Kat van Duinen (‘Kat van Duinen’, ‘KVD’, ‘we’, ‘us’, the ‘brand’) is a trading name of Kat van Duinen Design (Proprietary) Limited, registered in South Africa (2010/003501/07). Kat van Duinen’s registered address is Shop 101A, The Old Biscuit Mill, Albert Road, Woodstock, Cape Town, 7925, South Africa. Kat van Duinen’s VAT number is 4550262416.
Except as otherwise agreed to in writing, all online purchases and transactions for the supply of the Products by Kat van Duinen (Proprietary) Limited (‘Kat van Duinen’), as well as all usage of the www.katvanduinen Website (‘Site’), shall be subject to the following terms and conditions. All terms and conditions of sale shall be interpreted subject to South Africa’s CPA and the Credit Act.
1.1 “Affiliate” means any person, firm or corporation which is a subsidiary, parent or affiliate of Kat van Duinen or the successor to Kat van Duinen by a merger or by a transfer of a substantial amount of Kat van Duinen’s assets;
1.2 ‘CPA’ shall mean the Consumer Protection Act 68 of 2008;
1.3 ‘Credit Act’ shall mean the National Credit Act 34 of 2005;
1.4 ‘Customer’, ‘User’, ‘Client’, or ‘Browser’ shall mean all persons, natural or otherwise, who purchase the Products subject to these terms and conditions and shall include all end users of the Products;
1.5 ‘Products’ shall mean all items including services presently being offered for sale online by Kat van Duinen including, but not limited to, clothing, headwear, footwear, accessories and handbags;
1.6 ‘On-Line Portal’, ‘Website’ or ‘Site’ mean the online interface through which online purchases of the Products are facilitated, which interface is accessible at www.katvanduinen.com;
1.7 ‘Returns’ means any return of any Products whether for exchange or refund for whatsoever reason;
1.8 ‘Policies’ means the various Kat van Duinen policies, which form part of this Agreement and which will be updated from time to time.
2.1 All Customers shall be bound by these standard terms and conditions of sale in all transactions relating to all purchases of the Products using the On-Line Portal, as well as any other activity or usage related to the Site.
3.1 The Customer’s use of the Site grants the Customer no rights concerning any copyright, designs, trademarks and other intellectual property and material rights relating to the Content. All Content is protected by national and international intellectual property laws and regulations.
3.2 The Customer is permitted to use the Content only as authorized by Kat van Duinen in writing. Any reproduction or redistribution of the above listed Content is prohibited.
3.3 Kat van Duinen does its best to ensure that the information on the Site is accurate, however Kat van Duinen does not promise that the Content is error-free. Kat van Duinen does not promise that the functional aspects of the Site or Kat van Duinen's Content will be error free or that this Site, Kat van Duinen Content or the server that makes it available are free of viruses or other harmful components. Kat van Duinen strongly recommends that the Customer and any Users have current anti-virus measures in place.
3.4 Opinions expressed on www.katvanduinen.com or via the Kat van Duinen newsletters and emails are the personal opinions of the authors and do not reflect the views of Kat van Duinen.
3.4 The Kat van Duinen website is for non-commercial use only. None of the content may be copied, modified, displayed, reproduced, published, transmitted or licensed, the Customer or User may not create derivative works from the Site and none of the Content may be used for the purposes of advertising and/or generating revenue of any kind without written permission from Kat van Duinen.
3.5 The Customer and/or User consents to be personally responsible for their use of the Site in every way. Violation of these Terms and Conditions, and any other activity considered misconduct or abuse at the discretion of Kat van Duinen may result in the Customer being banned temporarily or permanently from the Site. This ban may extend to any Kat van Duinen physical shops or stockists if Kat van Duinen deems this necessary.
3.6 Kat van Duinen may include links, content or resources created or managed by third parties. Kat van Duinen does not guarantee that it has monitored and checked this content prior to posting, sharing, publishing or referring to it and accepts no responsibility for the content, safety, privacy or accuracy of this content and hyperlinks. By including third-party content, Kat van Duinen does not endorse the views, ideology, history, imagery or practices of the relevant third party.
