1)     Introduction

1. a)This website can be accessed at ecopots.co.za, (the “Website”) and is  owned and operated by Ecopots South Africa (Proprietary) Limted
2. b)These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
3. c)These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website , including without limitation each user who registers (“registered user”). 

2)    Important Notice

1. a)These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. b)Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Ecopots in terms of the CPA.
3. c)Ecopots permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3)    Returns

1. a)Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

4)    Registration and use of the website

1. a)Only registered users may order Goods on the Website.
2. b)To register as a user, you must provide a unique username and password and provide certain information and personal details to Ecopots. You will need to use your unique username and password to access the Website in order to purchase Goods.
3. c)You agree and warrant that your username and password shall:
4. i)be used for personal use only; and
5. ii)not be disclosed by you to any third party.
6. d)For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
7. e)You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
8. f)You agree to notify Ecopots immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
9. g)By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
10. h)You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Ecopots 

5)    Conclusion of sales and availability of stock

1. a)Registered users may place orders for Goods, which Ecopots may accept or reject. Whether or not Ecopots accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Ecopots for the Goods.
2. b)NOTE: Ecopots will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Ecopots come into effect (the “Sale”). This is regardless of any communication from Ecopots stating that your order or payment has been confirmed. Ecopots will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
3. c)Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
4. d)You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Ecopots, Ecopots will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Ecopots will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

6)    Payment

1. a)We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. b)Payment may be made for Goods via any method allowed by the facilities offered by the Third Party Payment provider – Payfast (www.payfast.co.za)
3. c)Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

7)    Delivery of goods

1. a)Ecopots will deliver your Goods to you via Third Party Courier service.
2. b)For more information about delivery, please see our guide to Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
3. c)Ecopots’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Ecopots is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

8)    Errors

1. a)We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

9)    Privacy policy

1. a)We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

10)  Changes to these Terms and Conditions

1. a)Ecopots may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
2. b)Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

11)   Electronic communications

1. a)When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy

12)  Ownership and copyright

1. a)The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Ecopots, and/or is licensed to Ecopots.
2. b)You will not acquire any right, title or interest in or to the Website or the Website Content.
3. c)Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Contact Form

13)  Disclaimer

1. a)The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
2. b)Whilst Ecopots takes reasonable measures to ensure that the content of the Website is accurate and complete, Ecopots makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Ecopots’s representatives, Ecopots shall not be bound thereby.
3. c)Ecopots disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
4. d)Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5. e)Any views or statements made or expressed on the Website are not necessarily the views of Ecopots, its directors, employees and/or agents.
6. f)In addition to the disclaimers contained elsewhere in these Terms and Conditions, Ecopots also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Ecopots, its employees, agents or authorised representatives. Ecopots thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

14)  Linking to third party websites

1. a)This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control. These Terms and Conditions do not apply to those Third Party Websites and Ecopots is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
2. b)Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

15)  Limitation of liability

1. a)Ecopots cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Ecopots, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Contact Page
2. b)ECOPOTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
3. c)YOU HEREBY INDEMNIFY ECOPOTS AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

16)  Availability and termination

1. a)We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
2. b)Ecopots may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Ecopots will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
3. c)If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
4. d)Ecopots is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Ecopots to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Ecopots, in whole or in part, on notice to you. Ecopots shall only be liable to refund monies already paid by you (see Ecopots’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
5. e)At any time, you can choose to stop using the Website, with or without notice to Ecopots.

17)  Governing law and jurisdiction 

1. a)These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
2. b)In the event of any dispute arising between you and Ecopots, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
3. c)Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.