Terms & Conditions

OVERVIEW

This website is operated by The Cape Soap Co. Throughout the site, the terms “we”, “us” and “our” refer to The Cape Soap Co. The Cape Soap Co. offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”).
Please read these Terms and Conditions carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WordPress. The WooCommerce plugin provides us with the online e-commerce platform that allows us to sell our products and services to you.

LAST UPDATED

31 May 2022

ABOUT US

We are The Cape Soap Co. – an online store at https://capesoap.co

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature.
You may only use this site to browse the content, and make legitimate purchases and shall not use this site for any other purposes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark, or other intellectual property laws or other laws.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”) you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal rights to use any credit card(s) or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including, but not limited to product or service availability, errors in the description or price of the products or service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transition is suspected.
When you click to make a purchase with us legal obligations arise and your right to refund monies charged to your credit card or paid in any other way agreed by us, is limited to these Terms and Conditions. You must not make any purchase through this site unless you understand and agree with all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
Please ensure the correct shipping address is provided from the outset, as title and risk will pass to you once the order has left our premises.

PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your device’s display of any colour will be accurate. 
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

PROMOTIONS

Any promotion made available through the Service may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

PAYFAST

PayFast is our Service’s secure payment gateway. It processes credit, debit, and cheque card payments as well as order payments by MasterPass and Zapper, MobiCred, or InstantEFT. PayFast recognises the importance of protecting the personal information that you (“the User”) provide. Therefore they have put together a policy that respects and addresses that. You can find PayFast’s Privacy Statement here: https://www.payfast.co.za/privacy-policy
PayFast has a multitude of automated and manual checks in place to protect both buyers and sellers from fraudulent transactions. Read more about PayFast’s security and fraud prevention here: https://www.payfast.co.za/security-fraud

CASH PAYMENT

Cash payment is not an accepted method of payment on this site. Please contact us prior to placing an order if none of the accepted payment methods is available to you so we can see if we can assist you. Cash deposits incur a fee and we retain the right to cancel your order and refund any cash payments made without provision, therefore.

DISCLOSURE OF OUTLET COUNTRY AT TIME OF PAYMENT

South Africa

PAYMENT OPTIONS AND PRICING

All transactions will be processed in South African rands (ZAR)
The Cape Soap Co. endeavours to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable sales tax and shipping charges.
The Cape Soap Co. reserves the right to change pricing at any time without prior notice.

ORDERS

Orders must be placed between Wednesday noon and Sunday midnight for local delivery and national shipping the following week.
Once your order has been received, you will receive an automatic email immediately confirming your order. This is your receipt and should be retained for your record. This email will contain an order number, a detailed list of your order, as well as the shipping and billing details as provided by the purchaser.
On Monday and Tuesday, we gather all orders, produce accordingly when needed, check that funds have cleared into our accounts, pack with care, and prepare Wednesday’s delivery and shipping. Although we will try and include them, we cannot guarantee that orders received on Monday and Tuesday will be processed on time for that week’s delivery/shipping.
The provision of services by The Cape Soap Co. is subject to availability. In case of unavailability, The Cape Soap Co. will contact you with options.
Ownership of the goods passes to you on payment of the fees in full.

DELIVERY

We have chosen Wednesday as our delivery day. This is when we deliver to our local collection point(s). It is also when a local courier company collects the parcels from our workshop and sends them on their way to your home, office, or pick-up point of preference. When your parcel is on its way, you will receive a tracking number by SMS/email, allowing you to track your parcel on the courier’s company’s website.
Expect local delivery in and around Cape Town to be done on Wednesday or Thursday, while national shipping takes 2-4 working days.
If you cannot wait for our delivery and shipping day, please contact us: connect@capesoap.co. We will see how we can attend to your request!
A signature will be requested upon delivery, so we suggest providing an address where someone will be able to sign between 09h00 and 17h00. If the recipient is unavailable at the time of delivery, your parcel will be left with someone who will be required to sign in.
You accept that in order for us to prove delivery of an order, we do not have to prove that you personally received the goods, but rather that any person at the delivery address signed for the delivery.
Risks related to the goods pass to you on delivery.

DELIVERY TO REMOTE AREAS

If you reside in a main centre, your parcel will arrive at your door. However, our courier does not deliver to outlying areas and farms. If you reside in a remote area your parcel will need to be collected at a Pargo Pick-up Point. These pick-up points are conveniently located at petrol stations, pharmacies or other frequently visited stores. We will check which pick-up point is closest to your address and inform you via email. An SMS and/or email will then be sent to you as soon as your package is ready for collection at the chosen Pargo parcel point. This way we’re keeping the environment in mind by shortening shipping distances. Thank you for your cooperation.

