Terms of service

GENERAL

For purposes of these General Terms and Conditions and elsewhere on the website, "Aipenda" is a brand owned by Pink Macaco (Pty) Limited, Reg nr: 2023/61341/07. Aipenda's head office is located in 7455 Langa, Cape Town (WC), South Africa; email address: info@aipenda.com

APPLICATION

These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which Aipenda acts as supplier of items.

PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS

Aipenda will not be required to execute an order or compensate a buyer for any loss if Aipenda made an error when presenting the item, formulating its characteristics or stating its price, and

i) it should have been clear to the buyer that such involved a printing error; or

ii) if the buyer should not, under the circumstances, have reasonably relied on Aipenda delivering quoted item, with stated characteristics, at this price.

PRICES

Products sold by Aipenda are billed in Rands and include VAT.

MARKET

Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business only.

COSTS OF DELIVERING THE ITEMS

All prices of the items posted on the website are exclusive of delivery costs.

Delivery costs will be stated separately when settling the order and may vary daily and for each order.

DELIVERY AND DELIVERY PERIOD

Aipenda shall endeavor to supply the items ordered, provided that Aipenda has such items in stock, to the delivery address within 5 working days of the order confirmation and the required receipt of payment.

The delivery periods referred to above are of an indicative nature only. Should any order not be delivered within 30 days, the buyer will be entitled to cancel the order at no charge. 

STOCK AVAILABILITY

Stock on offer is limited. Aipenda shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Aipenda shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.

PAYMENT

Payment is accepted via credit card (Visa or MasterCard), Snapscan and direct transfer. Aipenda takes all reasonable steps to scrutinize all transactions to prevent attempted fraud and a transaction may be refused if Aipenda is not satisfied with its legitimacy.

AGREEMENTS OF SALE

Placing an item in a shopping basket or adding it to a wish list without completing the purchase cycle, does not constitute an agreement of sale between Aipenda and the purchaser. Users cannot hold Aipenda liable if such items are not available when the purchase cycle is completed; and Aipenda may remove such an item from the shopping basket if no stock is available. An agreement of sale between Aipenda and a user only comes into effect if and when a credit card authorization is received from the issuing bank. Aipenda reserves the right to refuse to accept and/or execute an order without giving any reasons. Aipenda also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event Aipenda shall only be liable to refund monies already paid by the user.

RETURNS / REFUNDS POLICY FOR SEXUAL WELLNESS GOODS

Aipenda is committed to customer satisfaction and offers a return and refund policy for sexual wellness goods that takes into account the sensitive nature of these products.

Products may only be returned if they are unopened and in their original packaging. Aipenda will exchange the product on condition that:

(i) unopened products are returned in its original packaging and in its original condition (including packaging, documentation, warranty cards, manuals, and accessories) within 5 days of delivery of the product; and (ii) the customer returns the product within seven days of receipt and confirms same by sending a written notice to info@aipenda.com (within the aforementioned seven-day period). (iii) All returns must be shipped freight (and insurance) prepaid. The onus is on the customer to ensure that the goods returned are received by Aipenda within 10 days of written notice. On receipt and acceptance of returned product Aipenda will make all reasonable effort to exchange said product, but if replacement is not possible Aipenda will refund the purchase price, excluding delivery cost. Such amount will be refunded within 30 days of cancellation, beginning on the day written notice was given.

Aipenda reserves the right to refuse returns of sexual wellness goods that have been opened, except in cases where the product is faulty or damaged. In such instances, Aipenda will replace the product or provide a refund, in accordance with Sections 55 and 56 of the Consumer Protection Act 68 of 2008, the Electronic Communications & Transactions Act 25 of 2002, and its Returns/Refunds Policy.

For the protection of all customers, Aipenda does not resell any returned sexual wellness goods. All returned products are safely disposed of.

APPLICABLE LAW

This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

PERSONAL DATA

Aipenda shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.

Aipenda will store the data provided by buyers in a data file. Such data will be used to execute buyers' orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the buyer's privacy.

CHANGES TO AGREEMENT

Aipenda may, at its sole discretion, change this agreement or any part thereof at any time without notice.

INTELLECTUAL PROPERTY RIGHTS

All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Aipenda and as such are protected from infringement by local and international legislation and treaties.

DOMICILIUM

Aipenda chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature Langa, Cape Town, 7455, South Africa.