3.7 The Customer agrees that no joint venture, partnership, employment, or agency relationship exists between them and Kat van Duinen as a result of the Terms and Conditions or use of this Site. The Customer agrees not to consider or portray themselves as a representative, agent, or employee of Kat van Duinen, and Kat van Duinen shall not be liable for any representation, act, or omission on the Customer and/or User’s part.
4.1 Some of the services provided on this website require the Customer to register. Even when using the website and its services as a Guest User, the Customer is required to provide information about themselves that is true, accurate, current and complete in all respects. Should any of this information change, it is the Customer’s responsibility to notify Kat van Duinen via email@example.com.
4.2 Kat van Duinen reserves the right to alter registration and Guest User requirements as and when needed. Any account passwords created and utilized are the Customer’s responsibility to keep safe and secure. If a Customer is concerned about their account security or fear it may be breached, it their responsibility to advise Kat van Duinen of this via firstname.lastname@example.org.
4.3 As a user of the website, in any way that engages with Kat van Duinen, the Customer agrees that they are over 18 years of age, and are the account or card holder of any payment facilities provided. The Customer also agrees to having a valid email address that they monitor regularly, and to being able to provide any information requested by Kat van Duinen in order to complete a function on the site.
4.4 By placing or requesting to place an order, the Customer is giving Kat van Duinen permission to undertake any background or credit check required before authorizing a payment and delivery. This includes obtaining information from third parties in order to confirm a Customer’s identity, payment information provided, any given details and credit history.
4.5 The Customer agrees that Kat van Duinen may use personal Information provided to conduct anti-fraud checks. Personal Information provided may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
5.1 All orders are subject to acceptance and availability, and items in a Customer’s shopping basket may be purchased by other customers until final payment has been processed and a confirmation email has been received from Kat van Duinen.
5.2 Kat van Duinen may offer products that are out of stock, or that have recently become out of stock and have not yet been clearly displayed as so. Therefore there is the possibility of making an Advance Payment for some items. Advance Purchases will be subject to unique delivery lead times dependent on when stock becomes available, which will vary from product to product. A Customer’s rights regarding Advance Purchase are the same as those for any other purchase at Kat van Duinen.
5.3 Kat van Duinen may, on occasion, be unable to deliver Advance Payment merchandise. In these circumstances the Customer will be notified by email and refunded the Advance Payment.
5.4 Product prices are set using currency exchange rates at the time of price creation. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted. The final amount billed to the Customer will be in accordance with the applicable exchange rate on the day the Customer’s card issuer processes the transaction, working on the Customer’s currency of payment against the rate of exchange to the South African Rand at the time the payment transaction is formally completed.
6.1 Once a Customer has placed an order, the Customer will be sent an email acknowledging receipt of the order details. This email does not serve to confirm the Customer’s order, merely acknowledge receipt of the order request placed.
6.2 Unless the Customer cancels their order within the accepted five-day ‘Cooling Off’ period, acceptance of the Customer’s order and completion of the contract between the Customers and Kat van Duinen will be completed on receipt of payment in full and Kat van Duinen has emailed to confirm completion of payment. Neither Kat van Duinen’s third party payment processor nor our nominated courier has the authority to accept an order on behalf of Kat van Duinen.
6.3 Kat van Duinen reserves the right not to accept a Customer’s order at Kat van Duinen’s sole discretion. Kat van Duinen will not be liable to a Customer or any third party by reason of Kat van Duinen withdrawing any merchandise from the Site.
6.4 Whilst every effort is made to make sure details are correct, Kat van Duinen may discover an error in the pricing, description or imagery of products, as well as delivery costings and lead times. Kat van Duinen will inform the Customer of an error directly via email, and Kat van Duinen shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. In this instance, the Customer has the right to cancel their purchase, and will be refunded the full amount paid. In the event that Products are recalled in transit, Kat van Duinen will process the Customer refund on safe return of Products.
7.1 Kat van Duinen Design reserves the right to reasonably decline any order and/or to suspend delivery and/or to decline to supply ordered Products to the Customer subject to the reimbursement of any purchase price already advanced by the Customer in the event of non-delivery.
7.2 According to the South African Consumer Act, the Customer has the right to a five-day ‘Cooling Off’ period, during which the Customer may cancel their purchase without giving an explanation or incurring loss. This ‘Cooling Off’ period begins from the time that the Customer receives an email from Kat van Duinen confirming receipt of an order. The five days in the ‘Cooling Off’ period are counted as business days.
