Overview
Welcome to MAIÈ Retail! The terms "we," "us," and "our" refer to MAIÈ Retail. MAIÈ Retail 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"). MAIÈ Retail 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, and are provided in accordance with South African law, including the Consumer Protection Act, No. 68 of 2008 ("the CPA"), the Electronic Communications and Transactions Act, No. 25 of 2002 ("the ECTA"), and the Protection of Personal Information Act, No. 4 of 2013 ("POPIA").
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.
Section 1: Access and Account
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, being the age of majority in the Republic of South Africa, and that you have given your consent to allow any minor dependents in your care 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 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 account activity. You may not transfer, sell, assign, or license your account to any other person.
Section 2: Our Products
We have made every effort to provide an accurate representation of our products and services in our online store. Please note, however, that colours or product appearance may differ from how they appear on your screen due to your device and its settings.
All descriptions of products are subject to change at any time without notice, at our discretion, in accordance with the CPA. We reserve the right to discontinue any product at any time and may limit the quantities offered to any person or region, provided that such limitation does not unfairly discriminate against any customer contrary to the CPA.
Section 3: Orders
When you place an order, you are making an offer to purchase. MAIÈ Retail reserves the right to accept or decline your order for any lawful reason. Your order is only accepted once MAIÈ Retail confirms acceptance, and we must receive and process your payment before an order is accepted. Please review your order carefully before submitting, as cancellation after acceptance may not always be possible.
Where we are unable to accept, must amend, or must 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 placed.
Your purchases are subject to return or exchange solely in accordance with our Returns & Refund Policy, which is drafted to comply with your rights under the CPA.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless otherwise agreed with us in writing.
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, as set out in your order confirmation email. Unless expressly stated otherwise, posted prices are inclusive of South African VAT where applicable, and exclude shipping, handling, and any customs or import charges for orders outside South Africa.
Prices offered on this website may differ from prices offered elsewhere, including in person or via other channels. Promotions run from time to time may be governed by additional terms; where those terms conflict with these Terms, the promotion-specific terms will apply to that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update this information as needed so that we can complete transactions and contact you.
You represent and warrant that: (i) any payment information you provide is true, correct, and complete; (ii) you are duly authorised to use the relevant payment method; (iii) charges incurred by you will be honoured by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping and any applicable taxes.
Section 5: Shipping and Delivery
We aim to dispatch and deliver orders within the estimated timeframes provided at checkout; however, all delivery times are estimates only and are not guaranteed. We are not liable for delays caused by our courier partners, customs processing, or other circumstances outside our reasonable control. Risk in the products passes to you upon delivery to the address provided, in accordance with the CPA.
Section 6: Intellectual Property
Our Services, including all trademarks, brand elements, text, images, graphics, product reviews, and the design, selection, and arrangement thereof, are owned by MAIÈ Retail, its affiliates, or licensors, and are protected by South African and applicable international copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated, nothing in these Terms grants any licence or right under any patent, trademark, copyright, or other intellectual property of MAIÈ Retail, Shopify, or any third party. All rights not expressly granted are reserved by MAIÈ Retail.
MAIÈ Retail's names, logos, product and service names, designs, and slogans are trademarks of MAIÈ Retail or its affiliates or licensors and may not be used without prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services belong to their respective owners.
Section 7: Optional Tools
You may be given access to tools provided by third parties as part of the Services, which we do not control or monitor. We provide access to such tools "as is" and "as available," without warranties of any kind, and without endorsement, to the extent permitted by the CPA. Your use of any third-party tool is at your own risk, and you should review the relevant third party's own terms before using it.
We may, from time to time, introduce new features as part of the Services; these will also be governed by these Terms.
Section 8: Third-Party Links
The Services may contain links to websites operated by third parties. We do not examine or evaluate the content of any third-party site, and accessing such sites is at your own risk. We are not liable for harm or loss arising from your use of any third-party website, product, or service. Please review the relevant third party's own policies before transacting with them; complaints relating to third-party products or services should be directed to that third party.
Section 9: Relationship with Shopify
MAIÈ Retail is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases made through our store are made directly with MAIÈ Retail. Shopify is not responsible for any aspect of sales between you and MAIÈ Retail, including any injury, damage, or loss resulting from purchased products. To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from your purchases and transactions with MAIÈ Retail.
Section 10: Privacy Policy
All personal information we collect through the Services is processed in accordance with POPIA and is subject to our Privacy Policy [LINK]. By using the Services, you acknowledge that you have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify also processes certain personal information about your access to and use of the Services as our operator/processor in order to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and other service providers, which may be located outside South Africa; where this occurs, we take reasonable steps to ensure such processing complies with POPIA's cross-border transfer requirements. See our Privacy Policy [LINK] for full details on how we, Shopify, and our service providers use your personal information, and on your rights under POPIA (including the right to access, correct, or request deletion of your personal information, and to lodge a complaint with the Information Regulator).
Section 11: Feedback
If you submit any ideas, suggestions, feedback, reviews, or similar content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, and display such Feedback for any purpose, including commercial use. We are under no obligation to keep Feedback confidential, to compensate you for it, or to respond to it, and we may (but need not) monitor, edit, or remove Feedback that we consider unlawful, offensive, or in breach of these Terms.
