THATSPECIALMOMENT.COM TERMS AND CONDITIONS

That Special Moment Preservation CC (CK 2008/210506/23) ("TSMP") provides the information contained on this website and the pages comprising the website ("website") and advertises and sells the products to you, subject to the terms and conditions set out herein and as may be referenced herein ("the terms"). For the purposes of these terms, "products" means those items offered for sale by TSMP from time to time via the website.

1 Acceptance
By accessing the website, you agree to be bound by the terms. TSMP may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website you agree to be bound by the terms, as may be modified from time to time.

2 Content of the Website.
Whilst every effort is made to update the information provided on this website on a regular basis, TSMP makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. TSMP reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.

3 Account Name and Password
Before purchasing any products via the website, you will be obliged to enter your personal account name or number allocated to you by TSMP ("account name") and your personal password ("password"). You undertake to ensure that your account name and password is not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your account name and password. On receipt of such communication, TSMP reserves the right to reject any communication received from you, suspend the processing of any communications and orders not yet executed by TSMP and immediately deactivate your password and account name. You shall thereafter
be obliged to refrain from ordering any products until such time as a new password and/or account name, as the case may be, has been authorised by TSMP. TSMP may from time to time require you to change your password and/or account name, as the case may be, and you undertake to comply with such instruction immediately.

4 Verification.

4.1 You agree that all instructions, consents, orders and any other communications which purport to originate from you or a person who had authority to act on your behalf in respect of such communication or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not
properly execute such programming) (collectively "the originator") and which are sent to TSMP electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by TSMP and you will be bound by such instruction with no liability of whatever nature attaching to TSMP in regard thereto.

4.2 You waive any rights you may have or obtain against TSMP arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that TSMP acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify TSMP against all and any claims, liabilities, losses,
costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that TSMP has acted on your instructions/orders or instructions/orders which purport to emanate from you.

5 Orders and Agreement Terms.

5.1 The advertising of products via the website merely constitutes an invitation by TSMP for you to make an offer to purchase products. Once you have selected the product you wish to purchase and submitted your order to TSMP, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction.

5.2 By clicking on the "buy" button you are deemed to have submitted an offer to purchase the product/s selected by you ("order"). TSMP reserves the right to cancel the order for any reason on notice to you. Receipt of a confirmation of the order (which constitutes acceptance by TSMP to process the order) will be sent to you once we receive your order.

5.3 A transaction to purchase a product will only be deemed to have been concluded once all amounts payable by you for the purchase of the product have been received by TSMP.

5.4 TSMP shall notify you should any products be unavailable for any reason whatever.

6 Delivery.

6.1 Delivery within South Africa: products will be delivered within two weeks of the date upon which all amounts payable by you for the purchase of the product have been received by TSMP.

6.2 Delivery outside South Africa: products will be delivered within three weeks of the date upon which all amounts payable by you for the purchase of the product have been received by TSMP.

6.3 A full record of your transaction can be accessed by clicking here.

6.4 TSMP are not liable for any late deliveries.

7 Payment.
For details on payment options, please refer to the payment options.

8 Compliance with Section 43(1) of the Electronic Communications and Transactions Act of 2002 ("ECT Act"). In compliance with section 43(1) of the ECT Act, please note the following


8.1 full name : That Special Moment Preservation CC ;

8.2 physical address : PO Box 2458, Witkoppen, Johannesburg, South Africa, 2068;

8.3 telephone number : +27 11 465 8580

8.4 website address : thatspecialmoment.com;

8.5 e-mail address : info@thatspecialmoment.com;

8.6 registration number : CK number: 2008/210506/23;

8.7 registered address : Concertino House, 106 Kloof Street, Cape Town;

8.8 physical address for receipt of service : c/o Robyn Hey & Associates, Office 6, 35-On-Rose, Rose Street, Bo-Kaap, Cape Town;

8.9 description of main characteristics of goods offered by TSMP: 

8.10 the full price of goods, including all transport costs, taxes and other fees or costs:

8.11 TSMP may make use of arbitration to settle dispute with its customers and suppliers. A copy of the rules of the Arbitration Forum of South Africa may be obtained from TSMP directly. Should you require a copy thereof, please contact TSMP on +27 11 465 8580.

9  Cooling off Period and Returns.

9.1 Standard products
The provisions of clause 44 of the ECT Act (cooling off period) applies only to products which have not been specifically customised according to your requirements (“standard products”). You may cancel the transaction to purchase standard products at any time within 7 (seven) days of date of receipt of the standard product and you will receive a
refund of the purchase price paid. In this regard, you must inform TSMP in writing within 7 (seven) days of date of receipt of the standard product and return the standard product in its original packaging within 30 days of delivery, accompanied by a return postal address, full name and purchase order number. If you have effected payment prior to exercising your right to return a standard product, TSMP will refund you the full purchase price thereof, less any direct costs incurred by TSMP in returning such standard product.

10. Privacy and Security.
All personal information obtained by TSMP by virtue of your use of this website is protected as set out in our privacy and security policy [create hyper link to privacy policy]. Further, the security processes and procedures used by TSMP to protect information transmitted via the website are also set out in the privacy and security policy.

11. Copyright and Intellectual Property Rights.
Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively "the materials") are owned by TSMP alternatively, TSMP is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will
constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from TSMP. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of TSMP. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of TSMP.

Copyright and all intellectual property rights including, without limitation, trademarks, patents and rights in designs in and to the products vests with TSMP.

12. External links.
External links may be provided for your convenience, but they are beyond the control of TSMP and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of TSMP.

13. Unlawful use.
You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify TSMP against any loss, liability, damage or expense of whatever nature which TSMP or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.

14.  Warranties, Disclaimers and Limitation of Liability.

14.1 Save as set out in the terms, TSMP makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the products, and the website and products made available via the website are provided "as is".

14.2 Neither TSMP nor its directors shall be responsible for and hereby disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and/or your use of the products. Without limiting the generality of the aforegoing, neither TSMP nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any services which are necessary to ensure the availability of the website. You hereby indemnify TSMP or its directors against any loss, liability, damage (whether direct or
consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, TSMP shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the products.

14.3 TSMP shall not be liable for any damage to any item stored in it’s products.

14.4 Without limiting the generality of the aforegoing, TSMP shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.

14.5 By accessing the website, you warrant and represent to TSMP that you are legally entitled to do so to purchase any of the products offered for sale via the website.

15. Use of the Website: TSMP does not make any warranty or representation that information and products advertised on the website are appropriate for use in any
jurisdiction. By accessing the website, you warrant and represent to TSMP that you are legally entitled to do so and to make use of information and purchase the products made available via the website.

16. Address for Service

16.1 The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out in 8.10 and telefax number set out in 8.3.

16.2 TSMP shall be shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

17 General

17.1 The terms constitute the sole record of the agreement between you and TSMP in relation to the subject matter hereof. Neither you nor TSMP shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or
representations, whether written or oral, between you and TSMP in respect of the subject matter hereof. No indulgence or extension of time which either you or TSMP may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

17.2  TSMP shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.

17.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any  reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.

17.4 Should TSMP be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as TSMP is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then TSMP shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of G-d, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.

17.5 These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith. This policy was last updated on 10 June 2010.

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