Terms and conditions
Miss Cape Verde International
Introduction
Miss Cape Verde International is a company duly registered within the Republic of Cape Green.
This page states the terms and conditions under which you may use the website https://www.misscvi.com/ and all related apps, mobi-sites and services (the “Website”) and is owned and operated by Miss cabo Verde lda . All rights and/or defenses afforded to us in these T&Cs and related Privacy Policy shall stand to the benefit of Miss Cabo Verde International Lda.
All rights and/or defenses afforded to us in these T&Cs and related Privacy Policy shall stand to the benefit of the group of companies.
These Website T&Cs (“T&Cs ”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These T&Cs are binding and enforceable against every person who accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registereduser”). By using the Website and by clicking on the “Proceed to checkout”/“Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these T&Cs.
The Website enables you to shop online for merchandise (“Goods”).
Important Notice
These T&Cs apply to users who are consumers for purposes of the CPA.
These T&Cs contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of Miss CVI; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Miss CVISA; and/or
serves as an acknowledgment, by the user, of a fact.
Your attention is drawn to these T&Cs because they are important and should be carefully noted.
If there is any provision in these T&Cs that you do not understand, it is your responsibility to ask Miss CVI to explain it to you before you accept the T&Cs or continue using the Website.
Nothing in these T&Cs is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Miss CVI in terms of the CPA.
Miss CVI permits the use of this Website subject to the T&Cs. By using this Website in any way, you shall be deemed to have accepted all the T&Cs unconditionally. You must not use this Website if you do not agree to the T&Cs.
4. Returns
Returns are accepted in very specific instances. Due to COVID-19, returns are not accepted on masks purchased unless damaged or faulty on receipt. Please contact info@miscvi.com to lodge related queries (and related refunds, replacements or repairs).
Registration and use of the Website
To order you will be required to provide certain personal information including personal and payment card details, as well as an email address that may require a password. Please keep your personal information secure. We accept no liability for any damages suffered or losses incurred from the unauthorized use of your personal information.
You agree to notify Miss CVI immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resulting loss or harm.
Conclusion of Sales and availability of stock
Users may place orders for Goods, which Miss CVI may accept or reject. Whether or not Miss CVI accepts an order depends on the availability of Goods, correctness of the relating information to the Goods (including without limitation the price) and receipt of payment or payment authorization by Miss CVI for the Goods.
NOTE: Miss CVI will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Miss CVI come into effect (the “Sale”). This is regardless of any communication from Miss CVI stating that your order or payment has been confirmed. Miss CVI will already indicate the rejection of your order by canceling it and, as soon as possible thereafter, refunding you for any amount/s paid.
Orders may not be canceled after receipt of payment of the Goods by Miss CVI. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.
Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available.
You acknowledge that stock of all Goods on offer is limited. Miss CVI will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers of the same are discontinued on the Website. Miss CVI is, however, unable to guarantee the availability of stock. When Goods are no longer available after placing an order, Miss CVI will notify you and you will be entitled to a refund of the amount paid for such item/Good/s.
Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment can be made for Goods via –
credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying for the Goods. You warrant that your credit card has sufficient funds available to cover all costs incurred as a further result of the services used on the Website;
debit cards
Credit Cards
You may contact us via email at info@misscvi.com to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.
Once you have selected your payment method and you accept these T&Cs, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
delivery of goods
Miss CVI offers one method of delivery of Goods to you, which is via courier.
When it accepts your order, Miss CVI will deliver the Goods to you as soon as reasonably possible, but no later than 10 (ten) business days after receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, you will be reimbursed for the purchase price.
errors
We regret that no order will be accepted if we identify a material error in the description of any of our Goods or services or their prices on our Website, mobi site and/or apps. Packaging may vary from that shown on our Website, mobile site and apps.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. In the event that may be any errors of whatsoever nature on the Website (not due to gross negligence), Miss CVI shall not be liable for any loss, claim or expense relating to a transaction based on an error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
SOCIAL MEDIA & COMMUNICATIONS POLICY
We welcome all your feedback, comments and questions across any of our channels, but we ask that you adhere to our guidelines in order to keep the Miss Cabo Verde International community respectful to all. To keep a healthy, respectful community, we reserve the right to ban users who contravene our policy and remove content posted to our social media channels as necessary including: Discriminatory content that includes, but is not exclusive to race, religion, gender and political beliefs. Offensive language and material including profanity, hate speech, vulgarity and defamation. Fraudulent, deceptive or misleading posts and comments. Uploading links or files that may damage users' computers or cause privacy breaches. Slanderous comments towards the Miss Cabo Verde International Lda or its employees and sponsors.
