1. INTERPRETATION AND PRELIMINARY

The headings of the clauses in the Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify the provisions of the Terms and Conditions nor any clause hereof. In these Terms and Conditions, unless a contrary intention clearly appears:

1.1. Words Importing:

1.1.1. Natural persons include created entities (incorporated or non-incorporated) and vice versa;

1.2. The following terms shall have the meanings assigned to them hereunder, unless the context indicates otherwise, and cognate expressions shall bear corresponding meanings, namely:

1.2.1. “Day” shall mean any day of the week, excluding Saturdays, Sundays and public holidays;

1.2.2. “Content” shall mean, content currently or anticipated to be displayed on EPIFANY (PTY) LTD Page/Website, and shall include, but shall not be limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sounds and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs provided by Epifany (Pty) Ltd, its affiliates and/or subsidiaries, or any other third Party;

1.2.3. “Owner(s)” shall mean EPIFANY (PTY)LTD, its affiliates and/or subsidiaries, or any third party owners of proprietary works, its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;

1.2.4. “Supplier” shall mean any person, company, natural or juristic person contracted by EPIFANY (PTY) LTD for the supply of products or services its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;

1.2.5. “Terms and Conditions” means the contents of this document together with any annexures, appendices, amendments and updates hereto;

1.2.6. “Customer” means any Customer of EPIFANY (PTY) LTD;

1.2.7. Any provision of these Terms and Conditions imposing a restraint, prohibition or restriction on the Customer shall be so construed that the Customer is not only bound to comply therewith but is also obliged to procure that the same restraint, prohibition or restriction is observed by all representatives of the Customer accessing and/or using the Website under, by arrangement with, or at the invitation of the Customer (without limiting the generality of this provision) its associates, directors, members, officers, employees, agents and customers of the Customer.

1.2.8. When any number of days is prescribed in these Terms and Conditions, same shall reckoned exclusively of the first and inclusively of the last day unless the last day falls on the Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday;

1.2.9. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;

1.2.10. Expressions defined in these Terms and Conditions shall bear the same meanings in schedules, annexures, addendums and amendments to these Terms and Conditions which do not themselves contain their own definitions.

  1. RECORDAL

2.1. These Terms and Conditions govern the Customer’s use of EPIFANY (PTY) LTD’ Page/Website.

2.2. By accessing and using the Website, the Customer agrees to be bound by the Terms and Conditions set out below.

2.3. If the Customer does not wish to be bound by these Terms and Conditions, the Customer may not access, display, use, download, and/or otherwise copy or distribute the Website, or any content thereof.

  1. AMENDMENT OF THE TERMS AND CONDITIONS

3.1. EPIFANY (PTY) LTD reserves the right to, at its sole discretion, change, modify, add or remove portions or the whole of the Terms and Conditions from time to time.

3.2. Changes to the Terms and Conditions will become effective upon such changes being posted to the Website.

3.3. The onus rests with the Customer to periodically check the Terms and Conditions on the Website for any changes or updates therein contained.

3.4. The Customer’s continued use of the Page/Website following the posting of any changes or updates by EPIFANY (PTY)LTD shall be considered notice of the Customer’s acceptance to abide by and be bound by the Terms and Conditions, including any changes or updates thereto.

  1. AGREEMENT OF SALE
    An agreement of sale will only come into effect as soon as EPIFANY (PTY) LTD receives payment.
  2. CANCELLATION OF ORDERS
    No cancellation of any products will be allowed after payment has been received due to the fact that the products are personalized and EPIFANY (PTY) LTD will not be able to resell such product.
  3. PAYMENT

6.1. EPIFANY (PTY) LTD has only 1 method of payment:

6.1.1. Instant EFT;

6.2. EPIFANY (PTY) LTD will not be held liable for security breaches occurring on the Customer’s electronic device (PC or other electronic devices used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the Customer may inadvertently have installed on his/her device.

6.3. The onus rests on the Customer to immediately inform his/her bank in the event that the Customer suspects any unauthorized charges to his/her bank account / card.

  1. DELIVERY OF GOODS

7.1. EPIFANY (PTY) LTD has 2 methods of delivery at the following flat rates:

7.1.1 Fastway @ R105 (2 – 7 business days);

7.1.2 Courier Guy @ R150 (1 – 3 business days).

7.2. EPIFANY (PTY) LTD will send the Goods to you as soon as reasonably possible, but no later than 10 business days after receipt of your payment. We will notify you if we are unable to deliver the Goods during the Delivery Period.

