Link to Home Page Lindibell Music of the Wind

TERMS AND CONDITIONS

1. COPYRIGHT

  1. Copyright LINDIBELL CHIMES 2000 - 2006. All Rights Reserved, LINDIBELL CHIMES, P.O. Box 2575, Rivonia, 2128, South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site you can Phone: +27 (0)836541727 or email me.
  2. Users may download, view and print content from this site for private and non-commercial purposes only.
  3. All moral rights of LINDIBELL CHIMES and its employees/agents are reserved.

2. INTELLECTUAL PROPERTY RIGHTS

  1. 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 LINDIBELL CHIMES and as such are protected from infringement by local and international legislation and treaties.

3. ELECTRONIC COMMUNICATIONS

  1. When a user visits LINDIBELL CHIMES or sends e-mails to LINDIBELL CHIMES, that user consents to receiving communications from LINDIBELL CHIMES electronically and agrees that all agreements, notices, disclosures and other communications sent by LINDIBELL CHIMES satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

4. HYPERLINKS

  1. Any person, business or web site may link to any page on this site. Please let us know if you do, so that we may reciprocate.
  2. Hyperlinks provided on this site to non-LINDIBELL CHIMES sites are provided as is and LINDIBELL CHIMES does not necessarily agree with, edit or sponsor the content on such web pages.

5. DISCLAIMER

  1. Every effort is taken to ensure that goods arrive safely. LINDIBELL CHIMES is not responsible for any loss, damage or breakages that may be incurred during the mailing, shipping or unpacking process.
  2. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither LINDIBELL CHIMES nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, LINDIBELL CHIMES makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
  3. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy him/herself prior to entering into this agreement with LINDIBELL CHIMES that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
  4. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of LINDIBELL CHIMES and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
  5. All items purchased from LINDIBELL CHIMES are made pursuant to agreements with shipping and delivery agents and risk of loss pass from LINDIBELL CHIMES to such agents upon delivery of any item to such carrier.
  6. Neither LINDIBELL CHIMES nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

6. COSTS

6.1 PRICES:

  1. The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

6.2 SHIPPING COSTS:

  1. The cost of shipping is calculated based on estimated weights of the parcel and the current South African Postal Services rates tables. Actual costs may vary, and LINDIBELL CHIMES may request additional payment in cases when the actual cost of shipping exceeds the estimate presented when the order was placed.
  2. All international parcels are sent via registered airmail parcel post.

6.3 IMPORT DUTIES:

  1. Import duties may be payable by recipients of goods in foreign countries. LINDIBELL CHIMES does not know what levies may be payable and cannot calculate or estimate such costs.

7. DELIVERIES

7.1 Inside the borders of South Africa

  1. Depending on immediate availability, items should arrive between 5 and 10 working days after placing the order.

7.2 Outside the borders of South Africa

  1. All items are sent registered airmail parcel post.
  2. Delivery usually takes places within two or three weeks after dispatch - however, seasonal peaks and delays at customs etc are outside the control of LINDIBELL CHIMES and deliveries may take up to ten weeks in isolated cases.
  3. It is possible to courier goods to international addresses. The costs are determined on an ad hoc basis. Note that such costs are normally very high.

7.3 Delays and cancellations

  1. LINDIBELL CHIMES makes every effort to ensure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer.

9. PAYMENT METHODS

9.1 Credit card payments.

  1. At the time of placing the order, the credit card details are encrypted and presented to LINDIBELL CHIMES for processing once the order is packed.
  2. Payment is only collected when the order is completed and just before the goods are shipped.
  3. This allows us to amend the order totals, add additional products requested by the customer to the same order and adjust shipping charges before finalizing the card transaction.
  4. However, this offline processing method means that we do all the work before we know that the transaction will work. Submitting fictitious transactions using non-valid cards for any purposes other than a genuine desire to purchase and pay for the product (including testing by curious web developers or security consultants) constitutes fraud and will be prosecuted under the terms of the ECT act of 2002/2003.
  5. Note that to protect it's own and the interests of customers, LINDIBELL CHIMES scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if LINDIBELL CHIMES is not satisfied with it's legitimacy.

9.2 Bank deposit payments.

  1. If the buyer selects to pay via bank deposit, instructions will be given on how to deposit monies into the LINDIBELL CHIMES bank account and would it be subject to the following rules:
    1. The exact amount must be paid
    2. The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
    3. No transfers must be made from ATMs
    4. Cheque deposits are subject to a clearing period.
    5. No bank deposits are accepted from outside the borders of South Africa.
    6. Unpaid bank deposit orders are cancelled after five business days.

10. AGREEMENTS OF SALE

  1. Placing an item in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:
    1. constitute an agreement of sale between LINDIBELL CHIMES and users cannot hold LINDIBELL CHIMES liable if such items are not available when the purchase cycle is completed later; and/or
    2. constitute an order for such an item; and
    3. LINDIBELL CHIMES may remove such an item from the shopping basket or wishlist if no stock is available.
  2. An agreement of sale between LINDIBELL CHIMES and a user only comes into effect if and when:
    1. A credit card authorisation is received from the issuing bank; or
    2. A deposit of an electronic transfer is reflected on LINDIBELL CHIMES's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
    3. A direct deposit is reflected on LINDIBELL CHIMES's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.
  3. LINDIBELL CHIMES reserves the right to refuse to accept and/or execute an order without giving any reasons. LINDIBELL CHIMES also reserves the right to cancel orders in whole or in part as circumstances dictate. LINDIBELL CHIMES shall only be liable to refund monies already paid by the user.

11. STOCK AVAILABILITY

  1. Stocks of all goods on offer are limited. LINDIBELL CHIMES 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, LINDIBELL CHIMES shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

12. SPECIAL OFFERS

  1. LINDIBELL CHIMES shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.

13. GOVERNING LAW

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

14. PRIVACY

  1. This site collects private information from users, such information shall not be disclosed to any third party unless agreed upon between the user and LINDIBELL CHIMES or through due legal process. Users agree that LINDIBELL CHIMES may, from time to time (less than once a month) communicate with users.
  2. This site uses cookies to customise the site and make a user's experience more user-friendly. Cookies are an industry standard and cannot harm a computer in any way.
  3. If the user activates the tick box on their account page, LINDIBELL CHIMES may send the user occasional email messages with news and special offers. If the option is not activated, the user will only receive email concerning orders and delivery status.

15. SECURITY

  1. Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that LINDIBELL CHIMES suffers any damage or loss.
  2. The user allows LINDIBELL CHIMES to take all reasonable steps to ensure the integrity and security of the LINDIBELL CHIMES site and back-office applications.
  3. All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by FineBushPeople.net.

16. CHANGES TO AGREEMENT

  1. LINDIBELL CHIMES may, in its sole discretion, change this agreement or any part thereof at any time without notice.

17. DISPUTES

  1. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved by LINDIBELL CHIMES, then such a dispute shall be submitted to a mutually agreed independent person for mediation and/or arbitration. Any dispute referred to a mediator shall be conducted in accordance with the standard terms and conditions.

18. DOMICILIUM

  1. LINDIBELL CHIMES 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, LINDIBELL CHIMES, P.O. Box 2575, Rivonia, 2128, South Africa.

19. TERM AND TERMINATION

  1. This agreement shall commence when the user starts the checkout process on the LINDIBELL CHIMES site and continues indefinitely until terminated by LINDIBELL CHIMES in terms of clause 19 hereto or for any other reason.