7.3 Kat van Duinen reserves the right to monitor repeated cancellations from one Customer and to refuse to service to a Customer who cancels orders repeatedly, at Kat van Duinen’s discretion.
7.4 Refunds on legitimately cancelled orders will be made at the earliest convenience of Kat van Duinen, and never before any dispatched Product has been returned in good order. Product returned as a result of Cancellation are subject to the same terms of being returned in perfect condition as per all Returns laid out in these Terms and Conditions.
8.1 Kat van Duinen accepts Visa, MasterCard and Maestro cards, and any other methods which may be clearly advertised on the Site, including certified Kat van Duinen Gift Cards. Cheques and EFTs are not accepted.
8.2 The Customer confirms that the credit/debit card or any other form of payment being used theirs or that they have been specifically authorised by the owner to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
8.3 If the issuer of your payment card refuses to authorize payment to Kat van Duinen, Kat van Duinen will not be liable for any delay or non-delivery.
8.4Kat van Duinen takes reasonable care to make our Site secure. All payment transactions on this site are processed using PayPal, a secure online payment gateway that encrypts Customers’ card details in a secure host environment.
8.5 If a Customer is a registered Kat van Duinen Site user, Kat van Duinen will securely store their credit/debit card details on our systems. These details will be fully encrypted and only be used to process transactions the Customer has initiated.
8.6 Kat van Duinen takes reasonable care, in so far as it is in Kat van Duinen’s power to do so, to keep the details of a Customer’s order and payment secure, but in the absence of negligence on Kat van Duinen’s part, Kat van Duinen cannot be held liable for any loss the Customer may suffer if a third party procures unauthorized access to any data the Customer provides when accessing or ordering from the Site.
9.1 Gift Cards are valid for 12 months from date of purchase unless otherwise specified on the Gift Card.
9.2 Gift Cards can be redeemed against all products on the www.katvanduinen.com Site and at the Kat van Duinen flagship boutique in person (Shop 101A, The Old Biscuit Mill, Albert Road, Woodstock, Cape Town, South Africa).
9.3 Gift Cards are non transferable and may not be returned or redeemed for cash.
9.4 If the Customer’s order total is less than the value of the Gift Card, the unused balance will remain on the Customer’s Gift Card account and can be redeemed against subsequent orders. The Customer will not receive change in the form of cash or any other kind of payment.
9.5 If the Customer’s order exceeds the value of the Gift Card, all remaining balances exceeding the value of the Customer’s Gift Card must be paid by credit or debit card, or by cash for purchases are made at the Kat van Duinen flagship boutique.
9.6 Only one Gift Card may be used per purchase on www.katvanduinen.com.
9.7 If the Customer returns products purchased using a Gift Card, the Customer will receive refund credit via a Gift Card only.
9.8 Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
9.9 Kat van Duinen is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
9.10 Kat van Duinen is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
9.11 Kat van Duinen reserves the right to cancel a Gift Card if Kat van Duinen deems such action necessary.
9.12 Promotional codes cannot be applied to the purchase of Gift Cards.
9.13 Sales tax and shipping is applicable on any products purchased with a Kat van Duinen Gift Card.
9.14 Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
Ordering your beautiful Kat van Duinen purchase online is easy, and we’ll deliver to you! Our aim is to ensure that orders are delivered within 7-14 working days, depending on your location and Product availability.
If an item you've bought is out of stock, you may encounter a longer wait for delivery; restocking can take up to eight weeks prior to delivery. Please be patient – manufacturing luxury goods to the highest of quality takes time and care.
10.1 Kat van Duinen ships online purchases nationally and internationally. Please note, delivery does not include customs charges. If a Customer orders from outside South Africa, they may incur customs charges on delivery of their purchase, since all Kat van Duinen international (non-South African) deliveries are DDUs (Delivery Duty Unpaid), which means that product prices displayed are exclusive of all taxes and duties. As the recipient, the Customers accepts liability for all import duties, customs and local sales taxes levied by the country the Customer has requested to ship to. Payment of these amounts by the Customer will be necessary to release the purchase from customs on arrival.
