1.1. Welcome to [www.shop.dallacia.com] (“the Website”).The Website is the property of and is operated by P2 Group (Pty) Ltd (Registration Number: 2010/013419/07), trading as Port2Port, a South African limited liability company with physical address at 120 Church Street, Cape Town (“P2P”, “we” or “us”). These terms and conditions (the “General Terms and Conditions of Use”) govern your use of the Website.
1.3. P2P makes the Website available to you on the terms and conditions set out in the General Terms and Conditions of Use. By using the Website, you agree to comply with and be bound by these General Terms and Conditions of Use, and they will form a binding contract between you and us (P2P). If you do not agree to these General Terms and Conditions of Use, you must not use the Website.
2. Other Site Policies and Severability of Terms
2.3. The General Terms and Conditions of Sale will apply in respect of any purchase by you, via the Website, of any product listed on the Website (“the Merchandise”).
2.4. If you do not agree to:
2.4.2. the General Terms and Conditions of Sale or any part of them, you must not make any purchases of Merchandise via the Website.
2.5. We reserve the right to make changes to the Website, the General Terms and Conditions of Use, and/or the Site Policies, at any time. Revisions will apply from the date of the publication of the revised terms on the Website and shall not have retrospective application.
2.6. If any of the provisions of these General Terms and Conditions of Use or of any of the Site Policies is deemed by a competent court to be invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the remaining provisions, and shall not affect the validity and enforceability of any remaining provisions.
3. Use of Website and Purchase of Merchandise for Personal Use Only
3.1. You may use the Website and purchase Merchandise via the Website only for personal use, and not for resale or for any other commercial purpose whatsoever.
3.2. By placing an order by way of the Website, you certify that you are purchasing Merchandise for personal use only, and you accept the General Terms and Conditions of Sale.
3.3. Should you wish to purchase Merchandise for resale or any other commercial purpose, kindly send an enquiry via e-mail to [firstname.lastname@example.org].
3.4. We reserve the right to refuse to fulfil orders for any reason, without explanation.
4. Acceptable Use of Website
You must not:
4.1. use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
4.2. use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or destructive computer software or code;
4.3. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website;
4.4. use the Website or any information appearing thereon in connection with any surveys, contests, competitions and/or pyramid schemes, nor to transmit or send chain letters, junk e-mail, spam, or any other unsolicited commercial communications;
4.5. remove, obscure or alter any legal notices displayed on the Website.
5. User Submissions
5.1. We welcome your comments and feedback regarding the Website, the Merchandise and our services.
5.2. You acknowledge and agree, however, that no comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, “User Submissions”) disclosed, submitted or offered to us by any user via the Website, will be treated by us or by Dalla Cia (“our Sales Partner”)as confidential.
5.3. You represent and warrant that any User Submissions that you submit:
5.3.1. are made in compliance with applicable laws, and do not violate the rights of any third party, including privacy and intellectual property rights;
5.3.2. shall not be defamatory or maliciously false, nor inappropriate or obscene;
5.3.3. shall not constitute an incitement to commit a crime, or be in contempt of any court, or in breach of any court order, or be in breach of racial or religious hatred or discrimination laws;
5.3.4. shall not depict or incite violence, or be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful or discriminatory;
5.3.5. shall not be of a nature likely to bring us, our Sales Partner or the Website into disrepute;
5.3.6. constitute spam.
5.4. By disclosing, submitting or offering any User Submissions to the Website, you grant P2P a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such User Submissions or any part thereof throughout the world in any media. You are and shall remain solely responsible for any User Submissions that you disclose, submit or offer to P2P.
5.5. We reserve the right to edit or remove any material submitted to the Website, or stored on our servers, or hosted or published upon the Website, for any reason whatsoever, but we do not undertake to monitor the submission of User Submissions to, or the publication of User Submissions on, the Website.
7.1. All content displayed on and comprising the Website, including without limitation works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of P2P, the Sales Partner, or their content suppliers and is protected by national and international copyright and other intellectual property laws.
7.2. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of P2P, the Sales Partner or their content suppliers, as the case may be.
7.3. P2P, the Sales Partner and their content suppliers shall have the exclusive right to authorize or prohibit, in their sole discretion, any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content.
7.4. P2P, the Sales Partner and their content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the website and to object to any use, distortion or other modification of such Content.
