Terms of service

WHO IS MAKOYE.CO.ZA?
Makoye.co.za is the trading name of Makoye Group Limited. Makoye Gift’s registered address is Shop 0019 Van Erkom Building, 217 Pretorius Street, Pretoria 0002. The Makoye.co.za website is wholly owned and operated by Makoye Group Limited. By placing an order with ‘Makoye Gift, either directly yourself on the www.Makoye.co.za website (“the website”) or through one of our customer services team over the telephone, you are agreeing to the following terms and conditions. Please note, if you have agreed to our business terms, you have additionally agreed to our business terms and conditions
 
CHANGES TO YOUR ORDER
If you wish to amend or cancel your order, please call us on 012 881 4532 or email us at info@makoye.co.za. Please note that any changes to your order (delivery address, gift message, additional items) must be made by 9am the day before delivery, or by 9am on Saturday for Monday delivery, to ensure that we have time to amend the order prior to dispatch.

Although we will endeavour to make amendment requests that we receive after these times, we cannot guarantee we shall be able to make the changes. Orders placed or cancelled after our offices have closed on Saturday or on Sundays or Public Holidays will be treated as having been received on the following working day. Any orders placed for next day delivery in Pretoria after our offices have closed at 4pm cannot be amended once they are in ‘processing’.

Please also see sections 18, 19 and 20 below with specific policies regarding changes to Valentine’s Day, Mother’s Day and orders over the Christmas period. Please note that, once your order is in ‘processing’, cancellation of your order is possible only in exceptional circumstances and is entirely at our discretion.

