Welcome to the Colour Brands website at www.colourbrands.co.za . The website is owned by Colours Brands (Pty) Ltd. Colour Brands provides the information contained on this website and the pages comprising the website and advertises and sells the products to you, subject to these Terms and Conditions. Please read these Website Terms carefully and should you have enquiries, please email, firstname.lastname@example.org
These website terms and conditions (“Website Terms”) apply to your use of the Colour Brands website at www.colourbrands.co.za (the “Website”). You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference.
By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you are not in agreement with the Website Terms, please discontinue usage of this site.
Colour Brands reserves the right to amend, update or replace these Website Terms at any time, without notice to you, to reflect the current range of products and policies. You should regularly check these Website Terms before using the Website to keep informed of any changes to the Website Terms.
Usage by users outside South Africa
This Website is intended to provide information to South African consumers in compliance with the laws of the Republic of South Africa. Colour Brands reserves the right to limit or refuse the supply of products to any person resident in any jurisdiction outside South Africa.
If a product is prohibited in any jurisdiction, we will not be obliged to offer that product in that jurisdiction.
Accuracy of Content of the Website
Colour Brands has taken all reasonable steps to ensure that each product described or depicted on this Website and any other information (such as pricing) displayed on the Website is current, complete and accurate. However content errors may occur. For this reason and if the law allows it, the information displayed on our Website is provided without any guarantees, conditions or warranty as to its accuracy.
Some descriptions or photographs of products and packaging may be of a generic nature and not specific to the particular product you wish to buy. If you are uncertain about information on a product advertised on this Website, please send an email to email@example.com and we will gladly assist you.
As an unregistered user you will be able to browse the products displayed on the Website. If you do not have a username and password you will be required to register on the Website. Registration requires filling in a short form which will create login details.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Colour Brands shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Accuracy of content
To the extent permitted by applicable law, Colour Brands disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Colour Brands.
Your Personal Information
The Website Terms supplement (and are in addition to) the terms of our Online Privacy Notice. Our Privacy Notice explains what personal information we collect about you when you use the Website, and you can view our Privacy Notice online by clicking here. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy Notice in its entirety.
We will take all reasonable efforts to ensure that prices reflected on the Website are accurate. Prices are quoted in South African Rand and including Value-Added Tax (VAT). Special promotions may be limited to separate offer conditions and stipulations.
Products displayed on this Website are subject to availability.
You may submit your own personal comments, videos, photos and testimonials regarding your usage of the products as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties or otherwise objectionable and does not consist of or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not submit a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
Colour Brands reserves the right to monitor or review all communications and materials created and transmitted or submitted by users accessing this Website.
While Colour Brands welcomes your submissions, it is not obliged to upload your content on to the Website. Any such decision is within the sole and absolute discretion of Colour Brands.
By making a submission, you expressly provide consent to Colour Brands to use your personal information and to upload your submission if it so decides in accordance with clause 11 below. In the event that you do not wish for your submission to be shared, you must notify us accordingly.
Colour Brands will not be liable in any way whatsoever for the content of any communications posted by you.
Rights to User Submissions
You hereby grant Colour Brands the right to use the name that you submit in connection with such content. You represent and warrant:
that the content is true and accurate;
that you own or otherwise control the rights to your Submission;
that use of the content you supply does not violate these Website Terms;
that it does not infringe any third party’s intellectual property and will not cause injury to any person or entity; and that your Submission does not constitute or contain software viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.”
You hereby agree, to the extent permissible in terms of applicable law, to fully indemnify Colour Brands for all claims arising from or in connection with your breach of any of the above warranties relating to your Submissions. Colour Brands takes no responsibility and assumes no liability for any content posted by you or any third party.
Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002
Full name: Colour Brands (Pty) Ltd
Website address: www.colourbrands.co.za
Email address: firstname.lastname@example.org
Country of incorporation: South Africa
Copyright and Intellectual Property Rights
Copyright and all intellectual property rights in all materials, texts, drawings, graphics, logos, icons and any data made available on this Website (collectively “the Materials”) are owned by Colur Brands or its content suppliers and thereof protected by both South African intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such Material or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
You may only use the Materials or any component thereof for your information purposes or for the purposes of ordering products from Colour Brands. The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on this Website are registered trademarks of Colour Brands. Nothing contained on this Website should be construed as granting any licence or right to use any Trademark without the prior written permission of Colour Brands.
Links to other websites
External links are provided for your convenience, but they are beyond the control of Colour Brands and no representation is made by Colour Brands as to their content, source or any risks that may incur through linking to other websites. Use or reliance on any external links provided is at your own risk and we accept no liability in respect of such use. When visiting external links you must refer to the external terms and conditions of use.
You may not link to this Website, in any manner, or frame any content of this Website in any other manner or otherwise use the content without the express prior written permission of Colour Brands
Use of Website
Only you and Colour Brands shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms.
We may in our sole discretion at any time suspend or terminate the operation of the Website without prior notice to you and without the need to give you reasons for such termination.
Colour Brands shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.
By accessing and using this Website, you warrant and represent to Colour Brands that you are legally entitled to do so to purchase any of the products offered for sale via the Website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction.
Colour Brands shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Website Terms.
All provisions of these Website Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Website Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be excluded from the agreement between us and the remaining provisions of these Website Terms shall remain in full force and effect.
Should Colour Brands be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Colour Brands is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that such event continues for more than 14 days after it has first occurred then Colour Brands shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these Website Terms by giving notice to you.
An event outside the control of Colour Brands shall mean any event or circumstance whatsoever which is not within the reasonable control of Colour Brands including, but not limited to, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
Disclaimers and Limitation of Liability
Use of this Website is entirely at your risk. Neither Colour Brands nor its directors shall be responsible for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any information contained on or via the Website and/or your use of the products.
Neither Colour Brands nor its directors shall be liable for any failure and/or unavailability of the Website for any reason whatsoever and/or the failure/delay by any third-party service provider to render any services which are necessary to ensure the availability of the Website.
You hereby indemnify Colour Brands, or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.
Notwithstanding anything to the contrary contained herein, Colour Brands shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the Website and/or your use of the products.
Colour Brands (Pty) Ltd
Updated May 2023