Terms of service

POTTY PAPER

TERMS OF SERVICE

Version: 1.0
Effective Date: 1 August 2026
Last Updated: 1 August 2026

IMPORTANT NOTICE

These Terms of Service ("Terms") govern your access to and use of the Potty Paper website, products and services.

By accessing this Website, creating an account, placing an order or purchasing any Products from Potty Paper, you acknowledge that you have read, understood and agree to be legally bound by these Terms.

These Terms should be read together with our:

Privacy Policy;
Returns & Refund Policy; and
any other policies published on this Website from time to time.

Nothing contained in these Terms is intended to limit or exclude any rights that consumers may have under applicable South African law, including the Consumer Protection Act 68 of 2008 ("CPA"), except to the extent permitted by law.

If you do not agree to these Terms, you must not access or use this Website or purchase any Products.

TABLE OF CONTENTS

PART 1 – INTRODUCTION AND FORMATION OF THE AGREEMENT

Definitions
Interpretation
About Potty Paper
Acceptance of these Terms
Eligibility to Use the Website
Changes to these Terms

PART 2 – WEBSITE USE

Website Use
Customer Accounts
Acceptable Use
Prohibited Conduct
Website Security
Website Availability
Third-Party Services and Links
Electronic Communications

PART 3 – ORDERS, PRICING, PAYMENTS AND PROMOTIONS

Product Information
Pricing
Placing Orders
Payment
Fraud Prevention
Promotions, Vouchers and Discount Codes

PART 4 – SHIPPING, DELIVERY, RISK AND OWNERSHIP

Shipping and Delivery
Delivery Information
Inspection Upon Delivery
Risk and Ownership
Partial Deliveries
Failure to Collect or Accept Delivery
Events Beyond Our Reasonable Control (Force Majeure)
Exports and International Deliveries

PART 5 – CONSUMER RIGHTS, RETURNS, REFUNDS AND WARRANTIES

Consumer Rights
Returns and Refunds
Defective Products
Order Cancellations
Product Warranties
Product Recalls
Customer Responsibilities
Limitation of Remedies

PART 6 – PRODUCT-SPECIFIC TERMS FOR POTTY PAPER

Product Purpose
Single-Use Product
Proper Use
Disposal
Children
Product Safety
Hygiene
Medical Disclaimer
Allergies and Sensitivities
Storage
Commercial Resale
Customer Responsibility
Product Improvements

PART 7 – INTELLECTUAL PROPERTY AND USER CONTENT

Ownership of Intellectual Property
Copyright
Trade Marks
Product Photography and Media
User-Generated Content
Customer Reviews
Feedback
Reporting Infringement
Reservation of Rights

PART 8 – LIABILITY, WARRANTIES, DISCLAIMERS AND INDEMNITIES

General Disclaimer
Website Information
No Medical Advice
Limitation of Liability
Product Liability
Customer Responsibility
Indemnity
Maximum Liability
Duty to Mitigate
Insurance
Survival

PART 9 – GENERAL LEGAL PROVISIONS

Privacy
Electronic Communications
Notices
Governing Law
Jurisdiction
Dispute Resolution
Compliance with Applicable Law
Assignment
No Waiver
Severability
Entire Agreement
Relationship of the Parties
No Third-Party Rights
Headings
Language
Changes to the Website
Contact Details
Effective Date

1. DEFINITIONS

Unless the context indicates otherwise, the following words shall have the meanings assigned to them below.

"Business Day" means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.

"CPA" means the Consumer Protection Act 68 of 2008, as amended.

"Customer", "you" or "your" means any person who accesses the Website, creates an account or purchases Products from Potty Paper.

"ECTA" means the Electronic Communications and Transactions Act 25 of 2002.

"Order" means any order placed through the Website for the purchase of Products.

"POPIA" means the Protection of Personal Information Act 4 of 2013.

"Potty Paper", "we", "our" or "us" means Potty Paper, its successors and permitted assigns.

"Product" means any product offered for sale by Potty Paper through the Website from time to time.

"Terms" means these Terms of Service together with any policies incorporated by reference.

"Website" means the Potty Paper online store, together with all associated webpages, content and online services.

2. INTERPRETATION

2.1 These Terms must be interpreted in accordance with the laws of the Republic of South Africa.

2.2 Headings are included for convenience only and do not affect interpretation.

2.3 Words importing one gender include all genders.

2.4 Words importing the singular include the plural and vice versa.

2.5 References to legislation include amendments, replacements and regulations made under that legislation.

2.6 Where any provision is required by law to be interpreted in favour of a consumer, that interpretation shall prevail.

2.7 If any ambiguity exists, these Terms shall be interpreted in a manner consistent with the Consumer Protection Act and other applicable legislation.

3. ABOUT POTTY PAPER

These Terms are published by:

Potty Paper

Email:
hello@pottypaper.co.za

Website:
https://pottypaper.co.za/

Business Hours:
Monday to Friday, excluding South African public holidays.

Address:

1st Floor, Liberty Life Building, 21 Aurora Drive

Umhlanga

4301

KwaZulu-Natal

South Africa

Potty Paper is an online retailer specializing in disposable hygiene products and related consumer goods.

Nothing contained on this Website constitutes professional medical advice.

4. ACCEPTANCE OF THESE TERMS

By:

accessing this Website;
browsing any page;
creating an account;
submitting information;
placing an Order; or
purchasing any Product,

you confirm that you have read, understood and agreed to these Terms.

If you are acting on behalf of a company or another legal entity, you warrant that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you must immediately discontinue use of the Website.

5. ELIGIBILITY TO USE THE WEBSITE

By using the Website you warrant that:

you are legally capable of entering into binding agreements;
all information supplied is true, complete and accurate;
you will keep your information updated;
you will not impersonate another person;
you will use the Website only for lawful purposes.