SHIPPING COSTS

As you are well aware, transport has a cost, both economical and environmental.
Using a local courier service for deliveries allows us to reduce our carbon footprint by relying on a network of drivers already on the road.
We have opted to offer flat rates. These costs are valid for parcel size and weight 50x50x50cm maximum or 30kg maximum, whichever maximum is reached first. Should we need to use a larger box or should the total weight be heavier, additional costs may incur and we will contact you to make arrangements.

FREE-DELIVERY

We deliver each Wednesday to our local collection point(s) free of charge. Select the “local pick-up” option at check-out. When your parcel has been delivered, you will receive an SMS and/or email. You can then collect your order from the specified collection point.

FAILED DELIVERY

Should the courier company not be able to complete the delivery at the address specified by you, either due to an incorrect delivery address or to your unavailability or unavailability of the assigned person to accept the parcel within regular delivery times, every attempt will be made to contact you to make arrangements for re-shipment. You will be responsible for any additional shipping costs to have the package resent.

INCORRECT, DAMAGED OR LOST GOODS

If we sent the wrong item(s) to you by mistake, please contact us within 7 days of receipt at connect@capesoap.co. We will ship the correct item at no additional cost.
If you received damaged products, save all contents and parcel packaging material and notify us within 7 days of receipt at connect@capesoap.co. Please provide your order number and photos of the damaged product(s) and shipping materials. We will make arrangements for a replacement product to be sent to you on our account or to credit or refund you for the damaged or broken product, whichever you prefer.
If your order has failed to arrive within 2-3 working days of our delivery day (Wednesday), please inform us. Any claim not made in writing within a period of 7 days from the date of communicated delivery shall be deemed to have been waived and shall lapse.
Failure to contact us within 7 days to report any issues relating to incorrect, damaged or lost goods voids any responsibility we may have had.

RETURNS POLICY

We will only consider returns for reasons of a defective or damaged product, not due to a change of mind, including if our product(s) has/have been delivered to you as a gift from the purchaser. This is due to the environmental impact of reverse shipping and sanitary reasons. We ask that our customers use what they have, buy what they need, and ask questions before placing orders. We strongly encourage you to read our product descriptions, ingredients and care instructions thoroughly and to make well-educated purchasing decisions. If you have any questions, please email us prior to purchasing. We are here to help and advise!
Naturally, we still want you to be happy and pleased about your purchase, so if you have an issue, please email connect@capesoap.co. All requests will be handled on a case by case basis.
A delivery being delayed is no grounds for return or refund.

ORDER CANCELLATION

If an online order has already been processed, then cancelling the order will not be possible.
If you wish to cancel your order completely, you must contact us within 24 hours by email. The order can only be cancelled if it has not yet been shipped. If the order has been shipped, then the order will stand and cannot be cancelled, and no refund will be issued.
Orders that are cancelled through no fault of The Cape Soap Co. will incur a 10% handling fee.
The Cape Soap Co. reserves the right not to ship and to cancel an order for any reason.

PACKAGE-FREE OPTION (i.e. “REFILL”)
i.e. DISCOUNT COUPON FOR RETURNED REUSABLE CONTAINER

When we can open our workshop to the public you will be able to come and refill your containers of home hygiene products. In the meantime – and for our skincare products, whose containers need to be carefully cleaned before being refilled – we encourage you to be “packaging-conscious” by offering a “refill” at a discounted price when you bring us your empty reusable containers.
Leave your empty reusable containers at our local collection point(s) with a note clearly attached indicating your name, phone number, email, and a description of the container(s) returned: number, product(s) and size(s); and we will send you a discount voucher to apply to your next purchase.
In order to warrant a voucher, the returned reusable container must be in such condition that we are able to wash, refill and resell it.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of The Cape Soap Co. and its licensors. The Service has made request to the CIPC to be protected by trademark and other laws of South Africa.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall The Cape Soap Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Cape Soap Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms and Conditions 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 deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. 
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). 
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. By continuing to access or use our Service after the Terms have been updated, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

CONTACT DETAILS

The Cape Soap Co. – www.capesoap.co
connect@capesoap.co – +27 72 626 5528
PO Box 13965 – Mowbray 7705, South Africa