7.3. EPIFANY (PTY) LTD aims to have as many of its products in stock as possible, but all orders placed by the Customer are subject to availability and receipt of payment.

7.4. Orders will be processed on a daily basis, however, clients need to understand that many products are made to order or special ordered and could take up to 10 business days to be ready for delivery.

7.5. The onus rests on the Customer to ensure that his/her delivery address provided is correct, EPIFANY (PTY)LTD will not be held liable for delivery at any such incorrect address.

7.6. In the rare event that the Customer’s order doesn’t arrive, the Customer must notify EPIFANY (PTY) LTD of the lost items via email within 15 business days from placement of the order.

7.7 EPIFANY (PTY) LTD uses a third party courier companies as mentioned in 7.1.1 and 7.1.2 above and will not be held liable for and late deliveries or damage that were suffered due to the courier company’s fault. As soon as the parcel is handed over to the courier company the responsibility shifts to the Customer to track their parcel and liaise with the courier company.

7.8 EPIFANY (PTY) LTD cannot be held liable for any late deliveries due to the fault of the courier company as EPIFANY (PTY)LTD always ensures that all orders are send out within the stipulated period as mentioned in 7.4 above.

  1. RESTRICTIONS ON SALE

8.1. Prices and availability of products and services are subject to change without notice.

8.2. Should an item not be available from the supplier, EPIFANY (PTY) LTD reserves the right to cancel the order. The Customer will be notified of the cancellation and all reasonable effort will be made to suggest alternative products. Should the alternative product be more or less expensive than the desired product, and if the Customer wishes to purchase the alternative product, the Customer will need to pay the additional amount to EPIFANY (PTY) LTD, EPIFANY (PTY) LTD will refund the balance to the Customer, as the case may be.

8.3. EPIFANY (PTY)LTD reserves the right to revoke any stated offer and correct any errors, inaccuracies or omissions, including after an order has been placed and/or paid for by the Customer. In such event EPIFANY (PTY) LTD will refund the Customer for the full purchase price, and the order will be cancelled.

8.4 EPIFANY (PTY)LTD reserves the right of admission reserved. Any Customer guilty of harassment, verbal abuse , illegal or inappropriate behaviour will have orders cancelled and be banned from future use of the Website.

  1. DEFECTS & REFUNDS

9.1. In the event that the Customer receives a defective product, the Customer may notify EPIFANY (PTY) LTD within 24 hours of becoming aware of the defect by way of email.

9.2. EPIFANY (PTY)LTD will only refund defective products referred to in 9.1 above, up to 14 days after delivery of the product to the Customer, subject to:

9.2.1. The product having suffered proven damage during shipment; or
9.2.2. The product having an inherent manufacturing defect; and
9.2.3. The damage to the product is of no cause of the Customer; and
9.2.4. The product being returned to EPIFANY (PTY) LTD in exactly the same condition as it was received (with its complete packaging) and without any signs of wear and tear.
9.3. The onus rests on the Customer to ensure that he/she orders the correct item and, subject to the Customer’s cooling-off period referred to in 10 below, EPIFANY (PTY) LTD will not refund the Customer for any product incorrectly ordered by the Customer.

  1. COMPLAINTS AND DISPUTES

Customers may file complaints by contacting us. All contact information is available on the website/page.

  1. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

11.1. EPIFANY (PTY) LTD provides certain information on its Page/Website.

11.2. Content currently or anticipated to be displayed on EPIFANY (PTY) LTD’ Page/Website is provided by EPIFANY (PTY)LTD, its affiliates and/or subsidiaries, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”).
11.3. All such proprietary works, and the compilation of the proprietary works, belong to EPIFANY (PTY) LTD, its affiliates or subsidiaries, or any third party owners of such rights (“the Owners”), and the Content is protected by South African and international copyright laws.

11.4. EPIFANY (PTY) LTD reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice to the Customer.

11.5. All rights in and to the Content is reserved and retained by the Owners.

11.6. Except as specified in these Terms and Conditions, the Customer is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

  1. LIMITED LICENSE TO GENERAL CUSTOMERS

12.1. EPIFANY (PTY) LTD grants to the Customer, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

12.2. EPIFANY (PTY) LTD’s Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of EPIFANY (PTY) LTD or the Owners.

12.3. The aforementioned license does not allow the Customer to collect products or service listings, descriptions or other information displayed here, and does not allow any derivative use of the Website or the Content for the benefit of another merchant.

