Welcome to Kumo
TERMS AND CONDITIONS
- This website can be accessed at kumolife.co.za related mobi-sites and software applications (the “Website”) and is owned and operated by MoveLiveBecome (Pty) Ltd t/a Kumo.co.za (“Kumo”, “we” , “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions” or “Ts & Cs”) govern the ordering, sale and delivery of Goods, and the use of the Website.
- The site enables buyers to shop for items including runni g technical gear and equipment by selected departments and local and international brands (“the products”) online and have them delivered door-to-door within South Africa.
- Legally binding contract
- All users and account holders, including those that buy from the site (“buyers”) are bound by these Ts & Cs.
- By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.
- Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Kumo to explain the relevant clause to you before you accept the T&Cs by using or buying from the site.
- Products and availability
- The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out.
- A purchasing contract (“sale”) between you and Kumo only comes into effect once you have fully completed AND submitted the online order form for one or more products in your basket (“shopping cart”) AND your payment has been authorised by Kumo (or has been received into Kumo’s bank account). The above is dependent on the product being available.
- Please note that the stock of all items on offer is limited. If it happens that Kumo is unable to fulfil any order at the advertised price because stock is sold out, Kumo will inform you and you’ll be entitled to a refund for the rand value of your purchase.
- Products on Kumo cannot be reserved to be bought at a later stage and placing an item in your basket without completing the order does not amount to a sale or an order. This means that Kumo may remove any item from your basket before the sale actually takes place in the event of the product going out of stock.
- Kumo cannot be held responsible if an order has become unavailable by the time you try to complete a purchase at a later stage.
- Cancelling and ending orders
Kumo reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. Kumo will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return item(s) purchased (see Kumo’s Delivery and Returns Policy for more information).
- Kumo reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
- Kumo may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
- In the event of a fraudulent purchase being placed on Kumo, cardholders will be advised to initiate a chargeback via their bank in order to be refunded.
- Kumo does not process refunds for orders suspected of fraud.
- Kumo does not provide order details relating to orders suspected of fraud.
- Delivery fees
6.1 Deliveries will be charged at R175
- Making a Payment
7.1 Paying by credit card
7.1.1. Credit Card Transactions are acquired by PayGate (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Card Holders may go to www.paygate.co.za to view their security policy.
- Kumo accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases, and Electronic Funds Transfer (“EFT”).
- When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.
- If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Kumo.
- Kumo delivers Monday-Friday, within business hours in the Republic of South Africa.
- As a buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
- In the case of door-to-door delivery, your parcel will be delivered to the address you specified in the checkout process.
- In the case of door-to-door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery use the mobile phone number you provided in your order and/or leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
- The courier will try once more, and if at that time there is still no one to sign for the parcel, it will be your responsibility to send an email to firstname.lastname@example.org to arrange delivery.
- If you don’t contact Kumo within 5 working days of the courier attempting the second delivery, the courier will return the parcel to Kumo, and we will contact you via email to discuss potential redelivery at your own cost.
- If this attempt does not succeed within a reasonable amount of time, Kumo will reimburse you the rand value paid for the product(s) purchased. Should a delivery fee have been charged on the order, this will not be reimbursed.
- Delivery time and delays
- Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa is 7 working days.
- As outlined in Paragraph 8.1 above, all Kumo deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.
- Delivery Completed
- A delivery is considered complete as soon as the parcel is accepted by an individual on your behalf at your specified delivery address.
- This also applies when the package has been handed over by the courier, as indicated in the courier’s tracking system.
- It is your responsibility, as buyer, to ensure that you or the intended receiver of the product (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.
- Such complaints and claims must be brought to the attention of Kumo by emailing email@example.com
- Lost parcels
- If neither the depot nor the tracking system provides any indication where the parcel is, please send email to firstname.lastname@example.org
- If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause.
- If the parcel is declared lost, Kumo will notify you and reimburse you for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).
- Defective items, returns and reimbursement
If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to Kumo within 14 days of delivery, free of charge if you are based in South Africa, and either receive a refund, or have the product repaired or replaced, depending on the situation. The Delivery and Returns Policy informs you of your rights in this regard.
- Unless otherwise stated, Kumo and/or it’s licensors own the intellectual property rights for all material on Kumo. All intellectual property rights are reserved. You may view and/or print pages from https://www.kumolife.co.za for your own personal use subject to restrictions set in these terms and conditions.
- You must not:
- In the event of any disputes of any kind between you and Kumo, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for negotiation between Kumo and you.
- Should this matter not be resolved by negotiation, it will be referred to confidential arbitration.
- Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa or Tokiso Dispute Resolution (Pty) Ltd.
- Content Liability
We shall have no responsibility or liability for any content appearing on your Website and/or social media channels, if any. You agree to indemnify and defend us against all claims arising out of or based upon your Website and/or social media channels. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
- To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
- Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
16.1 To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Kumo is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Kumo is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security. However, neither Kumo nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.
- Credit & Contact Information
If you have any queries regarding any of our terms and conditions, please contact us.
- Legal notice address
Kumo elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following:
Kumo HQ, 1 Stan Rd Sandton, Johannesburg 2000 – Gauteng, South Africa