DELIVERY

1. ADDRESSES – Under normal circumstances, we will try to ensure that your order is delivered to the recipient’s address you provide. However, there are times when this is not possible due to problems with the address information that our customers provide or due to problems our drivers encounter when attempting to deliver the order. It is therefore very important that you ensure that the recipient address you provide is accurate, in particular the postcode, and that you give additional instructions to assist our drivers to locate difficult-to-find addresses. It is also very important that you keep us informed if you find that the recipient’s address or availability changes prior to the order being delivered. Deliveries cannot be made to PO Box addresses nor to FREEPOST addresses. We are also, unfortunately, not able to deliver to Military Bases. Please note that our main website is appropriate for delivery to mainland South Africa only. The email that is sent on completion of the placing your order contains all the key information pertaining to your order. It is very important that you check this to ensure no errors have been made. If we are provided with an incorrect address and the flowers are sent out for delivery before the error is highlighted, you are not automatically entitled to a resend of a fresh bouquet. In the event the flowers are irretrievable, we may, at our discretion, arrange for another bouquet to be sent out, subject to the details of the specific situation.
2. DELIVERIES TO HOSPITALS – Deliveries to hospitals can be problematic because patients often move from ward to ward, or are discharged. This means that we are sometimes unable to deliver orders for customers at a very emotional time. However, many of these problems can be avoided by ensuring that we have accurate and up-to-date information about the ward that the recipient is in. It is particularly important that you provide the full name of the recipient of the order as there can be several patients with the same name in the same hospital. This can lead to errors in the delivery that are beyond our control. Most hospitals do not allow drivers to take flowers directly towards because of health and safety regulations and in such cases our flowers will be delivered to reception or post rooms. Some wards in hospitals do not allow flowers to be kept by patients. You should therefore check that the ward to which you wish to send flowers allows patients to have flowers on the ward. If flowers are not accepted in the ward, we shall not be able to refund the cost of the bouquet. Some hospital post rooms have a policy of refusing to accept flowers for either patients or members of staff; it is important to check that the hospital is prepared to accept flowers. If the hospital will not accept the flowers, we will not be able to refund the cost of the bouquet.
3. DELIVERIES FOR SYMPATHY AND TO FUNERAL DIRECTORS – It is very important if flowers are for sympathy that you tick the box on the checkout to let us know this. This will allow us to take extra care with the order and potentially vary how we process your order to absolutely ensure that it gets there.  If flowers are going to a funeral, we recommend that they be sent at least a day before the funeral to ensure that any delays do not prevent them getting to the funeral in good time. Also, if flowers are going to a funeral directors’, it is essential that the name of the deceased and the funeral director are both included. If they are not, the funeral director may not accept the flowers. If flowers are not accepted, we will not be able to refund the cost of the bouquet. Please note that we are not able to contact the funeral directors on your behalf to ascertain the times of services.
4. RECEIPT OF DELIVERIES – Flowers sent to hospitals, military bases and business addresses will be delivered to a main reception or mailing room prior to internal distribution; the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
5. FAILURE TO DELIVER – As we appreciate that receiving flowers is often time-critical, if we are unable to deliver your order to the recipient’s address, we will attempt to leave in a secure place on the recipient’s property. Where this is not possible, we will attempt to leave the flowers with a neighbour. If this is not acceptable, please ensure that you tell us when you place your order. If we are unable to deliver the order, we will attempt to contact you via telephone or email as soon as we know of the failed delivery. For this reason, it is very important that you provide up to date contact information. It is also very helpful if you provide us with the telephone number of the recipient as this often makes it easier to resolve delivery problems when the recipient is not at home at the time of delivery. However, it is not always possible for us to alert either the recipient or the customer by telephone of our failure to deliver. In the event that we are unable to deliver the order to a recipient’s address that you have provided, we will attempt delivery either that same day or the following day.  We are not responsible for any other costs incurred by the customer due to failed deliveries. For deliveries made by our distribution partners, their policy is to leave a card if no one is in. They may attempt redelivery later in the day but do not guarantee that they will. If they do not attempt redelivery on the same day, they will attempt redelivery the next day. We are able to track their progress using our system, and as soon as they have marked it as delivered, we will send a confirmation email. If there are issues with the delivery, we should be alerted by the system and will attempt to proactively deal with the issues. It is not always possible to contact drivers due to health and safety considerations relating to driving and talking on the telephone, so please be patient. Signatures are not required on delivery by drivers. It is therefore very important that you let us know if you are happy for the driver to leave your parcel on the porch or with a neighbour etc. However, it is not always possible or advisable to follow the instructions and the decision is left to the discretion of the driver.
6. TIMING OF STANDARD ALL DAY DELIVERIES – We undertake to deliver between 8am and 4pm within South Africa; however, if we miss this delivery time but still deliver the flowers, we will not make a full refund. Similar to clause 6 below, we will discuss with the customer what a reasonable discount might be in the given situation. By buying flowers from Makoye Gift you are not entering into a contract that guarantees delivery between the times cited above or all your money back, you are entering into a contract that guarantees delivery between those times or some of your money back.
7. TIMING OF STANDARD ALL DAY DELIVERIES DURING PEAK PERIODS – During extremely busy periods, such as Valentine’s Day and Mother’s Day, we reserve the right to extend our standard delivery window to delivery from 8am to 4pm in order to guarantee that all orders will be delivered on the day requested. However, if we miss this delivery time but still deliver the flowers, we will not make a full refund. Similar to clause 6 below, we will discuss with the customer what a reasonable discount might be in the given situation. By buying flowers from Makoye Gift Ltd you are not entering into a contract that guarantees delivery between the times cited above or all your money back, you are entering into a contract that guarantees delivery between those times or some of your money back.
8. DELIVERY INSTRUCTIONS – On the first page of the checkout, we ask for delivery instructions. This information is for our drivers and couriers and is to express your wishes for us to follow if the recipient is either out or unable to answer the door when we attempt delivery. We will always do our best to follow your instructions word for word but this is not always possible e.g., if you have asked us to leave the flowers with a neighbour but the neighbours are also out, we may either leave it somewhere secure around the property or if this is not suitable, return the flowers to our base and reattempt the following working day. If we follow the delivery instructions and the item is subsequently stolen, the loss is the responsibility of the customer; it is, however, possible that we may not follow the delivery instructions if we believe there is a great chance of the order being stolen. If the delivery address is a business address, we need to have the company name and it is always appreciated if you could include what on floor or in which department the recipient works. Putting a phone number in the delivery instructions box does not mean we guarantee to contact the recipient to agree a delivery time as this is not possible for us to do and, when the order is being delivered by our courier partner, although we will ask you for a phone number for the recipient it is for our use and not the courier’s as they do not offer that option as part of their service.
9. FORCE MAJEURE – Neither we, nor any courier service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions – such as snow, flood, extreme winds – or fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or from any industrial dispute or strike.
10. DELIVERIES TO MULTIPLE ADDRESSES OR RECIPIENTS, OR MULTIPLE ORDERS TO THE SAME RECIPIENT WITH DIFFERING MESSAGES – If you would like to have orders sent to separate addresses, or several bouquets to the same address with either different recipients or different messages, please complete a separate order for each address or recipient or message. If applicable, a separate delivery charge will be made for each order.
11. STANDARD DELIVERY – Our Standard Delivery is offered Monday to Friday inclusive between 8am and 4pm; we do not deliver on Public Holidays. Saturday deliveries and morning deliveries incur an extra charge.