10.2 Although Kat van Duinen offers a Customs Calculator to estimate these costs for the Customer on its Site, this calculation represents a rough estimate only and Kat van Duinen is unable to confirm these costs on order. By confirming an order, the Customer consents to the responsibility of paying any additional costs to release their delivery on arrival.
10.3 The Customer is also consenting to the term that Kat van Duinen will not offer a refund nor a replacement product should the Customer fail to pay any taxes or duties, and that the loss of any product as a result will be the Customer’s responsibility. Kat van Duinen is not responsible for customs charges and additional taxes, and will not refund orders if the Customer are unable to cover these charges. Customs charges differ from country to country; the Customer is advised to check their country's charges before ordering.
10.4 Please also note that every country and state has individual laws regarding the import of exotic-leather items. It is the Customer’s responsibility to check the local laws governing the area of their chosen delivery address, and to ensure they are ordering products that can be legally imported to their chosen delivery address. Kat van Duinen will take no responsibility nor offer any refunds for items destroyed or banned from being forwarded to the given delivery address due to laws governing the import of exotic-leather and/or animal goods.
10.5 Although Kat van Duinen shall endeavor to deliver all Products in accordance with a Customer’s specified delivery requirements, Kat van Duinen shall not be bound to such delivery requirements.
10.6 Kat van Duinen shall not be liable in any manner whatsoever for failure of or delay in delivery of any Products, save for the reimbursement of any purchase price already advanced by the Customer in the event of non-delivery.
10.7 Kat van Duinen shall, at its sole discretion, be entitled to invoice Customers for part deliveries of any Products ordered and partially delivered.
10.8 Kat van Duinen shall not be liable for failure to deliver Products should the failure be the result of strike action involving either Kat van Duinen staff or any suppliers/companies involved in the delivery of any Products, acts of God, freak weather, power failures.
10.9 When effecting delivery to the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the Kat van Duinen representative making delivery. Should the Customer nominate that the delivery be taken by a third party, this responsibility falls onto the third party, for which Kat van Duinen takes no responsibility or liability.
10.10 Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery.
10.11 If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer’s agent for purposes of these terms and conditions.
10.12 In the event of short delivery the Customer shall forthwith upon delivery endorse Kat van Duinen’s copy of the delivery note specifying details of the short delivery and thereafter within three (3) days of such delivery the Customer shall lodge a claim with Kat van Duinen in respect of such short delivery.
10.13 In the event that the Products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse Kat van Duinen’s copy of the delivery note detailing the damage or defects to the Products and the Customer shall within three (3) days of such delivery notify Kat van Duinen of such damage or defects in the Products delivered, following which the Returns Policy shall be followed.
10.14 On compliance by the Customer with the above terms and provided Kat van Duinen agrees with the information supplied by the Customer, Kat van Duinen Design will or may apply for a credit, subject to the provisions of the Returns Policy.
10.15 Subject to the CPA, and notwithstanding the provisions of this policy, Kat van Duinen shall not be liable to the Customer for any loss or damage occasioned by reason of the circumstances set out above.
10.16 Should the Customer alter delivery details after placing their order, Kat van Duinen reserves the right to alter delivery costs accordingly.
10.17 Although reasonable care shall be taken, Kat van Duinen accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person, at the delivery address, accepts delivery of the order and Products.
10.18 For purposes of this clause, “Kat van Duinen” shall include any Affiliate, agent or independent contractor who may effect delivery on behalf of Kat van Duinen, which shall also include the South African Postal service.
11.1 Kat van Duinen hereby reserves its right to ownership of all Products ordered, whether delivered or not, until the Products have been fully paid for by the Customer.
12.1 Upon delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer, notwithstanding that ownership in the Products may remain vested in Kat van Duinen.
Kat van Duinen agrees to the exchange or refund of Products purchased and received by the Customer, provided that the following provisions apply:
13.1 All Returns of Products to any physical retail outlet will be accepted free of charge, provided that the relevant retail outlet continues to stock the Products being returned.
13.2 In instances where Products are being returned via the South African Post Office (SAPO) or via courier, the Customer shall be responsible for payment of any fees levied for the relevant service.
13.3 Under no circumstances shall the Customer be entitled to reimbursement of any costs incurred for initial delivery of the Products being returned.
