Terms of service
TERMS OF SERVICE OVERVIEW
Welcome to Ubuntique! The terms "we", "us" and "our" refer to Ubuntique, a South African small business based in Garsfontein, Pretoria, specialising in handmade crochet clothing and accessories for children (from preemie to 6 years), as well as children's clothing made from sustainable and ethically sourced fabrics (up to 16 years).
Ubuntique operates this store and website, including all related information, content, features, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services").
Ubuntique's online store is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
These Terms are governed by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), and the Protection of Personal
Information Act 4 of 2013 ("POPIA").
Nothing in these Terms limits or overrides your statutory rights under
South African law.
Please read these Terms carefully before using or purchasing from our Services. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy . If you do not agree, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in South Africa), or that you are accessing the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You confirm that you have given consent for any minor dependents to use the Services on devices you own or manage.
To use the Services, including browsing our online store or making a purchase, you may be asked to provide personal information such as your name, email address, billing and shipping details, and payment information. You represent and warrant that all information you provide is accurate, current, and complete,
and that you have the right to provide it.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity on your account.
You may not transfer, sell, or assign your account to any other person. Please notify us
immediately at info@ubuntique.com if you suspect any unauthorised use of your account.
SECTION 2 — OUR PRODUCTS
Ubuntique products are handmade with care. Our range includes handmade crochet clothing and accessories for children from preemie to 6 years, as well as children's garments crafted from sustainable and ethically sourced fabrics.
Because some of our items are handmade, please note that slight variations in colour, stitch appearance, texture, or finish between items and product photographs are a natural and celebrated characteristic of handmade work.
These variations are not defects.
While we make every effort to represent our products accurately, colours may appear differently depending on your device screen settings. We do not warrant that the appearance or quality of any product will meet your specific expectations beyond what is described in the product listing.
All product descriptions are subject to change at our discretion. We reserve the right to discontinue any product or limit quantities available to any person or region at any time.
Our products are intended for children. All items are made with child safety in mind, using materials appropriate for the relevant age group. If you have any concerns about a product's suitability for your child, please contact us before ordering.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Ubuntique reserves the right to accept or decline any order at its discretion. Your order is not confirmed until you receive an order confirmation from us.
We must receive and verify payment before your order is accepted.
Because most of our products are handmade, please review your order carefully before submitting, particularly sizing, colour choices, and any personalisation details. Ubuntique may be unable to
accommodate changes or cancellations after an order has been accepted. Please refer to our Cancellations section in our Refund & Return Policy for full details.
In the event that we cannot accept, fulfil, or need to cancel your order (for example, due to material unavailability), we will notify you via the email address provided at checkout and issue a full refund within 3–5 business days.
Returns and exchanges are subject to our Refund & Return Policy.
Your statutory rights under the South African Consumer Protection Act are not affected.
You represent and warrant that purchases are for personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices are subject to change without notice.
The price charged will be the price in effect at the time your order is placed, as confirmed in your order confirmation email.
Prices do not include shipping, handling, or any applicable customs or import charges unless expressly stated.
Shipping costs are calculated at checkout based on your location and selected shipping method.
We may offer promotions or discounts from time to time, governed by separate terms. Where promotion terms conflict with these Terms, the promotion terms will apply.
You agree to provide accurate and complete payment information. You warrant that you are authorised to use the payment method provided and that charges will be honoured by your bank or card issuer.
Ubuntique uses Shopify's secure payment processing; we do not store your full card details.
SECTION 5 — SHIPPING AND DELIVERY
All orders are handmade to order and require 4–7 business days for production before shipping. Full details on shipping methods, time frames, tracking, and international delivery are set out in our Shipping Policy, which forms part of these Terms.
All delivery time frames are estimates and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or circumstances outside our control. Once your order is transferred to the courier, risk of loss passes to you. We recommend contacting us promptly if your order does not arrive
within the expected window.
SECTION 6 — INTELLECTUAL PROPERTY
All content on the Ubuntique Services, including but not limited to our name, logo, product designs, photographs, graphics, text, and the overall look and feel of the store, is owned by Ubuntique or its licensors and is protected under South African and international intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You may not reproduce, copy, distribute, modify, or create derivative works of any content without our prior written consent. Unauthorised use of our content or designs may constitute an infringement of our intellectual property rights.
Shopify's name, logo, and related marks are trademarks of Shopify Inc. All other third-party trademarks referenced on the Services belong to their respective owners.
SECTION 7 — PRIVACY AND PROTECTION OF PERSONAL INFORMATION (POPIA)
Ubuntique is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA").
All personal information we collect through the Services is processed
lawfully, for legitimate business purposes, and with appropriate security measures.
The personal information we collect (such as your name, contact details, shipping address, and payment information) is used solely to process your orders, communicate with you about your purchases, and improve our Services.