Our entry rules state that any shortlisted entrant or finalist may not have been involved in any unsavory or unethical incidents or conduct that may bring the Miss Cabo Verde International Organization into disrepute. Unsavory or unethical conduct includes, but is not limited to, bribery, racism, sexism, slander and/or libel. This expressly includes such content posted to social media.
The views expressed by applicants to Miss South Africa are their own and do not reflect those of the Miss CVI Organization, its affiliates, or sponsors.
GENERAL
Changes to these T&Cs
We may periodically update or change these T&Cs without notice. You should check them from time to time as your continued use of our Services will mean you accept any updated or revised General Terms.
electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.
Ownership and copyright
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on our Websites, mobi sites or apps are owned by or licensed to us. Unauthorized use, reproduction, modification and/or distribution thereof is strictly prohibited and intellectual property an unlawful content of our property rights.
Where any of the Website Content has been licensed to Miss CVI or belongs to any third party, your rights of use will also be subject to any T&Cs which that licensor or third party imposes from time to time and you agree to comply with such third party T&Cs
Disclaimer
The use of the Website is entirely at your own risk and you will assume full responsibility for any risk or less resulting from use of the Website or reliance on any information on the Website.
Whilst Miss CVI takes reasonable measures to ensure that the content of the Website is accurate and complete, Miss CVI makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
Miss CVI disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content contained therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of Miss CVI, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these T&Cs, Miss SA also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise prevents in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise prevents in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Miss CVI, its employees, agents or authorized representatives. Miss SA thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Linked third party websites
This website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These T&Cs do not apply to those Third Party Websites and we are not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use. Your use of any Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
limitation of liability
Miss CVI cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Miss SA, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@misscvi.com.
MISS CVI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY MISS CVI AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and Termination
We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
Miss CVI may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Miss CVI will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
If you fail to comply with your obligations under these T&Cs, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may ( in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Governing law and jurisdiction
Any T&Cs and our relationship and/or dispute arising from or in connection with these T&Cs shall be governed and interpreted in accordance with the laws of the Republic of Co Verde. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the Cape Verde Courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these T&Cs.
In the event of any dispute arising between you and Miss CVI you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of Cape Verde.
Nothing in this clause 16 or the T&Cs limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Notices Miss CVI hereby selects Achada Santo António, Praia, Santiago, Cape Verde for the service of all formal notices and legal processes in connection with these T&Cs (“nominated address”). Miss CVI may change this address from time to time by updating these T&Cs.
You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Miss CVI not less than 7 (seven) days' written notice.
MISS CVI information
For the purposes of the ECTA, Miss SA's information is as follows, which should be read in conjunction with its product descriptions and other T&Cs contained on the Website:
Full name: Miss CVI LDA, a private company registered in Cape Verde with registration number …
Physical address for receipt of legal service (also postal and street address): Achada Santo António, Praia, Santiago, Cape Verde
Phone number:
General
Miss CVI may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user's right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these T&Cs to any third party.
Any relaxation, indulgence, extension or waiver which one party may grant or extend to the other, shall in no way affect or prejudice the rights of the former under these T&Cs or in any respect be regarded as a waiver or novation of the former's rights in terms hereof.
Any failure on the part of you or Miss CVIto enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining T&Cs will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the T&Cs will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
These T&Cs contain the entire agreement between you and Miss CVI sand no other warranty or undertaking is valid, unless contained in this document between the parties.
MISS CVI information
For the purposes of the ECTA, Miss SA's information is as follows, which should be read in conjunction with its product descriptions and other T&Cs contained on the Website:
Full name: Miss CVI LDA, a private company registered in Cabo Verde with Fiscal identification number 288359097
Physical address for receipt of legal service (also postal and street address): Ground Floor, Morningside Hub, 313 Rivonia Road, Sandton, Gauteng, 2128 (marked for attention: CEO and Legal)
Phone number:
General
Miss SA may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user's right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these T&Cs to any third party.
Any relaxation, indulgence, extension or waiver which one party may grant or extend to the other, shall in no way affect or prejudice the rights of the former under these T&Cs or in any respect be regarded as a waiver or novation of the former's rights in terms hereof.
Any failure on the part of you or Miss SA to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining T&Cs will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the T&Cs will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
These T&Cs contain the entire agreement between you and Miss SA and no other warranty or undertaking is valid, unless contained in this document between the parties.