Catholic Devotions Terms and Conditions
1. Website Use:
1.1. The Catholic Devotions’ website can be opened at https://catholicdevotions.co.za, (the “website”) and is owned and operated by Catholic Devotions (“Catholic Devotions”).
1.2. The website terms and conditions (“terms and conditions”) govern all orders, sales and the delivery of the products, and the use of the website.
1.3. The terms and conditions are binding and enforceable against every person that accesses or uses this website, including without limitation each user who registers as a user (“registered user”). Any registered user accessing the website acknowledges that they have read the terms and conditions and agree to be bound by the terms and conditions.
1.4. The website enables the registered user to shop online for catholic devotional and inspirational items (“products”).
1.5. Only registered users may order products on the website.
1.6. To register as a user, you must provide a valid email and password and provide certain information and personal details to Catholic Devotions. You will need to use your email address and password to access the website in order to purchase products.
1.7. You agree and warrant that your email address and password shall:
1.7.1. be used for personal use only; and
1.7.2. not be disclosed to any third party.
1.8. For security purposes, the registered user agrees to enter the correct email address and password whenever ordering products from the website, failing which access will be denied.
1.9. Once the correct email address and password relating to the registered user’s account has been entered, irrespective of whether the use of the email address and password is unauthorised or fraudulent, the registered user will be liable for payment of such order, save where the order is cancelled in accordance with the terms and conditions.
1.10. The registered user agrees to notify Catholic Devotions immediately upon becoming aware of, or reasonably suspecting any unauthorised access to or use of its email address and password and to take steps to mitigate any resultant loss or harm.
1.11. By using the website, the registered user warrants that they are 18 (eighteen) years of age or older and of full legal capacity. If a registered user is under the age of 18 (eighteen) or if not legally permitted to enter into a binding agreement, then such registered user may use the website only with the involvement and supervision of a parent or legal guardian. If such parent or legal guardian supervises the registered user and gives consent, then such person agrees to be bound to the terms and conditions and to be liable and responsible for all obligations incurred by such registered user under the terms and conditions.
1.12. The registered user must accept the terms and conditions, prior to any sale or order, as all sales orders and transactions on or through the website, are governed by the terms and conditions.
1.13. Should a registered user not understand any of the terms and conditions, it is incumbent upon the registered used to ask Catholic Devotions to explain it before accepting the terms and conditions or before using the website or entering into any sale, order or transaction through the website.
1.14. Any registered users use of the website subject to the terms and conditions. Any registered user using the website in any way, shall be deemed to have accepted all the terms and conditions unconditionally.
2. Applicable Legislation: Consumer Protection Act, Electronic Communications and Transactions Act:
2.1. The terms and conditions apply to all registered users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“CPA”).
2.2. Nothing in the terms and conditions is intended be in conflict with the terms of the CPA, by unlawfully restricting, limiting or avoiding any right or obligation of either Catholic Devotions or the registered user.
2.3. Catholic Devotions is a participant under the Consumer Products and Services Industry Code and are bound by it. An electronic copy of this code is available at http://www.cgso.org.za/downloads/. If any registered user has a complaint about the products or services provided by Catholic Devotions or require information regarding Catholic Devotions’ internal complaints-handling process, please get in touch with via our contact page on the website.
2.4. If Catholic Devotions does not resolve a complaint within 15 (fifteen) business days of receipt of notifiction the registered is are entitled to approach the Consumer Products and Services Ombud (“cgso”), to assist in resolving the dispute. The cgso’s contact details are website: https://www.cgso.org.za/cgso/contact-us/ Call: 0860 000 272 email: complaints@cgso.org.za
2.5. For the purposes of the Electronic Communications and Transactions Act, 25 of 2002 (“ECT”) Act, Catholic Devotions’ information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the website:
2.6. Full name: Catholic Devotions
2.7. Main business: Online Retailer
2.8. Physical address for receipt of legal service (also postal and street address): 65 Road No. Victory Park (marked for attention: Jacqui Robinson)
2.9. Office bearers: Jacqueline Robinson
2.10. Phone number: +27833095934
2.11 Email address: admin@catholicdevotions.co.za.
2.12 The Promotion of Access to Information Act (“PAIA”): the manual published in terms of section 51 of PAIA may be requested.
3. Registered User Obligations and Prohibitions
3.1. No registered user;-
3.1.1. will in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the website. In addition, as the registered user agrees that it will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent from an authorised Catholic Devotions representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this website).
3.1.2. may use the website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
3.1.3. may 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 Catholic Devotions representative.
3.1.4. may cancel an order prior to delivery after receipt of a dispatch notice. After delivery of the products, products may only be returned in accordance with the Catholic Devotions refund and returns policy.