7.5. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by P2P, the Sales Partner or their content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
7.6. P2P respects the intellectual property of others. If anything that you see on the Website leads you to believe that your work has been copied in a way that constitutes copyright infringement, please contact a P2P copyright representative for further information at email@example.com.
8. License and Site Access
8.1. P2P hereby grants you a limited, nonexclusive and non-transferable license to view, print or download any Content from the Website for your own personal use only, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other commercial use whatsoever.
8.2. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your own personal use (but not for resale, redistribution or any other commercial use).
8.3. Any unauthorized use of the Website and/or the Content immediately terminates the license granted to you by P2P in terms of clause 8.1 above, without the need for P2P to give you notice thereof.
8.4. You will be solely responsible for all damages and other harm arising out of your use of the Website and/or the Content. Neither P2P nor our Sales Partner shall be liable for, and you hereby indemnify and hold P2P and our Sales Partner harmless against, any loss or damage of whatever nature arising out of your use of the Website and/or the Content.
9. Links to other Websites
9.1. The Website may provide hyperlinks to third party websites (“Third Party Websites"). P2P does not operate, control, endorse or guarantee any Third Party Websites .
9.2. P2P provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, neither P2P nor our Sales Partner recommends that users of the Website access such Third Party Websites.
9.3. You agree that neither P2P nor our Sales Partner is responsible for any content, services and/or products provided by or displayed on any Third Party Website, nor is P2P or our Sales Partner responsible for any practice followed by such Third Party Website with respect to the collection and processing of personal data of the users of such Third Party Websites.
9.5. You agree that your use of any Third Party Website is at your sole risk and without warranties or representations of any kind by P2P or our Sales Partner, express, implied or otherwise. Under no circumstances shall either P2P or the Sales Partner be liable for any loss or damage suffered by you or by any other person, arising out of:
9.5.1. your use of a Third Party Website;
9.5.2. any transaction undertaken by you, by way of a Third Party Website; or
9.5.3. any information appearing on Third Party Websites,
and you indemnify and hold each of P2P and our Sales Partner harmless against any such loss or damage.
10. Disclaimer of Warranties and Limitation of Liability
10.1. The Website, which includes without limitation all information, content, materials, functionalities, software and services comprising, included on or otherwise made available to you through the Website, is provided by P2P on an "as is" and "as available" basis.
10.2. Neither P2P nor our Sales Partner makes any representations or warranties of any kind, express or implied, as to the operation, security or integrity of the Website, unless otherwise specified in writing. P2P does not warrant that the Website, the P2P servers, or any e-mail sent from P2P will be free of viruses or other harmful components.
10.3. You expressly agree that:
10.3.1. your use of the Website is at your sole risk;
10.3.2. to the full extent permissible by applicable law, each of P2P and our Sales Partner disclaims all warranties, express or implied, including but not limited to any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill; and
10.3.3. neither P2P nor the Sales Partner will be liable for any loss or damage of any kind, whether direct, indirect, incidental, punitive, or consequential,arising from the use of the Website, unless otherwise specified in writing.
You hereby indemnify each of P2P and our Sales Partner and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by us arising out of any breach by you of any provision of these General Terms and Conditions of Use, including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct.
Without prejudice to our other rights under these General Terms and Conditions of Use, if you breach these General Terms and Conditions of Use in any way, we may take such action as we deem appropriate to deal with the breach, including bringing court proceedings against you. If you do not comply with these General Terms and Conditions of Use, and we do not take immediate action, this does not mean that we waive our rights under the General Terms and Conditions of Use, and we will remain entitled to take action against you in the future.
13.1. P2P may transfer, sub-contract or otherwise deal with our rights and/or obligations under these General Terms and Conditions of Use without notifying you or obtaining your consent.
13.2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these General Terms and Conditions of Use.
14. Exclusion of third party rights
14.1. These General Terms and Conditions of Use are for the benefit of you (the user) and us (P2P), and unless specifically stated otherwise, are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these General Terms and Conditions of Use is not subject to the consent of any third party.
14.2. The provisions of clauses 5.2, 5.3.5, 7, 8.4, 9.2, 9.3, 9.5, 10.2, 10.3 and 11 constitute a stipulatioalteri for the benefit of our Sales Partner, and shall be capable of express or implied acceptance and enforcement thereof by it at any time.
15. Governing Law
The laws of South Africa (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Use, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Use shall be brought in South Africa.
16. Entire agreement