 
AVAILABILITY AND SUBSTITUTION

1. FLOWERS – All floral products are subject to availability. In the event of any supply difficulties or if the flowers we have received from our growers that are needed to make up your order do not meet our high-quality standards, we reserve the right to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality. Where this is necessary and when time allows, we will try to contact you via email. If we read the message and believe that the flower variety is key but the delivery is not time critical, we may move the delivery back a day to await the delivery of fresh flowers. If you wish to discuss the substitution we have made, please contact our customer services team on info@Makoyegift.co.za or 012 881 4532If we are unable to contact you via the contact methods provided prior to the time that we make up your order, we will assume that you accept our decision re substitution or delivery date move.
2. OTHER PRODUCTS – We offer additional high-quality products relevant to the gifting market (vases, chocolates, drinks, balloons and soft toys). We are not typically able to source these from our partner florists so these products are only available for sending with our own products (either with our own drivers or our courier partner). If you attempt to buy products with a delivery option where we cannot deliver our own flowers, the undeliverable products will be removed from your basket. All our products can be sent next day nationwide for orders placed up to 4pm. Very occasionally, we can be out of stock on a product that is still live on the website, though typically all the products on our site are in stock. If we are out of stock of one of our products and you try to purchase it, we will try to contact you to discuss either removing the product from your basket and refund you the cost, or substituting another product in the out-of-stock product’s place. If we are unable to contact you, we reserve the right to make the decision on your behalf (remove or substitute), on the basis of the situation as we see it (as per our policy set out in 3.1 above). Because we are a florist and only offer wines, spirits chocolates, balloons and toys as an additional service to our customers, we are not able to accept large orders for wines or spirits. We do not have suitable packaging for bulk orders of wines or spirits – only for flowers with the addition of one or two bottles. We therefore reserve the right to cancel and refund orders for large quantities of alcohol due to our packaging restrictions. Equally we do not always have the appropriate packaging for small orders placed without flowers and may not be able to deliver such small orders. There may be times when certain products are offered with a free item (i.e. a free vase with a bouquet of flowers). These items are subject to availability and so, should an occasion arise when they are omitted from an order, we reserve the right to offer an alternative at our discretion, or offer no replacement.

100% SATISFACTION GUARANTEE/DAMAGED FLOWERS AND REFUNDS
Although we do our best to ensure that this does not happen, on very rare occasions, flowers arrive at their destination damaged or fail to arrive due to an unforeseen delivery issue. If the recipient receives damaged flowers, please contact us immediately so that we can arrange one of the following:

• a re-send on the next available delivery date; or
• a partial refund (% refund depends on the specific circumstances of the issue).

Typically, we will not offer both a refund and a resend. Where flowers have been damaged, we will normally ask for them to be returned or for photographs clearly showing the problem so we can use them to determine what is going wrong with our system, and to claim compensation, if possible, from our courier (as appropriate). It is important that we are contacted as soon as possible regarding issues. We need to be informed of any issues within 3 days of the delivery to give us the best chance of successfully resolving the issue. We will, at our discretion consider issues raised after the 3-day deadline but reserve the right to refuse the options of refunding or resending the order. In the event that a small item, such as a balloon or vase, should arrive damaged or be missing, we shall be unable to resend that item nor refund its value.

If we believe that there has been an abuse of our 100% Satisfaction Guarantee/Damaged flowers policy or if there are persistent claims for refunds from the same individual or group of individuals, we reserve the right not to resend flowers and to refuse to take orders from customers. If we make such a decision, we will inform the customer of our decision in writing, via email or over the telephone. It is important to note that this guarantee does not confer the right to an automatic 100% refund, but only to a fair resolution.

SMALL ERRORS WITH ORDERS
From time to time, there are small human errors made (for instance, very occasionally a message card goes astray or a flower is forgotten). In such circumstances, we will do our best to make the situation right for the customer. If the customer believes that the delivered bouquet is substantially different from that described we reserve the right to request a photograph of the bouquet so we can judge the situation. We may, at our discretion, offer a partial refund or a discount on a future order, but do not guarantee that we will do so. We believe in being fair and this is the spirit in which we will approach such situations. We would not, for instance, give a 100% refund if a message card did not arrive, as the customer has received significant value in terms of the flowers nor would we give a full refund if some stems were missing, damaged or substituted; we would make what we would be considered by a reasonable person to be an appropriate compensation.

