- This website is www.colouractive.co.za and is owned and operated by Colouractive.
- By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website Terms and Conditions govern the entire ordering, sale, delivery exchange of goods and the use of the Website.
- Colouractive provides this Site and related services subject to terms and conditions of use. By accessing, browsing or using this Site you agree to follow and be bound by these Site Terms and Conditions and all applicable law. By visiting and/or purchasing from our site you agree to accept the terms stipulated. The goods for sale on colouractive.co.za may be different from the goods on hand. The price for the same goods on hand versus the price on the website might differ.
- Colouractive permits the use of this Website subject to the Terms and Conditions. By using this Website you shall be deemed to have accepted all the Terms and Conditions unconditionally.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- Only registered users may order Goods on the Website.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein.
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- "Goods" means those products made available by Colouractive that you wish to purchase, as indicated in Your Order.
- Sales and availability of stock
- Registered users may place orders which Colouractive may accept or reject. Whether or not Colouractive accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by Colouractive for the Goods.
Colouractive will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Colouractive be complete. This is regardless of any communication from Colouractive that your order or payment has been confirmed. Colouractive will indicate the rejection of your order by canceling it and, as soon as possible thereafter, make an exchange of goods for any amount already paid.
- Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Colouractive liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale Colouractive will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, will Colouractive notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Colouractive offers Payfast as a secure online payment. Payment can also be made for Goods via -
credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment;
direct bank deposit or electronic funds transfer
Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of Goods
Colouractive offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
- courier; or
- self-collection from our store room.
- Where it accepts your order Colouractive will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment. We will notify you if we are unable to deliver the Goods during the Delivery Period.
- Colouractive obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website.
Gift Vouchers & Coupons
- Colouractive may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of our Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst Colouractive takes reasonable measures to ensure that the content of the Website is accurate and complete, Colouractive makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
- Colouractive disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Colouractive also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of, Colouractive its employees, agents or authorised representatives. Colouractive thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Linking to third party websites
- This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and is Colouractive not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
- Limitation of liability
- Colouractive cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Colouractive, its employees, agents or authorized representatives.
- YOU HEREBY INDEMNIFY Colouractive AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Governing law and jurisdiction
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.