Terms and Conditions

Terms & Conditions

Welcome to the Che Cherry website ("Site") located at https://www.checherry.com! By accessing or using the Site, you ("User") agree to be bound by these Terms & Conditions ("Terms"). If you do not agree with any part of these Terms, please do not use our Site. Che Cherry (Pty) Ltd ("Che Cherry") reserves the right to modify these Terms at any time without prior notice. By using the Site after any modification, you agree to be bound by the updated Terms.

  1. Account Registration

To make purchases on the Site, you may create an account with Che Cherry or use the guest checkout option. By creating an account, you agree to provide accurate and current information and to promptly update this information if it changes. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account.

  1. Orders & Payments

All orders are subject to acceptance and availability. Items in your shopping cart are not reserved and may be purchased by other customers. Che Cherry reserves the right to cancel any order for any reason. We accept various payment methods, such as credit cards and PayPal. By submitting an order, you represent and warrant that you are authorized to use the provided payment method and authorize us to charge your order to that payment method.

  1. Pricing & Taxes

All prices displayed on the Site are in the currency you select. Prices may change at any time without notice. You are responsible for any applicable taxes, customs duties, or fees associated with your order. Che Cherry (Pty) Ltd is not responsible for any additional fees or costs incurred by shipping or customs.

  1. Shipping & Delivery

Currently, Che Cherry ships only within South Africa. We will be offering worldwide shipping in the near future. Shipping fees and delivery times will vary depending on your location and the shipping method you select. We strive to deliver orders promptly, but we cannot guarantee delivery dates. Che Cherry is not responsible for any delays or damages that may occur during shipping.

  1. Returns & Exchanges

We want you to be satisfied with your purchase. If you wish to return or exchange an item, please contact our Customer Service team within 7 days of receiving your order. Returned items must be in their original condition, unworn, unwashed, and with all tags attached. Please note that shipping fees are non-refundable, and the customer is responsible for return shipping costs.

  1. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Che Cherry (Pty) Ltd or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, or create derivative works from the Site's content without the express written consent of Che Cherry (Pty) Ltd.

  1. Limitation of Liability

In no event shall Che Cherry (Pty) Ltd, its affiliates, directors, officers, or employees be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of use, arising from your use of the Site or any purchase made through the Site.

  1. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of South Africa for the resolution of any disputes arising from these Terms.

  1. Contact Information

If you have any questions or concerns regarding these Terms or the Site, please contact our Customer Service team at [email protected]

 

  1. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference and explains how we collect, use, and protect your personal information when you access and use the Site.

  1. User-Generated Content

By submitting, posting, or otherwise providing any content, including but not limited to reviews, comments, suggestions, or ideas, to the Site, you grant Che Cherry (Pty) Ltd a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all the rights to the content you post and that the content is accurate, lawful, and does not violate these Terms or the rights of any third party.

  1. Third-Party Links

The Site may contain links to other websites operated by third parties. These links are provided for your convenience only and do not imply endorsement or approval by Che Cherry (Pty) Ltd of the content, policies, or practices of such third-party websites. Che Cherry (Pty) Ltd is not responsible for the availability, content, or accuracy of any third-party websites, nor is Che Cherry (Pty) Ltd responsible for any loss or damage that may arise from your use of these websites.

  1. Termination

Che Cherry (Pty) Ltd reserves the right, in its sole discretion, to terminate your access to the Site and any related services or any portion thereof at any time, without notice. Che Cherry (Pty) Ltd may also terminate or suspend your access to the Site for breach of these Terms or any applicable laws.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Che Cherry (Pty) Ltd, its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, costs, or other expenses, including reasonable attorneys' fees, arising from or related to your use of the Site, your violation of these Terms, or the infringement by you or any other user of your account of any intellectual property or other rights of any person or entity.

  1. Severability

If any provision of these Terms is deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  1. Entire Agreement

These Terms, together with any additional terms and conditions incorporated herein by reference, constitute the entire agreement between you and Che Cherry (Pty) Ltd with respect to your access and use of the Site and supersede all prior or contemporaneous agreements, negotiations, or understandings, whether oral or written, relating to the subject matter hereof.

Last updated: 31 March 2023