12.4. The Customer may not frame nor use framing technologies to enclose EPIFANY (PTY) LTD’s Page/Website or the Content nor any part thereof without the express written consent of EPIFANY (PTY) LTD.

12.5. EPIFANY (PTY)LTD and its suppliers, the Owners, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders at their sole discretion.

12.6. Any unauthorized use of EPIFANY (PTY) LTD’ Page/Website will terminate this license.

  1. LIMITATION OF LIABILITY & DISCLAIMERS

13.1. EPIFANY (PTY)LTD, its suppliers and the Owners make no warranty or representation as to the availability, accuracy or completeness of the Content on the Website, or any third-party content accessible via an Internet link on the Website.

13.2. Neither EPIFANY (PTY) LTD nor any of its suppliers, nor the Owners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use, or reliance on the Content or the Page/Website or any functionality thereof, or of any linked website, even if EPIFANY (PTY)LTD is expressly advised thereof.

13.3. The use of any product bought from EPIFANY (PTY) LTD is at the customer’s sole risk. The Customer indemnifies and holds EPIFANY (PTY) LTD harmless against any loss, injury or damage which may be sustained as a result of the use of any of EPIFANY (PTY) LTD’ products.

13.4. All pictures used on the Website are used to give customers an indication of the product and might not reflect the actual product.

13.5. Due to currency fluctuations and shipping costs, the prices of products may vary from the prices displayed on the Website. EPIFANY (PTY) LTD will aim to keep the prices current and updated, but cannot guarantee that the prices displayed on the Website are always correct.

  1. PRIVACY, ACCESS TO AND USE OF INFORMATION

14.1. EPIFANY (PTY) LTD may electronically collect, store and use Personal Information, including Customers’ names, contact details, surfing patterns, email addresses, IP addresses etc.

14.2. It is, however, possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.

14.3. EPIFANY (PTY) LTD, its suppliers and the Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to EPIFANY (PTY)LTD, its suppliers and/or the Owners through the Internet, or that you expressly or implicitly authorize EPIFANY (PTY)LTD, its suppliers and the Owners to make, or for any errors or any changes made to any transmitted information.

14.4. To ensure acquaintance with and awareness of the privacy measures and policies of EPIFANY (PTY) LTD, the Customer is urged to take care to read and understand the underlying privacy clauses attached as Annexure ‘A’ to these Terms and Conditions.

  1. GOVERNING LAW, SEVERABILITY, WHOLE AGREEMENT & NON-WAIVER

15.1. This Page/Website is controlled, operated and administered by EPIFANY (PTY) LTD from its offices as set out below within the Republic of South Africa.

15.2. EPIFANY(PTY)LTD makes no representation that the Content is appropriate or available for use in other locations or countries. Access to the Page/Website from territories or countries where the Content is illegal is prohibited. If the Customer accesses this Page/Website from locations outside of South Africa, that Customer is responsible for compliance with all local laws.

15.3. The Customer may not use this Website in violation of South African export laws and regulations.

15.4. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the Customer consents to the jurisdiction of the Magistrates Court in the event of any dispute.

15.5. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

15.6. These Terms and Conditions constitute the entire agreement between EPIFANY (PTY) LTD and the Customer and no variation, cancellation, novation or deletion of any provision of these Terms and Conditions shall be binding unless reduced to writing and signed by the an authorized representative of EPIFANY (PTY) LTD.

15.7. No indulgence shown by EPIFANY (PTY) LTD to the Customer may be construed as a waiver of any kind.

15.8. This document shall not be interpreted against the Party responsible for preparing and drafting it, in other words the contra proferentem rule shall not apply to the interpretation of this document.

  1. ILLUSTRATIONS USED FOR EPIFANY (PTY) LTD PRODUCTS

16.1 All illustrations used for products of EPIFANY (PTY) LTD is drawn by a third party and it is the responsibility of the customer to order a new illustration should the customer not be happy with the illustration. The third party will adjust the illustration twice, if a request is made for a new illustration to be drawn, then the customer will be liable for the full price of a new illustration.

16.2 EPIFANY (PTY) LTD accepts no liability should the customer not receive the preview of any illustration due to the customer entering the incorrect email address/whatsapp number. The customer should contact EPIFANY (PTY) LTD if the illustration preview hasn’t been received within 10 business days after payment has been made using the order number as reference.

  1. MORALS AND RELIGIOUS VIEWS

EPIFANY (PTY) LTD is a Christian based company and its products/goods are based on Christian morals and views. EPIFANY (PTY) LTD only produces products that are in line with our Christian morals and beliefs.