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Terms & Conditions

Okapi's ("Okapi", "we" or "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.Okapi.com.
Okapi is a trading name of Okapi – Luxury Bags and Accessories Limited, a company registered in South Africa under registration number 2010/005775/07. Our registered address is 34 Long Street, Cape Town, 8001, South Africa. Our VAT number is (insert SA VAT number).
In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. Okapi does not offer merchandise or services to minors. If you are under the age of 18, you may not act upon any offers on this Site.
We may modify the TOS from time to time. The TOS shall be in English only. Please read the TOS carefully. By browsing and using this Site in any way, you hereby acknowledge that you have read and accepted these TOS. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

REGISTRATION

To make use of all the services or features made available to you on this Site, you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address rsacustomercare@okapi.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify Okapi immediately of any breach of security or unauthorized use of your account.

Please refer to our privacy policy for information about how we use and collect information.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. Furthermore, you will be required to provide payment details that you warrant is valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available for use only to individuals and others who meet the Okapi terms of eligibility. In addition, Okapi reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

ORDERS

All orders are subject to acceptance and availability of merchandise, and items in your shopping basket are not reserved and may be purchased by other customers.

Occasionally however, we may be waiting for shipments from our suppliers. In this instance, you may choose to register your email address for notification of arrival of the selected merchandise not held in stock. If you have registered your email address for notification of the arrival of a specific merchandise featured on our Site, we will attempt to notify you by email within 48 hours of the merchandise becoming available on the Site. Please be aware that on occasion certain merchandise that are in particularly high demand will sell out during this period.

ACCEPTANCE OF YOUR ORDER

Once your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

An agreement of sale only comes into effect if and when: An order confirmation is sent by Okapi to you and you electronically submit a properly completed order for one or more merchandises in your shopping basket; and payment is either authorised, or received by Okapi in its bank account, subject to stock of the merchandise being available.

We reserve the right not to accept your order in the following, but not limited to, events: that we are unable to obtain authorisation for your payment; that shipping restrictions apply to a particular item; that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process your order and not accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not we sold, removed, screened or edited the merchandise. Neither will we be liable to you or any third party should we refuse to process a transaction or unwind or suspend any transaction after processing has begun.

PRICING POLICY

Prices shown on the Site are in ZAR and are inclusive of Value Added Tax at the rate of 14%.

All prices and offers remain valid as advertised from time to time. Okapi shall take all reasonable efforts to accurately indicate prices. However, should merchandise be erroneously offered at incorrect prices, Okapi will not be obliged to sell products at such incorrect prices, but shall refund monies paid by you should you wish to proceed with the purchase at the correct price.

If you are a customer whose credit/debit card is not denominated in Rands (ZAR), you may choose to see the price of a product in USD.   Where the price of a product is converted and displayed in an alternative currency to ZAR, such conversion price is indicative only.

The price deducted by us from your credit/debit card will be the ZAR price of the product displayed on the Site along with any additional delivery charges (if applicable).

If you are a customer whose credit/debit card is not denominated in Rands (ZAR), the final price will be calculated in accordance with the applicable exchange rate applied by your card issuer to process the transaction.

PAYMENT

Payment can be made by Visa or MasterCard cards.

Credit Card payments: At the time of placing the order, the transaction details are presented to the bank and an authorisation is obtained for the amount of the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, payment in respect of the order may be collected immediately. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using MyGate, a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, Okapi uses Secure Socket Layer (SSL) technology. Furthermore, we take care, in so far as it is reasonably practical to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Competition T&C'S PROMOTION CODES

By entering the prize draw (the “Prize Draw”) you agree to these terms and conditions.

To enter you must complete the task on Instagram. The Prize Draw opens on 1st June 2015 and closes 30th July 2015.

To enter you must ‘love’ an image of an Okapi bag on The NET SET app and post an image of the bag from The NET SET on Instagram using @okapibags and #myokapi. All entries on Instagram must feature an image of the Okapi bag they ‘love’ from The NET SET.

The winner will be selected at random and announced on July 1st. The winner will be notified by Instagram by 5th July 2015. The draw will be final and no correspondence will be entered into. There will only be 1 winner.

The winner will win the following prize (“the Prize”).

• one Okapi Oya bag

The winner will receive the Prize within one month of the winner claiming the Prize.

