1. Introduction & Acceptance of Terms
These Terms & Conditions ("Terms") govern your access to and use of the Lunatree website at lunatree.co.za (the "Website") and any purchase of goods you make through it. The Website is operated by [PLACEHOLDER: registered legal entity name, e.g. Lunatree (Pty) Ltd] ("Lunatree", "we", "us" or "our").
By accessing the Website, placing an order, or otherwise using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or place an order. These Terms do not limit any rights you may have under the Consumer Protection Act, 2008 ("CPA"), the Electronic Communications and Transactions Act, 2002 ("ECTA"), or any other applicable South African law.
2. Definitions
- "Consumer" means a natural or juristic person who acquires goods from Lunatree, as contemplated in the CPA.
- "Goods" means the products offered for sale on the Website.
- "Order" means a request submitted by you through the Website to purchase Goods.
- "Business day" means any day other than a Saturday, Sunday, or official public holiday in South Africa.
- "CPA", "ECTA" and "POPIA" mean, respectively, the Consumer Protection Act, 2008, the Electronic Communications and Transactions Act, 2002, and the Protection of Personal Information Act, 2013.
3. Company Information (ECTA Section 43)
The following information is provided in accordance with section 43 of ECTA:
- Registered legal name: [PLACEHOLDER: registered legal entity name, e.g. Lunatree (Pty) Ltd]
- Company registration number: [PLACEHOLDER: CIPC company registration number]
- VAT number: [PLACEHOLDER: VAT registration number, or state "not VAT-registered"]
- Website: lunatree.co.za
4. Ordering & Conclusion of Sale
The display of Goods on the Website is an invitation to do business and not an offer. When you submit an Order, you make an offer to purchase the Goods. We may accept or decline your Order for any lawful reason, including unavailability of stock or an error in pricing or product description.
An acknowledgement of your Order or receipt of payment does not by itself conclude a sale. A binding contract of sale is formed only when we dispatch the Goods to you. Where we are unable to fulfil all or part of an Order, we will notify you and refund any amount already paid for the affected Goods.
5. Pricing
All prices are shown in South African Rand (ZAR) and, where Lunatree is VAT-registered, are inclusive of Value-Added Tax. Delivery costs are additional and are calculated and displayed before you confirm your Order.
We take reasonable care to ensure prices are correct, but errors may occur. Where a pricing or typographical error is discovered, we reserve the right to correct it and to cancel any affected Order, even after it has been acknowledged. If an Order is cancelled for this reason, we will refund any amount you have already paid for the affected Goods.
6. Payment
We accept the following payment methods: [PLACEHOLDER: accepted payment methods, e.g. credit/debit card, EFT]. Payment is processed securely through our payment service providers, and we do not store your full card details. Goods are not dispatched until payment has been received in full and cleared.
7. Delivery
We deliver to the following regions within the expected lead times: [PLACEHOLDER: regions delivered to and expected delivery lead times]. Delivery time frames are estimates and are not guaranteed. Risk in the Goods passes to you on delivery.
If delivery is materially delayed, you may contact us to arrange an alternative or to cancel the affected Order for a refund, in line with your rights under the CPA.
8. Cooling-Off Right (ECTA Section 44)
As this is an electronic transaction, you have the right under section 44 of ECTA to cancel your Order without reason and without penalty within seven (7) days after the date you receive the Goods. Where you exercise this right, you are responsible for the cost of returning the Goods, and we will refund the amount paid (less the direct cost of returning the Goods) within 30 days of cancellation.
The statutory cooling-off right does not apply to certain Goods, including (among others) goods made to your specifications, goods that by their nature cannot be returned or are liable to deteriorate rapidly, and audio/video recordings or software unsealed by you. For the practical steps to return Goods, please see our Returns & Refunds Policy.
9. Returns, Defects & Refunds
Nothing in these Terms limits your rights under the CPA. You are entitled to Goods that are of good quality, in good working order, and free of defects. If Goods are defective or fail within six (6) months of delivery, you are entitled, at your choice, to a repair, replacement, or refund, as provided for in the CPA.
The mechanics for returning Goods, the applicable time frames, and who bears return shipping costs are set out in our Returns & Refunds Policy, which forms part of these Terms.
10. Customer Obligations & Acceptable Use
You agree to provide accurate and complete information when placing an Order and to use the Website only for lawful purposes. You may not use the Website in any way that damages, disables, or impairs it, attempts to gain unauthorised access to it, or interferes with any other person's use of it.
11. Intellectual Property
All content on the Website — including text, images, graphics, logos, and the Lunatree name and branding — is owned by or licensed to Lunatree and is protected by South African and international intellectual property law. You may not copy, reproduce, or distribute any of this content without our prior written permission, except as permitted by law.
12. Limitation of Liability
To the maximum extent permitted by South African law, including the CPA, Lunatree will not be liable for any indirect, incidental, or consequential loss arising from your use of the Website or the Goods. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for the non-excludable consumer rights guaranteed under the CPA.
13. Privacy
We process your personal information in accordance with POPIA and our Privacy Policy, which explains what information we collect, how we use it, and your rights in relation to it. Please review the Privacy Policy for details on data processing and cookies.
14. Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa. If a dispute arises, we encourage you to contact us first so that we can try to resolve it directly.
If we are unable to resolve the dispute, you may refer it to the Consumer Goods and Services Ombud (CGSO) or another competent authority. You also consent to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising from these Terms.
15. Changes to These Terms
We may update these Terms from time to time. The version published on the Website at the time you place an Order is the version that applies to that Order. We encourage you to review these Terms periodically.
16. Contact Details
If you have any questions about these Terms, please contact us or reach us directly:
