TOTEM WEBSITE
General USER Terms and Conditions
LAST UPDATED: SEPTEMBER 2023

A. OVERVIEW

This website ("The Website" or "Site") is operated by Splash Out cc T/A Totem Bags. Throughout the Website, the terms "we", "us", and "our" refer to Splash Out CC T/A Totem Bags. Splash Out CCT/A Totem Bags offers this Website, including all information, tools, online store, products and services (cumulatively referred to as "The Service/s") available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to any or all the Terms and Conditions, then you may not access the Website or use any services and must stop using the Website immediately. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current online store accessible on the Website shall also be subject to these 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

B. ACCEPTANCE OF TERMS:

ONLINE STORE TERMS

  1. By agreeing to these Terms of Service, you represent that you are at least 18 years of age, and you have given us your consent to allow any of your minor dependents to use this Website. You may not use our Services for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of your access to the Services.

 

GENERAL CONDITIONS

  1. We reserve the right to refuse the Service to anyone for any reason at any time.

  2. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided without express written permission by us.

  4. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

 

ENTIRE AGREEMENT

  1. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

  2. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitute 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).

  3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  1. We are not responsible if the information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.

  2. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website unless required to do so by law. You agree that it is your responsibility to monitor changes to our Website.

C. PRODUCTS OR SERVICES (IF APPLICABLE)

  1. Certain Services or products may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

  2. We have made every effort to display the colours and images of our products that appear in the online store as accurately as possible. We cannot guarantee that your computer's monitor displays or represents the colours of any of these products.

  3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

  4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

D. PRICING AND PAYMENT:

MODIFICATIONS TO THE SERVICE AND PRICES

  1. Prices for our products are subject to change without notice.

  2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

  3. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

  1. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order placed on the online store. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

GIFT CARDS

  1. Gift Cards are only exchangeable for merchandise and may not be refunded or redeemed for cash. In the case of a refund, the refund will be made by crediting the Gift Card used to make the initial purchase or the issuing of a new Gift Card.
  2. No cash change will be given.

E. RETURNS, EXCHANGES AND WARRANTIES: B2C CUSTOMERS

REFUND AND RETURNS

  1. If we are unable to deliver your product within 30 days of your receipt of an (updated) Order Confirmation, we will notify you in writing, and you will be entitled to a full refund within 30 days of your receipt of such written notification. The refund will be made to the original payment method.
  2. If you are a customer in terms of the Consumer Protect Act 68 of 2008 ("CPA") and any products delivered by us are not of the type and quality or description specified on the Website, you may, within 10 business days of delivery, return these products (at our own risk and expense) in exchange for a full refund.

  3. If you are a consumer in terms of the CPA and you receive any product which:

  • Contains any defects, failures, hazards or are otherwise unsafe (as defined by section 53 of the CPA); and/or 

  • does not comply with section 55 and 56 of the CPA (for example, they are not defect-free, of a good quality or reasonably suitable for the purpose for which they are generally intended),

You may decide, within 6 months from the date of delivery, to return these Products to us, or have them replaced or repaired by us at our own risk and expenses and without penalty.

COOLING OFF PERIOD

  1. You will be entitled to cancel your order, without reason and without penalty in terms of the Electronic Communication and Transaction Act 25 of 2002 ("ECTA")
  • Within 7 days after your receipt of the Product or

  • Within 7 days after your receipt of an (Updated) Order Confirmation.

You will be required to pay the direct cost of returning the product to us if returning in terms of the cooling off period. If you cancel the order in terms of the cooling off period, you will be entitled to a full refund, which we will pay within 30 days of the date of cancellation, with the refund being made to the original payment method. The goods must be unused and in their original packaging. 

REQUIREMENTS TO BE ELIGIBLE FOR A REFUND

  1. Goods will be eligible for a refund on the following conditions:
  • it is undamaged and unused, with the original tags still attached. 

  • it is in the original packaging, which must be undamaged and in its original condition.

  • it is not missing any accessories.

  • it is not listed in products not eligible for return.

