Terms of service

TERMS AND CONDITIONS — MIREVALA

South Africa

This website is operated by MIRELUNA LTD. By visiting our website and/or purchasing something from us, you use our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions" and "Terms"), including the additional terms and policies referred to herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including but not limited to visitors, suppliers, customers, merchants and/or contributors of content.

Nothing in these Terms limits the mandatory rights conferred on consumers by South African law, including but not limited to the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Protection of Personal Information Act 4 of 2013 ("POPIA") and the Consumer Protection Act Regulations, 2011. In accordance with section 51(1)(a)(i) of the CPA, no provision of these Terms purports to waive or deprive you of any right conferred by the CPA, and any provision that did so would be void to that extent.

NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT

Your attention is specifically drawn to the following provisions of these Terms, which limit our liability, place risk or responsibility on you, or require you to indemnify us. Please read them carefully before placing an order. If you do not understand any of them, contact us at info@thandaro.com before transacting.

Clause 8.1 and Clause 12 — prices exclude South African import VAT, customs duty and clearance charges. You import the goods and you pay those charges directly to SARS or the carrier. They are additional to the price you pay us.

Clause 12.3 and 12.4 — you act as the importer of record and are solely responsible for import formalities and import charges.

Clause 12.5 — we are not liable for import charges, or for delays, detention or non-delivery caused by a failure to meet import requirements or pay import charges.

Clause 15 — limitation of our liability for indirect and consequential loss.

Clause 17 — your indemnity to us, limited to wilful or grossly negligent conduct on your part.

These clauses appear in bold where they occur in the text below. Nothing in them limits our liability under section 61 of the CPA, or any other liability that cannot lawfully be limited.

SECTION 1 – TERMS OF WEBSITE USE

1.1 By accepting these Terms and Conditions you confirm that you are at least 18 years of age and have full legal capacity to contract. If you are a parent or guardian and you permit a minor to use the website, you are responsible for that minor's use of the website and for any obligations owed to us.

1.2 You may not use our products for any unlawful or unauthorised purpose, and you may not, in using the Service, breach any laws of your jurisdiction (including but not limited to copyright laws).

1.3 You may not transmit any worms, viruses or code of a destructive nature.

1.4 A breach or violation of any of the Terms may result in termination of your access to the Service in accordance with Section 19.

SECTION 2 – SUPPLIER IDENTITY AND DISCLOSURES

The following information is provided in accordance with section 43(1) of ECTA and section 2 of the CPA Regulations.

Company name: MIRELUNA LTD Legal status: Private limited company incorporated in England and Wales Company registration number (Companies House): 16937092 Trading name / brand: Mirevala Registered office and physical address for service of legal documents: 61 Bridge Street, Kington, Herefordshire, HR5 3DJ, United Kingdom Customer service email: info@thandaro.com Telephone: +44 7478 030974 Website: [TO BE COMPLETED] South African VAT registration: none — the Company is not a registered VAT vendor in South Africa and does not levy South African VAT (see Section 12) Membership of any self-regulatory or accreditation body: [TO BE COMPLETED — state "none" if not applicable] Applicable code of conduct: [TO BE COMPLETED — state "none" if not applicable] Information Officer for POPIA purposes: [TO BE COMPLETED — name and contact details]

SECTION 3 – GENERAL TERMS

3.1 We reserve the right to refuse service on reasonable and objectively justifiable grounds, provided that such refusal does not contravene the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, section 8 of the CPA, or any other applicable anti-discrimination or consumer protection provision.

3.2 You understand that your content (excluding payment card information) may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3.3 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 our express written permission.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

4.1 We strive to ensure that the information on this website is accurate, complete and current, but we cannot guarantee this in every case. The material on this website is provided as general information and should not be relied upon as the sole basis for a decision without consulting primary, more accurate, more complete or more current sources of information. This does not limit our obligations under sections 29, 40 and 41 of the CPA concerning false, misleading or deceptive representations.

4.2 This website may contain certain historical information. Historical information is not necessarily current and is provided for your reference only.

