Terms and conditions

Terms and Conditions

(Version effective as of 1 May 2023)

Introduction

Please read the terms and conditions outlined below very carefully. The domain name https://lovemepetlmp.com is owned and operated by Love.Me.Pet.

When the user enters and/or transacts on the website, the user will be in contract with Love.Me.Pet and bound by the policies enclosed on the website.

The user's purchase of any products offered on the website is subject to these terms and conditions and by placing an order for any item, the user agrees to be bound by them.

When the user uses any of the services provided by Love.Me.Pet through the website, the user will be bound to the rules, guidelines, policies, terms and conditions applicable to the service and which rules, guidelines, policies and terms are deemed incorporated by reference into these terms and conditions.

The website terms and conditions contain specific provisions to limit our liability. These terms and conditions have been set out in capital letters. Users should pay particular attention to these terms since they may limit your ability to recover losses that you may incur in connection with your use of the website.

Definitions

"Love.Me.Pet", "we", "us" or "our"

means Love.Me.Pet;

"confidential information"

means all information of a confidential nature, whether commercial, financial, technical or otherwise, disclosed by or at the discretion of one party to the other, either prior to or during the term of this agreement which information may be contained in or discernible from any form whatsoever, whether or not that information is marked or designated as confidential or proprietary, which may include all matters arising in the course of this Agreement which relates to research, development, know-how, ideas, concepts, formulae, processes, designs, specifications, past, present and prospective business, current and future products and services, internal management, data sheets, sales, sales information, marketing programs, price lists or pricing structure, cost data, sales aids, personal information as, and all materials and information relating to the business of either party which not otherwise accessible to the general public;

"items"

means the products that the users have chosen while constructing their online shopping carts;

"Intellectual property rights"

means all current and future rights of copyright, patents, trademarks, rights in databases, inventions, know-how, rights in designs, topographies, trade and business names, domain names, marks, logos and devices, rights to claim as confidential information and all other intellectual property rights, proprietary or other rights of a reasonable nature, whether registered or not, and howsoever embodied, and application of those rights capable of protection in any relevant country in the world;

"order"

means the collective items that the user has purchased and paid for on the website;

"products"

means all products and services listed on the website for purchase;

"user", "you", "your"

means the user of this website and/or its services; and

"website"

means https://lovemepetlmp.com.

General

We reserve the right to change these terms and conditions from time to time by changing them on the website, although no such change will affect any order you have already placed with us prior to such change. It is your responsibility to familiarize yourself with the most recent terms and conditions every time you enter the website or place an order. If you do not accept our terms and conditions of use, you may not access our website or use any of the services available on the website.

You may not access this website for any purpose other than for utilizing the services offered on it in the normal manner. You must not access our site for the purpose of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed to do so by us in writing. You may not use your access to this website in a manner that would bring us or our business into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use or enjoyment of this website by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this website.

ACCESS TO THE WEBSITE SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE AND USE OF THE WEBSITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE HELD LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THE WEBSITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW OR THE CONTRARY IS EXPRESSLY STATED.

The user agrees to provide accurate, complete and current information and will not impersonate a third party or misrepresent themselves. The user warrants that all the information provided by it is current, accurate and correct.

To be able to buy any products from the website, the user warrants the following:

• The user is at least 18 years of age; and
• The user will only transact on our website after having thoroughly read the terms and conditions.

You are not permitted to, directly or indirectly, without the prior written consent of Love.Me.Pet –

• Market, distribute or sell the products to third parties; or
• Market, distribute or sell the products on any online marketplace; or
• Purchase the products from third party resellers, authorized distributors of Love.Me.Pet, agents or sale representatives for resale or redistribution in any manner whatsoever.

User's Account and Registration Obligations

Users are free to use the website without having registered thereon. You will, however, be required to register on https://lovemepetlmp.com should you wish to transact on the website.

If you are already registered on the website you may be required to provide login details each time you wish to make a new purchase from the website.

When you use the website and/or send emails (or any forms of communication) to Love.Me.Pet, you acknowledge that you are communicating with Love.Me.Pet using electronic records. In turn, Love.Me.Pet may also communicate with you through email and other forms of communication in response to any of your queries.

You will be held liable for the maintenance of all confidentiality of your username and password for your Love.Me.Pet account. You will also be responsible for all activities that occur on the website under your username.

Price and Payment

Price

Orders will at all times be subject to availability of products.

You shall be entitled to purchase the products from Love.Me.Pet at the prices recorded on the Love.Me.Pet website by placing an order on the website. Once an order has been placed, Love.Me.Pet shall have the election to accept or reject the order. Should Love.Me.Pet accept the order, you shall pay the purchase price of such order to Love.Me.Pet, in accordance with the payment terms below.

Any terms and/or conditions of an order that is accepted by Love.Me.Pet will form part of this agreement.

Love.Me.Pet reserves the right at any time to change the prices and products listed on the website. Any changes to the product and/or the prices thereof will not affect the purchase price of any orders that have been accepted by Love.Me.Pet prior to such change.

Love.Me.Pet may, in its sole discretion, delete certain products from its product line and discontinue the sale of any products. Nothing in this agreement shall be construed in any way to limit Love.Me.Pet's right to delete certain products from its product line, or to change the specifications of, or to discontinue the sale of any product. Such right of modification and discontinuation is hereby accepted and agreed to by the user. LOVE.ME.PET DOES NOT REPRESENT OR WARRANT TO THE USER ANY CONTINUED AVAILABILITY OF THE PRODUCTS AND THE USER EXPRESSLY RELEASES AND WAIVES LOVE.ME.PET FROM LIABILITY FOR ANY LOSS OR DAMAGE TO THE USER ARISING OUT OF OR BY VIRTUE OF THE FAILURE OF LOVE.ME.PET TO ACCEPT OR FILL ANY ORDERS.

