Terms and Conditions
- Introduction
This WebSite can be accessed at https://www.Konokan.com/, (“the Site”) and is owned and operated by Konokan (“Konokan”, “we”, “us” and “our”).
All users and account holders, including those that buy from the Site (“Buyers”) and sellers (“Sellers”), those who purchase items on Konokan without an account (“Guests”), and anyone else who visits or uses our Site, are bound by these terms and conditions (“T&Cs”). By registering, or using the Site at all, you recognize 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, then please ask about the relevant clause before you accept the T&Cs by using or buying from the Site.
The Site is not intended for anyone under the age of 18 years of age. By registering and using the Site you are confirming that you are 18 years and older, or an emancipated minor or possess the necessary legal parental or guardian consent. However, this depends on the legal age of maturity in your country. Konokan cannot allow anyone under the age of 18 years old – even though their countries have legislated a younger age as the age of maturity (for instance 9 years old in Iran, or 15 years old in Indonesia). Konokan will strive to ensure that all Sellers and Buyers are on or over the age of maturity.
Any products, which are added to the current store shall also be subject to the T&Cs. You can review the most current version of the T&Cs at any time on this page.
We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our Site, and your continued use of the Site implies your acceptance of the agreement as amended. If you do not agree with the changes, you may either contact us to better understand the revised T&Cs or close your account.
The new T&Cs or amendments thereof, including all of the policies that make up the T&Cs, supersede any other agreement between you and Konokan regarding our services. Our failure to enforce any part of the T&Cs is not a waiver of our right to enforce at a later stage that or any other part of the T&Cs. We may assign any of our rights and obligations under the T&Cs.
You are responsible for all account activity conducted by yourself on your account. You are also responsible for any activity conducted on your account by a minor. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the T&Cs on behalf of the business. Accounts are generally not transferable.
Given that the Site’s services are exclusively online and do not maintain a physical presence beyond the borders of the Republic of South Africa, it will strive to abide by the different applicable e-commerce laws, especially Privacy and Data protection laws..
The following Policies are part of these T&Cs:
- Privacy
- Returns
- Seller
- Sustainability
Other policies may be added as and when necessary.
Privacy Policy
1.1. We may collect the following information:
a) Full Name. If a business, then also the name of the business and whether it is registered or not;
b) Contact information including email address;
c) Demographic information such as country, postcode, preferences, and interests; and
d) Other information relevant to customer surveys and/or offers.
1.2. Konokan undertakes never to sell or make your personal information available to any third party other than as provided for in this policy or unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Konokan reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information that may be required of it. In the unlikely event that fraud may occur, Konokan’s first point of contact will always be the affected person.
1.3. 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.
1.4. Email marketing: With your permission, we may send you our newsletter, including emails about our stores, inspiring stories from our community of Sellers, new products, and other updates.You may opt out at any time.
1.5. The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
1.6. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
Please read our full Privacy Policy for more detailed information.
Limitation of liability
Konokan cannot be held liable for any inaccurate information published on the Site and/or any incorrect prices displayed on the Site, save where such liability arises from the gross negligence or willful misconduct of Konokan, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email via the contact page.
You understand that Konokan does not manufacture, store, or inspect any of the items sold through our Site. We provide the platform; the items in our marketplaces are produced, listed, and sold directly by independent Sellers. Konokan cannot and does not make any warranties about their quality, safety, authenticity, or their legality, although our community of Sellers are comprehensively vetted prior to operating. Any legal claim related to an item you purchase must be brought directly against the Seller of the item.
Konokan shall not be liable for any direct, indirect, incidental, special or consequential loss or damages that might arise from the use of, or reliance upon, the Site or the content in the Site; or your inability to use the Site, and/or unlawful activity on the Site and/or any linked third party webSite.
You can use our Site to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Site other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.
Our Site may contain links to third-party websites or other services that we do not own or control (for example, links to social media pages). You may also need to use a third party’s product or service in order to use some of our services (like a compatible mobile device to use our mobile app). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Konokan is not a party to those agreements; they are solely between you and the third party.
You hereby indemnify Konokan 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 Site and/or any linked third-party webSite.
Intellectual Property
All content included on the Site, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected in terms of intellectual property laws in South Africa (including trademark and copyright law) as well as international copyright laws. The compilation of all content on the Site is our exclusive property and is protected by copyright law. All software used on the Site is our property or that of our software suppliers and is protected by copyright law. The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the Site registered and unregistered Trademarks belong to us. Nothing contained on the Site, except as expressly stated in the T&Cs, shall be construed by you as the granting of any licence or right to use any Trademark without our prior written permission. All rights in and to the content and Trademarks are reserved and retained by us and/or our content suppliers. You further acknowledge that we and/or our content suppliers are the proprietors of all the content and Trademarks on the Site, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material.
Terms of Sales
- Product Description, Colours, Pricing and Availability
Products are displayed on the Site and described in the most accurate way possible. However, Konokan does not certify that the product descriptions, images or any other content of the Site is accurate, complete, reliable and/or error free. We have made every effort to display as accurately as possible the colours of the Products that appear on the Site. As the actual colours you see will depend on your computer’s monitor, we cannot guarantee, however, that your monitor’s display of any colour will be accurate.