3.2. A registered user may place orders for products, which Catholic Devotions may accept or reject. Whether or not Catholic Devotions accepts an order depends on the availability of products, correctness of the information relating to the products (including without limitation the price) and receipt of payment or payment authorisation by Catholic Devotions for the products.
3.3. It is the registered user’s responsibility to regularly check the terms and conditions and make sure that they are satisfied with the changes. Should the registered user not be satisfied, the registered user must not place any further orders on, or in any other way use, the website.
3.4. Any such change will only apply to the registered user’s use of this website after the change is displayed on the website. If the registered user uses the website after the terms and conditions have been amended and displayed on the website, the registered user will be deemed to have accepted such changes.
3.5. When the registered user visits the website or send emails to Catholic Devotions, such will deem the register’s user’s consent to receiving communications from Catholic Devotions electronically in accordance with our privacy policy.
3.6. 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 Catholic Devotions, its advertisers and/or sponsors and/or its suppliers is licensed to Catholic Devotions.
3.7. The registered user will not acquire any right, title or interest in or to the website or the website content.
3.8. Any use, distribution or reproduction of the website content is prohibited unless expressly authorised in terms of the terms and conditions or otherwise provided for in law. To obtain permissions for the commercial use of any website content contact Catholic Devotions via email.
3.9. Where any of the website content has been licensed to Catholic Devotions, the registered user’s rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and the registered user agrees to comply with such third party terms and conditions.
3.10. The use of the website is entirely at the registered user’s own risk and the registered user assumes full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website.
3.11. Whilst Catholic Devotions takes reasonable measures to ensure that the content of the website is accurate and complete, Catholic Devotions 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 Catholic Devotions’ representatives, Catholic Devotions shall not be bound thereby.
4. Orders
4.1. Placing the products in a wishlist or cart without completing the purchase transaction does not constitute an order for the products so placed. Accordingly, such products may be removed from the cart if stock is no longer available or the price changes, without notice. No registered user can hold Catholic Devotions liable if such products are not available or are not available at the same price when the registered user completes or attempts to complete the purchase transaction at a later stage.
4.2. The registered user acknowledges that stock of products on offer is limited and that pricing may change at any time without notice to the registered user. In the case of products for sale by Catholic Devotions, Catholic Devotions will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers are discontinued on the website. However, we cannot guarantee the availability of the products. When products are no longer available after an order has been placed, Catholic Devotions will notify the registered user who shall be entitled to a refund of any amount already paid for the products that are no longer available.
4.3. Some of the products may not be purchased for re-sale. Should we suspect that any of the products are being purchased for resale, Catholic Devotions shall be entitled to cancel such order immediately.
4.4. If at any time the website offers pre-orders of any of the products, such pre-orders will be subject to the terms and conditions and subject to any specific conditions set out by Catholic Devotions in respect of any pre-order.
4.5. Catholic Devotions will indicate the acceptance of any order by delivering the products to the registered user, and only at that point will an agreement of sale between the registered user and Catholic Devotions come into effect (“sale”). This is regardless of any communication from Catholic Devotions stating that any order or payment has been confirmed. Catholic Devotions will indicate the rejection of any registered user order (by Catholic Devotions) by cancelling it and, as soon as possible thereafter, refunding the registered user for any amount already paid.
5. Shipping and Payments
5.1. Catholic Devotions offers multiple methods of delivery of products that is via a courier.
5.2. Catholic Devotions’ delivery charges are subject to change at any time, without prior notice to the registered user, the applicable delivery charges are reflected in the cart when you check out.
5.3. Catholic Devotions is committed to providing secure online payment facilities to all registered users. All transactions are encrypted in the payment gateway/s used by Catholic Devotions, including but not limited to Payfast Payment Gateway and Yoco Payment Gateway
5.4. Payment for products can be made via:-
5.4.1. Debit card;
5.4.2. Credit & Cheque card: where payment is made by credit or cheque card, Catholic Devotions may require additional information in order to authorise and/or verify the validity of payment. In such cases Catholic Devotions is entitled to withhold delivery until such time as the additional information is received by Catholic Devotions and authorisation is obtained by Catholic Devotions for the amounts. If Catholic Devotions does not receive authorisation any order for products will be cancelled. The registered user warrants that the registered user is fully authorised to use the credit card supplied for purposes of paying for products. The registered user also warrants that its credit card has sufficient available funds to cover all the costs incurred for products purchased on the website;
5.4.3. Direct bank deposit or electronic funds transfer: if a registered user pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing the order. Catholic Devotions will not accept the registered users order if payment has not been received and cleared in Catholic Devotions’ bank account;
5.4.4. Instant eft;
5.5. The above payment options are explained in more detail our payment information page.
5.6. Catholic Devotions will send email communications about any order and payment.
5.7. Once a registered user has selected a payment method (save for direct bank transfer), the registered user will be directed to a link to a secure site for payment of the applicable purchase price for the products.