If the Prize is not claimed within 3 days of the winner being notified, Okapi reserves the right to award the Prize to an alternative winner. 

Prize is non transferable, non refundable and non negotiable. There is no cash alternative. Okapi reserves the right to substitute the Prize for one of its choosing which has a value the same or greater than the original prize in the event of circumstances outside of its control.

By entering the Prize Draw the winner agrees to participate in such promotional activity and material as Okapi may require.

Winner’s details will be available for 1 month after the draw by sending a SAE to Okapi Prize Draw, Okapi Marketing at the address below.

 Okapi reserves the right to

(i) cancel this Prize Draw,(ii) cancel or refuse any individual’s entry and (iii) amend these terms and conditions (and will use reasonable endeavors to notify changes to entrants and potential entrants).

 Okapi Africa, Unit 109 Westbourne Studios 242 Acklam Road, W10 5JJ, London.

 

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INSURANCE AND DELIVERY

Okapi is responsible for insuring each purchase until it is signed for as delivered to your specified delivery address. We require a signature for any merchandise delivered, at which point responsibility and risk for your purchased merchandise passes to you. If you have specified an alternative recipient for delivery purposes (for example as a gift) then a signature of receipt by that specific person will be deemed as evidence of delivery, and transfer of responsibilityand risk.

Please note that we aim to dispatch all orders placed before 12h00 on a business day (being Monday to Friday) within 48 hours. Delivery periods are only regarded as having commenced upon payment confirmation being received by Okapi. During periods of high volume of orders (e.g. SALE or Christmas) delivery times may be longer.

Delivery: Okapi only delivers merchandise within the Republic of South Africa. Delivery is free of charge.

TRACKING YOUR ORDER

You can check the current status of your shipment by following the instructions on your dispatch email. You will be directed to the courier’s Website where, if you enter the tracking number of your shipment, you will be able to see its status.  Please allow at least four hours from receipt of your dispatch email before using the tracking tool.

RETURNS AND REFUNDS

Cooling Off Period: Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Site within 7 days after date of receipt of the merchandise and to obtain a full purchase price refund within 30 days thereafter, subject to being charged by Okapi, as the case may be, for the return of the merchandise.

To initiate the return, you must, within 7 days from receiving your order, send an email to rsareturns@okapi.com providing us with your original order details, together with the details of the item you wish to return. Our customer services team will then make contact with you and will issue you with a returns reference number and instructions of how to proceed. All returns are to be sent to Okapi, 34 Long Street, Cape Town, 8000. It is your responsibility to insure the returned merchandise up to signature for receipt or delivery at our warehouse. You are under a duty to take reasonable care of the merchandise and will be liable for loss or damage to the merchandise until we receive same. In the event of a dispute, we also recommend you retain proof of dispatching of the returned merchandise. Please write the returns reference number clearly on the outside of the package. No return is accepted without a reference number and unidentified returns may be returned to the sender. Merchandise returned must be in a original and unused condition and in their original undamaged packaging and with all Okapi tags, dustcovers and other packaging items included. We will refund the price of the merchandise to the purchaser, but we will consider the overall condition of the merchandise being returned when making a refund.

We will make no refunds to a third party.

You will be notified by email once your return has been received and processed, please allow 10 working days for processing.

Regular Returns

We hope you will be satisfied with any product purchased from Okapi, but as an alternative to using your rights under the ECT Act, if you wish to return a product to us for any reason, you must, within 14 days from receiving your order, send an email to rsareturns@okapi.com providing us with your original order details, together with the details of the item you wish to return and the reasons for returning it. Our customer services team will then make contact with you and will issue you with a returns reference number and instructions of how to proceed. All returns are to be sent to Okapi, 34 Long Street, Cape Town, 8000.

Where required, we recommend that all returns are sent by recorded and insured delivery as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Please write the returns reference number clearly on the outside of the package and on the returns slip. No return is accepted without a reference number and unidentified returns may be returned to the sender.

Products returned must be in a saleable condition and in their original undamaged packaging and with all Okapi tags, dustcovers and other packaging purchase items included. We will refund the price of the product to the purchaser, but we will consider the overall condition of the product being returned when making a refund. Items should be returned unused, and returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

We will make no refunds to a third party.