SHELF-LIFE OF FLOWERS
Our flowers are fresh, as they are purchased twice a week (Mondays and Fridays). They will normally last at least five days and most probably even longer, in the vase, although this varies by variety. It is important that the flowers are cared for correctly as putting them by heat sources or draughts, or failing to change the water, will kill them very quickly. We include instructions and flower food with all our cut flowers arrangements. If we are informed that our flowers have died very quickly, we may, at our sole discretion, choose to resend another bouquet if we believe that there was a genuine issue with the flowers. If flowers have not been properly cared for, we will not resend the flowers. In some circumstances, our flowers are so fresh that they are not even fully open when they arrive. This can be confused with poor quality flowers but, in fact, this shows how fresh our flowers are. The flowers will open quickly once they are in room temperature and will give pleasure for many days to come if cared for properly.

FRAUDULENT BEHAVIOUR
If we believe that an order may be fraudulent in nature, for whatever reason, we reserve the right to cancel the order and refund the funds. We are under no obligation to reveal why we believe the order to be fraudulent. We will co-operate with the police regarding any criminal investigations. We reserve the right to refuse to serve customers, block their IP address from accessing our website and any other blocking or fraud prevention measures we feel may be necessary to implement from time to time.


DUPLICATE ORDERS
If we notice that two identical bouquets have been ordered, we may remove one, refunding the cost, if we believe it to have been ordered by mistake. In such circumstances we will attempt to contact the customer but if it is urgent and they cannot be reached, we may make the call ourselves. You consent to our having the freedom to make this decision when you purchase through our website.
 
ABUSIVE BEHAVIOUR
We will not tolerate abusive behaviour in any way, shape or form. Whilst we endeavor to do our very best, and 99% of our orders go like clockwork, mistakes are sometimes made. Purchasing from Makoye Gift does not entitle individuals to treat our staff abusively. If anyone is abusive to our staff, we will terminate any dialogue. We will not resume dialogue unless it is in a non-abusive fashion and with the level of respect to which every human being, on either end of the telephone, has a right. We reserve the right not to deal with returning customers who have previously been abusive or offensive. We may block their account or take any other measures we wish to prevent them using our services in future.

ALCOHOL POLICY
We will refuse to sell alcohol to anyone we believe is under 18 years of age, or who we believe intends to supply alcohol to minors. If we believe a minor has used an adult’s payment method to purchase alcohol for themselves then we reserve the right to refuse to hand over the alcohol.

SPECIAL OFFERS AND PROMOTIONAL CODES
At our discretion from time to time, we may offer promotional codes or products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date. A special offer or promotional code cannot be used in conjunction with any other special offer or promotional code. Promotional codes can only be used for South Africa’s delivery only unless expressly stated otherwise. In the event that a customer has made a purchase and the price of a product falls or is discounted due to a special offer or promotional code, the price of the product at the time of purchase shall ‘prevail’. We are unable to offer special offer discounts or apply promotional codes for purchases that have already been made. As our special offers are often made available due to the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. We also reserve the right to offer personalised special offers and promotions which will on be redeemable by the customer in receipt of the special offer. As mentioned above, there may be times when certain products are offered with a free item (i.e. a free vase with a bouquet of flowers). These items are subject to availability and so, should an occasion arise when they are omitted from an order, we reserve the right to offer an alternative at our discretion, or offer no replacement.

CUSTOMER AND RECIPIENT PERSONAL INFORMATION
To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information. If you do not put your name into the message card field, we will not share your identity with the recipient, even if they ask us for it. If they request it, we will email or call you to let you know that they are enquiring. Please remember that we value your privacy and will never lease, rent or sell your private information. For more information, please see our privacy policy. Makoye Gift is registered under the Data Protection Act 1998. Please note that all calls to our Customer Service lines are recorded. This is both for your security and ours and the recordings will only be accessed in exceptional circumstances.