6. Catholic Devotions Rights and Responsibilities
6.1. Where Catholic Devotions accepts a registered user’s order, Catholic Devotions will deliver the products to the registered user as soon as reasonably possible, but no later than 15 (thirty) business days of receipt of payment (“the delivery period”). Catholic Devotions will notify the registered user if Catholic Devotions is unable to deliver the products during the delivery period. The registered user may then, within 10 (ten) business days of receiving such notification elect whether to cancel the order for the products. If the registered user elects to cancel the order, Catholic Devotions will reimburse the registered user for the purchase price.
6.2. Catholic Devotions’ obligation to deliver a product to the registered user is fulfilled when Catholic Devotions delivers the product to the physical address nominated by the registered user for delivery of the order. Catholic Devotions is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by the registered user.
6.3. Catholic Devotions shall take all reasonable efforts to accurately reflect the description, availability, of all the products on the website.
6.4. Catholic Devotions will endeavour to ensure that the product description reflects what is offered by Catholic Devotions’ but will not accept responsibility if products are incorrectly described.
6.5. Catholic Devotions will reserve stock for customers in the order in which it receives payment. Therefore, if payment is made via Electronic Funds Transfer, it might be that the registered user will not get the item because Catholic Devotions may only receive payment a few days later, and there are other payment methods which may reflect sooner. Catholic Devotions may, in its sole discretion, change any of the terms and conditions at any time.
6.6. Catholic Devotions 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.
6.7. Although the products sold from the website are 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.
6.8. Any views or statements made or expressed on the website are not necessarily the views of Catholic Devotions, its directors, employees and/or agents.
6.9. In addition to the disclaimers contained elsewhere in the terms and conditions, Catholic Devotions 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. The registered user accepts 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 hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Catholic Devotions, its employees, agents or authorised representatives. Catholic Devotions thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with the registered users access to or use of the website.
6.10. Catholic Devotions 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 Catholic Devotions, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our contact form located on our contact page.
6.11. Catholic Devotions shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from registered user’s use of, or reliance upon, the website or the content contained in the website; or in a registered user’s ability to use the website, and/or unlawful activity on the website and/or any linked third party website.
6.12. The registered user hereby indemnifies Catholic Devotions against any loss, claim or damage which may be suffered by the registered user or any third party arising in any way from the registered user’s use of this website.
6.13. Catholic Devotions 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.
6.14. Catholic Devotions may in its sole discretion terminate, suspend and modify this website, with or without notice. The registered user agrees that Catholic Devotions will not be liable to the registered user in the event that it chooses to suspend, modify or terminate this website other than for processing any orders placed prior to such time, to the extent possible.
6.15. If the registered user fails to comply with its obligations under the terms and conditions, including any incident involving payment of the price of an order for the products, this may (in the sole discretion of Catholic Devotions with or without notice to the registered user ) lead to a suspension and/or termination of the registered user’s access to the website without any prejudice to any claims for damages or otherwise that Catholic Devotions may have against the registered user.
6.16. Catholic Devotions is entitled, for purposes of preventing suspected fraud and/or where it suspects that the registered user is abusing the website and/or has created multiple user profiles to take advantage of a promotion or coupon intended by Catholic Devotions to be used once-off by the registered user, to blacklist the registered user on its database (including suspending or terminating the registered user’s access to the website), refuse to accept or process payment on any order, and/or to cancel any order concluded between the registered user and Catholic Devotions, in whole or in part, on notice to the registered user. Catholic Devotions shall only be liable to refund monies already paid by the registered user (see Catholic Devotions’ refund and returns policy) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
6.17. At any time, the registered user can choose to stop using the website, with or without notice to Catholic Devotions.
6.18. Catholic Devotions may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the registered user’s right to use the website or any of its contents subject to Buy Box processing any orders then already made by the registered user.
6.19. Catholic Devotions may change the price of products without notice to the registered user.
7. Coupons
7.1. Catholic Devotions may from time to time make physical or electronic promotional coupons or discounts (“coupons”) available for use on the website towards the purchase of products. Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended.
7.2. There are two types of coupons; a coupon with a fixed amount of a discount, e.g. R100 off (“fixed basket discount“), and a coupon with a percentage discount, e.g. 10% off (“percentage discount“).
