Terms of service

  1. INTRODUCTION
    • This document sets out the terms and conditions ("Terms") implemented by Ryclan International (Pty) Ltd with registration number 2020 / 112002 / 07 ("Shoreline” or “we” or “us”) t/a “Shoreline”, as pertaining to the access and use of the information, products, services and functions provided on SHORELINE-ZA.COM ("Website").
    • Shoreline offers the Website to you (“you” or “the user”), which includes all information, tools and services which may be available from the Website, in which instance by visiting the Website and/or purchasing anything from Shoreline, you agree to be bound by the Terms contained herein.
    • Should you disagree with any of these Terms or the policies incorporated therein, you must refrain from accessing the Website and/or using our services.
    • Shoreline reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the T Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Shoreline from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
    • In the event of an amendment to these Terms relating to your personal information, we will give you prior notice where we have collected personal information, the purpose for which we have collected that information and how it is affected by the intended amendment. The regulation of personal information is set out in the “Privacy Policy”, which is incorporated into these Terms by way of reference and a copy thereof can be found on the Website.
  2. SHORELINE’s COMPLIANCE WITH SECTION 43 OF ECTA

 

In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002, (“ECTA”), Shoreline’s details are as follows:

 

Full name: Ryclan International (Pty) Ltd

Trading as: Shoreline

Registration number: 2020/112002/07

Physical address: 27 Buckingham Road, Kloof, Durban, South Africa, 3610

Fax number: -

Telephone number: 082 656 4890

Website address: www.shoreline-za.com 

E-mail address: ashleigh@kuumba-za.com

Names of office bearers: Ashleigh Burnand

  1. THE GOODS
    • Shoreline provides a range of products on the Website for sale, which includes but is not limited to beach accessories, towels, coolerbags, sarongs, cover-ups, boardshorts, home décor items, woven baskets, woven placemats, hair accessories and/or stationary items, (“the Goods”).
    • Shoreline shall display the purchase price of Goods on the Website; however Shoreline reserves the right to change such displayed prices without notice.
    • All prices quoted and/or displayed on the website will include the relevant sales tax payable in terms of South African legislation. In the event of the Goods being purchased and/or shipped to a country abroad, you will be liable for all import and export duties, shipping fees and local tax amounts payable.
    • 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, or otherwise as set out in our Returns Policy. 
    • Shoreline has reasonably endeavoured to ensure that the display of Goods on the Website is as accurate as possible as relating to the images and colour of Goods. However, we cannot guarantee that your computer monitor’s display of any colour or image will be accurate.
    • Shoreline reserves the right to discontinue the sale of certain Goods or category of Goods based upon its inherent business and/or operational needs, without providing notice to you.
    • Shoreline reserves the right to limit the number of Goods purchased, based upon its business requirements. In the event of the a limitation in the number Goods that you may purchase, which may include but is not limited to instances of a sale, you will be clearly notified and/or brought to your attention that such Goods are limited per customer.
    • Information and procedures relating to Returns of Goods are set out in the “Returns Policy” which is incorporated into these Terms by way of reference and a copy thereof can be found on the Website.
  2. PAYMENT AND OWNERSHIP
    • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    • You are required, upon confirmation of your order to ensure that payment for the Goods is made immediately by following the instructions provided to you by Shoreline’s safe and secure intermediary payment portal and/or agents.
    • Shoreline shall not process your order and/or Goods until such time as payment has been made, without which your order is not confirmed and therefore not agreed to between yourself and us.
    • Upon receipt of payment, Shoreline shall have the Goods delivered to you, as set out below in clause 5 “Delivery”, and upon receipt of such Goods ownership shall pass to you.
  3. DELIVERY
    • Should you wish to have the Goods delivered, Shoreline makes use of a third party courier service, of which the costs of such delivery will be paid by upon acceptance of your order.
    • Shoreline reserves the right, at its sole discretion to waive any such delivery fees. In the event of such waiver, you will be notified thereof and/or it shall be clearly brought to your attention.
    • We shall ensure that your product gets to you as soon as possible, but in any event not later than 30 (thirty) days after acceptance of your order.
    • In the event of Shoreline making use of any third party courier services and/or agents, such third party shall provide the necessary information to track your order, if such information is available. Shoreline is further absolved from liability once the Goods have been provided to such courier services and/or agent.
    • Delivery, and therefore ownership, is deemed to have passed to you once the Goods are delivered to the physical address nominated by you for delivery of the order. Shoreline is not responsible for any loss or unauthorised use of a product, after the Goods have been delivered to the physical address nominated by you.
  4. LINKED THIRD PARTY WEBSITE AND THIRD pARTY cONTENT
    • Shoreline may provide links to third party websites on the Website. These links are provided to you for convenience purposes Shoreline does not endorse, nor does the inclusion of any link imply Shoreline’s endorsement of, such websites, their owners, licensees or administrators or such websites' content or security practices and operations.
    • While Shoreline tries to provide links only to reputable websites or online partners, Shoreline cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Shoreline is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
    • You agree, by use of the Website, that Shoreline shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
  5. USAGE RESTRICTIONS PERTAINING TO THE WEBSITE

