Terms and Conditions of Service
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Below please see our Shipment policies
PRODUCTS, AVAILABILITY & AGREEMENT OF SALE
The product/s listed, are products offered for sale, Stocks of all goods on offer are limited. PUFF shall take all reasonable efforts to ensure that when the stock is no longer available, that offers thereof are discontinued. Due to the fact that our products are sold through various channels, PUFF cannot guarantee product availability or the term of any price or special promotion or offer. Therefore, should items still be offered after stocks are sold out and PUFF is unable to fulfil the orders placed at advertised prices, PUFF shall only be liable to refund the amount paid by you for such products according to the T&C as set out in detail in the refund T&C
Placing a product in a shopping cart without completing the purchase cycle does not constitute an agreement of sale and/or constitute an order for such product, and as such, the administrators of PUFF may remove such product from the shopping cart after a period of 7 days or if no stock is available within the 7 day period you cannot hold PUFF liable if such product is not available when the purchase cycle is completed at a later stage.
Completion of an order will not be considered as an agreement of sale but as an offer to purchase by you. An agreement of sale only comes into effect if and when you electronically submit a properly completed order for one or more products in your shopping cart and cleared payment reflects in our bank account, and PUFF accepts your offer to purchase. If another user has arranged cleared payment before your payment was cleared and only one item is available the item will be reserved for the first cleared payment received by PUFF
LEGAL RIGHT TO PURCHASE
Products offered for sale by PUFF either via the website or in person via a retail outlet operated by any representative of PUFF is only for sale to Countries allowed to purchase our products or persons over the age of legal use, this may be 18 and in some Countries or States 21 years. The onus is on you to ensure that you meet the requirements and/or any age restrictions applicable to products ordered by you on the Website and that these restrictions are observed and accordingly you indemnify PUFF from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.
Any products purchased are only for use with tobacco and legal herbs. It is not intended for use with illegal substances. PUFF will not be held responsible or accountable for any purchases made for illegal use
For purchases by recipient resident in any country, the buyer should be sure to purchase any product within the legality of such country. Puff will not accept liability for illegal purchase. No claim for confiscated goods will be accepted. It is the buyer’s responsibility to establish the legality of purchased items
DELIVERY & DELIVERY FEES T&C’s
PUFF delivers to addresses both within and beyond the borders of South Africa.
PUFF do not deliver to PO Box addresses or P Bag addresses - The Parcel may only be addressed to a physical street address.
Within South Africa: All parcels are delivered to the recipient Physical address or the Post Office Counter depending on the option chosen when checking out. The parcel needs to be accepted by signing for it and in some instances, you might need to provide proof of identification.
Outside the borders of South Africa: All parcels are delivered to you via our National Postal Services. Only countries that have an agreement between South Africa postal services and they can be delivered to. When arriving in your country, your country postal services delivery applies.
PUFF will supply all goods to the delivery courier in good order. The courier company will be responsible to deliver the goods to you to the chosen address of the user.
DISPATCH PERIODS:
- PUFF will under normal circumstances pack and dispatch your items within 2-3 working days after cleared payments reflect in our bank account
- PUFF cannot deliver the parcel themselves but make use of a third party courier to deliver the parcel. By purchasing our product/s you agree it is your choice to make use of this third-party delivery method. We do not accept responsibility or cannot be held accountable for actions or lack of actions, damages, lost or tampering with your parcel, or lost items in your parcel.
ESTIMATE DELIVERY PERIODS
PUFF cannot guarantee any delivery period as it is not up to PUFF to deliver the parcel; we can only dispatch it for delivery by a third party. The delivery period is an estimated period provided by the third party parcel deliverers, not by PUFF. Please note that the aforesaid periods are estimates only and do not constitute periods agreed to between you and PUFF
Inside the borders of South Africa
All major Courier services vow to deliver a trackable parcel in one to three days in major areas and 3-5 days in remote areas.
Standard Post Office - The South African Post Office vows to deliver a trackable parcel for main centres in South Africa. ( Main centres include any destination within a 50km radius of the following cities: Pretoria, Johannesburg, Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg and Nelspruit) in 3-5 working days but can take up to 10 working days.
Delivery outside main centres is usually within 2-3 working days longer but can take up to 15 days.
Outside the borders of South Africa
Delivery to a post office in such country originated via South African Post office services only. Delivery depends on the country of destination and can be within 2 or 3 weeks after dispatch but mostly up to 12 weeks, however, seasonal peaks and delays at customs of destination are outside the control of PUFF and deliveries may take longer.
IMPORTANT TO NOTE:
Please note: We do have a dispatch period and a delivery period. Delivery periods are only regarded as having commenced after dispatch period ended and dispatch periods is normally 2-3 days after cleared payment confirmation reflecting in PUFF bank account or other user accounts.