7.3. Any of the coupons are issued in Catholic Devotions’ sole discretion and Catholic Devotions is entitled at any time to correct, cancel or reject the coupon for any reason (including without limitation where the coupon has been distributed in an unauthorised manner). Registered users do not have a right to coupons, and coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
7.4. As a rule, and unless specified otherwise on the specific coupon itself:
7.4.1. the coupon can only be used once;
7.4.2. only one of the coupons can be used per order;
7.4.3. only one of the coupons can be used on the website per person per promotion/campaign;
7.4.4. the percentage coupons may only be redeemed on purchases with a total cart value of less than R1,000;
7.5. Where the percentage discount has been used and the registered user wishes to cancel any items in the order prior to making payment, the entire order must be cancelled. The user may then attempt to use the same coupon on the new order; if the coupon does not work the user may request a new coupon from Catholic Devotions; Catholic Devotions is under no obligation to fulfil this request.
7.6. The coupon must be used at check-out, it cannot be used on an existing order which has been placed; and
7.7. The value of the coupon will be set off against the value of the cart and the balance remaining, if any, will be payable by the registered users.
7.8. The coupons cannot be used to buy additional coupons and cannot be exchanged or refunded for cash or credit. Catholic Devotions is not responsible for any harm due to the loss, unauthorised use or distribution of any of the coupons.
7.9. If for any reason a coupon does not reflect on the final amount due from the registered user at check-out, the registered user can contact Catholic Devotions on admin@catholicdevotions.co.zaa to confirm if the coupon is still valid. If Catholic Devotions confirms that the coupon is still valid and the registered use have already placed your order, you can choose whether to cancel the order and place it again with the coupon, or the registered user can use the coupon on a future order within the limitations of the coupon’s specific terms and conditions.
7.10. The registered user may be required to submit the original communication containing the coupon code, and any other information reasonably requested by Catholic Devotions before the registered user is able to use any of the coupons.
7.11. The website will provide instructions on how to use/redeem any of the coupons, as applicable.
8. Discounts and Sales
8.1. From time to time, Catholic Devotions may offer some products at discounted prices as part of a sale. These will be subject to certain conditions (as set out in the terms and/or the website), which define the sale. If the registered user buys any products on sale, the registered user will pay the discounted price for that product.
8.2. However, if the registered user buys a product(s) in a manner that falls outside of the sale, then the registered user will pay the then current (non-sale) selling price on the website (the “regular price”), for each product that falls outside the sale.
8.3. At our discretion, sales are available for a fixed period. In addition, please note that sales have a stock limit and may expire earlier if stock runs out.
8.4. Sales quantities are limited and after sales stock is sold out, those particular products may be available on the website at their normal selling prices.
8.5. Catholic Devotions does not guarantee a specific saving. The extent of the sale or discount is at the sole discretion of Catholic Devotions.
8.6. The number of each sale item which may be purchased per customer may in Catholic Devotions’ sole discretion be limited.
8.7. Adding a sale item to the cart or completing an order for a sale without paying for it, does not reserve the item. Catholic Devotions must receive payment from the registered user within 48 hours of placing of an order for a sale, otherwise Catholic Devotions will cancel the order.
9. Jurisdiction, Domicile & Notices
9.1. The terms and conditions and the relationship and/or any dispute arising from or in connection with the terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. The registered user’s continued use of the website will constitute 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 the terms and conditions.
9.2. In the event of any dispute arising between the registered user and Catholic Devotions, the register user hereby consents to the non-exclusive jurisdiction of the Magistrates Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall be above the monetary jurisdiction of that court.
9.3. Nothing in this clause 9 or the terms and conditions limits the registered user’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
9.4. Catholic Devotions hereby selects 12 2nd Avenue Victory Park, as its address for the service of all formal notices and legal processes in connection with the terms and conditions. Catholic Devotions may change this address from time to time by updating the terms and conditions.
9.5. The registered user hereby selects the delivery address specified with any order as it’s legal address, but the registered user may change it to any other physical address by giving Catholic Devotions not less than 7 days’ notice in writing.
9.6. Notices must be sent either by hand or email and must be in English. All notices sent by email will be deemed to have been received on the date indicated in the “read receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received. All notices sent by hand will be deemed to have been received on the date of that such notices have been delivered.
10. General
10.1. The registered user may not cede, assign or otherwise transfer their rights and obligations in terms of the terms and conditions to any third party.
10.2. Any failure on the part of the registered user or Catholic Devotions to enforce any right in terms hereof shall not constitute a waiver of that right.
10.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
10.4. No variation, addition, deletion, or agreed cancellation of the terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
10.5. No indulgence, extension of time, relaxation or latitude which any party may show grant or allow to the other shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
10.6. The terms and conditions contain the whole agreement between the registered user and Catholic Devotions, and no other warranty or undertaking is valid, unless contained in this document between the parties.
