About PetGeez Terms and Conditions Policy
The Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and include the use of the PetGeez Website and is binding and enforceable against every person accessing, using or registering our Website (‘user’, ‘you’, ‘your’ or ‘registered user’), including by clicking on the “Register Now” button on the Website, you acknowledge that you have read, agreed and bound by these Terms and Conditions.
The PetGeez website can be accessed at https://www.petgeez.co.za on PC, mobile or any other web browser and is owned and operated by PetGeez (Pty) Ltd (‘We’, ‘ Us’, ‘Our’ or ‘PetGeez’) and is part of the ‘West Business Solutions (Pty) Ltd Group of companies and initiatives.
Our shop online gives access to an extensive range of pet-related products, food, toys and supplies, and more (“Goods”), therefore PetGeez allow third-party suppliers to list and sell their goods on our Website. (‘Third Party Vendor’). Certain Terms and Conditions will only apply to purchases from Third Party Vendors, and some apply specifically to PetGeez. This will be made clear in the relevant clause.
PetGeez Terms and Conditions apply to users who are consumers as stipulated in the Consumer Protection Act, 68 of 2008 (the “CPA”) and may limit the risk, liability or even indemnify PetGeez or any third party by the user and/or may create risk or liability for the user and/or serves as an acknowledgement, by the user, of a fact.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to PetGeez for an explanation before accepting these Terms and Conditions and continuing using the Website.
Nothing in PetGeez Terms and Conditions is intended to be unlawfully restricted, limiting or avoid any consumer right or obligation in terms of the CPA.
By using our Website you deemed to have accepted all the Terms and Conditions unconditionally. Refrain from using the PerGeez Website if you do not agree to these Terms and Conditions.
Please refer to our Returns Policy for more information about the product returns, refunds, replacements or repairs). Our Returns Policy is incorporated by reference, which means that it forms part of these Terms and Conditions.
Registration and use of the website
We only allow registered users to order Goods from our website. For security purposes, you agree to register and access our website using a unique username and password, including certain information and personal details. Failing to do so you will be denied access or make any purchased from the PetGeez Website.
You agree and warrant that your username and password shall be used for personal use only and not be disclosed by you to any third party, in addition, once the correct username and password relating to your account have been entered, irrespective of whether 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. You agree to notify PetGeez immediately upon discovery or reasonably suspecting any unauthorised access and to take steps to mitigate any resultant loss or harm.
By accessing the PetGeez 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.
You agree that you will not in any way use any device, software, bot, spider, other automatic devices or instruments to interfere or attempt to interfere with the proper working of the Website, or manual process to monitor, copy, distribute or modify the Website or the information contained herein.
We shall make reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on our Website, however, should there be any errors of whatsoever nature on the Website, 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.
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which PetGees or the Third Party Vendor may accept or reject 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 PetGeez.
Regardless of any communication stating that your order or payment has been confirmed, an agreement of sale between you and PetGeez, or the Third Party Vendor will only commence by delivering the Goods to you or allowing you to collect them, and only at that point will come into effect (the “Sale”).
PetGeez will communicate the rejection of your order (by PetGeez itself or the Third Party Vendor) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Cancellations will only be accepted provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of Goods, you may return the Goods only in accordance with the Returns Policy.
Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order, and as such, Goods may be removed from the shopping basket if stock is no longer available or if price without notice. PetGeez or the Third Party Vendor can not be held liable of any Goods are not available or available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock on all Goods on offer is limited and that pricing may change at any time without notice to you, therefore PetGeez cannot guarantee the availability of stock on any goods. PetGeez will notify you and entitle you to a refund of any amount already paid by you for such Goods.
If Goods are no longer available after you have placed an order, PetGeez relies on inventory information supplied by the relevant Third Party Vendor and accordingly bears no liability for any inaccuracies in the information supplied. Consequently, should you order any Goods from a Third Party Vendor which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Vendor, your respective rights and obligations being as set out in these Terms and Conditions.
Certain Goods may not be purchased for resale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
All transactions are encrypted using appropriate encryption technology managed through a secure online payment facility. Payment can be made for Goods via – debit card or credit card. If we do not receive authorisation your order for the Goods will be cancelled.
Once you have selected your payment method (Debit or Credit card), you will be directed to a secure payment link for payment of the applicable purchase price for the Goods.
Where payment is made by debit/credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts.
You warrant that you are fully authorised to use the debit/credit card supplied for purposes of paying the Goods. You also warrant that your debit/credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
Delivery of goods
PetGeez only offers courier delivery as a method of delivery of Goods to you. For more information about delivery, please see our ‘Delivery and Shipping‘ page, which are incorporated into these Terms by reference.
Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
Where it accepts your order, PetGeez or the Third Party Vendor will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”).
We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
PetGeez’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. PetGeez is not responsible for any loss or unauthorised use of a product after it has been delivered to the physical address nominated by you. Please see our ‘Delivery and Shipping‘ page, which are incorporated into these Terms by reference.