You will be notified by email once your return has been received and processed, please allow 10 working days.

Defective / Damaged Merchandise

If, within 6 months after delivery of the merchandise to you, you find that the merchandise is damaged or defective; and you arrange to return such merchandise to Okapi by notifying Okapi via email or by contacting our Customer Service Team and the merchandise is subsequently found – to indeed not be damaged or defective, you will be liable for the costs incurred in having such merchandise returned to Okapi and then re-delivered to you.

Please note that the following issues/problems will not render the merchandise damaged or defective as aforesaid and will not entitle you to any repair, replacement or refund: faults resulting from normal wear and tear; unauthorised alterations to the merchandise.

Exceptions: Special Offer: If the merchandise was ordered pursuant to a “Special Offer” and such merchandise is no longer being offered at the special price, should you elect to have the merchandise repaired or replaced (as opposed to being refunded), Okapi will only be able to repair the merchandise.

Wrong or incorrect item: If the incorrect merchandise is delivered to you by mistake (ie it is not the merchandise that you purchased), please do not remove the merchandise from its original packaging, open or use the merchandise in any way. Please promptly contact our Customer Service Team at rsacustomercare@okapi.com to notify us, so that we can resolve the mistake by arranging to collect such merchandise from you and deliver the correct merchandise to you, as soon as possible. In the unlikely event that we will not be able to source the correct merchandise, we will offer you alternatives or a refund.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Sites and its contents grants no rights to you in relation to any intellectual property and material rights relating to the Content (as described in the Content section below), including Okapi Software and all HTML and other code contained in this Site. All such Content including third party and related intellectual property rights mentioned or displayed on this Site are protected by intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Okapi and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal charges and penalties. Without limiting the foregoing, copying and use of the above listed content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Okapi tries to ensure that the information on this site is accurate and complete. Okapi does not warrant that the Content is accurate or error-free. Okapi does not warrant that the functional aspects of the Site or Content will be error free or that this Site, Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, merchandises, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

TERMINATION

Notwithstanding any of these terms and conditions, Okapi reserves the right, without notice and in its sole discretion, to terminate your rights to use this Site, and to block or prevent future access to and use of this Site.

DISCLAIMER OF WARRANTIES

You further understand and agree that this site and the information, services, products and materials available through it are provided on an “as is” and “as available” basis. You expressly agree that use of this site is at your sole risk.

To the fullest extent permissible pursuant to applicable law, Okapi and its affiliates disclaim all warranties of any kind, either express or implied, including but not limited to any warranties of title, or implied warranties of merchantability or fitness for a particular purpose. No oral or written information provided by Okapi or its affiliates, officers, directors, employees, agents, providers, merchants, sponsers, licensors of the like shall create a warranty.

You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that Okapi does not control in any respect any information, products or series offered by third parties on or through this Site. Except as otherwise agreed in writing, Okapi and its affiliates assume no responsibility for and amake no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this Site.

Okapi does not make any warranty that this Site or its content will meet your requirements, or that the Site or content will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected.

EVENTS OUTSIDE OUR CONTROL

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

LIMITATION ON LIABILITY AND INDEMNIFICATION

You shall remain solely liable for the content of any messages or any other information you upload or transmit to Okapi. You agree to indemnify and hold harmless Okapi from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

USER’S LIABILITY TO OKAPI

In the event that Okapi takes action against you for breach of these terms of use, you agree to reimburse Okapi for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Okapi as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Okapi, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

No failure or omission by Okapi to exercise its rights of cancellation on the grounds of non-compliance by the defaulting party with a condition of the contract on any one or more occasions, shall be deemed to constitute a waiver by Okapi of its rights of summary cancellation in the event of any later similar instance of non-compliance with any condition whatsoever of the contract of the defaulting party.

CUSTOMER SERVICES

Please contact our Customer Services team at rsacustomercare@okapi.com if you have any queries about the TOS or your purchase of merchandise.

DOMICILIUM

Okapi chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: 34 Long Street, Cape Town, 8000.

GOVERNING LAW

The terms and conditions pertaining to any merchandises or services appearing on this Site shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Ordering of any of the merchandises or services offered on this site or pages will constitute the users 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 the terms and conditions pertaining to this Site or such merchandises or services.