4.3 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 beyond what the law requires.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

5.1 Prices for our products are subject to change without notice. Such changes do not, however, affect orders that we have already confirmed.

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

5.3 We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except where such liability arises under a mandatory provision of law.

5.4 In accordance with section 23(6) of the CPA, we will not require you to pay more than the displayed price for any goods. Where a price is displayed in error and the error is obvious to a reasonable consumer, section 23(9) of the CPA applies.

SECTION 6 – PRODUCTS OR SERVICES

6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be returned or exchanged in accordance with Sections 16 and 16A and your mandatory rights under the CPA and ECTA.

6.2 We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your screen's display of any colour will be entirely accurate.

6.3 We reserve the right, but are not obliged, to limit the sale 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 products or services we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion, without affecting orders already confirmed. We reserve the right to discontinue any product at any time. Any offer of any product or service on this website is void where prohibited by law.

6.4 Products sold to consumers carry the implied warranty of quality set out in section 56 of the CPA, read with the rights to safe, good quality goods in section 55. Nothing in these Terms limits those rights. See Section 16A.

6.5 Delivery. In accordance with section 19(2) of the CPA, we will deliver the goods at the agreed date and time or, where no date and time has been agreed, within a reasonable time after concluding the transaction. If we fail to deliver at the agreed time, you may, in terms of section 19(3), accept delivery at the actual time or cancel the agreement without penalty and receive a full refund.

6.6 Risk of loss. In accordance with section 19(2)(c) of the CPA, risk of loss of or damage to the goods remains with us until you have accepted delivery. Handing the goods to a carrier, courier or postal service does not transfer risk to you. If goods are lost, destroyed or damaged before you accept delivery, you are entitled to a replacement or a full refund at your election. This clause applies notwithstanding your role as importer of record under Section 12, which concerns customs and tax formalities only and does not affect the passing of risk.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

7.1 We reserve the right to refuse orders you place with us on reasonable and objectively justifiable grounds. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order.

7.2 These restrictions may include orders placed by or under the same customer account, the same payment card and/or orders using the same billing and/or delivery address. In the event that we change or cancel an order, we will notify you by contacting the email address and/or billing address or telephone number provided at the time the order was placed, and any payment already made will be refunded in full without undue delay. We reserve the right to limit or prohibit orders that, in our judgement, appear to be placed by resellers or distributors.

7.3 You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to update your account and other information, including your email address and payment card details and expiry date, so that we can complete your transactions and contact you as needed.

7.4 You must provide accurate delivery information and any identification or tax reference details required by the South African Revenue Service ("SARS") for the clearance of imported goods. Orders cannot be cleared without this information.

SECTION 8 – PRICE

8.1 All prices for products displayed on the website are quoted strictly exclusive of South African value-added tax (VAT), import duties, customs clearance charges and any other local taxes or charges applicable in the country of destination. Because the Company does not levy VAT on these sales (see Section 12), you are solely responsible for all such import-related costs. These costs are additional to the price you pay us and are payable by you directly to SARS or to the delivering carrier.

8.2 The existence, nature and method of collection of these import charges is disclosed to you before you complete your order, in accordance with section 22 (plain language) and sections 40 and 41 of the CPA.

8.3 Notwithstanding the preceding paragraph, the Company may offer products or services at variable prices linked to fluctuations in financial markets over which the Company has no control. This dependence on market fluctuations and the fact that any prices quoted may be indicative prices will be clearly stated in the offer.

8.4 Price increases within 3 months of conclusion of the agreement are permitted only if they result from legislation or regulations.

8.5 Price increases occurring more than 3 months after conclusion of the agreement are permitted only if the Company has agreed to this and: (a) they result from legislation or regulations; or (b) the consumer is entitled to cancel the agreement with effect from the date the price increase takes effect.

8.6 All prices are displayed in [CURRENCY — TO BE COMPLETED]. Where prices are displayed in a currency other than South African Rand, the amount charged to your payment card will be converted by your card issuer at its prevailing rate, and any conversion fee is a matter between you and your issuer.