Payment

The purchase price of accepted orders and all monies payable by the user to Love.Me.Pet shall be due and payable in advance prior to delivery of the products to the user, unless otherwise agreed in writing between the Love.Me.Pet and the user..

It is specifically recorded and agreed that payment of the purchase price or payment of other monies which may be due and payable by the user to Love.Me.Pet will be made free of exchange, without deduction, set-off or demand by the user. The user will make payment of all amounts due under this agreement by means of electronic transfer, unless otherwise expressly agreed between the parties. Payment of any amount due under this agreement shall be deemed to have been made only when the relevant amount has been duly credited to the banking account of Love.Me.Pet.

Without prejudice to and in addition to the other rights and remedies of Love.Me.Pet, the user shall pay to Love.Me.Pet interest at a rate of prime (meaning the publicly quoted basic rate of interest (percent, per annum, compounded monthly in arrear and calculated on a 365-day year) from time to time published by any one of the big five South African banks as being its prime overdraft rate), plus 2% (two percent) on any moneys due but unpaid, calculated from the due date of payment of the moneys in respect of which the interest is chargeable until the payment of such moneys in full.

As soon as your payment is validated, we will begin to arrange your order. Should we find that your order is short in stock, we will notify you and you will be presented with the opportunity to choose between requesting (i) a refund, (ii) waiting for the stock to become available, or (iii) choosing another item worth the same value as the item that has run out of stock.

Delivery

Love.Me.Pet uses external delivery partners to deliver the orders countrywide.

Risk and Ownership

ITEMS ORDERED WILL BE AT YOUR OWN RISK FROM THE TIME OF DELIVERY OR COLLECTION..

Ownership of the items will transfer upon full and final payment of the items by the user to Love.Me.Pet which occurs only when the relevant amount has been duly credited to the banking account of Love.Me.Pet. Where permitted by law, Love.Me.Pet retains a security interest in the items until full payment is received.

Returns

In the event that a product qualifies for a replacement but the product is no longer available, we will substitute the product for a same price product chosen by you. If the product is irreparable and cannot be exchanged for an identical product, you may be provided with a credit note or refund.

Cancelation of Advanced Orders

In the event that the user cancels an advanced order for products, Love.Me.Pet may impose a reasonable charge for cancelation of the order, taking into consideration (i) the nature of the products ordered, (ii) the length of notice of cancellation provided by the Buyer, (iii) and the reasonable potential of Love.Me.Pet being able to sell the products itself.

Intellectual Property

The content posted on the website is subject to property rights protected under intellectual property laws, including, but not limited to, designs, trademarks, domain names, patents, know-how, software or database rights. Love.Me.Pet and its relevant affiliates retain ownership of all content displayed on the website and any associated rights.

All intellectual property rights owned by Love.Me.Pet or any of its affiliates shall remain the sole and exclusive property of Love.Me.Pet.

Any agreement between you and Love.Me.Pet shall not operate to assign any title, interest or right in any of Love.Me.Pet's intellectual property rights which shall continue to be vested in Love.Me.Pet.

Nothing in this agreement will confer on any person any right of ownership or interest in the intellectual property rights of Love.Me.Pet.

Confidentiality

You shall keep all confidential information confidential and shall not (except as expressly permitted by Love.Me.Pet in writing) disclose the confidential information, make copies of material containing the Confidential Information or otherwise use the confidential information. You may only use the confidential information to the extent necessary to comply with your obligation or to exercise your rights in terms of this contract and/or any other agreement, whether express, verbal or tacit, between you and Love.Me.Pet. Any personal information that you receive may only be used, transmitted, stored and/or processed in any other manner whatsoever, in accordance with the Protection of Personal Information Act 4 of 2013, as amended from time to time, and any other applicable laws governing data protection.

LIMITATION OF LIABILITY

THE USER HEREBY AGREES AND UNDERSTANDS THAT, FROM TIME TO TIME, LOVE.ME.PET AND/OR LOVE.ME.PET'S AFFILIATES MAY HAVE TO TEMPORARILY SUSPEND ACCESS TO THE WEBSITE FOR TECHNICAL REASONS. THE USER ACKNOWLEDGES THE CHARACTERISTICS AND LIMITATIONS INHERENT WITH THE INTERNET. THEREFORE, LOVE.ME.PET CANNOT BE HELD LIABLE FOR:

• LOSS OF DATA;
• SOFTWARE MALFUNCTION AND THE CONSEQUENCE OF COMPUTER VIRUS, COMPUTER BUG, ANOMALY OR FAILURE; OR
• DAMAGE TO THE USER'S COMPUTER

WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE EVEN IF FORESEEABLE, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

ALL ORDERS ARE SUBJECT TO AVAILABILITY. WE MAKE THE BEST EFFORT POSSIBLE TO ENSURE THAT ADVERTISING INFORMATION IS CORRECT AT THE TIME OF PUBLISHING. HOWEVER, IF MISTAKES OR INACCURACIES OCCUR WE WILL MAKE EFFORTS TO ENSURE THAT ANY ERRORS ARE RECTIFIED. COLOURS DISPLAYED ARE SIMILAR TO THE ACTUAL COLOUR OF THE PRODUCTS, BUT COULD DIFFER SLIGHTLY IN CERTAIN CASES.