The Products displayed on the Site are subject to availability and will be delivered only within the geographic preferences provided by each store, and within the defined timelines as determined by each Seller. All prices displayed on the Site are valid and effective in the currency they are proposed. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products offered on the Site without incurring any liability whatsoever.
- Orders and Payments
Konokan is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
A purchase contract (“sale”) only comes into effect when you electronically submit a properly completed order (“order”) for one or more Products or Services into your shopping basket. You will then be redirected to a page on the Site that allows you to add items to your electronic shopping cart. To submit your order, you will need to click the “check out” icon and follow the instructions. Once this process is complete your order will be submitted to us. Please note that an order is merely an offer to purchase, and we reserve the right to accept or reject your offer for any or no reason including, but not limited to, the unavailability of any Product or Service, an error in the price or the Product or Services description, or an error in your order. Please note that Product and Services stock of all items is limited, and we will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out.
If we cancel due to our inability to fulfil your order in terms of the advertised price or Product or Services being sold out, we will provide a full refund of your order, except under certain extraordinary circumstances, such as force majeure occurrences. Konokan will always strive to ensure that both its community of Sellers and Buyers are happy with their transactions. Prices are shown in South African Rand (or any applicable currency). Prices of Products and Services are current at the time of display and are subject to change from time to time without notice. Payments may be made either by credit cards, via electronic bank transfers (“EFT”) or by cash deposit. In terms of credit card payments, at time of placing the order, the transaction details are presented to the bank and payment is collected automatically. However, if you select to pay via EFT, instructions on how to deposit and your payment is not received or declined by your bank or credit card issuer, we cannot hold your order and your order will not be processed.
Depending on the following particulars, there may be taxes applicable at the point of sale of the Products or Services:
- Seller company registration status as a Value Added Taxes (VAT) payee;
- Geographic location: the EU, USA, Canada and Australia among others have legislation attached to the payment of VAT or GST;
- Import or Export taxes may be applicable across geographic boundaries.
Stores determine their own regimen in line with their status, whether they would sell across geographic locations, and in line with their geographic location and its e-commerce laws. They provide all such information, as well as their own policies on pricing, returns, refunds, exchanges, warranties and guarantees, preferred modes of payment, delivery timelines and taxes, grievance redressal mechanisms and any other particulars that enable you to make an informed decision.
- Delivery of Products
We only offer one method of delivery of Goods to you and that is via courier service. Categories such as Services (which include Experiences) may have online, downloadable, and/or physical face to face delivery options, depending on their proposed services. If you prefer to make collection arrangements for Products and Services bought in your own geographic location, please contact the store you purchased from to arrange alternative delivery – this is only applicable outside of South Africa.
Orders will be processed within 48 hours of receipt of payment. Thereafter products will be dispatched and delivered within four weeks (general guideline), excluding stores’ particular delivery policies and circumstances beyond our control, e.g., customs delays, strikes, etc. Services, which include Experiences are delivered as per the timelines set out by each store.
Konokan encourages slow commerce and the bundling of orders to lessen our environmental footprint; and stores are therefore free to set their own delivery timelines.
Please see our Returns policy for all returns queries.
Disclaimer of warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all Products and Services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Licence
We grant you a limited licence to access the Site. This licence does not permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Terms and policy updates
Please note it is your responsibility to check the Site regularly to determine whether any changes have been made to the T&Cs and your continued use of the Site will be deemed your acceptance of the T&Cs.
Submission of personal information
Through the use of the Site, you acknowledge and agree that you submit all and/or any of your personal information willingly on our Site and for the use of such information by us as provided for in accordance with these T&Cs.
Framing
You may not frame or utilise framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to us and our community of Sellers without our prior written consent.
Termination
We may in our sole discretion terminate your account or restrict your access to the Site. If we do this, you may be prevented from accessing all or parts of the Site, your account or other content contained in your account. We will not be liable to you or any third party for doing so.
It may also be necessary that you terminate your account on the Site; however, any Products or Services already paid for will require processing, delivery or implementation before your termination. If there is a reason for not doing so that is beyond your control, please contact the store you purchased from to let them know.
Konokan reserves the right to change, suspend, or discontinue any of the services for you, any or all users, at any time, for any reason, including those laid out in Konokan’s policies under these T&Cs. We will not be liable to you for the effect that any changes to the services may have on you, including your income or your ability to generate revenue through the services. Konokan will notify you that your account has been terminated or suspended, unless we have legal or regulatory reasons preventing us from notifying you.
If you or Konokan terminate your account, you may lose any information associated with your account, including Your Content.
These T&Cs will remain in effect even after your access to our service is terminated, or your use of our service ends.
Jurisdiction and Choice of Law
These T&Cs are governed and construed by the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute. You hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa in any dispute arising from or in connection with these T&Cs.
Exclusions may apply if you or the Seller are located outside of South Africa. In such cases, your country’s laws and jurisdictions may be applicable.
Queries and Contact Information
If you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or simply have a query, you can contact us via the Site.