ONLINE STORE AND WEBSITE TERMS AND CONDITIONS

These Terms of Service (“Terms”) are effective as of : 28 April 2021 “Effective Date”

  1. Use of this website
    1. The content of this website is owned by CHINA MART.
    2. Access to and use of this website is subject to these Terms and Conditions (as may be amended) and all applicable laws.
    3. You may only make use of this website to browse the content and view and purchase products.
    4. Your continued use of this website shall constitute acceptance of the Terms and Conditions.
  2. Content
    1. CHINA MART make no representations or warranties of any kind, express or implied, as to the operation of this website, unless specified herein or on the website. You agree that you use this website at your own risk.
    2. CHINA MART make no representations or warranties about the suitability or correctness of the content. Accordingly, you agree that you will not hold CHINA MART liable for any claim of whatsoever nature, including lawsuits, legal proceedings, damage, costs, interest, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime, arising out of or relating to your use of this website.
  3. Privacy Policy
    1. CHINA MART is committed to protecting your personal information. Your personal information refers to any information that can be used to identify you as an individual, and includes your name, identity number, contact details and bank account information.
    2. By giving CHINA MART your personal information, you consent to the use of it in order for CHINA MART to monitor their services provided to you, to improve those services and personalize your use of their services. CHINA MART may also use such information to inform you about changes in the services that they offer and/or about features they may think you would find of interest.
    3. CHINA MART may keep records of any visits to the website and may use or publish such communications for any lawful purpose.
    4. If you have provided CHINA MART with your credit card details, CHINA MART will use all its reasonable steps to prevent the unauthorized access and use of such information.
    5. Your credit card details will not be disclosed to any third parties, unless obligated to do so for any lawful purpose.
    6. Please note that you will require the “cookies” on your browser to be enabled in order to use these services and for the website to function correctly.
  4. Agreement of Sale
    1. An agreement of an online sale will only come into effect once you have electronically submitted a correctly completed order, for one or more products, and payment is either authorized or received by CHINA MART and reflects in the store bank account.
  5. Changes to the Website and/ or the Terms
    1. CHINA MART reserves the right, without notice and in their sole and absolute discretion, to make changes to the website and/ or terms It is your responsibility to review these terms on each occasion prior to making use of CHINA MART services. If you continue to use this systems and services after the amended terms has been published, it shall constitute an acceptance of the amended terms of use.
  6. Governing law and jurisdiction
    1. This Website is hosted, controlled and operated within the Republic of South Africa, and is therefore governed by South African laws.
  7. Security
    1. Any person that delivers or attempts to delivers or attempts to deliver any damaging code to the website, or attempts to gain unauthorized access to any page on the website shall be prosecuted and damages shall be claimed in the event that CHINA MART suffers any damage or loss as a result of such conduct.
    2. You agree and warrant that your log-in name and password shall be used for your personal use only and never be disclosed to any third party. Any losses incurred due to transactions occurring by anyone using your log-in details shall be your responsibility in any way arising from such conduct.
  8. Domicilium
    1. China Mart chooses domicilium citandi et executandi for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address 2 Acaciafield Close, Umgeni Business Park, Durban
  9. Disclaimer
    1. China Mart are in no way responsible or liable for any loss, liability, damage or expense of any nature whatsoever, which may be suffered as a result of, or which may be attributable, directly or indirectly, to the use of, or reliance upon any information, links or service provided through the website, or any actions and/ or liability for consequential or incidental damages.
    2. China Mart will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, storage or delivery of information, resulting from whatsoever cause.
    3. All information appearing on the website is provided without any representations or warranties whatsoever, whether express or implied.
    4. The information contained on the website provides general information on particular subjects and is not an exhaustive treatment of such subjects.
    5. Prices, specials and promotions displayed on the website that are exclusive to the website will be marked as such and do not apply in-store unless stipulated. Specific in-store prices, specials and promotions do not always apply to this website unless stipulated. Images are for illustrative purposes only.
  10. Return Policy
    1. China Mart will refund or exchange most goods if you return them within 14 days of purchase. However, the goods must still be in their original condition and packaging, and you not have used them at all i.e the security seal or shrink wrap is intact (if applicable) and unused .We will exchange or refund products provided there is a valid proof of purchase.
    2. Certain items excluded from the 14 day exchange or refund policy;
      1. For hygienic purposes, China Mart will not allow returns on, including, but not limited to, any jewellery, earrings, cosmetics, underwear, toys.
      2. In the event of China Mart agreeing to accept returned goods, a 20% handling fee may be levied.
      3. Goods which are sold as “clearance sale items”, damaged, defective, used, or repaired, where we disclosed these facts before you bought the goods cannot be returned.
      4. Any goods that are defective are to be returned within 7 days of delivery. please note that it may not be possible to determine in-store whether goods have been damaged or what the cause of a failure or defect may be. This is of importance as it determines whether the goods may be repaired, replaced or refunded. Accordingly we reserve the right to refer returned goods for technical assessment by the manufacturer or authorized service centre prior to repairing, replacing or refunding and to provide you with feedback within 14 days of the receipt of the returned goods and to act accordingly.
      5. Repair, replacement or a refund will only apply to defects in the process of manufacturing the goods and will not apply in instances, including, but not limited to, the following instances:
        1. Damage caused by external factors but not limited to lightning, power surges, fire or water damage;
        2. Damage caused by misuse or abuse to the goods;
        3. Goods used for a purpose other than the purpose for which they were manufactured;
        4. 1Goods used contrary to their instruction manuals;
        5. Accidental damage.
  11. Refunds
    1. Should it be necessary for you to receive a refund, the refund will be in the same manner in which you paid China Mart, once we have accepted a return and approved a refund, you will receive the refund in one of the following ways:
      1. Electronic transfer directly into your account (allow at least 10 working days from date of receipt of the returned items, alternatively from date of a refund being approved)
      2. Cash (if the original payment was made in cash)
      3. Credit card by reversal back to your credit/debit card and subject to banking delays.
  12. Availability of Stock
    1. CHINA MART makes every effort to ensure that the information displayed on our website is up to date and accurate at all times. However, should an ordered item be out of stock, or any other delay in delivery will occur, every effort will be made to contact and inform you of same and, if necessary, make alternative arrangements, including a refund of the amount paid in respect of the item.
  13. Payment Options
    1. You may make payment of your order chargers, as well as the delivery fees (as applicable) online by providing CHINA MART with your credit/debit card details.
    2. Kindly note that CHINA MART accepts the following payments methods: Visa; Visa Debit; MasterCard and MasterCard Debit
    3. If CHINA MART are unable to successfully process your credit or debit card payment for your order or do not receive an EFT payment of the full amount in time, your order may be cancelled. Every effort will be made to notify you before the order is cancelled.
    4. You authorize CHINA MART to debit the amount that is payable for an accepted order from your nominated credit/debit card to pay for the charges and fees (as applicable).
    5. You will be provided a receipt/invoice at time of delivery or collection (as applicable) which specifies the total fees and charges for the products in the order.
  14. Cancellations of/changes to this Policy
    1. CHINA MART reserves the right to cancel or alter any of the above ter, at its sole discretion, from time to time.
    2. It is your responsibility to frequent yourself with our policies on each occasion prior to making use of our service.