PURCHASES OF OUR PRODUCTS FROM OTHER STORES

  1. Scope of Return Policy: The return process outlined in Section E specifically pertains to items that have been purchased directly from www.totembags.co.za. We can only refund or exchange items bought directly from us at our online store. 

  2. Third-Party Purchases: Any products acquired through other websites, retailers, or third-party distributors are not eligible for the return process specified in Section E of these terms and conditions. Customers who have procured products from such external sources are advised to initiate any return or exchange procedures directly with the respective store or, platform or seller from which the purchase was made.

  3. Assistance with third-party purchases: If you encounter difficulties when attempting to return products to third-party retailers or distributors, you are welcome to contact us for guidance or assistance. Please contact us via info@totembags.co.za, and we will do our utmost to support you, although the ultimate responsibility for the return lies with the original point of purchase.

WARRANTY FOR FAULTY GOODS

  1. Splash Out CC offers a warranty on its products against possible defects in materials and workmanship. Where such defects occur, we will repair or replace the item in question, subject to the conditions listed below:

Overview of warranty conditions: 

  1. At Splash Out CC, all our products are rigorously tested to ensure that they meet stringent quality standards.  

  2. Therefore, if a problem occurs with a Totem or Savvy product (the "Product") and the problem is caused by manufacturing defects in material or workmanship, we will, at our discretion, either repair, replace or exchange the Product in accordance with the warranty terms and conditions stated here. 

  3. This warranty only applies to the purchaser of the Product or the recipient of a gift that contains the Product.

  4. This warranty is limited to the value of the Product. 

  5. Manufacturing specifications are subject to change without notice.

 

Specific warranty conditions:

Warranty Activation:

  1. To activate the extended warranty, register the warranty on the Totem Website.

  2. The extended warranty is only covered once the warranty is registered on the Website.

  3. The warranty starts on the purchase date.

Definition of a Manufacturing Defect:

  1. An imperfection in manufacturing or any characteristic making a product less satisfactory than reasonably expected.
  2. Exclusions: Issues such as normal wear and tear, misuse, lack of product care or unauthorised repairs. Please refer to the section, what isn't covered for further information.

Standard Warranty Duration (First six months):

  1. As stated previously, you may return the Product:
  • if it contains any defects, failures, hazards or are otherwise unsafe (as defined by section 53 of the CPA); and/or 
  • do not comply with section 55 and 56 of the CPA (for example, they are not defect-free, of a good quality or reasonably suitable for the purpose of which they are generally intended) within six months of receiving them. 
  1. In the event of a manufacturing defect, you may then elect us to repair, replace (where possible), or refund the full price paid for the defective Product. 
  2. This warranty does not apply to damage to the Product due to normal wear and tear such as rips, tears, abrasion or UV degradation, misuse or neglect. 

Extended Warranty Duration:

  1. The warranty (covering either a one (1) period for Savvy or a three (3) year period for Totem, is indicated on the hangtag of the Product.
  2. Please note that the extended warranty period is calculated by deducting the standard warranty duration (6 months) from the total warranty duration (either 1 or 3 years) as indicated on the hangtag of the Product.

What is Covered:

  1. The warranty offered only covers manufacturing defects.

  2. Defective items may be repaired, replaced, or exchanged at our discretion.

  3. It covers:

  • zippers,

  • buckles,

  • seams such as torn seams or fabric cut too short,

  • construction,

  • feet,

  • lining,

  • straps pulling out.

What Isn't Covered – Exclusions and Limitations:

  1. It does not cover:

  • misuse such as transporting unusual objects, front fabric worn from placing the Product on its front instead of standing it on its firm base, damaged webbing due to straps running along the floor instead of tucking the straps away when not in use, fabric torn from sharp objects, broken handle due to strong force, telescope handle stuck due to dented pipe which originated from force.

  • negligence,

  • accidental damage,

  • intentional damage,

  • self-repairs or damages from unauthorised repairs,

  • abrasion,

  • strong force from above, such as sitting on the bag,

  • regular wear and tear such as rips, tears, abrasion mainly from not standing the bag on its firm base, UV degradation, scratches or stains, worn wheels, and worn feet.

  • damage sustained during travel,

  • improper care, such as washing incorrectly, exposure to excessively high or low temperatures, solvents, and acids.

