This document governs:

• the use of our website, and,
• any other related agreement or legal relationship with us

in a legally binding way.

You must read this document carefully.

Our website is provided by: 

Shungite

29 Villa Zenobia

Veda Street

Montana

Pretoria

Contact email: sales@shungite.co.za

TERMS OF USE

Unless stated otherwise, the terms in this section apply generally when using our website.

Specific or additional conditions may apply in certain situations and are noted in this document.

You can use the service without an account,

Content on the website

Unless otherwise noted, all content on our website is owned or provided by us or our licensors.

We do our best to ensure the content on our website complies with all laws and respects third-party rights. However, this may not always be achievable.

If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact details provided in this document.

Rights regarding content on our website - All rights reserved

We hold and reserve all intellectual property rights for all content.

You may not use such content in any way that is not necessary or implied for the proper use of the service.

Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the content on our website. You also cannot allow any third party to do so through your account or device, even unknowingly.

Where explicitly stated, you may download, copy, and share some content from our website for personal and non-commercial use, provided you correctly implement copyright and other required attributions.

Any statutory limitations or exceptions to copyright remain unaffected.

Access to external resources

Through our website, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.

Conditions for third-party resources, including any rights granted in their content, are governed by those third parties' terms and conditions or by applicable law.

Acceptable use

Our website and service may only be used within the scope of what is provided for, under these terms and applicable law.

You are solely responsible for ensuring your use of our website and service does not violate any laws, regulations, or third-party rights.

We reserve the right to protect our interests by denying you access to our website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:

• violating laws, regulations, or these terms;
• infringing on third-party rights;
• significantly impairing our legitimate interests;
• offending us or any third party.

TERMS AND CONDITIONS OF SALE

Paid products

Our products require payment. Details about fees, duration, and conditions are described below and in the dedicated sections of our website.

Product description

Prices, descriptions, and availability of products are detailed in the relevant sections of our website and may change without notice.

Although we strive for accuracy in presenting products on our website, representations (including graphics, images, colors, and sounds) are for reference only and do not guarantee the characteristics of the purchased product.

The specific characteristics of the chosen product are outlined during the purchasing process.

Purchasing process

Every action taken from selecting a product to submitting the order is part of the purchasing process.

Add desired product/products to cart

Check out

Fill in your delivery address

Continue to payment

Order submission

When you place an order, the following apply:

• submitting an order determines the contract conclusion and obligates you to pay the specified price, taxes, and delivery fees;
• if the purchased product requires action from you, such as providing personal information or specific requests, submitting the order means you agree to cooperate accordingly;
• after submitting the order, you will receive a receipt confirming that the order has been received.

All communications regarding the purchasing process will be sent to the email address you provided.

Prices

During checkout and before order submission, you will see all charges, including any fees, taxes, and costs (including, where applicable, delivery costs).

On our website, prices are displayed including all applicable fees and costs.

Methods of payment

Details about accepted payment methods are provided during the purchasing process.

Retention of product ownership

Until payment of the total purchase price is received by us, any products ordered will not become your property.

Delivery

Products are delivered to the address provided by you and in the manner outlined in the order summary.

Upon delivery, please check the content and report any issues promptly using the contact details provided in this document or as outlined in the delivery note. If the parcel appears visibly damaged, you may refuse to accept it.

Goods are delivered to South Africa only

Delivery Times: Monday to Friday -09H00 – 16H00

Failed delivery

We are not liable for delivery errors due to incorrect or incomplete information provided by you during the purchasing process nor for any damage or delays after delivery to a carrier organised by you and not offered or recommended by us.

If the goods are not received or collected at the time or within the period specified, they will be returned to us. We will contact you to schedule a second delivery attempt or to agree on a future course of action.

Unless otherwise agreed, each delivery attempt after the second one will be at your expense.

USER RIGHTS

Right of withdrawal

If you changed your mind after your purchase, you will have 6H to cancel the order. Due to transaction fees on our side, we will give you a 75% refund of the purchase price of the goods.

Effects of withdrawal

If you correctly withdraw from a contract, we will reimburse you up to 75% of payments made to us, including any delivery costs, if applicable.

However, any additional costs resulting from choosing a delivery method other than our standard option will not be reimbursed.

We will process your reimbursement promptly and no later than 14 days after we receive your withdrawal notification. Reimbursements will be made using the same payment method you used for the initial transaction unless agreed otherwise. You will not incur any costs or fees for this reimbursement on the purchase of physical goods

You are responsible for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.

You will bear the costs of returning the goods.

Exercising your right to cancel

To withdraw from a contract, you must inform us clearly of your decision. This can be done by sending a email to sales@shungite.co.za within 6 hours of your purchase

GUARANTEES

Legal guarantee of conformity for goods 

We guarantee the conformity of goods sold for at least 6 months from delivery. This guarantee applies to goods on our website

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:

• any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;
• any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to your account or the information within it;
• errors, mistakes, or inaccuracies in the content provided;
• personal injury or property damage resulting from your use of the service;
• unauthorized access to our secure servers or personal information stored therein;
• interruption or cessation of transmission to or from the service;
• bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;
• errors or omissions in any content posted, transmitted, or made available through the service;
• defamatory, offensive, or illegal conduct of any user or third party. Our liability is limited to the amount you have paid us in the preceding 12 months, or the duration of your agreement with us, whichever is shorter.

This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.

Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions might not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.

Indemnification

By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:

• your use of the service, including any data or content you transmit or receive;
• your violation of these terms, including any breach of representations and warranties;
• your violation of third-party rights, such as privacy or intellectual property rights;
• your violation of statutory laws, rules, or regulations;
• any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;
• your intentional misconduct; or
• any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.

COMMON PROVISIONS

No waiver

Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.

Privacy policy

For information on the use of personal data, you can refer to our website's privacy policy.

Changes to the terms

We reserve the right to modify these terms at any time, informing you of any changes.

Such changes will only affect the relationship with you from the date communicated onwards.

Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.

The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.

If legally required, we will notify you in advance of when the modified terms will take effect.

Contact

All communications regarding the use of our website must be sent using the contact information provided in this document.

Severability

Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.

Venue of jurisdiction

The jurisdiction over any controversy related to these terms lies with the courts of the place where we are based, as outlined in the relevant section of this document.