Third Party Vendors
PetGeez only provides the platform to facilitate transactions between Third Party Vendor (‘Vendor’ or ‘Vendors’) and PetGeez customers and is neither the buyer nor the Vendor of these Goods unless otherwise specified.
The Sale formed on acceptance of your order for Goods that are for sale by a Third Party Vendor is therefore solely between the registered user and such Third Party Vendor. PetGeez is not a party to that sale. The Third-Party Vendor is solely responsible for fulfilment of the delivery of the Goods. The Third-Party Vendor is also responsible to provide an invoice to the registered user if required.
Not all Third-Party Vendors are registered VAT (Value-Added Tax) vendors. If a Third-Party Vendor is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
PetGeez will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”) unless stipulated differently in any Third Party Terms and Conditions and according to PetGeez’s own Returns Policy. Should such claim escalate into being a dispute, although PetGeez is entitled to become involved, PetGeez is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Vendor alone.
Gift Vouchers & Coupons
PetGeez physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) may be made available for use on the Website towards the purchase of Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
Unless specified otherwise on the specific Coupons or Voucher, each Coupon/Voucher can only be used once, only once per order and can only be used on the PetGeez Website per person per promotion/campaign per Coupon/Voucher.
a Coupon or Voucher must be used at check-out – it cannot be used later on existing orders; and will be set off against the value of your total shopping basket and the balance remaining, if any, will be reissued in a ‘Change Voucher’ to you.
Coupons cannot be used to buy Gift Vouchers or other Coupons, and neither cannot be exchanged or refunded for cash or credit. PetGeez is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon or Vouchers. PetGeez has the right to request you to submit the original communication containing the Coupon code, and any other information reasonably before you are able to use a Coupon.
Gift Vouchers that are purchased by registered users are valid for 1 year after Sale. If your Voucher has not been used within that period, it will expire. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods. PetGeez is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher after it has delivered the Gift Voucher to you or the email address nominated by you.
Coupons come in a fixed amount of a discount, e.g. R50 off (“Fixed Coupon“) or a percentage discount, e.g. 5% off (“Percentage Coupon“).
PetGeez holds the sole discretion to issue any coupons and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). 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.
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to:
your name and surname
your email address
your physical address
your mobile number
your date of birth
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
You consent for PetGeez use your personal information for third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us).
provide you with access to your personal information to view and/or update personal details.
We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information, provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request, and, upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
PetGeez undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than PetGeez, PETGEEZSHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY.
Changes to these Terms and Conditions
PetGeez 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.
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.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, 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 trademark law. The Website Content is the property of PetGeez (Pty) Ltd, its advertisers and/or sponsors and/or is licensed to PetGeez (Pty) Ltd.
You will not acquire any right, title or interest in or to the Website or the Website Content. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of the PetGeez Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Support page.
Where any of the Website Content has been licensed to PetGeez or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
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.
Whilst PetGeez takes reasonable measures to ensure that the content of the Website is accurate and complete, PetGeez 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 PetGeez’s representatives, PetGeez shall not be bound thereby.
PetGeez 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.
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.
Any views or statements made or expressed on the Website are not necessarily the views of PetGeez, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, PetGeez 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 PetGeez, its employees, agents or authorised representatives. PetGeez thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. The PetGeez Terms and Conditions do not apply to those Third Party Websites and PetGeez is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use. 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 therein.
Limitation of liability
PetGeez 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 PetGeez, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
PETGEEZ 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.
YOU HEREBY INDEMNIFY PETGEEZ 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.
Availability and termination
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.
PetGeez may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that PetGeez 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.
If you fail to comply with your obligations under the PetGeez 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.
PetGeez 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 PetGeez 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 the payment on any order, and/or to cancel any order concluded between you and PetGeez, in whole or in part, on notice to you.
PetGeez shall only be liable to refund monies already paid by you (see PetGeez’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. At any time, you can choose to stop using the Website, with or without notice to PetGeez.
Governing law and jurisdiction
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.
In the event of any dispute arising between you and PetGeez, 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. 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.
PetGeez hereby selects 7 Viooltjie Street, Blomtuin, Bellville, Cape Town, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). PetGeez may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving PetGeez not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent -by hand will be deemed to have been received on the date of delivery, by prepaid registered post, will be deemed to have been received 10 days after the date of posting, by email will be deemed to have been 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.
We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at the CGSO website. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Support page on the Website or you can contact our call centre on 06856201658.
If we don’t resolve your complaint within 30 (thirty) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute.
For the purposes of the ECT Act, PetGeez’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: PetGeez (Pty) Ltd, a private company registered in South Africa Company registration number: 2020/258087/07
Main business: Online retailer
The physical address for receipt of legal service: 7 Viooltjie Street, Blomtuin, Bellville, Cape Town, Cape Town, 7530 (marked for attention: CEO and Legal)
Phone number: 06856201658
Email address: support@PetGeez.co.za
PetGeez 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 user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or PetGeezto enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
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.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) 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.
These Terms and Conditions contain the whole agreement between you and PetGeez and no other warranty or undertaking is valid unless contained in this document between the parties.
Terms and Conditions