SECTION 9 – OPTIONAL TOOLS

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

9.2 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, to the extent permitted by mandatory law. We have no liability arising from your use of optional third-party tools, beyond what follows from mandatory law.

9.3 Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

9.4 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 and Conditions.

SECTION 10 – THIRD-PARTY LINKS

10.1 Certain content, products and services available via our Service may include materials from third parties.

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

10.3 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 third-party websites, beyond what follows from mandatory law. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

11.1 If, at our request, you send certain specific submissions (for example competition entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "comments"), you grant us a non-exclusive, royalty-free, worldwide licence to edit, copy, publish, distribute, translate and otherwise use in any medium such comments. Your moral rights under the Copyright Act 98 of 1978 are respected and cannot be transferred by these Terms. We are under no obligation: (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

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

11.3 You agree that your comments will not violate any right of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory 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.

11.4 We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 12 – IMPORT AND VAT

12.1 Origin of shipment. You acknowledge that all goods ordered through this website are shipped directly by a third-party supplier located outside South Africa. The goods do not enter South African commerce through the Company as importer.

12.2 Place of supply and VAT. In terms of the Value-Added Tax Act 89 of 1991, the supply of these goods takes place outside South Africa. The Company is not a registered VAT vendor in South Africa and accordingly does not levy South African VAT on the sale of these goods. The prices displayed are therefore net of any VAT or import duties.

12.3 Customer as importer of record. You act as the importer of record for the goods into South Africa. You are solely and fully responsible for compliance with all import formalities and requirements of SARS and any other competent authority, including any importer registration, importer code or declaration requirements that apply to you.

12.4 Customer's sole responsibility for import charges. You expressly acknowledge and agree that you are solely responsible for the declaration and payment of all applicable import charges on arrival of the goods in South Africa. This includes, but is not limited to: (a) import VAT at the rate applicable in South Africa, calculated by SARS on the added tax value of the consignment; (b) customs duties, tariffs or levies; (c) customs clearance fees, brokerage fees or administrative charges levied by SARS or by the postal or courier service.

These charges are usually collected from you by the delivering postal or courier service before or at the time of delivery. The Company is not involved in the assessment or collection of these import charges and does not receive any part of them.

12.5 No liability for import charges or delays. The Company shall under no circumstances be liable for any import VAT, customs duties, taxes or levies imposed on the goods, nor for any delays, detention, seizure or non-delivery resulting from your failure to comply with import requirements or to pay the required import charges. This clause does not limit our obligations under Section 6.5 (delivery) or Section 6.6 (risk of loss), and does not apply where the delay or non-delivery is caused by our own act or omission, by the carrier acting on our instructions, or by incorrect or incomplete documentation supplied by us.

12.6 Documentation. We will provide you, on request, with the commercial invoice and any other documentation reasonably required to support your import declaration or any refund claim you may make to SARS.

12.7 Refunds and import charges. Where you cancel an order or return goods, our refund covers the amount you paid to us. Import VAT, duties and clearance charges that you paid directly to SARS or the carrier were not received by us; any refund of those amounts must be claimed from SARS under the applicable refund procedure, and we will supply the documentation referred to in clause 12.6 to support such a claim.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

13.1 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, shipping charges, delivery times and availability.

13.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice if any information in the Service or on any related website is inaccurate (including after you have submitted your order). If we cancel an order, any payment you have made will be refunded in full without undue delay.

13.3 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 date 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.

SECTION 14 – PROHIBITED USES

14.1 In addition to other prohibitions set out in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or local regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) 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.

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

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

15.1 We do not warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

15.2 We reserve the right at any time to remove the Service for an indefinite period or to discontinue the Service without notice to you.

15.3 The Service and access to the website are provided "as is" and "as available", without any representations, warranties or conditions of any kind, either express or implied, to the extent permitted by mandatory law. This disclaimer does not apply to products sold to consumers, which are subject to the mandatory quality and safety rights in sections 55 and 56 of the CPA (see Section 16A).