UNFORESEEN TECHNICAL ISSUES WITH THE WEBSITE AND / OR OUR SYSTEMS
It is conceivable that errors may occur with our systems from time to time, due to unforeseen circumstances. For instance, our 3rd party hosting partner may lose access to the internet, causing our site to go offline or, if there is a problem with our server’s internal clock, orders could theoretically be accepted by our system despite a cut off time having passed. These two examples are just that – examples and do not cover all the technical things that could theoretically go wrong (with our or any online business). We take every precaution we can to ensure that our systems run smoothly and problems are very rare. When they do occur, we will do our best to provide the service requested within the timing originally requested. However, in certain circumstances, it will not be possible for us to fulfil the order to the original timeline. In the latter situation, we will ask the customer what they would prefer; for us to amend the timing of the order, or to refund the order in full. You cannot hold us responsible for any damages or compensation if your order cannot be fulfilled for this reason (or any other). If any product is ordered that we are not able to deliver because of technical issues we will try to contact you to find a solution. If we are unable to contact you, we reserve the right to make the decision to cancel and refund on your behalf on the basis of the situation as we see it (as per our policy set out in 4.1 above).

CUT OFF TIMES
Our cut off times for deliveries are shown on our flower delivery pages. However, these cut off times are guidelines only and, whilst we keep to those times 99% of the time, from time to time we may move the cut off times forward or back, to respond to business situations that may arise. If you wish to order flowers for same day or next day delivery, you are urged to get your order in early, to make sure you get it in before the cut off time passes.

DELIVERIES ON WEEKENDS AND PUBLIC HOLIDAYS
We deliver on Saturdays, but not normally on Sundays or public holidays. On occasion, we can make special arrangements for such deliveries, however we do not guarantee it. Please contact us if you would like to request a weekend or public holiday delivery and we will see if it is possible.

CHANGES TO ORDERS PLACED FOR DELIVERY OVER THE VALENTINE’S DAY PERIOD
During this exceptionally busy period, if you wish to change any detail of your order, please call us on 012 881 4532or email us at info@Makoyegift.co.za. Please note that any changes to your order (delivery address, gift message, additional items) must be made by 2pm GMT on 10th February to ensure that we have time to amend the order prior to dispatch. Although we will endeavour to make amendment requests that we receive after 2pm on 10th February, we cannot guarantee we shall be able to make the changes.

 
CHANGES TO ORDERS PLACED FOR DELIVERY OVER THE MOTHER’S DAY PERIOD
Should you wish to change any detail of your order over this busy period, we are only able to amend orders if you give us sufficient time. For orders to be delivered during the Mother’s Day week we need to be informed of any changes as early as possible – at least 3 full working days prior to delivery. After this time, although we shall endeavour to make any amendment requests, we receive, we cannot guarantee we shall be able to do so. Please call us on 012 881 4532 or email us at info@makoye.co.za.
 
CHANGES TO ORDERS PLACED FOR DELIVERY OVER THE CHRISTMAS PERIOD
Should you wish to change any detail of your order over this busy period, we are only able to amend orders if you give us sufficient time. After 16 December we cannot guarantee to be able to change any order details although we shall do our best to help.
 
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS PROVIDED BY CUSTOMERS
You agree that any material, information or ideas that you transmit to this site is, and will remain, the property of Makoye Gift. Furthermore, you accept that you are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, inflammatory, pornographic or profane material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
 
COPYRIGHT AND TRADEMARKS
Makoye Gift’s logo is a registered trademark and all wording and imagery on all Makoye Gift sites are copyrighted. You may not copy, modify or distribute all or part of any of Makoye Gift’s copyrighted works or trademarks, or other content from any Makoye Gift site, without Makoye Gift express consent.

Thank you for visiting Makoye Gift. We hope that the recipient will be delighted with any order you put through.OVERVIEW
Welcome to Makoye Gift! The terms “we”, “us” and “our” refer to Makoye Gift. Makoye Gift operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Makoye Gift is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Makoye Gift reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Makoye Gift confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Makoye Gift may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Makoye Gift, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Makoye Gift, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Makoye Gift.
Makoye Gift’s names, logos, product and service names, designs, and slogans are trademarks of Makoye Gift or its affiliates or licensors. You must not use such trademarks without the prior written permission of Makoye Gift. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Makoye Gift is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Makoye Gift. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Makoye Gift, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Makoye Gift.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Makoye Gift, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Makoye Gift, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Makoye Gift, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Makoye Gift, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Makoye Gift is headquartered. You and Makoye Gift consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@makoye.co.za.
Our contact information is posted below:
[INSERT TRADING NAME]
info@makoye.co.za
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]