Voiding the Warranty:

  1. While non-warranty maintenance or repairs on your Product can be performed elsewhere, we require that you contact our customer support for any warranty repairs.
  2. Improper or incorrectly performed maintenance or repairs will void this warranty.

Warranty Claim Procedure: B2C Customers (Purchases from totembags.co.za)

  1. You will be required to send a copy of your original proof of purchase, as well as the completed repair document, via our Help Centre together with your claimed product.

  2. Our customer service centre will determine whether the problem is covered by our warranty or not.

Claim Responses

  1. Most warranty claims are processed within 10 business days, though this might extend during peak periods.

Repair Process:

  1. Any repair or replacement within the first six months of purchase, covered by our warranty, will be at our expense, including any costs required to return the repaired or replacement Product back to you. 

  2. If the Product needs replacing but is no longer available, we will substitute your original Product for a comparable Product.

RETURN AND REFUND PROCESS TIME FRAME

  1. Please allow 14 business days for us to process your return. Please note that credit card companies vary on the time it takes for credit to appear on their customer's records. 

RETURN PROCESS

  1. How to initiate a return: 

F. SHIPPING AND DELIVERY:

MISSING ITEMS OR ITEMS LOST IN TRANSIT

  1. If an item is missing from the order you receive or lost in transit, you must contact customer service within 7 days of your order's ship date to inform us of the missing item(s). If we are notified of a lost item(s) after this timeframe, we will be unable to process your request.

G.USE OF WEBSITE:

PROHIBITED USES

  1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: 

  1. for any unlawful purpose;

  2. to solicit others to perform or participate in any unlawful acts; 

  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 

  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

  6. to submit false or misleading information; 

  7. to 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 Service or of any related website, other websites, or the Internet; 

  8. to collect or track the personal information of others; 

  9. to spam, phish, pharm, pretext, spider, crawl, or scrape; 

  10.  for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

  1. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

THIRD-PARTY LINKS

  1. Certain content, products and services available via our Service may include third-party materials.

  2. Third-party links on this Website may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and shall not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.

  3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  1. If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

  2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

  3. You agree that your comments 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 comments will not contain libellous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

ERRORS, INACCURACIES AND OMISSIONS

  1. Occasionally, there may be information on our Website or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

  2. We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

OPTIONAL TOOLS

  1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

  2. 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.

  3. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion. 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).

  4. We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

H. PRIVACY AND DATA PROTECTION:

PERSONAL INFORMATION

  1. Our Privacy Policy governs your submission of personal information through the Website. Click here to view our Privacy and POPI Policy:

    https://totembags.co.za/pages/privacy-policy 

I. LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

  2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

  3. You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

  4. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) 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.

  5. In no case shall Splash Out CC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

  1. You agree to indemnify, defend and hold harmless Splash Out CC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SEVERABILITY

  1. 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.

J. TERMINATION

  1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

  2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our Website.

  3. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

K. DISPUTE RESOLUTION

  1. We are committed to adhering to the provisions of the Consumer Protection Act. In instances where a product is found to be defective within the Standard Warranty Period stipulated by the CPA, we will ensure the defect is addressed in accordance with the protections and rights granted to consumers under the act.

  2. Should a defect or issue arise with a product outside the Standard Warranty Period defined by the CPA, we will review the matter on a case-by-case basis. 

L. CHANGES TO TERMS OF SERVICE

  1. You can review the most current version of the Terms of Service at any time on this page.

  2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. 

  3. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

M. GOVERNING LAW

  1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.

N. OUR INFORMATION

  1. In terms of section 43 of the ECTA, we are obligated to make certain information available to you.

  2. Full Business name and legal status: Splash Out CC
    Registration Number: 96/11879/23.
    Main Business: Backpack and accessories designers, importers and wholesalers.
    Physical Address: No 4 Brett Park, 17 Jersey Drive, Longmeadow Business Estate, Johannesburg, Gauteng, 1609, South Africa
    Office Bearer: Michal Oster
    Website Address: www.totembags.co.za
    Official Email Address: info@totembags.co.za