15.4 To the extent permitted by mandatory law, neither we nor our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall be liable for any indirect, consequential or special damages, including without limitation lost profits, lost revenue, lost savings or loss of data, arising from your use of the Service or of products acquired using the Service.

15.5 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; (d) liability under section 61 of the CPA (harm caused by goods that are unsafe, defective, hazardous or inadequately labelled), which imposes liability irrespective of negligence on producers, importers, distributors and retailers; (e) breach of the mandatory consumer protection provisions of the CPA or ECTA; or (f) any other liability that cannot be excluded or limited under mandatory South African law.

15.6 Section 51 of the CPA. Any provision of these Terms that would constitute a prohibited term under section 51 of the CPA is void to that extent and severable under Section 18, without affecting the remainder of these Terms.

15.7 For the avoidance of doubt, your role as importer of record under Section 12 relates to customs and tax formalities only. It does not make you the "importer" for the purposes of section 61 of the CPA, and it does not relieve us of our liability as supplier, distributor or retailer under that section or under sections 55 and 56.

SECTION 16 – COOLING-OFF AND CANCELLATION RIGHTS

16.1 Cooling-off right under ECTA. In terms of section 44 of ECTA, you may cancel this transaction without reason and without penalty within seven (7) days after the date of receipt of the goods. You are not required to give any reason for the cancellation.

16.2 Cooling-off right under the CPA (direct marketing). Where the transaction resulted from direct marketing, you may, in addition and in terms of section 16 of the CPA, rescind the transaction within five (5) business days after the later of the date the transaction was concluded or the date the goods were delivered. Where both this clause and clause 16.1 apply, you may rely on whichever is more favourable to you.

16.3 How to exercise. To exercise your right, notify us of your decision by any unambiguous means (for example letter or email). You may use the form in clause 16.8, but you are not required to do so. Notice should be sent to:

MIRELUNA LTD Email: info@thandaro.com Postal address: 61 Bridge Street, Kington, Herefordshire, HR5 3DJ, United Kingdom

It is sufficient that you send your notice before the applicable period expires.

16.4 Refund. If you cancel, we will refund all payments received from you, including the delivery costs charged by us (except any additional costs arising because you chose a delivery method other than the least expensive standard delivery we offer), within thirty (30) days of the date of cancellation, as required by section 44(2) of ECTA. Where the CPA cooling-off right in clause 16.2 applies, we will refund within fifteen (15) business days of receiving the returned goods, as required by section 16(4)(b) of the CPA. Refunds are made using the same payment method you used for the original transaction unless you expressly agree otherwise. No charge will be levied against you as a result of the refund. Refunds cover amounts paid to us; see clause 12.7 regarding import charges paid directly to SARS or the carrier.

16.5 Return costs and procedure. You must return the goods without undue delay. In terms of section 44(1) of ECTA, the only charge that may be levied against you is the direct cost of returning the goods. Because the goods are shipped directly by a third-party supplier outside South Africa (see Section 12), return instructions including the applicable return address will be provided to you once you have notified us of your decision to cancel.

16.6 Condition of returned goods. In terms of section 20(5) of the CPA, we may charge you a reasonable amount for any consumption or depletion of the goods, and for the use of the goods beyond what was necessary to establish their nature, characteristics and functioning.

16.7 Exclusions. In terms of section 42(2) of ECTA, the cooling-off right in clause 16.1 does not apply to, among other things:

(a) goods which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly — this includes food supplements and similar health products where the inner or outer seal has been broken after delivery; (b) goods made to the consumer's specifications or clearly personalised; (c) the other categories listed in section 42(2) of ECTA.

Nothing in this clause limits your rights under sections 55, 56 or 20 of the CPA in respect of goods that are defective, unsafe or not as described. Those rights are set out in Section 16A and apply even where the seal has been broken.