PUFF makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
PRE-ORDERED PRODUCTS
Pre-order products will be handled separately and will be shipped when ready. If you have any pre-orders it will be split into different orders, and you may choose different delivery addresses for each order.
DELIVERY FEES
PUFF charges fulfilment and delivery fees that include but are not limited to:
Actual postage fees charged by the third party courier (SA postal services, various courier services or Speed Services)
Packaging and packaging related expenses.
Delivery charges are calculated on the actual total weight and/or dimensions of a parcel of all products included in an order. The greater will be applicable
The amount automatically calculated by the website platform that is available at the end of the order is only an indication. There are too many variables to be able to provide an accurate delivery amount and as such the amount provided on the order, on the website, should only be seen as an indication.
Please take note that the South African Post Office only accepts parcels with a maximum weight of 30kg.
COUNTRY OF DOMICILE
This website is governed by all South African Laws and Puff.coza chooses 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.
Admin Office
Puff.coza physical Admin Office address is: 10 Koedoe street, Schoongezicht, Durbanville, 7550. Warehouse and dispatch are located off-site with no provision for parcel pickups or direct sales.
Responsibility
Puff.coza accepts responsibility for all aspects relating to a sale on our website that is within our control.
Where third party service provider for payment processing and delivery is used as per your acceptance of our Terms and Conditions, made available on our website, responsibility cannot be accepted on behalf of the third party.
We, however, will assist in any dispute resolution where a third party is involved
AFFILIATE MARKETING PROGRAM
This Affiliate Agreement (referred to as "Agreement") details the complete terms and conditions in creating a binding contract between Nabinol (Pty) Ltd t/a Puff.co.za AND you the "marketer", "affiliate" or "you" The parties have agreed to enter into this agreement whereby the marketer intends to market the Puff.co.za online store. In return of marketing the Puff.co.za Online Store, Puff.co.za will pay the Affiliate the Referral Fees in accordance with the terms of this agreement upon successful completion of sales referred via the affiliate referral links and/or the use of the affiliates discount coupon code
DEFINITIONS AND INTERPRETATION
Within this agreement the following words and expressions shall have the following meanings, unless the context otherwise requires: "Charge Back" means a credit card or debit card or any other payment method transaction that is being disputed by the card issuer and for which charges are being reversed; "Commencement Date" means the date the Affiliate has accepted the terms of this Agreement; "Link" means a Hypertext Link from the Affiliate to Puff.co.za's Website; "Net Revenue" means the affiliates' commission less any chargebacks, credits, bonus, or uncollectible revenue. "Puff.co.za Website" means website currently located at www.Puff.co.za, "Puff.co.za Brand" means: (i) all or any names which include "Puff.co.za" and (ii) all or any trade names and trademarks used by Puff.co.za from time to time and whether or not registered in any part of the world. "Commission" means the referral fee that will be paid by Puff.co.za to the affiliate. "Confirmed sales" means a customer who arrives at the Puff.co.za site as a result of Affiliate marketing activity online (e.g. via a banner or a link) or Newsletter, and makes a purchase on the Puff.co.za website and where Puff.co.za process the payment for this purchase. "Referral Programme" means the Puff.co.za referral programme pursuant to which the Affiliate will receive a commission; "Report" means information that can be accessed through the Puff.co.za tracking facility. "SPAM" is defined as unsolicited bulk mail messages including, but not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. "Unsuitable Website" means a website that displays, advertises or promotes the following, but not limited to; (a) Pornography, or any sexual acts; (b) Violence; (c) Racism; (d) Illegal activities; (e) violates intellectual property rights; (f) Any conduct that may have a damaging effect on the Puff.co.za image Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
AFFILIATE APPLICATION
In order to apply to the Puff.co.za affiliate programme a completed affiliate programme application must be submitted via the Puff.co.za affiliate program platform website: https://puff.goaffpro.com/ . Once received, this application will be processed and you will receive an approval email with affiliate logins to gain access to the affiliate reports and tracking links and coupon codes.
We reserve the right to terminate this license at any time should we, in our sole discretion, deem your use of this program to be inappropriate.
You must not use the Puff.co.za Brand or any part of it or any mark, name or brand confusingly similar to the Puff.co.za Brand or any part of it whether to promote your site(s) or for any other reason. Without limitation you must not : (i) register or apply for registration of or use any domain name; or (ii) use any keyword, metatag or other or other means of advertising on any internet search engine ; or (iii) Affiliates utilizing search engine marketing for traffic generation will not be allowed to bid on Puff.co.za's brand name or any combinations thereof which incorporates Puff.co.za, the Puff.co.za Brand or any part of it and , without limiting any other rights or remedies which Puff.co.za Limited may have, in the event that you register, apply for or use any domain name which includes "Puff.co.za" you will immediately upon request of Puff.co.za transfer that domain name back to us.
