levy VAT. Delivery costs are charged separately on checkout and do not form part of the product price displayed.

Though we endeavour to ensure that the prices displayed on the website are accurate, we offer many products for sale at any time, and it is impossible for us to monitor the prices of all individual products manually. While we go to lengths to ensure that the prices we display 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, and will correct erroneous prices as soon as we become aware of them. We will contact you to correct such pricing errors on orders, should they occur.

Displaying a price on the website does not constitute any undertaking by us to maintain that price for any length of time or to have products available for purchase. Should you purchase an item and pay for it and it has withdrawn from our stockholding on krazykrayon.co.za, your money will be refunded within 48 (forty eight) hours. We will always endeavour to complete your order at the price quoted at the time that the order was placed, but in cases of erroneous pricing we may cancel all or a portion of your order and fully refund any advance payments that you have made toward the affected products.

Payments
If you pay off the website and need to be refunded because of events as described in the Pricing paragraph, we will refund the amount directly to your banking account. The process for refund will be as follows:

We will contact you by email to confirm your banking details in various ways, including proof of ID, proof of ownership of banking account as well as proof of purchase.

If you have purchased any item with any currency other than the South African Rand, you will be refunded in ZAR irrespective of the exchange rate at that time.

This is done to safeguard both you and krazykrayon.

Delivery
For deliveries we use PEP PAXI services, specified couriers (door-to-door deliveries), and Postnet Counter-to-Counter (express counter-to-counter deliveries). We reserve the right to use any other service providers as needed.

For larger items with higher weight, we will quote you on shipping fees before accepting your order, and should the shipping fees not be acceptable to you, we will refund your money and cancel the order.

You need to ensure that you provide us with a valid delivery address and contact number and choose the correct delivery address and delivery method during the checkout process.

For further information regarding our delivery rates and terms & conditions, please contact us via email (info@ krazykrayon.co.za).

Please contact us if you do not receive your parcel within the estimated delivery time provided and we will happily assist in locating it.

Other delivery issues
You accept that in order for us to prove delivery of an order, or part there of, 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 or depot collections, we need to prove that somebody, not necessarily you, collected the delivery from the depot or post office. Unfortunately, proof-of-delivery records cannot be retained indefinitely and if a delivery has been dispatched by us and not reported missing by you within six months of us having dispatched it, the package will be deemed to have been delivered without us having to provide proof of delivery.

Should a delivery be returned to us as undeliverable, we will let you know and request that you make arrangements to either have the parcel collected from us or re-delivered to you. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such request being made.

Should you choose to collect your order or parts thereof from us, we will let you know once each parcel is ready for collection. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such notification being sent.

Delivery made to areas outside of the delivery areas of our service provider will be charged at higher rates and must be paid by the customer in addition to the price of the product purchased.

Delayed delivery
Most orders are dispatched on time but unfortunately, unexpected delays can occur and we may not be able to dispatch items within the schedule provided. In such a case, we will contact you to make arrangements for delayed delivery.

Agreement of sale / cancellations

An order is placed with us only after you have completed the checkout process on the website. Your order is an offer to purchase the goods from us. We only accept your offer once we have dispatched the goods or you have collected them from us. We do not need to communicate our acceptance to you.

Placing an item in your cart does not constitute an order and we cannot be held liable if the item is no longer available, or if the price has changed by the time the checkout process is completed.

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 money already paid in respect of that order.

Your order shall be processed as soon as payment from you has cleared in our Banking Account.

Registration Obligations

The Service we offer is intended for adults only. You must be 18 years or older to use this website. Users under 18 are not authorized to use the service. You must ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such products ordered by you on the Website, and that these restrictions are observed. You also represent that you are not a person barred from receiving these services under any laws of any country or other applicable jurisdiction. Accordingly, you indemnify krazykrayon.co.za from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the krazykrayon.co.za website registration process.

When registering, you agree to provide true, accurate, current, and complete information about yourself as prompted by our Service Registration form (the “Member Data” or “Account Information”), and you agree to maintain and promptly update the Member Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if KRAZYKRAYON has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, KRAZYKRAYON has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.

Electronic Signatures and Contracts

Your use of our Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Refund Policy

All physical and digital product sales are final, and no refunds are available. KRAZYKRAYON may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: (a) a digital file is defective; or (b) a physical item has not been shipped within two weeks of an order being placed. If such an exception is made, KRAZYKRAYON may issue to the buyer a refund for such purchase in any manner it deems appropriate, including without limitation in the form of store credit.

As a buyer, it is your responsibility to determine that you have the appropriate hardware/software to make use of digital files, that the file format is appropriate for your needs, and that the content you are purchasing is legal and non-infringing. No refunds are available in these cases.

READ REFUND POLICY ALONG WITH PAYMENTS PARAGRAPH

Privacy Policy

We take the privacy of our users’ and Members’ information very seriously. Our Privacy Policy is available at http://krazykrayon.co.za/privacy-policy/ (Please read the full Privacy Policy because it applies to you). By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement. If you have any questions about this policy, please email us on info@krazykrayon.co.za.

No unsolicited emails

You do not have to agree to sign up for our mailing list. You can opt-out of our mailing list, at any stage, on the website or by contacting us directly via email. We will not sell or rent out any email list or addresses connected with or to krazykrayon.co.za to anyone.

Security Policy

We take security very seriously. Our servers have been rigorously checked to ensure that they are not vulnerable to unauthorised access and activity on the servers is continually monitored.