16.8 Cancellation form. You may use the following form to exercise your right:

To: MIRELUNA LTD, 61 Bridge Street, Kington, Herefordshire, HR5 3DJ, United Kingdom — info@thandaro.com

I/We () hereby give notice that I/we () cancel my/our () contract of sale of the following goods ()/for the supply of the following service (*):

Ordered on ()/received on (): Name of consumer(s): Address of consumer(s): Order number: Signature of consumer(s) (only if this form is notified on paper): Date:

(*) Delete as appropriate.

SECTION 16A – QUALITY, DEFECTS AND THE IMPLIED WARRANTY (CPA)

16A.1 Right to safe, good quality goods. In terms of section 55 of the CPA, you have the right to receive goods that are reasonably suitable for the purposes for which they are generally intended, of good quality, in good working order and free of defects, usable and durable for a reasonable period, and compliant with any applicable standards.

16A.2 Implied warranty of quality. In terms of section 56 of the CPA, there is an implied warranty that the goods comply with the requirements of section 55. If the goods fail to satisfy those requirements within six (6) months after delivery, you may return the goods to us, at our risk and expense, and you may choose whether we: (a) repair or replace the goods; or (b) refund the price you paid. We may not impose your choice on you.

16A.3 Repeat failure. If we repair goods and the same or a further defect occurs within three (3) months of that repair, we will replace the goods or refund the price, in terms of section 56(3) of the CPA.

16A.4 Returns under section 20. Separately from clause 16A.2, you may return goods to us in the circumstances set out in section 20 of the CPA, including where the goods do not match the sample or description, or where you did not have an opportunity to examine them before delivery and they are not of the type or quality reasonably contemplated.

16A.5 Product liability. In terms of section 61 of the CPA, producers, importers, distributors and retailers are liable for harm caused by supplying unsafe goods, product failure, defects or hazards, or inadequate instructions or warnings, irrespective of whether negligence is proved. Nothing in these Terms limits that liability.

16A.6 How to claim. Claims should be sent to our customer service at info@thandaro.com with a description of the defect and your order details. We will respond without undue delay.

16A.7 This Section 16A does not limit your statutory rights and must be interpreted in light of the mandatory provisions of the CPA.

SECTION 17 – INDEMNIFICATION

To the extent consistent with mandatory law, you agree to indemnify, defend and hold harmless Mirevala and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party arising out of or as a result of your wilful or grossly negligent breach of these Terms and Conditions or the documents they incorporate by reference, or your wilful or grossly negligent violation of any law or the rights of a third party. This provision does not apply to ordinary good-faith use of the Service by a consumer, and does not apply to any matter for which we are liable under sections 55, 56 or 61 of the CPA.

SECTION 18 – SEVERABILITY

If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable — including by operation of section 51 of the CPA — that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION

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

19.2 These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. Termination does not affect rights and obligations relating to orders already confirmed.

19.3 If you materially breach these Terms and Conditions, we may terminate your access to the Service on reasonable notice, or immediately if the breach cannot reasonably be remedied. You remain liable for all amounts due up to and including the date of termination. This provision does not limit your rights as a consumer under mandatory law.

SECTION 20 – ENTIRE AGREEMENT

20.1 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

20.2 These Terms and Conditions and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement and understanding between you and us and govern 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 prior versions of the Terms and Conditions).

20.3 In accordance with section 4(4) of the CPA, any ambiguity in these Terms that allows for more than one reasonable interpretation must be resolved in favour of the consumer. These Terms are drafted in plain language as required by section 22 of the CPA. If any provision is unclear to you, contact us at info@thandaro.com before transacting.

SECTION 21 – GOVERNING LAW AND JURISDICTION

21.1 These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.

21.2 However, this choice of law does not and cannot deprive you, as a consumer resident in South Africa, of the protection afforded by the mandatory provisions of South African law. In particular, section 5(1) of the CPA applies the Act to every transaction occurring within South Africa, and section 51(1)(a)(i) prohibits a supplier from making a transaction subject to any term that purports to waive or deprive a consumer of a right under the Act. You retain in full the protection of the CPA, ECTA and POPIA.

