Terms of use

Thank you for visiting Thembe’s website. The terms “we”, “us”, “our”, “Thembe”, “Bajo 2” refer to Thembe. These Website Terms of Use (referred to as “terms”) govern our relationship with you (“you”, “user”, “customer”) and we request that you review them carefully before using our website and our e-commerce store site. If you have any questions or concerns about these terms, please contact us on thembe4u@gmail.com.

Overview

By visiting our site and/ or purchasing something from us, you engage in our Service (referred to as “Service” or “Product”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. The terms were last updated in September 2022.We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products to you.

Ordering Online 

To order from our website, you must checkout and pay. Payment in whole, by credit card or debit card, is required before dispatch of goods. Once payment has been received by us, we will confirm that your order has been accepted by sending a confirmation email to you at the email address you provide in your online order form. 

Goods supplied by Thembe to customers remain the property of the company, until paid for in full by the customer.

We reserve the right to withdraw any Product from the website at any time and to remove or modify any materials or content, and shall not be liable to the User or to any third party as a result of withdrawing any Product from the Web Site, regardless of whether said Product has been sold or not, or as a result of removing or modifying any materials or content on the website.

International Duties

Please note that the cost of import duties is not included in the price. You will be liable for import duties in the usual way and your local customs office should be able to help you with this. 

Customer Service 

To check on the status of an order or to verify shipment, please contact us by email at thembe4u@gmail.com.

If you have any questions regarding our products, the use of our website, or a general customer enquiry about Thembe, please email us at thembe4u@gmail.com. 

Photography 

Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details or smaller than actual size in order to show the entire item.

Every effort has been made to illustrate colours accurately but this is not always possible with digital reproduction on different web browsing platforms. Hence, there can be no guarantee that the true colour of the product will be exactly as shown.

Online Content 

Thembe assumes no liability whatsoever for the topicality, correctness, completeness or quality of the information provided. All content is subject to change without notice. We reserve the right to modify, supplement or delete parts or the entire content of this site, without prior advance notice, or to suspend or terminate the site.

Returns

Please view our Returns Policy for full details.

Cancellation Policy 

Cancellation by you: 

Once an order has been placed we are unable to make any changes or cancel your orders. You can return your order once you have received it, please find further details in our Returns policy.

Cancellation by us: 

Although we will always endeavour to process all orders, we reserve the right to cancel the contract between you and us if: We have insufficient stock to deliver the goods you have ordered, or one or more of the items you ordered was listed at an incorrect price due to a typographical error or at any time at our sole discretion.

If we do cancel your contract we will notify you by e-mail and will re-credit your account any sum deducted by us from your credit card as soon as possible. We will not be obliged to offer any additional compensation for disappointment suffered.

Complaints 

If you find that you are not satisfied with any product or service please contact us at thembe4u@gmail.com. We will endeavour to resolve any complaint within a further 14 working days.

CLAIMS 

Claims can only be made through email to thembe4u@gmail.com. Any claims made before prior communication with the Customer Service department will not be considered. 

All goods must be counted and checked at the time of delivery. Any damage or faults must be reported on receipt of the goods. This does not affect your statutory rights as a consumer. 

Any claim in respect of the above should be made by emailing thembe4u@gmail.com within 48hrs of delivery. 

No claims will be entertained unless the above conditions are strictly adhered to. 

No credit or refund will be given for any goods ordered in error by the customer. 

No credit or refund will be given for any losses due to the incorrect storage or handling by the customer of any goods supplied by Thembe.

LIABILITY 

If you do not receive goods ordered by you within seven working days of the date on which you ordered them (or 10 working days if International order), we shall have no liability to you unless you notify us by e-mail at thembe4u@gmail.com of the problem within 14 days of the date on which you ordered the goods. 

If the goods we deliver are not what you ordered, or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within seven working days of the delivery of the goods in question. 

If you notify us of a problem under this condition, our obligation to you will be either: 

To make good any shortage or non-delivery; or 

To replace any goods that are damaged or defective; or 

To refund to you the amount paid for the goods in question in whatever way we choose. 

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as stated above. 

We cannot be held responsible for any delays once the goods have left us and are in possession of the courier. 

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. 

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any personal injury resulting from our negligence.

PROMOTIONAL CODES 

From time to time, we will offer promotional codes at points of sale, or for loyal customers (either directly or via third parties).

By participating in any such promotion, you agree to these terms and conditions. 

Promotional codes allow the user one single use. This offer can only be redeemed on a single order on our website.

Promotional code offers exclude all other promotions and offers and cannot be combined with any other discounts. 

Promotional codes can only be applied to full price items. 

Promotional codes cannot be applied retrospectively to previous orders. 

Promotional codes are only available on our website and are not valid in any stockists (unless explicitly specified). 

We reserve the right to (i) cancel offers at any time (ii) refuse to allow any individual to participate in the offer (iii) amend these terms and conditions (and will use reasonable endeavours to notify changes to all customers.) 

Refunds will take into account the discount 

Offer does not include delivery charges. 

COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY 

All materials on this Site, and the Site itself, are protected by copyrights, designs, trademarks and/or all other intellectual property rights and materials. 

These materials are owned by Thembe. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, and other materials contained in this site, as well as the software used in the design and development of this site. All rights are reserved, worldwide.

You are expressly prohibited from: 

Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the website including without limitation, any images in any format of the products and their descriptions and other material made available on the website; and removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Thembe, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Thembe or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Thembe.

GOVERNING LAW AND JURISDICTION

The operation and use of the Website and these Terms of Use are governed by Spanish law. Insofar as permitted by law, Thembe  and the User, expressly waive any other jurisdiction to which they may be entitled, hereby agree to submit to the jurisdiction of the courts of Madrid, Spain.