You represent and warrant that: (i) you own or hold all rights necessary to submit the Feedback; (ii) you have disclosed any compensation received in connection with it; and (iii) it will not infringe any third party's rights or contain unlawful, defamatory, or malicious content. You are solely responsible for your Feedback and its accuracy; we assume no liability for Feedback submitted by you or third parties.
Section 12: Errors, Inaccuracies, and Omissions
Our Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct such errors and to update or cancel affected orders, in accordance with the CPA, even after an order has been submitted, and will notify you promptly where this affects your order.
Section 13: Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use the Services to: (a) engage in unlawful or malicious conduct; (b) violate any applicable South African or international law or regulation; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, or defame any person; (e) transmit false or misleading information; (f) send unsolicited advertising, spam, or chain messages; (g) impersonate any person or entity; or (h) engage in conduct that restricts or inhibits other users' enjoyment of the Services or that may expose us or others to liability.
You also agree not to: upload viruses or malicious code; reproduce, resell, or exploit any part of the Services without authorisation; collect or track other users' personal information; use bots, scrapers, or automated/AI tools to access the Services without our consent; or bypass or interfere with any security or access-control measures we employ. We reserve the right to suspend or terminate your account if we reasonably determine you have breached these Terms.
Section 14: Automated Agents
This section applies where you use, permit, or cause an automated or semi-autonomous software agent ("Agent") to access or interact with the Services on your behalf.
No Agent may access or interact with the Services unless it: (i) identifies itself as an Agent in all requests (including in the applicable user-agent string); (ii) does not conceal that it is an Agent, including by mimicking human behaviour or circumventing CAPTCHAs; (iii) responds truthfully to any query as to whether it is a human or an automated system; and (iv) does not circumvent any measure we use to control Agent access. We may restrict or block Agent access to the Services by technical or other means at our discretion.
Section 15: Termination
We may terminate this agreement or your access to the Services, in whole or in part, at our discretion and without notice where you have breached these Terms, and you will remain liable for any amounts due up to the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.
Section 16: Disclaimer of Warranties
The information presented on the Services is provided for general information purposes, and we do not warrant its completeness or accuracy beyond what is required by law. Any reliance you place on such information is at your own risk, save to the extent such risk cannot lawfully be excluded.
To the maximum extent permitted by South African law, and subject always to your rights under the CPA (including the implied warranty of quality under section 55–56 of the CPA, which is not excluded by this clause), the Services and products offered through them are provided "as is" and "as available," without warranties or conditions of any kind, whether express or implied, including implied warranties of merchantability, quality, or fitness for a particular purpose, except where such exclusion is not permitted by law. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
Section 17: Limitation of Liability
To the fullest extent permitted by South African law, and without limiting any right you may have under the CPA that cannot lawfully be excluded (including in respect of death, personal injury, or gross negligence), MAIÈ Retail, our partners, 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, punitive, special, or consequential damages, including lost profits, lost revenue, or loss of data, arising from your use of the Services or any products procured through them, whether based in contract, delict (including negligence), or otherwise.
Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded under South African law.
Section 18: Indemnification
You agree to indemnify and hold harmless MAIÈ Retail, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, and service providers from any losses, damages, liabilities, or claims (including reasonable legal costs) arising from: (1) your breach of these Terms; (2) your violation of any law or third-party right; or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim; a delay in doing so will not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defence and settlement of such a claim at your cost, but will not settle any claim requiring a non-monetary obligation from you without your consent, which will not be unreasonably withheld. You agree to cooperate reasonably in the defence of any such claim.
Section 19: Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder shall be severed without affecting the validity of the remaining provisions.
Section 20: Waiver; Entire Agreement
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with any policies referenced herein, constitute the entire agreement between you and MAIÈ Retail regarding your use of the Services, superseding any prior agreements or communications, whether oral or written. Any ambiguity in these Terms shall not be construed against the drafting party.
Section 21: Assignment
You may not delegate, transfer, or assign this agreement or any related rights or obligations without our prior written consent; any such attempt is void. We may transfer, assign, or delegate these Terms and our related rights and obligations without notice to you.
Section 22: Governing Law
These Terms of Service, and any separate agreement under which we provide you Services, shall be governed by and construed in accordance with the laws of the Republic of South Africa. You and MAIÈ Retail consent to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising from these Terms.
Section 23: Headings
Headings used in these Terms are for convenience only and do not affect their interpretation.
Section 24: Changes to These Terms
We may update or replace these Terms from time to time by posting the revised version on our website; it is your responsibility to review them periodically. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continued use of the Services after changes are posted constitutes acceptance of those changes.
Section 25: Contact Information
MAIÈ Retail is operated by Cassidy Thackwray, a sole proprietor, trading as MAIÈ Retail.
Questions about these Terms of Service should be directed to:
- MAIÈ Retail info@maie.co.za 4 Okkerneut Street, Weltevreden Park, Roodepoort, 1709, South Africa (+27) 71 893 1473