The User hereby agrees that it shall not itself, nor through a third party:

  • copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
  • decompile, disassemble or reverse engineer any portion of the Website;
  • write and/or develop any derivative of the Website or any other software program based on the Website;
  • modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Shoreline ;
  • without Shoreline’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
  • remove any identification, trademark, copyright or other notices from the Website;
  • post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
  • notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
  1. SECURITY

 

  • In order to ensure the security and reliable operation of the Website to all Users, Shoreline hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
  • You may not utilise the Website in any manner which may compromise the security of Shoreline’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Shoreline suffer any damage or loss, civil damages shall be claimed by Shoreline against the user.
  • Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Shoreline and its affiliates, agents and/or partners.
  1. RISK, LIMITATION OF LIABILITY AND INDEMNITY
    • Your use of this Website and the information contained on the Website is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof, in as far is allowed in the law.
    • The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and The User bears all risk of transmitting information in this manner. Under no circumstances shall Shoreline be liable for any loss, harm, or damage suffered by the user as a result thereof. Shoreline reserves the right to request independent verification of any information transmitted via e-mail and the User consents to such verification should Shoreline deem it necessary.
    • To the extent permissible by law:
      • Neither Shoreline, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Shoreline knows or should reasonably have known or is expressly advised thereof.
      • The liability of Shoreline for faulty execution of the Website as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to Shoreline rectifying the malfunction, within a reasonable time and free of charge, provided that Shoreline is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the User attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of Shoreline. However in no event shall Shoreline be liable to the User for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
      • You hereby unconditionally and irrevocably indemnify Shoreline and agree to hold Shoreline free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Shoreline or instituted against Shoreline as a direct or indirect result of:
        • your use of the Website;
        • software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Shoreline;
        • your failure to comply with any of the terms or any other requirements which Shoreline may impose from time to time;
        • the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
        • any unavailability of, or interruption in, the service which is beyond the control of
      • Shoreline makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against Shoreline for any loss suffered by you, as a result of information supplied by Shoreline being, among other things incorrect, incomplete or inaccurate.
  1. BREACH OF CANCELLATION BY SHORELINE

 

  • Shoreline is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Shoreline's right to claim damages, should any user:
    • breach any of these Terms;
    • in the sole discretion of Shoreline, use the Website in an unauthorised manner; or
    • infringe any statute, regulation, ordinance or la

 

  • Breach of these Terms entitles Shoreline to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Shoreline on an attorney and own client scale.
  1. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa.

  1. GENERAL TERMS AND CONDITIONS
    • This Website is controlled, operated and administered by Shoreline from its offices and/or the offices of its third party service provider, which are situated within the Republic of South Africa.
    • Shoreline makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local la
    • Shoreline does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our contro
    • If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the la
    • Shoreline’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breac
    • You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of
    • No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or
    • The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relat
    • Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
    • These Terms set forth the entire understanding and agreement between Shoreline and you with respect to the subject matter hereo