Terms of service

Overview

Welcome to HRDND. The terms "we", "us" and "our" refer to HRDND (Pty) Ltd, a company incorporated in the Republic of South Africa. HRDND operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). HRDND is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Statutory rights notice: Nothing in these Terms is intended to limit or exclude any rights you have as a consumer under South African law, including the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), or the Protection of Personal Information Act 4 of 2013 (POPIA). Where any provision of these Terms conflicts with your statutory rights, your statutory rights prevail.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in South Africa), and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We have made every reasonable effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

Descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person or geographic region, on a case-by-case basis.

This section does not limit your rights under Section 55 of the CPA to receive goods that are of good quality, in good working order, free of defects, reasonably suitable for the purposes for which they are generally intended, and durable for a reasonable period of time.

Section 3 – Orders

When you place an order, you are making an offer to purchase. HRDND reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until HRDND confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as HRDND may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange in accordance with our Returns & Refunds Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 – Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices include VAT where applicable but do not include shipping and handling charges.

We may offer, from time to time, promotions on the Services that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorised to use such payment method for the purchase; and (iii) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

Section 5 – Shipping and Delivery

Shipping and delivery are governed by our Shipping & Delivery Policy, which forms part of these Terms.

In accordance with Section 19 of the Consumer Protection Act, the risk of loss or damage to goods remains with HRDND until the goods have been delivered to you or your authorised representative at the agreed delivery address.

Delivery times are estimates only. While we will make reasonable efforts to deliver within the stated timeframes, we are not liable for delays caused by shipping carriers, weather, or other circumstances beyond our reasonable control. If we fail to deliver your order on the agreed date or within a reasonable time, you may exercise your rights under Section 19 of the CPA, including cancelling the order without penalty.

Section 6 – Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by HRDND, its affiliates or licensors and are protected by South African and international copyright, trademark, and other intellectual property laws, including the Copyright Act 98 of 1978 and the Trade Marks Act 194 of 1993.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any licence or other rights to you under any patent, trademark, copyright, or other intellectual property of HRDND, Shopify, or any third party. Unauthorised use of the Services may be a violation of South African and international intellectual property laws. All rights not expressly granted herein are reserved by HRDND.

HRDND's names, logos, product and service names, designs, and slogans — including the HRDND wordmark and skull mark — are trademarks of HRDND or its affiliates. You must not use such trademarks without the prior written permission of HRDND. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7 – Optional Tools

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement, save to the extent that such disclaimers are prohibited by South African law. We shall have no liability arising from or relating to your use of optional third-party tools, except as required by applicable consumer protection legislation.

Any use by you of optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

Section 8 – Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites, except to the extent such liability cannot be lawfully excluded under South African law. Please review carefully the third-party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 9 – Relationship with Shopify

HRDND is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with HRDND. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and HRDND, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with HRDND.

Section 10 – Privacy and Personal Information

All personal information we collect through the Services is subject to our Privacy Policy and is processed in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and third parties that may be located in countries other than South Africa, in accordance with our Privacy Policy and applicable law.

Section 11 – Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use this licence to operate, provide, evaluate, enhance, improve and promote the Services.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain unlawful, abusive, obscene, or malicious content. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order), subject to your rights under the CPA.

Section 13 – Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any South African or international law, regulation, or local ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm HRDND, Shopify, or users of the Services, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time if we determine that you have violated any part of these Terms.

Section 14 – Termination

We may terminate this agreement or your access to the Services in our sole discretion at any time, where reasonable to do so, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive termination.

Section 15 – Disclaimer of Warranties

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information, and any reliance you place on it is at your own risk.

Subject to your statutory rights under the Consumer Protection Act and any other applicable South African law that cannot be lawfully excluded, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without representations, warranties, or conditions of any kind beyond those required by law.

Nothing in this section limits or excludes:

Your rights under Section 55 of the CPA to safe, good-quality goods that are reasonably suitable for their intended purpose and free of defects;
Your rights under Section 56 of the CPA (implied warranty of quality and 6-month right to return defective goods);
Your rights under Section 61 of the CPA in relation to liability for damage caused by defective, unsafe, or hazardous goods;
Any other rights under South African law that cannot be lawfully excluded or limited.

Section 16 – Limitation of Liability

Subject to your statutory rights under the Consumer Protection Act and other applicable South African law, and to the fullest extent permitted by law, HRDND, our directors, officers, employees, affiliates, agents, contractors, service providers or licensors, and those of Shopify and its affiliates, shall not be liable for any indirect, incidental, special, or consequential damages of any kind, including loss of profits, loss of revenue, loss of savings, loss of data, or replacement costs, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured through the Services.

Nothing in this section limits or excludes:

HRDND's liability for death or personal injury caused by our negligence;
HRDND's liability for fraud or fraudulent misrepresentation;
HRDND's strict liability under Section 61 of the CPA for damage caused by defective, unsafe, or hazardous goods;
Your rights under the CPA, ECTA, POPIA, or any other South African legislation that cannot be lawfully excluded.

Where HRDND is liable to you, our maximum aggregate liability for any claim arising out of or relating to your purchase shall not exceed the total amount paid by you for the product(s) giving rise to the claim, except where a higher amount is required by law.

Section 17 – Indemnification

You agree to indemnify and hold harmless HRDND, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of:

(1) your material breach of these Terms of Service or the documents incorporated by reference;
(2) your wilful or grossly negligent violation of any law or the rights of a third party; or
(3) any fraudulent or unlawful use of the Services by you.

This indemnity does not apply to losses arising from HRDND's own breach, negligence, or unlawful conduct, and is limited to the extent permitted by Section 51 of the Consumer Protection Act.

We will notify you of any indemnifiable claim, and a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims.

Section 18 – Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.

Section 19 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with our Returns & Refunds Policy, Shipping & Delivery Policy, and Privacy Policy, constitute the entire agreement and understanding between you and HRDND, superseding any prior or contemporaneous agreements, communications, and proposals (whether oral or written).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 – Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations on reasonable notice to you, provided that your rights under these Terms are not materially prejudiced.

Section 21 – Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with the laws of the Republic of South Africa.

You and HRDND consent to the non-exclusive jurisdiction of the Magistrates' Court and the High Court of South Africa, Western Cape Division, Cape Town, in respect of any dispute arising out of or in connection with these Terms. Nothing in this clause limits your rights under the CPA to refer disputes to the National Consumer Commission, the National Consumer Tribunal, an accredited consumer ombud, or other forum provided for under South African consumer law.

Section 22 – Headings

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Section 23 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service. For material changes (changes that meaningfully affect your rights or obligations), we will provide reasonable advance notice by email to registered customers and/or by prominent notice on the website before the changes take effect. For non-material changes, we will update the version on this page.

Your continued use of or access to the Services following the effective date of any changes constitutes acceptance of those changes. If you do not agree to the changes, you should stop using the Services.

Section 24 – Contact Information

For questions about these Terms of Service or legal matters, please contact us at:

support@hrdndza.com

For questions about orders, returns, or shipping, please contact us at:

sales@hrdndza.com

HRDND (Pty) Ltd
Email: support@hrdndza.com
Address: PostNet Suite #37, Private Bag X18, Rondebosch, 7701