13.4 Any refund or issuing of credit to the Customer will only take place once Kat van Duinen has received and processed the return of the Products.
13.5 Kat van Duinen shall exercise its own discretion as to the means used to refund all Customers including, but not limited to, cash, gift cards (electronic or otherwise) or by crediting the relevant Customer’s account or applicable credit or debit card.
13.6 Kat van Duinen shall not be liable for any delivery costs incurred by Customers returning any Products. Cost of returns will for the Customer’s account.
13.7 Returns or exchanges are not offered under any circumstance on marked down or sale items, or on personalized items.
13.8 Exchanges on items that are sized (garments that are not One Size Fits All) may be exchanged should they not fit the Customer, however the cost of delivery to return the original Purchase will be for the Customer’s account, and delivery costs incurred to deliver a new Product in a new size will be charged to the Customer as per a new or separate order. Exchanges must be conducted via email to email@example.com. Customers must liaise via email regarding their exchange or return before returning their Product in order to confirm that their exchange or return will be accepted. It is the Customer’s responsibility to this in advance in order to avoid unnecessary costs, rejected exchanges or returns and disappointment.
13.9 If you are based in South Africa, according to The Consumer Protection Act, you have the right to cancel your order within five business days after placing it, known as the ‘Cooling Off’ Period without providing a reason or incurring loss. This ‘Cooling Off’ Period begins from the first business day after which you receive via email confirmation of your order. To exercise your right to cancel, you must inform Kat van Duinen in writing by email to firstname.lastname@example.org, clearly stating your order information. The email must be sent within the ‘Cooling Off’ Period to be valid.
13.10 Items should be returned unused and with all Kat van Duinen tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the Customer at the Customer’s cost and/or a refund refused. Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with the Customer’s return.
13.11 Kat van Duinen reserves the right to monitor repeated returns from the same Customers and to refuse to service Customers with a repeat-return history.
14.1 Kat van Duinen makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded.
14.2 All Products supplied by Kat van Duinen shall be suitable only for the purpose designed and intended and the Customer warrants that he/she shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a proper manner and where applicable, in a manner consistent with the instructions given by Kat van Duinen.
14.3 No claim shall lie against Kat van Duinen arising out of or in connection with any defects in, or unsuitability of the Products.
14.4 Customers are expected to read and be familiar with any Care Guides provided for on the Kat van Duinen Site, as well as communicated via any form of correspondence, including but not limited to email, receipts, swing tags and labels on products or packaged with products, and to abide by these. Kat van Duinen will not be liable for or required to refund or replace any damage or loss of Products due to failure of the Customer to adhere to these Care Guides.
14.5 Where a Customer involves a third party to clean, repair or make any other kind of adjustment or alteration to a Product, not approved in writing prior by Kat van Duinen, Kat van Duinen will not be liable for the outcome nor for any damage to or loss of Product. Third party involvement such as this releases Kat van Duinen from any kind of warranty or liability attached to the Product, regardless of how long the Customer has been in possession of the Product since initial purchase.
15.1 Without derogating from the generality of any of the provisions hereof, Kat van Duinen shall not at any time be liable for any claims of whatsoever nature and howsoever arising for direct or consequential loss or damage which may be sustained by the Customer or any other person in connection with the use of the Products and the Customer hereby indemnifies Kat van Duinen against all such claims.
16.1 The Customer waives any right of set off the Customer might have against Kat van Duinen in respect of any amount which may now or in the future be or become owing by Kat van Duinen to the Customer.
16.2 The Customer agrees and acknowledges that it shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which Kat van Duinen may bring against the Customer for the enforcement of its rights, whether in respect of credit facilities extended by Kat van Duinen to the Customer or otherwise.
17.1 Any claim the Customer may at any time have arising wholly or partially out of or in connection with the disposal by it of the Products, or certain of them, shall be deemed to have been ceded to Kat van Duinen as security for the Customer’s obligations hereunder.
18.1 No agreement, whether to supplement, vary, add to or cancel these terms and conditions shall be of any force or effect unless reduced to writing and signed by or on behalf of the both parties subject to these terms and conditions.
18.2 These standard terms and conditions of sale shall supersede any conflicting clauses or conditions whether verbal or otherwise contained in any Customer documents.