AFFILIATE REGULATION
All information supplied on application must be truthful and accurate. On the event of Puff.co.za discovering any activity or wrong information regarding your affiliate account we reserve the right to investigate this issue and subtract from the commissions due to you an amount of money to reflect the required investigation and additional work created by your having provided incorrect or incomplete details. Puff.co.za will closely monitor all affiliate accounts and commission for signs of fraud, either on the part of the affiliate or on the part of the affiliate's customers. Upon finding any instances of fraud Puff.co.za shall freeze your affiliate account and make immediate contact with you in order to resolve the matter and where necessary launch a full investigation. Puff.co.za reserves the right to terminate this agreement in the event of any wrong doing including but not limited to fraud and/or collusion.
TERMINATION OF AFFILIATE AGREEMENT
The terms included in this agreement will commence upon your acceptance of the terms and conditions stated within this document and will conclude upon terminated by either Puff.co.za or you the affiliate which can occur at 30 days' notice. Either party shall issue the other party a written notice should they wish to terminate this agreement. Once the agreement is terminated final commission shall be paid and all Puff.co.za related marketing material must be removed. Puff.co.za reserves the right to withhold the final payment for up to 3 months to ensure that the correct amount is paid. Final payment will remove any future claim or entitlement to any further commission.
AFFILIATE SITE
The affiliate will retain complete control over their site(s) and must ensure that they continue to be appropriate to Puff.co.za terms and conditions. Your site must not contain any content of the sites or materials proprietary to Puff.co.za unless prior written permission has been obtained, or it is material obtained through the Puff.co.za affiliate programme. Puff.co.za will remain completely separate from the affiliate's site(s) and as such Puff.co.za will not be included in any claims, damages and expenses relating to the development, operation/maintenance and contents of your site. Affiliates should continually be aware that their conduct has the potential to affect the Puff.co.za image and should therefore conduct their activity in a way that does not damage or have a negative impact on the Puff.co.za brand.
COMMISSION PAYMENT
The Marketer will earn commission for every successful purchase made via the affiliate link and/or discount coupon code. Puff.co.za cannot be held accountable for sale that occur that fails to register as referred sales via an affiliate link where tracking technology is unable to tract the sales origin. To avoid lost sales it is imperative to encourage customers to use the affiliate’s discount code to ensure sale can be tracked successfully. Only one discount code can be applied to a purchase. Customers using different discount coupon codes during checkout will not count towards successful sales referred by the affiliate where purchases are not made in the same browser session.
Puff.co.za shall have the right to amend the Commission payable on 30 days' written notice to the Marketer. It is specifically agreed that Puff.co.za may deduct, from commission earned in respect of the sales of Products, for any fraudulent purchases, charged-back amounts due to fraud and any other amounts as may be owed to it by the Marketer, before paying over to the Marketer the balance of monies due.
ADMINISTRATIVE SERVICES
Puff.co.za shall administer all transactions relating to the purchase of Products concluded on the Websites, by means of, inter alia, tracking of transactions, collection of monies from purchasers, payment of expenses. Commission calculation is based on the total amount of trackable sales made. Puff.co.za shall be responsible for compiling the affiliate's commission information. It is the full responsibility of the affiliate to correctly execute tracking links and tracking codes in order to reduce the occurrence of any discrepancies in reporting, tracking and commission accrual. All commission shall be paid to you in arrears upon request in South African Rands after a cooling off period of 14 days per purchase to account for refunds and chargebacks or any reason for reversed sales. Commission shall be credited to your bank account after an invoice has been sent to Puff.co.za, which can take up to 30 days, but on average should happen within 10 days after the request has been submitted via email to: affiliates@puff.co.za
Pay-outs requested with a value of less than R500 will incur a R50 processing fee. Alternatively, the pay-out can be requested as a discount voucher to the value of the outstanding comission + 10% to use at www.puff.co.za with no additional processing fee
DIRECT SALES
Notwithstanding anything to the contrary herein contained, Puff.co.za shall be entitled to market its products directly to its customers ("Direct Sales"), notwithstanding that such customers may previously have purchased Products from the Marketer. The Marketer shall have no entitlement to monies received by Puff.co.za in respect of such Direct Sales at a later stage unless they Marketer’s affiliate link and/or discount code is used again to track the sale.
