Terms & Conditions

Welcome to www.maisonmara.co.za. These terms and conditions (the “General Terms and Conditions of Use”) govern your use of, access to, and purchase of products of www.maisonmara.co.za. By using the website, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use the website.

1. General

www.maisonmara.co.za is the property and is operated under license by Maison Mara (PTY) Ltd, a South African company having an address at 5 Jarvis Street, Cape Town, 8001 (Herein referred as “MM”). Other Site Policies

2. Other Site Policies

Please review our General Terms and Conditions of Sale, Return Policy and Privacy Policy (collectively, the “Site Policies”). All Site Policies are incorporated in these General Terms and Conditions of Use by this reference and, therefore, apply to your access to, use of and purchase of products from this website. If you do not agree to our Site Policies, please do not use the website. We reserve the right to make changes to the website, the Site Policies, and these General Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

3. Purchase for Personal Use Only

Promotion codes are redeemed at the end of the ordering process on view cart page. Simply enter your promotion or voucher code, and when you’re finished, move on to the checkout section. Your promotional discount will be factored into your order and will be reflected in your order summary. 10% member discount for normal priced items will be reflected in the view cart page. Member privilege is not applicable to sales, promotion, licensee, accessories, and Thermocafe products.

4. User’s Submissions

We welcome your comments and feedback regarding the website, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, the “Submissions”) disclosed, submitted or offered to MM via the website, or otherwise, are not confidential. You represent and warrant that any Submissions that you submit to MMare made in compliance with applicable laws, do not violate any right of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any Submissions to MM, you grant MM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media. You are and shall remain solely responsible for any Submissions you disclose, submit or offer to MM.

5. Privacy

We recommend that you read our Privacy Policy, which explains our online privacy practices.

6. Copyright

All content included on www.maisonmara.co.za, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the property of MM or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of MM or its content suppliers, as the case may be. MM and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. MM and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the website and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by MM or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

7. License and Site Access

The viewing, printing or downloading of any Content from the website grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the website and the Content immediately terminates the license granted by MM You will be solely responsible for all damages and other harm resulting from your use of the website and the Content.MM shall not be deemed liable for any use of the website and the Content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.

8. Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact a MM copyright representative for further information at contact@maisonmara.com

9. Links to other Websites

The website may provide hyperlinks to third party websites (“Third Party Websites”).MM does not operate, control, endorse or guarantee any Third Party Websites. You agree that MM is not responsible for any content, services and/or products provided by any Third Party Website, nor is MM responsible for any practice followed by such Third Party Website with respect to the collection and processing of personal data of their users. When you access any Third Party Website through a hyperlink posted on the website, please carefully read the terms and conditions of use, privacy policy and other policies of such Third Party Website. Our policies do not apply to any Third Party Website. MM provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, MM does not recommend that its users access such Third Party Websites. You agree that your use of any third party website is at your sole risk and without warranties of any kind by the MM, expressed, implied or otherwise, including, but not limited to, warranties of title, fitness for a particular purpose, merchantability or noninfringement. Under no circumstances is MM liable for damages arising from any transaction between you and any third party website or for any information appearing on third party websites.

10. Governing Law and Choice of Forum

The laws of South Africa (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in South Africa.

11. Disclaimer of Warranties and Limitation of Liability

The website and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by MM on an “as is” and “as available” basis, unless otherwise specified in writing. The MM makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, MM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MM does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from the MM are free of viruses or other harmful components. The MM will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Terms & Conditions of Sale

The following General Terms and Conditions of Sale govern the sale of merchandise by Maison Mara (PTY) Ltd. (“MM” or “we”) to you through
www.maisonmara.co.za (“website”). Your use of the website to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.

1. General

All orders are subject to e-mail confirmation by us. Please note that the products displayed on the website may be out-of-stock or discontinued, and availability is not guaranteed.

2. Prices

All prices are in South African Rand (ZAR). Prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated on the payment page of the cart. The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation e-mail.

3. Binding Agreement

Our order confirmation, these General Terms and Conditions of Sale and our other Site Policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.

4. Governing Law and Choice of Forum

5. Disclaimers and Limitations of Liability

MM makes no representations or warranties of any kind, express or implied, as to the products included in the www.maisonmara.co.za website nor as to the merchandise being sold to you. To the fullest extent permissible by applicable law, MM disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. The MM will not be liable for any damages of any kind arising from the use of the website, including but limited to direct, indirect, incidental, punitive and consequential damages. Certain state laws do not allow liitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.

6. Severability

In any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.

7. Privacy

The terms and conditions of our privacy Policy govern the processing of all personal data collected from you in connection with your purchase of products through the website.

8. Force Majeure

MM shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.