Identity and applicability www.hibacci.co.za (“Website”) is operated on behalf of Hibacci registration no. 2019 / 329643 / 07 (hereinafter referred to as (“Hibacci/we/us/our”). These terms and conditions (“Terms and Conditions”) govern and apply to your use of our website, all our offers of products on our Website and your acceptance thereof, and your purchase of products from our Website. Please note that your use of our Website constitutes your agreement to follow and be bound by these Terms and Conditions.
***Please Note our shoes are not locally manufactured and due to that, you may find cheaper replicas. However always remember if it doesn’t say Hibacci on the box and shoes, then its not HIBACCI.
Product availability and delivery
Although availability may be indicated on the Website, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without accepting liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
In accordance with the above, purchased products will be dispatched within 5 working days starting on the date of the order, however, we try our best to dispatch the purchased products within 2 to 3 working days starting on the date of the order, excluding Force Majeure situations in the dispatching process.
Please allow up to 14 – 24 working days for delivery to arrive outside of South Africa and 7 working days within South Africa. If you still have not received your purchased products after 4 weeks, please notify us via email at firstname.lastname@example.org. You bear any and all duties and customs costs for orders shipping outside of South Africa. Hibacci is not responsible for any lost, stolen or damaged shipments. All shipments within Hibacci are sent with delivery confirmation and you assume all responsibilities of lost items.
Please check our FAQ for the delivery window during our online sale.
Where possible, we try to deliver all the products you ordered at the same time. Please note, however, that products may be delivered in separate shipments. We, therefore, reserve the right to deliver your order in separate shipments; for example, if part of your order is delayed or unavailable
We have made every effort to display as accurately as possible the colors of our products that are displayed on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Therefore the pictures of our products on the Website are for illustrative purposes only.
You can only place an order if 1) you are a consumer, 2) who is at least 16 years of age, or has the consent of at least one of my parents and/or guardians place an order and 3) who provides us correct information that is necessary for the fulfilment of the order.
An order placed by you is an offer to purchase the product(s) displayed on our Website, which offers needs to be accepted by Hibacci.
Once the order is placed by you, we will send you an order confirmation email, to let you know that we have received your order. This order confirmation email does not constitute an acceptance of your order or the conclusion of a contract. Hibacci reserves all rights to reject your order for any reason and with no liability to you or any third parties prior to Hibacci acceptance of your order.
Our acceptance of your order and conclusion of the contract will only take place when we send you an email confirming that your order has been dispatched. Please note that, prior to the dispatchment of your order, Hibacci may still cancel your order by reasons mentioned in these Terms and Condition, for example, because of the unavailability of the product, your misuse, a force majeure event on our side or due to nonpayment by you.
Right of withdrawal
As the consumer you can withdraw your order placed on this Website within 14 days after 1) the date you received the order or 2) if you have ordered several products in the same order, after the date you received the last product. Hibacci will honour your right of withdrawal, when notice of your withdrawal request is sent to Hibacci by using the model form for withdrawal or in any other unambiguous manner via email at email@example.com or by contacting customer service, by sending a text on WhatsApp +27 65 968 3279, within the aforementioned 14 days.
Once you have notified us within the aforementioned 14 days, we shall reimburse within 14 days all the payments you made to us for the cancelled order, including the delivery costs (if applicable and the maximum being the least expensive type of standard delivery we offer). In the event that you have already received your products, you must return the products within 14 days as of the day following your withdrawal notice, in conformity with our return policy and at your costs. In that case, we shall reimburse all the payments made for the cancelled order, once we have received a proof of shipment or we have received the returned products. We will use the same means of payment that you used.
You are liable for the decrease in value of the product that is the result of you using the product in a manner beyond what is necessary to determine the nature, properties and functioning of the product. The risk and burden of proof for the correct and timely exercise of the right of withdrawal is on you.