LIABILITY LIMITATION
Puff.co.za will be in no way be held liable for any damages or loss of revenue, profits or data resulting from participation in the Puff.co.za affiliate programme. The provisions of this section will survive the expiration or earlier termination of the contract for any reason. This section shall not apply to (a) breaches by a party of its obligations in Clause 13 below, or (b) the willful or reckless acts or omissions of a party, its agents or employees.
AMENDMENTS TO TERMS AND CONDITIONS
Puff.co.za reserves the right to modify terms & conditions contained in this agreement, when such modifications take place affiliates shall be notified via our affiliate programme site. Once affiliates have been informed this shall be considered sufficient provision of notice and will become effective 30 days after notification has been given. Any modifications that affiliate object to can be raised via the affiliate manager for an explanatory response regarding the reasons for change
DISCLAIMERS
Puff.co.za will do its utmost to ensure that we run our online store to the best of our ability without interruptions or errors, however Puff.co.za shall not be held responsible for any loss of business suffered through the performance of the web page. Puff.co.za does not express or imply any warranties or representations regarding the Puff.co.za affiliate programme (including without limitation warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). The Products are provided by Puff.co.za "as is" and where available, and Puff.co.za makes no representations or warranties with regard to the same. Puff.co.za expressly disclaims all implied warranties, obligations and liabilities arising by law or otherwise, with respect to the Marketing Software and the Products, including without limitation any (a) implied warranty of merchantability or fitness for a particular purpose; (b) implied warranty arising from course of performance, course of dealing or usage of trade; or (c) implied warranty of non-infringement. The Marketer acknowledges that the Products are provided and produced by the third-party suppliers and not by Puff.co.za. Puff.co.za will have no liability to the Marketer or any of its customers for (a) any failure of the Marketing Software or the systems of any third party that results in the failure or inability to process a transaction, or (b) the quality of the Products provided by suppliers to customers.
WARRANTIES
Neither the Marketer nor Puff.co.za makes express or implied warranties nor representations, except as expressly provided herein. Representations and Warranties; in agreeing to the terms and conditions of the Puff.co.za affiliate programme you express your acceptance of the following; (i) this Agreement has been duly and validly executed by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; (ii) the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which you are subject to; and (iii) you are an adult of at least 18 years of age. You further represent that you have evaluated the laws relating to your activities and obligations hereunder and you have independently concluded that you can enter this Agreement and fulfil your obligations hereunder without violating any applicable rule of law. You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Programme and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
CONFIDENTIALITY
Through your affiliate relationship with Puff.co.za you may be included on privileged information which is regarded as confidential and will be highlighted as such. Any such confidential information should not be communicated to any third parties.
ANTI-SPAM POLICY
We do not condone SPAM. Any form of SPAM will result in your account being placed under review and all funds due being withheld pending an investigation of your account. Should you wish to report any incidences of SPAM, please contact us at affiliates@puff.co.za
COMMUNICATION
By agreeing to this contract, you agree to occasionally receive promotional information from Puff.co.za. You can opt out of this at any time.
GOVERNING LAW AND DISPUTES
This agreement will be governed by and construed in accordance with the laws of South Africa, without regard to the conflict of laws rules of any jurisdiction. The parties shall first attempt in good faith to resolve any dispute arising out of or relating to the contract or these Conditions by negotiation. If the parties are unable to resolve the dispute by negotiation, any and all disputes, controversies and claims arising out of or in connection with the contract and these Conditions, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of Arbitration in South African Law. Unless the parties agree otherwise, the arbitration proceedings shall be conducted in Cape Town, South Africa. The arbitration award shall be final and binding upon the parties. Both parties agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their responsibilities under these Conditions that are not affected by the dispute.
WHOLE AGREEMENT
This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties other than those set out herein are binding on the parties.
NON VARIATION
This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties other than those set out herein are binding on the parties.
INDULGENCES
No latitude, extension of time or other indulgence which may be given or allowed by any party to any other party in respect of the performance of any obligation hereunder or the enforcement of any right arising from this agreement and no single or partial exercise of any right by any party shall under any circumstances be construed to be an implied consent by such party or operate as a waiver or a notation of, or otherwise affect any of that party's rights in terms of or arising from this agreement or stop such party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
CHANGE OR QUESTIONS
If you have any questions about the above Terms and Conditions, please write to: PUFF.coza, PO Box 1916, Durbanville, 7550, South Africa. Or sent an email to admin@puff.co.za
This terms of service should be read in conjunction with the:
- Privacy policy,
- Cancellation, Returns, refunds & guarantees policy
- About us and payment option policy
PUFF.coza reserves the right to change any Terms and Conditions within any of this and the above-mentioned policies at their sole discretion. Please visit this and all other policy pages found in the footer of each window every time when a purchase is made to be kept up to date with any changes that may have been made
