TERMS OF SERVICE

Standard Terms & Conditions

THE WILD STORY PROPRIETARY LIMITED


(Registration Number 2021/924271/07)
The Coach House
117 Hatfield Street
Gardens, Cape Town
8001

1. DEFINITIONS: "The Wild Story" refers to The Wild Story Proprietary Limited. "Purchaser(s)" refers to any individual or entity purchasing products or services from The Wild Story. "CPA" refers to the Consumer Protection Act, 2008. "POPIA" refers to the Protection of Personal Information Act, 2013.

2. ORDERS AND ACCEPTANCE: These terms and conditions apply to any contract in which The Wild Story agrees to sell product(s) and/or service(s) to any purchaser(s), to the exclusion of any terms the purchaser(s) may seek to impose.

3. PURCHASE PRICE: 3.1 The purchase price is the list price published by The Wild Story at the date of dispatch unless otherwise agreed in writing. 3.2 The Wild Story may vary its prices without notice. 3.3 Prices are quoted in South African Rand and must be paid in ZAR. 3.4 Prices exclude transport costs, import duties, levies, or other applicable charges unless otherwise agreed.

4. VALUE ADDED TAX (VAT): All product(s) and service(s) are quoted excluding VAT, unless purchased via a registered VAT stockist.

5. DISCOUNTS: Prices are strictly net unless otherwise agreed in writing by The Wild Story.

6. DELIVERY: 6.1 Goods are sold FOB Cape Town unless otherwise agreed, with risk transferring to the purchaser(s) upon dispatch. 6.2 Delivery dates are approximate and subject to availability. The Wild Story will not be liable for any loss from delivery delays.

7. PAYMENT: 7.1 Full payment is required before dispatch unless otherwise agreed. 7.2 Overdue accounts will accrue interest at the prime overdraft rate plus 2% per annum, compounded monthly. 7.3 Product(s) and service(s) are not dispatched or rendered without full payment or acceptable security.

8. RISK AND OWNERSHIP: 8.1 Risk passes to the purchaser(s) on dispatch. 8.2 Ownership remains with The Wild Story until full payment is received. 8.3 If purchaser(s) on-sell goods prior to payment, proceeds are held in trust for The Wild Story.

9. GUARANTEE AND CONSUMER RIGHTS: 9.1 The Wild Story warrants its products against defects in materials and workmanship for 6 (six) months under proper use. 9.2 In accordance with the CPA, consumers are entitled to a refund, repair, or replacement of defective goods reported within 6 months of delivery. 9.3 Damaged goods must be returned with proof of purchase. Failure to comply may void warranty claims.

10. LIMITATION OF LIABILITY: 10.1 Subject to CPA provisions, The Wild Story is not liable for any loss or damage (direct, indirect, or consequential), including loss of profits, except as set out in Section 9. 10.2 The Wild Story makes no guarantees beyond those specifically stated in writing.

11. FORCE MAJEURE: The Wild Story is not liable for non-performance due to force majeure events including but not limited to strikes, shortages, or transportation delays.

12. GOVERNING LAW AND JURISDICTION: 12.1 These terms are governed by South African law. The courts of Cape Town have exclusive jurisdiction. 12.2 The Wild Story chooses as domicilium citandi et executandi: The Coach House, 117 Hatfield Street, Gardens, Cape Town 8001. Purchasers choose their address at the point of sale.

13. INTELLECTUAL PROPERTY: Purchasers acknowledge The Wild Story's ownership of all intellectual property rights in its products.

14. CONFIDENTIALITY AND POPIA: 14.1 The Wild Story collects and processes personal information in accordance with POPIA. 14.2 Information collected includes names, contact details, and purchase information, used for order processing, communication, and analytics. 14.3 Personal information will not be shared with third parties except as required for fulfilment or legal purposes. 14.4 Purchasers may request access, correction, or deletion of their personal information by contacting us in writing.

15. DISPUTE RESOLUTION: 15.1 Disputes shall be resolved via arbitration under the Arbitration Foundation of Southern Africa (AFSA) rules in Cape Town, in English. 15.2 The Wild Story may claim specific performance or terminate the agreement with 10 days’ notice in the event of material breach.

16. GENERAL: 16.1 These terms constitute the entire agreement. Variations must be in writing and signed by both parties. 16.2 Where the purchaser is a consumer as defined in the CPA, these terms will be subject to the CPA, and no clause shall limit the consumer’s rights under that Act.

17. IP ADDRESS AND COOKIES: By using The Wild Story website, you consent to the use of cookies and third-party services that process your IP address for purposes such as location-based currency conversion. This information is temporarily stored in your browser to improve your browsing experience.