19.1 No indulgence which Kat van Duinen may grant to the Customer shall in any way be deemed to affect, prejudice or derogate from the rights of Kat van Duinen, nor shall such indulgence constitute a waiver or novation of any of the rights of Kat van Duinen which shall not thereby be precluded from exercising any rights against the Customer which may have arisen in the past or which may arise in the future.
20.1 Kat van Duinen and the Customer agree to keep information that they receive from one another confidential by using the same degree of care that they would otherwise use to protect their own confidential information. Kat van Duinen will not disclose any Customer’s confidential information to anyone else, unless the Customer allows Kat van Duinen to do so. The Customer agrees to do the same with any confidential information received about Kat van Duinen. Kat van Duinen can, however, disclose the Customer’s confidential information to Kat van Duinen’s employees and contractors who require the information in order to perform their obligations in terms of this agreement. This includes disclosing a Customer’s information to third parties for the purposes of background and credit checks prior to authorizing orders.
20.3 Submission of any private details by a Customer is done so with the understanding that the Customer has read and consented to these Terms and Conditions in full.
20.4 By providing personal information of any kind, the Customer consents to the storage of this information by Kat van Duinen. Should a customer wish to revoke this, the Customer should make a written request to email@example.com.
20.5 Saved card and/or payment details will never be shared with third parties unless for the purposes of a credit check.
20.6 Any telephone calls made to Kat van Duinen may be recorded for the purposes of quality control, record keeping and training. By telephoning Kat van Duinen, the Customer consents to the storing of this information.
20.8 All marketing and newsletter functions on the Kat van Duinen Site offer opt-out or unsubscribe functions that the Customer is free to utilize at their discretion.
20.9 Kat van Duinen reserves the right to share the Customer’s private information, both within the Kat van Duinen company and to third parties, for the purposes of processing, managing and delivering an order, tracking an order, refunding or returning or exchanging an order, following up on an order, for fraud, background and credit checks, when there is a legal obligation to do so, to collate site traffic and sales information and trends, and for marketing and demographic studies conducted for internal purposes.
20.10 Kat van Duinen will never sell the Customer’s personal information to third party marketing agencies or companies.
21.1 Either party shall be entitled to cancel any contract concluded between them which contract is subject to these terms and conditions summarily if the other party commits a material breach of its obligations and, provided the breach is capable of being remedied, fails to remedy the breach within 7 (seven) days of receiving written notice to do so.
21.2 Neither party’s remedies under the above clause shall be exhaustive and each such remedy shall be in addition and without prejudice to any of the remedies which the party may have whether or not expressly provided for in these terms and conditions.
21.3 The cancellation or termination of any contract concluded between the parties which contract is subject to these terms and conditions for any reason shall be without prejudice to any obligation by either party to the other which shall have accrued and become owing at the time of the cancellation or termination
21.4 If the Customer breaches the Terms and Conditions and Kat van Duinen takes no action against the Customer, Kat van Duinen will still be entitled to use their rights and remedies in any other situation where the Customer breaches the Terms and Conditions.
22.1 In the event that any legal action is taken by Kat van Duinen against any Customer and Kat van Duinen is required to instruct a firm of attorneys to implement such legal action the Customer shall be liable for the payment of all legal costs incurred by Kat van Duinen in instituting such legal action.
23.1 All complaints can be directed via email to firstname.lastname@example.org, via telephone to +27 (0)21 447 6582 or in writing to Complaints at Kat van Duinen, Shop 101A, The Old Biscuit Mill, Albert Road, Woodstock, Cape Town, 7925, South Africa.
24.1 These terms and conditions and all transactions concluded in accordance with them will in all respects be governed by and construed under the laws of the Republic of South Africa.
24.2 In terms of section 45 of the Magistrate’s Court Act (MCA), the Customer agrees and consents to the jurisdiction of any Magistrates’ Court having jurisdiction in respect of the Customer or the claim in terms of section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by Kat van Duinen in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrates’ Court, provided that Kat van Duinen may, in its discretion, be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the Western Cape Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by Kat van Duinen in the event of Kat van Duinen exercising its rights in terms hereof.
25.1 The Customer chooses his/her domicilium citandi et execut andi at the shipping or delivery address as reflected in any invoice, failing which any other physical address of the Customer provided by the Customer.