21.3 You may institute proceedings against us in a South African court of competent jurisdiction, including the Magistrates' Court for the district in which you reside or work, or refer the matter to the National Consumer Tribunal or an alternative dispute resolution agent as provided in Section 22. Nothing in these Terms requires you to litigate outside South Africa or to waive your right to approach a South African forum.

21.4 For the purposes of section 43(1)(c) of ECTA, our physical address for the service of legal documents is 61 Bridge Street, Kington, Herefordshire, HR5 3DJ, United Kingdom.

SECTION 22 – DISPUTE RESOLUTION

22.1 Customer service first. Before taking any other step, please contact our customer service at info@thandaro.com so that we have the opportunity to resolve the matter directly. We will acknowledge your complaint and respond without undue delay.

22.2 Consumer Goods and Services Ombud. If we are unable to resolve the dispute directly, you may refer it free of charge to the Consumer Goods and Services Ombud, the accredited industry ombud for the consumer goods and services sector:

Consumer Goods and Services Ombud (CGSO) Website: https://www.cgso.org.za Email: complaints@cgso.org.za Share call: 0860 000 272

22.3 National Consumer Commission. You may also lodge a complaint with the National Consumer Commission in terms of section 71 of the CPA:

National Consumer Commission (NCC) Website: https://www.thencc.gov.za Email: complaints@thencc.gov.za

22.4 Other forums. In terms of section 69 of the CPA, you may also refer the matter to an alternative dispute resolution agent, to the applicable provincial consumer protection authority, or to a court with jurisdiction.

22.5 This section does not affect your right to institute proceedings in a competent court in accordance with clause 21.3.

SECTION 23 – PRECEDENCE OVER COUNTERPARTY TERMS

These Terms and Conditions shall take precedence over any terms of the counterparty in commercial relationships, including but not limited to those set out in purchase orders, invoices or other documents issued by the counterparty. Any counterparty terms that conflict with or are inconsistent with these Terms and Conditions are expressly rejected and shall not apply, unless otherwise expressly agreed in writing by us. This section does not apply to consumers.

SECTION 24 – PRECEDENCE OF INDIVIDUAL AGREEMENT

In the event of any conflict or inconsistency between the provisions of these Terms and Conditions and the provisions of an individual written agreement between the customer and the Company, the terms of the individual agreement shall take precedence, always subject to the mandatory consumer protection provisions of the CPA and ECTA.

SECTION 25 – FORCE MAJEURE

We are not liable for any failure or delay in performing our obligations under these Terms that is due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of government or regulatory authorities, fire, flood, accident, strikes, load shedding or shortages of transport, fuel, energy, labour or materials. This does not affect your statutory right to a refund in the event of non-delivery, or your rights under Section 6.5 and Section 6.6.

SECTION 26 – PERSONAL INFORMATION AND PRIVACY

26.1 The processing of your personal information is governed by our Privacy Policy and is carried out in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

26.2 You have the right, among others, to be notified of the collection of your personal information, to access it, to request correction or deletion, to object to processing, and to lodge a complaint. These rights are set out in sections 23 to 25 of POPIA.

26.3 Where your personal information is transferred outside South Africa, that transfer is carried out in accordance with section 72 of POPIA.

26.4 Our Information Officer is identified in Section 2. Complaints may be lodged with the Information Regulator:

Information Regulator (South Africa) JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 Website: https://inforegulator.org.za Email: complaints.IR@inforegulator.org.za

26.5 Direct marketing by electronic means is carried out in accordance with section 69 of POPIA and section 45 of ECTA. You may opt out at any time at no cost.

SECTION 27 – CHANGES TO THE TERMS AND CONDITIONS

27.1 You can review the most current version of the Terms and Conditions at any time on this page.

27.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

27.3 Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes for future purchases. Changes do not apply retroactively to orders already confirmed.

Company name: MIRELUNA LTD Company registration number: 16937092 Registered address: 61 Bridge Street, Kington, Herefordshire, HR5 3DJ, United Kingdom Telephone: +44 7478 030974 Email: info@thandaro.com