1. Introduction

1.1. This website can be accessed at www.madilucent.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Madi Lucent (Proprietary) Limited (“Madi Lucent”, “we”, “us” and “our”).

1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4. The Website enables you to shop online for an extensive range of unique proudly South African leather products.

2. Important Notice

2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit the risk or liability of Madi Lucent or a third party; and/or
2.2.2. may create risk or liability for the user; and/or
2.2.3. may compel the user to indemnify Madi Lucent or a third party; and/or
2.2.4. serves as an acknowledgement, by the user, of a fact.

2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Madi Lucent to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Madi Lucent in terms of the CPA.

2.6. Madi Lucent permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3. Returns
Madi Lucent prides itself to ensure that our customers are happy with the Madi Lucent experience and the products purchased. In order to assist customers in the event a refund or exchange is initiated, the below terms and conditions will be applicable.

3.1. You can return an item for a refund within 7 days from the date of purchase. A refund will be processed given the item is returned in the ORIGINAL condition (including an attached priced tag) and packaging. The below requirements are also to be met:
3.1.1 The product must be undamaged
3.1.2 The product must be unwashed
3.1.3 The product must be unworn
3.1.4 The product must have been purchased directly from Madi Lucent.

Please note the following:

• The cost of shipping for returned items will be for the customer’s account.
• Free gifts, sale or promotional items are not returnable.

You can exchange an item within 7 days from the date of purchase given the product meets the requirements above from section 3.1.

3.2. Once your return is received and inspected, an email will be sent to notify you that we have received your returned product. We will also notify you of the approval or rejection of your refund.

3.2.1 If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment, or we will process a refund to your bank account within 10 working days.

4. Payment

4.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

4.2. Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –

4.2.1. debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

4.2.2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

4.2.3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. Madi Lucent will not accept your order if payment has not been received;

4.2.4. Instant EFT;

4.2.5. cash on delivery: by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.

4.2.6. Any of the payment options made available on the Madi Lucent website.

4.3. You may contact us via info@madilucent.com to obtain a full record of your payment. We will also send you email communications about your order and payment.

4.4. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

5. Delivery of goods

5.1. Madi Lucent offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
5.1.1. courier; or
5.1.2. self-collection.
5.2. Where it accepts your order, Madi Lucent will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 2 (two) business days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
5.3. Madi Lucent’s 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. Madi Lucent is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

6. Errors

6.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid.
6.2. Madi Lucent shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

7. Privacy policy

7.1. We respect your privacy and will take all reasonable measures to protect it.

8. Changes to these Terms and Conditions

8.1. Madi Lucent may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
8.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

9. Electronic communications

9.1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically.

10. Ownership and copyright

10.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Madi Lucent, its advertisers and/or sponsors and/or is licensed to Madi Lucent.
10.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
10.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via info@madilucent.com
10.4. Where any of the Website Content has been licensed to Madi Lucent or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

11. Disclaimer

11.1. 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.

11.2. Whilst Madi Lucent takes reasonable measures to ensure that the content of the Website is accurate and complete, Madi Lucent makes no representations or warranties, whether expressed 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. If any such representations or warranties are made by Madi Lucent’s representatives, Madi Lucent shall not be bound thereby.

11.3. Madi Lucent 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.

11.4. 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 expressed 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.

11.5. Any views or statements made or expressed on the Website are not necessarily the views of Madi Lucent, its directors, employees and/or agents.

11.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Madi Lucent also makes no warranty or representation, whether expressed 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, jeopardise, 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 Madi Lucent, its employees, agents or authorised representatives. Madi Lucent 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.

12. Linking to third party websites

12.1. 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 Madi Lucent is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

12.2. 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.

13. Limitation of liability

13.1. Madi Lucent 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 wilful misconduct of Madi Lucent, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of info@madilucent.com.

13.2. Madi Lucent SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

13.3. YOU HEREBY INDEMNIFY Madi Lucent 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.

14. Availability and termination

14.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

14.2. Madi Lucent may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Madi Lucent will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

14.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

14.4. At any time, you can choose to stop using the Website, with or without notice to Madi Lucent.

15. Governing law and jurisdiction

15.1. 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.

15.2. In the event of any dispute arising between you and Madi Lucent, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

16. Notices

16.1. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our info@madilucent.com or you can direct message us via the official Madi Lucent social media accounts.

17. General

17.1. Madi Lucent may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

17.2.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

17.2.2. Any failure on the part of you or Madi Lucent to enforce any right in terms hereof shall not constitute a waiver of that right.

17.2.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

17.2.4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties here to.

17.2.5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

17.2.6. These Terms and Conditions contain the whole agreement between you and Madi Lucent and no other warranty or undertaking is valid, unless contained in this document between the parties.