Prices and payments
The prices displayed on the Website are quoted in Rands (ZAR) and excluding delivery costs, if applicable. If delivery costs are applicable, they will be displayed during the checkout process. All prices include handling or taxes (total at the end) excl. shipping, if delivered to customers within South Africa. For customers outside South Africa, additional charges may apply. Hibacci reserves all rights to 1) make changes to the prices displayed on the Website and 2) change or withdraw special offers or discounts at any time, without prior notice. Hibacci only offers the payment methods displayed during the checkout process and Hibacci shall not be liable for any transfer or bank charges and/or import duties or taxes. All payments are subject to authorization and validation checks done by the payment service provider. In the event that the payment service provider does not, for any reason, authorize or validate your payment, the relevant payment provider can notify you thereof, after which Hibacci shall cancel your order.
Retention of title
All products that have been delivered to you remain the sole property of Hibacci until you have fully paid any and all amounts owed to Hibacci under any contract that is placed between you and Hibacci, including payment of costs, earlier or later deliveries or partial deliveries. You shall remain liable for the devaluation of or damage to the product in the period between your receiving of the order and your payment.
Our return policy entitles you to return the product(s) for any reason within 14 working days starting on the date you received the product(s) in conformity with our return policy. For orders placed during an online sale, the return period is 14 working days after the date you received the product(s), in conformity with your above-mentioned right of withdrawal and our return policy. See our FAQ page for more information about our return policy.
You can open the package and check the contents. However, the products can only be returned when they are completely unused, unwashed or altered and sent in the original packaging, with original labels and double boxed. To return the product(s) fill in the return form, add it to the return box and attach the return sticker to the return box.
Hibacci shall not bear the costs of returning the product(s) unless otherwise indicated by Hibacci customer service.
We only accept returns of the product(s) purchased from this Website only, as these terms are only applicable to online sales made through this Website.
If you are returning product(s) you may no longer qualify for any discount or special offer associated with your order. If you received any product(s) for free and/or any accessories with your order, you must return all the free product(s) and/or all accessories together with the product(s) you are returning to receive a full return refund or a digital gift card.
Changes to our terms and conditions
Hibacci reserves all rights to make changes to these Terms and Conditions from time to time. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. These Terms and Conditions were last modified in June 2020.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Hibacci. The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Hibacci. The Contents of our website and the Website as a whole are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any use of the Website, or downloading or copying of any Contents. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software. Hibacci will change, move or delete portions of, or may add to, its Website from time to time.
The Website is built by CODE, and all photography rights are reserved by Hibacci.
User comments, feedback, postcards, and other submissions All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Hibacci on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Hibacci property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Hibacci of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Hibacci will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Hibacci is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
THIS WEBSITE AND ALL CONTENTS OF THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND EXCLUDING POSSIBLE WARRANTIES OR CLAIMS ON THE PRODUCTS SOLD THROUGH THIS WEBSITE BASED ON (ZA) CONSUMER LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT HIBACCI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted your order. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Hibacci purchase you may return it with your invoice to Hibacci by mail and in conformity with our Return Policy for another size, another Hibacci product, digital gift card or money refund.
Hibacci is not liable for any damages directly or indirectly, after the delivery by any cause whatsoever caused to you, to third parties or to property of third parties. If it is established that Hibaccci could be held liable for any damage, liability shall be capped at the value of the order with a maximum of 3000 ZAR in total. Hibacci is not liable for the non-availability of the Website or for technical or electronic errors on the Website. Force majeure events A Force Majeure event means an occurrence of which makes the performance of your Agreement/order impossible, impracticable or unsafe: an act of God (including, without limitation, tsunami, wildfire, earthquake, hurricane, or other natural disasters), inevitable accident, strike or other labour dispute, war or threat of war, act of public enemy, act of terrorism or threats thereof, riot or civil commotion, national state of emergency, enactment, rule, order or act of any government or governmental instrumentality, failure of technical facilities, epidemic, interruption in, or substantial delay or failure of, technical facilities, or failure or substantial delay of necessary transportation services, or any other event or condition beyond Hibacci’s reasonable control, as applicable.
In the event a Force Majeure event takes place our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure event.
Unless otherwise specified and except to the extent Hibacci products are offered for sale in South Africa through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Hibacci products and services available in South Africa and select foreign markets. In the event that any provision stipulated in these Terms and Conditions is null and void or is subject to annulment that will not affect the validity of the other provisions. This Agreement shall be construed in accordance with the laws of South Africa, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by a competent judge of the District Court of Johannesburg in South Africa.