TERMS & CONDITIONS

What is the POPI Act

Kamado Jan grills and all associated products must be used in accordance with the manufacturer’s regulations stipulated. Failure to comply with this regulation will negate the manufacturer’s warranty (and also potentially result in a safety hazard).

WARRANTIES

Please view full details of the warranty here https://kamadojan.co.za/warranty/

DISCLAIMER

While The Supplier takes reasonable measures to ensure that the contents of this Website are accurate and complete, The Supplier makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. The Supplier reserves the right to make changes, corrections, and/or improvements to the information and to the products and programs described in such information, at any time without notice.

The Supplier will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you.

Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

This website is owned by Calore Fireplaces & Stoves (Pty) Ltd, owner of the Kamado Jan brand.

By using, or making purchases on this website, you:

  • Understand and agree to all terms and conditions displayed on this site; and
  • agree to be bound by these terms and conditions, as well as, the policies.

Product listings and Pricing:

Any Kamado Jan products displayed on this website are subject to availability.

Kamado Jan reserves the right to remove, add or change specifications and/or pricing without prior notice, and may not be held liable in any way.

Specifications, colours, and/or descriptions are only intended as general information and are not binding.

Intellectual Property:

All intellectual property rights, trademarks, logos images, and or graphics remain the property of Kamado Jan and are protected by law from any unlawful copy or use.

Kamado Jan logo, and all other marks, logos, and trade names appearing on this Site are trademarks of either Kamado Jan, its holding company or affiliates in the Republic of South Africa, or of third parties who have authorized Kamado Jan to display such trademarks on the Site. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this Site without the express prior written consent of Kamado Jan. Your use of any of the trademarks displayed on the Site or in any of its contents is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute, or modify any of the trademarks appearing on this Site. You further undertake not to infringe any right of Kamado Jan or trademark owners in respect of such trademarks. The use of the trademarks on any other website or networked computer environment is prohibited.

UNLAWFUL USE

You shall not use this Site to send or post any message or material that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually orientated, racially offensive, profane, or which violates any applicable law and you hereby indemnify Kamado Jan against any loss, liability, damage or expense of whatever nature which Kamado Jan or any third party may suffer and which is caused by or attributable to, whether directly or indirectly, your use of the Site.

LINKS AND ADVERTISING

No person, business, or another website may link to any page on this Site without the prior written permission of Kamado Jan.

The use of, or reliance placed by you on any external links provided on this website is entirely at your own risk.

Any advertising and other promotional material that may be displayed on the Site from time to time shall not be interpreted as constituting any relationship between Kamado Jan and any third party placing such advertising or promotional material on the Site, nor as an endorsement by Kamado Jan of such third party. Any use of, or reliance placed by you on such material is entirely at your own risk.

DISCLAIMERS AND EXCLUSION OF LIABILITY

You expressly agree that the use of the Kamado Jan website is entirely at your own risk. The site and its contents are provided on an ‘as is’ and ‘as available’ basis and have not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Site meets your requirements, and is compatible with the hardware and/or software used by you.

Kamado Jan makes no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of Products and/or delivery arrangements and times.

Kamado Jan disclaims all representations and warranties including, but not limited to, warranties as to the availability, accuracy, or content of information, Products, or services, and warranties of merchantability or fitness for a particular purpose of information, goods, or services.

 

Kamado Jan does not warrant that the functions provided by the Site will be uninterrupted or error-free, or that the Site or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, Kamado Jan shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with Kamado Jan’s negligent acts or omissions or those of their employees, agents, representatives, sub-contractors or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the Products or services or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the Products or services.

Kamado Jan, its directors, employers, sub-contractors, agents, representatives, affiliates, and suppliers shall not be liable for any loss, damage (whether direct, indirect, or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Site (including any information contained thereon) or the Internet. You hereby indemnify Kamado Jan from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement and/or in relation to the receipt of Products or services supplied by Kamado Jan pursuant to any such order.

Notwithstanding any other provisions contained herein, Kamado Jan’s liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises.

By accessing this Site you warrant and represent to Kamado Jan that you are legally entitled to purchase the Products and that all the details you have provided are true and complete.

Information, ideas, and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Kamado Jan. You should consult professional advice before taking any course of action related to information, ideas, or opinions expressed on this Site.

GENERAL TERMS

Kamado Jan may, in its sole discretion, suspend or terminate the operation of this website at any time without prior notice to you and without the need to give you reasons for such termination or suspension.

We may change the terms of this Agreement from time to time without notice to you. Any amendments will take effect immediately on posting of the amendments on the Site. You shall be deemed to have accepted any changed terms should you continue to use the Site.

If any provision of this Agreement is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.

This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by Kamado Jan to you shall not be construed as a waiver or variation of any of our rights or remedies.

At the option of Kamado Jan, any dispute arising out of the Agreement may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.

The Site is hosted and managed in the Republic of South Africa and this Agreement is accordingly governed by the laws of the Republic of South Africa.

Any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this Agreement, may be submitted to confidential arbitration in Cape Town, South Africa in terms of the expedited rules of the Arbitration Foundation of Southern Africa.

Kamado Jan chooses its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents at 24 Transvaal Street, Paarden Eiland, Cape Town, 7405 and marked for the attention of the Managing Director.

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