.Introduction

1.1 These Website Terms and Conditions (T&Cs), which include any Policies on Yellow Factory's website (“we”, “us” and “our”), apply to the ordering, sale and delivery of goods and services, access to the information and use of this Website by Customers (“you”, or “your”).

1.2 By using this Website you are bound by and agree to these T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website.

1.3 When placing an online order a user profile will be created for which will serve as consent to and acceptance of our T&Cs and Privacy Policy.

1.4 These Terms and Conditions are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, may limit Yellow Factory’s risk or liability, create risk or liability for you as a consumer, may compel you to indemnity Yellow Factory and serves as an acknowledgement by you of any fact.

1.5 Should you not understand any of the contents of these T&Cs, you are advised to contact Yellow Factory to assist with further explanation of the T&Cs before accepting them.

3. SUPPLY OF GOODS AND/OR SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("The Act")

3.1 Insofar as this these T&Cs fall within the ambit of the Act, the following information is made available to you in respect of the supply of goods and/or services offered for sale, by way of an electronic transaction:

3.2 Our contact details are set out below in clause 18 below.

3.3 Goods and/or Services: The goods and/or services provided through the Website are various services which enable you to give instructions to us.

3.4 Complaints and Disputes:3.4.1 We are bound by the Consumer Goods and Services Industry Code and are a participant in the Consumer Goods and Services Ombud Scheme. An electronic copy of the Code is available at http://www.cgso.org.za/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please use the "Contact Us" service on the Website or you can contact our customer Call Centre on 800 212 535 (South Africa), 1800 212 535 (Australia) and (+27 31 310 8000) for other countries or contact us via email at Creativecreations048@gmail.com

3.4.2 In the event of your complaint not being resolved to your reasonable satisfaction by us within 15 (fifteen) business days of having notified us or such extended period as agreed between us and yourself, you are entitled to approach the Consumer Goods and Services Ombud within a reasonable time, who will assist in resolving the dispute:

Website: http://www.cgso.org.za/

Sharecall: 0860 000 272

Email: info@cgso.org.za / complaints@cgso.org.za

Fax: 086 206 1999

5. NATIONAL CREDIT ACT 34 of 2005

5.1 In terms of the National Credit Act ("the Act"): Please see our standard terms and conditions relating to credit and the National Credit Act by visiting https://yellowfactorytm.company.site/

6. PURCHASES AND STOCK AVAILABILITY

6.1 You will be required to provide certain information, in order to purchase Products that are displayed on our website, which may including personal information. Please refer to our Privacy Policy on our website to view how we process and use your personal information.

6.2 Use of our website confirms your understanding and acceptance of these Terms and Conditions, and you will be bound by these T&C’s during all transactions relating to the purchase of Products from our website.

6.3 Prices displayed on our website are subject to change without notice. Prices will include tax, where this is required by specific country legislation.

6.4 Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorized by Yellow Factory. In this circumstance.

6.5 We will notify you as soon as we can if any Items Ordered are not available (this may take a few days, depending on the delivery and payment method method).

6.6 Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

7. PAYMENT OPTIONS

7.1 Payment is subject at all times to Yellow Factory agreements with its bankers and the outsourced financial transactions service provider.

7.2 You may pay for your online orders and delivery costs using several payment options, dependent on the country you select on our Website, including where available:7.2.1 Credit, cheque or debit card.7.2.1.1 We subscribe to high security and encryption standards allowing all Customers to shop with peace of mind. We have taken all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.

7.2.1.2 When placing your order, and proving the required personal details, including your payment card details you warrant that you are authorised to make payment with the payment card and that there are enough funds available to pay for your order.

7.2.3 Yellow Factory electronic gift voucher (eGift Voucher).

7.2.3.1 Payment using a valid eGift Voucher is subject to the available funds on your eGift Voucher .

7.2.3.2 eGift Vouchers are valid for thirty six (36) months from the date of purchase. Should the total amount for your Order (including delivery) exceed the amount of funds on your eGift Voucher you may add a second payment method to pay for the balance of the amount due.

7.2.3.3 Physical vouchers purchased in store are not redeemable online and may only be redeemed in store.

7.2.4 Bank deposit or Manual EFT, Instant EFT (by OZOW)

7.2.4.1 Please note that payment via EFT can take up to seventy two (72) hours to reflect in our bank account, depending upon the bank that you use and available funds in your bank account.

7.2.4.2 Instant EFT (by OZOW) payments reflect immediately.

7.2.4.3 If we have not received your payment within seventy two (72) hours, your Order will not be accepted and will be automatically cancelled.

7.3 We regret that we do not accept cheques.

7.4 Once your payment has been received you will be issued with acknowledgement of payment and the delivery process will then commence.

7.5 Please refer to our Payment Policy in our FAQs on our Website at checkout for specific payment options available for your country.

8. DELIVERY AND RETURNS

8.1 Deliveries

8.1.1 Due to the nature of Product, delivery options may differ per division and product, and not all delivery options are available for all items Ordered. Please refer to our online Delivery and Returns Policy in our FAQs, which are incorporated into these T&Cs by reference.

8.1.2 Delivery fees vary depending on your selected delivery option and Items ordered. Furniture, Large Homeware Items or Large Gym Equipment delivery options and costs differ from other products orders and are calculated per item and in accordance with the location of your delivery address. The delivery fee will be displayed during the ordering checkout process, but before checkout has been finalized.

8.1.3 We will notify you via email as to the process of your Order, and you will also be able to track Order on our Website.

8.1.4 Upon delivery or collection of your Order a delivery/collection note will be issued for signature, reflecting the Items that are being delivered or collected, delivery fees, Value-Added Tax and the amount paid.

8.1.5 You should always check that the Items being collected or delivered are correct and are free from any defects. Should the packaging be damaged and you accept the Order without fully inspecting the Items you should add a note on the delivery note stipulating that the packaging was damaged, or items were not inspected. Where there is an issue with the Items detected after acceptance of the Order, you should notify our Call Centre without delay in order for us to be aware of any issues with the Items and in order for arrangements to be made for the items to be returned and refunded.

8.1.6 Although reasonable care shall be taken, we cannot accept responsibility for incorrect delivery details that have been provided to us, or if an unauthorised person at your chosen delivery address accepts delivery of your Order, as we do not verify the identity of the person at the delivery address who signs the delivery note.

8.1.8 After 2 (two) failed attempts to deliver your Order to you at your chosen delivery address via our couriers services, your Order shall be returned to us and the purchase shall be reversed after the cost of the second delivery has been deducted.

8.1.9 For purposes of this clause “we, us, our” shall include any agent or independent contractors who may be responsible for delivery on behalf of us which shall also include the South African Postal Office or a courier service.

8.2 Returns.

t Returns may be conditional upon you submitting photographic proof of the quality issue or defectiveness of the Product before we will approve the refund.

8.2.2 Should any Items purchased on our website be defective, these Items, if unaltered, may be returned for refund, replacement (where stock is available), or repair (where repair is possible) within 6 (six) days of the purchase date, subject to producing proof of your purchase (invoice or delivery note). Longer warranty periods or conditions offered by producers or distributors may be stipulated on these Items, in which case these warranty periods and conditions will apply in addition to our 6 (six) day warranty.

8.2.3 Due to health reasons we do not accept returns on items such as costumes, underwear and earrings.

8.2.4 Please refer to our online Delivery and Returns Policy in our FAQs for further details, which are incorporated into these T&Cs by reference.

9. CANCELLATIONS AND REFUNDS

9.1 You may cancel your Order prior to us manufacturing your the Order. Should you cancel Orders after we have manufactured out the Order you will not receive a refund.

9.2 Qualifying refunds will be processed as follows:

9.2.1 Where returns are processed in store, you will receive your refund in the same payment method that you used to make payment (cash refunds are only applicable where Items were returned within 7 (seven) days from purchase only if Items were defective). In the event that you are not able to provide the proof of purchase, but we are able to verify the purchase details, a physical voucher will be processed.

9.2.2 Where manual EFT, Instant EFT, credit card, debit card and cash payments were made and returns are processed online or via the call centre, an eGift Voucher or cash refund will be processed (cash refunds are only applicable where Items were returned within 7 (seven) days from purchase only if Items were defective).

9.2.4 Where purchases were made using only an eGift Voucher, refunds will be processed by using a further eGift Voucher to the value of the approved refund.

9.2.5 Where purchases were made with an eGift Voucher and a second payment method was used to pay the balance of the amount due[VD1] , such as manual EFT, Instant EFT, credit card or debit card and the returns are processed online or via the call centre, an eGift Voucher or cash refund will be processed (cash refunds are only applicable where Items were returned within 7 (seven) days from purchase only if Items were defective).

10. RISK AND OWNERSHIP

10.1 Once the Order has been delivered or collected by you, the risk in and to the Products will pass to you as the Customer.

11. CHANGES, SUSPENSION, AND TERMINATION

11.1 We may alter and/or amend the Website at any time without giving notice to you,

11.2 We may suspend or terminate the Website at any time without giving notice to you.

11.3 We may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of these T&Cs.

11.4 Such termination shall not affect any right or remedy to relief to which Yellow Factory may be entitled.

11.5 Upon termination of the Website or your account, all rights granted to you will terminate and revert to Yellow Factory.

11.6 Yellow Factory may at any time modify these T&Cs without notice to you. If you are not satisfied with the amended T&Cs, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.

11.7 We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification.

11.8 We accordingly advise you to read and take note of these T&Cs each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the T&Cs available on the Website whenever you visit the Website.

12. WARRANTY

12.1 The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.

12.2 We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these T&Cs.

13. LIMITATION OF LIABILITY

13.1 Whilst every attempt is taken by Yellow Factory to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.

13.2 We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.

13.3 While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties' web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.

13.4 While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Yellow Factory Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.

13.5 You hereby agree, to as far as the law allows, to indemnify Yellow Factory against any loss, claim or damage suffered, or liability sustained by your or any third party acting for you, due to your or their use of our website and/or any thirty party websites linked to our website.

13.6 We shall not be liable to you in contract, delict (including for negligence) or otherwise:13.6.1 for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or

13.6.2 for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or

13.6.3 for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).

13.7 Each provision of this clause 13 operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.