We do not sell your personal information to third parties.
Because our Services are hosted by Shopify, certain information is also processed by Shopify in accordance with their Privacy Policy, which may involve processing in countries other than South Africa.
Full details are set out in our Privacy Policy
You have the right to access, correct, or request deletion of your personal information held by us. To exercise these rights, please contact our Information Officer at info@ubuntique.com.
SECTION 8 — RELATIONSHIP WITH SHOPIFY
Ubuntique's online store is powered by Shopify. However, all sales and purchases are made directly with Ubuntique. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and Ubuntique, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims arising from
your purchases from Ubuntique.
SECTION 9 — FEEDBACK AND REVIEWS
We love hearing from our customers! If you submit feedback, reviews, or suggestions to us, you grant Ubuntique a non-exclusive, royalty-free licence to use, reproduce, and display that content for the purpose of operating and promoting our Services (for example, sharing customer reviews on our website or social media.
You represent that any feedback you provide is honest, accurate, and does not infringe the rights of any third party.
You may not submit false, misleading, defamatory, or unlawful content. We reserve the right to remove feedback that violates these Terms.
SECTION 10 — ERRORS, INACCURACIES AND OMISSIONS
While we strive for accuracy, there may occasionally be typographical errors, inaccuracies, or omissions in product descriptions, pricing, availability, or shipping information.
We reserve the right to correct any such errors and to update or cancel orders affected by inaccurate information, with prompt notification to you.
SECTION 11 — PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services:
(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any applicable South African or international law or regulation;
(c) to infringe upon our intellectual property rights or those of any third party;
(d) to harass, abuse, or harm any person, including our staff;
(e) to transmit false, misleading, or spam communications;
(f) to attempt to gain unauthorised access to our systems or another user's account;
(g) to scrape, crawl, or systematically extract data from the Services without consent.
We reserve the right to suspend or terminate your account without notice if we determine you have violated any part of these Terms.
SECTION 12 — TERMINATION
We may terminate or suspend your access to the Services at any time in our sole discretion, without notice, including if you breach these Terms.
Upon termination, you remain liable for any amounts owing.
The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy.
SECTION 13 — DISCLAIMER OF WARRANTIES
Our Services and products are provided on an "as is" basis to the extent permitted by South African law. We do not warrant that the Services will be uninterrupted, error-free, or free of viruses. We disclaim all implied warranties to the maximum extent permitted by applicable law. Nothing in this section excludes the statutory
guarantees and implied warranties that apply under the Consumer Protection Act, which cannot be contracted out of.
SECTION 14 — LIMITATION OF LIABILITY
To the fullest extent permitted by South African law, Ubuntique shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services or products purchased through the Services.
Importantly, nothing in this section limits Ubuntique's liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded under the Consumer Protection Act or any other applicable South African legislation. Your statutory rights as a South African consumer are fully preserved.
SECTION 15 — INDEMNIFICATION
You agree to indemnify and hold harmless Ubuntique, Shopify, and their respective affiliates, officers, employees, and agents from any claims, damages, or losses including reasonable legal fees) arising from:
(1) your breach of these Terms;
(2) your violation of any law or third-party right;
or (3) your use of the Services.
We will notify you of any such claim and you will cooperate in its defence.
SECTION 16 — SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable under South African law, that provision shall be severed and the remaining Terms shall continue in full force and effect.
SECTION 17 — WAIVER AND ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms shall not constitute a waiver of that right. These Terms, together with our Privacy Policy, Refund & Return Policy, and Shipping Policy, constitute the entire agreement between you and Ubuntique and supersede all prior agreements relating to the Services.
SECTION 18 — ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Ubuntique may transfer or assign these Terms and our rights and obligations at any time without notice to you.
SECTION 19 — GOVERNING LAW AND JURISDICTION
These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa.
You and Ubuntique consent to the exclusive jurisdiction of the courts of South Africa, for the resolution of any disputes arising out of or in connection with these Terms or your use of the Services.
Disputes may also be referred to the National Consumer Commission (NCC) or a relevant consumer tribunal in accordance with the Consumer Protection Act.
SECTION 20 — CHANGES TO TERMS OF SERVICE
We reserve the right to update or change these Terms at any time. The most current version will always be available on our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.
SECTION 21 — CONTACT INFORMATION
Questions about these Terms should be directed to:
Business Name: Ubuntique
Email: info@ubuntique.com
Website: www.ubuntique.com
Phone: +27 63 136 4176
Address: Garsfontein, Pretoria, South Africa
Business Registration Number: 2025/735536/07
This document was prepared for Ubuntique and reflects South African law including the Consumer Protection Act, ECTA, and POPIA. It is recommended that you have this document reviewed by a South African attorney before publishing.