TERMS OF USE

These are our terms and conditions. Rhythm & Flow reserves the right to change any of these terms at any time by updating this webpage.


GENERAL TERMS

Orders are processed Monday to Friday (excluding public holidays).
Please allow a maximum 3 working days for your order to be delivered from the date of payment receipt.
Please note that payment of ‘Direct EFT’ should reflect in the bank account of Rhythm & Flow before any orders are shipped. If payment does not reflect within 4 working days, the order will be cancelled.


TERMS OF USE

When visiting www.rhythmandflow.co.za you agree to the following terms of use:

  1. You agree to the terms on the basis that you have the capacity to visit this website.
  2. You agree to use this website at your own risk and without Rhythm & Flow providing any warrantees.
  3. You indemnify Rhythm & Flow against any liability related to your use of this website.
  4. You promise to provide Rhythm & Flow with accurate personal, delivery and payment information.
  5. Rhythm & Flow and/or our third-party licensors own all rights to this website.
  6. All Rhythm & Flow trademarks and copyright are our property and you may not use them with or without our permission. All other trademarks are their respective owners’ property.
  7. You may not change, hire out, reverse engineer or copy this website without our permission.
  8. Rhythm & Flow will not be held responsible for any direct or indirect damages related to this website.

TERMS OF SALE

These terms cover any transactions where we, Rhythm & Flow (the vendor), provide goods to you (the customer) through this website. When you place an order through www.rhythmandflow.co.za you agree to the following terms of sale:

  1. You place orders with us on the following basis:
  • You agree that you have the legal capacity to enter into the transaction.
  • Rhythm & Flow conclude an agreement once our goods are dispatched to you.
  • Rhythm & Flow conclude an agreement where you are domiciled.
  • Rhythm & Flow reserves the right to cancel any order, but agree to refund any money paid to us if we do.
  • Each order is a separate agreement; however, you breech all agreements if you breech one.
  1. Rhythm & Flow sell goods to you on the following basis:
  • You will bear the full cost of your order.
  • Rhythm & Flow will choose the method of packaging and delivery of the goods unless agreed otherwise.
  • Rhythm & Flow will do our best to dispatch goods as soon as possible; however, we are not liable, and you may not cancel your order, if we fail to do so timeously.
  • Risks related to the goods pass to you on delivery.
  • Ownership of the goods passes to you upon payment of all fees in full.
  • You have the same rights against Rhythm & Flow, as we have against our suppliers in terms of any warrantee attached to the goods or imposed by law.
  1. You own all your data. When entering your data into the system, you give Rhythm & Flow the license to use it to provide the goods. Rhythm & Flow are not responsible for any of your data stored on our system.
  2. Rhythm & Flow own the intellectual property rights to our goods and you may not use those rights without our permission. Rhythm & Flow may prosecute you for any violations of our proprietary rights.
  3. Rhythm & Flow disclaim all warranties to the extent allowed by applicable law and are not liable for any defect/s that you may cause.
  4. You will pay Rhythm & Flow all fees on the due date and may not withhold payment of any amount due to us for any reason.
  5. Rhythm & Flow are only liable for any direct damages that the goods may cause you up to the total amount paid to us for those goods.
  6. Rhythm & Flow are not liable for any other losses or indirect damages that the goods may cause you.
  7. Rhythm & Flow have certain rights against you in terms of the law if you breech your obligations under this agreement.
  8. Rhythm & Flow may need to terminate this agreement under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, are forced to terminate to comply with the law or find that providing the goods becomes impractical. If terminated, Rhythm & Flow will provide you with as much notice, as possible, in writing.
  9. Rhythm & Flow want to avoid disputes about this agreement and aim to resolve any disputes as quickly as possible. If a dispute arises, either party may inform the other of it in writing. Parties must first try to negotiate to end the dispute, then enter mediation if negotiation fails and finally, go into arbitration if mediation fails.
  10. All communication and notices between parties will be sent to each other’s email addresses and each party choose their respective street address as their service address for all legal documents. Addresses may be changed by either party, after 14 calendar days, following a written notice to the other party.
  11. Force majeure: Issues may arise that prevent you or Rhythm & Flow from complying with each of our obligations under this agreement. Neither party is held responsible for breach of this agreement caused by circumstances beyond its control; however, the other party may cancel the agreement on written notice to the other if circumstances persist for more than 30 calendar days.
  12. This agreement is the entire agreement between the parties on the subject. South African law governs this agreement and you consent to the jurisdiction of the Magistrate’s Court.
  13. If Rhythm & Flow change the terms of this agreement by updating the webpage, any changes will only apply to future orders

Should you have any queries regarding the various terms and conditions, please do not hesitate to contact us.