Access to all information held in your account is password protected. It is essential that you keep your password secret so that no-one else can gain unauthorised access to this information.

We value your privacy and all information about you and your account is handled in accordance with our Privacy Policy.

We gather no personal information from any casual visitors on the website krazykrayon.co.za. All information gathered from casual visitors is only for assessment of our website performance, and is not traceable to any one person or entity at all and is totally anonymous.

Payfast Payment Gateway
We make use of PayFast as a payments processing service that allows for easy, secure and instant money transfer. The instant EFT (Electronic Funds Transfer) payment option gets verified instantly, which allows a customer’s order to be processed sooner, because they don’t have to wait for two days for their payment to clear. There is also no need for customers to send proof of payment to us, nor do they have to disclose any financial information during the payment process.

Payfast provides secure online payments to protect both buyers and sellers from fraudulent transactions.

Indemnity

By accepting this Agreement, you agree to indemnify and hold KRAZYKRAYON and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body, due to, arising out of, or relating to (i) any product, content, information, or materials that you purchase (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (vi) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

Returns Policy

General Returns
Purchases from krazykrayon.co.za are treated as final, no refunds will be made, and no returns are accepted. We ensure the working quality of any product, and clearly state the condition of the product on each individual product page. It is your responsibility to ensure the product is the one you’re interested in, and purchasing it online from our website assumes your acceptance of the stated quality of the item. No further interaction between you and KRAZYKRAYON will be entered into with regard to any particular purchased item.

Our goods are sold to you without any implied warranty of quality against any defects. All items are tested and examined for defects and any aberrations in the products found are explained and clearly demonstrated visually with photographs, and will not be provided on our website if found defective (inoperable).

NOTE: Not all products on the website krazykrayon.co.za are new and therefore are well documented to display the possible aberrations and allow you as the buyer to make an informed choice as to whether to buy the product or not.

Any enquiries in this regard can be made to info@krazykrayon.co.za

Incorrect items
Should you receive a delivery where the contents of the package do not match the items listed on the dispatch note included in the package, you agree to notify us without delay and we will not be liable for shortages not reported within seven days of you having received the package.

In the event of receiving an incorrect item (an item that does not match the description advertised on our website), please contact us at info@ krazykrayon.co.za within 24 hours.

Member and Visitor Conduct

As a condition of using our Service, Members and visitors agree to all of the following:

  1. You are responsible for maintaining the confidentiality of your Username and password used during the registration process. You should not disclose your password to anyone.
  2. You are responsible for all activity that occurs under your Username.
  3. You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your Username.
  4. You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.
  5. Further, while using the Service, Members and visitors agree not to:

  6. upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  7. upload, post, email, transmit, or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;
  8. transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;
  9. violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
  10. use the Service for any illegal or unauthorized purpose;
  11. impersonate any person or entity, including without limitation, a KRAZYKRAYON employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  12. transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
  13. attempt to gain unauthorized access to KRAZYKRAYON computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
  14. attempt to regain access to KRAZYKRAYON following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different Username;
  15. “stalk” or otherwise harass anyone on or through the Service;
  16. collect any personally identifying data about Members or visitors for commercial or unlawful purposes;
  17. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.

Using and Accessing krazykrayon.co.za

This website is for personal use only. You may not make use of content from this website, whether direct or derived, for any commercial purpose whatsoever. You may not use any form of automated search or download technology to access this website. You may not frame or utilise framing techniques to enclose any content on this site without our express written consent.

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to krazykrayon.co.za web pages as long as such links do not portray krazykrayon.co.za or its affiliates or products or services in a false, misleading, derogatory, or otherwise offensive matter.

Disclaimer and limitation of liability

This website is provided “as is”, and you use this site at your own risk. Neither krazykrayon.co.za, its directors, owners, employees, affiliates, agents or suppliers shall be responsible for any damages or loss resulting from or relating to the use of this website or any of its content, irrespective of the cause of the damages.

We make no representations or warranties of any kind, whether express or implied.
We disclaim all representations and warranties including but not limited to the website and its availability, the content of the website or the accuracy thereof, product availability and delivery times, merchantability or fitness for a particular purpose of information, goods or services.

Force Majeure

No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, or acts of God.

If there is an event of force majeure, the party affected will tell the other immediately, and they will meet within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.

If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.

Changes and acceptance of terms

We may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on our website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.

Warranty Disclaimers

The materials in this site

  • are provided “as is” and without warranties of any kind either express or implied.
  • disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
  • does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
  • does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.

You (and not assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall ‘s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to and such information should not be relied upon as all-inclusive or accurate.

Termination

We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, just click on the Delete Account link on your My Account page.

Governing law

This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.

Domicilium

Our domicilium citandi et executandi (physical address) for all purposes under this agreement is: 11A Ruiter Road. Mokopane, Limpopo, South Africa. Our Postal Address is PO Box 1788, Mokopane, 0600. Our email address is info@krazykrayon.co.za.

Legal

Any litigation court cases or court action claims and awards will be limited to a maximum of R50-00 ZAR. All parties will carry their own legal fees and will be subject to any action taking place solely in the Magistrates Court located in Mokopane.

Region

The website krazykrayon.co.za is for South Africa only and therefore does not cater for any visitors or buyers from without the borders of the Republic South Africa.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Last Updated: 2018/09/25

Terms and Conditions

Share this!