If we reasonably believe any information supplied is false or misleading, we reserve the right to suspend or terminate your access to the Website and cancel any affected Orders, subject to applicable law.

6. CHANGES TO THESE TERMS

We may amend these Terms from time to time to:

comply with changes in legislation;
reflect changes to our business;
improve our services;
introduce new Products or services;
address security or operational requirements.

Updated Terms will be published on the Website together with a revised "Last Updated" date.

The version of the Terms in force at the time an Order is placed will generally govern that Order, unless a change is required by law or otherwise communicated to you.

Your continued use of the Website after updated Terms are published constitutes acceptance of those changes.

7. WEBSITE USE

7.1 License to Use the Website

Subject to these Terms, Potty Paper grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Website solely for your personal, lawful and non-commercial use, or for legitimate business purchasing where applicable.

This license does not transfer ownership of any intellectual property or other rights in the Website or its content.

7.2 Permitted Use

You agree to use the Website only:

for lawful purposes;
in accordance with these Terms;
in good faith;
without interfering with the rights of other users;
without disrupting the operation or security of the Website.

7.3 No Unlawful Use

You may not use the Website for any unlawful, fraudulent or unauthorized purpose, including any activity that violates applicable South African law or the rights of any third party.

7.4 Suspension of Access

We reserve the right to suspend, restrict or terminate access to the Website, without prior notice where reasonably necessary, if we believe that:

these Terms have been breached;
unlawful or fraudulent activity has occurred;
the Website or other users are at risk of harm;
suspension is necessary to investigate suspected misuse; or
suspension is otherwise required by law.

Where appropriate, we may also cancel affected Orders or refuse future transactions, subject to applicable consumer protection legislation.

8. CUSTOMER ACCOUNTS

8.1 Account Registration

Certain features of the Website may require you to create a customer account.

You agree to provide accurate, complete and current information during registration and to keep your information updated.

8.2 Account Security

You are responsible for maintaining the confidentiality of:

your password;
your login credentials; and
any activity occurring under your account.

You must notify Potty Paper promptly if you become aware of any unauthorised use of your account or any suspected security breach.

8.3 Responsibility for Your Account

Unless caused by our negligence or a security failure within our systems, you remain responsible for all activities conducted using your account.

8.4 Account Closure

You may request closure of your account at any time.

Potty Paper may suspend or terminate an account where reasonably necessary, including where:

fraudulent activity is suspected;
false information has been provided;
these Terms have been materially breached;
the account is being used for unlawful purposes; or
continued access poses a security or operational risk.

Closure of an account will not affect rights or obligations arising before the date of closure.

9. ACCEPTABLE USE

The Website is intended to provide information regarding our Products and to facilitate legitimate purchases.

You agree to use the Website responsibly and in a manner that does not interfere with its operation or the experience of other users.

10. PROHIBITED CONDUCT

Without limiting any other provision of these Terms, you must not:

10.1 Website Misuse

You may not:

interfere with the operation of the Website;
attempt to bypass security measures;
introduce viruses, malware or malicious code;
overload, damage or disrupt our servers;
interfere with networks connected to the Website;
conduct denial-of-service attacks;
exploit vulnerabilities or security weaknesses.

10.2 Automated Access

Unless expressly authorized in writing by Potty Paper, you may not:

scrape Website content;
harvest customer information;
use bots;
use automated purchasing software;
use automated data extraction tools;
copy product catalogues using software;
crawl the Website for commercial purposes.

Reasonable indexing by recognized search engines is permitted.

10.3 False Orders

You may not:

place fraudulent Orders;
submit false payment information;
impersonate another person;
use stolen payment methods;
deliberately abuse promotions or discounts;
intentionally provide incorrect delivery information.

We reserve the right to verify information before accepting or fulfilling an Order where fraud is reasonably suspected.

10.4 Commercial Exploitation

Without our prior written consent, you may not:

reproduce Website content;
republish content;
sell Website content;
distribute Website content;
exploit Website content for commercial purposes.

10.5 Reverse Engineering

You may not attempt to:

reverse engineer;
decompile;
disassemble;
modify; or
create derivative works from

any software or technology used on the Website except where such restriction is prohibited by law.

10.6 Unauthorized Access

You may not gain or attempt to gain access to:

restricted areas of the Website;
administrator accounts;
databases;
customer information;
payment systems;
hosting infrastructure.

10.7 Impersonation

You may not impersonate:

Potty Paper;
another customer;
our employees;
our representatives;
our service providers.

10.8 Unsolicited Communications

You may not use the Website to:

send spam;
distribute unsolicited commercial communications;
transmit chain letters;
distribute malware;
conduct phishing attacks.

11. WEBSITE SECURITY

Potty Paper employs reasonable technical and organizational measures to protect the integrity and security of the Website.

However, no website can be guaranteed to be completely secure.

You acknowledge that:

use of the internet carries inherent risks;
electronic communications may be intercepted or delayed;
temporary interruptions may occur despite reasonable safeguards.

Nothing in this clause excludes liability arising from our failure to comply with obligations imposed by applicable law.

12. WEBSITE AVAILABILITY

While we strive to keep the Website available at all times, we do not guarantee uninterrupted or error-free access.

The Website may be temporarily unavailable due to:

maintenance;
software updates;
server failures;
telecommunications interruptions;
cyber incidents;
third-party service failures;
events beyond our reasonable control.

To the fullest extent permitted by law, Potty Paper shall not be liable for losses arising solely from temporary interruptions or unavailability of the Website.

13. THIRD-PARTY SERVICES AND LINKS

The Website may contain links to third-party websites, applications or services for your convenience.

Potty Paper:

does not control those third-party services;
does not endorse their content unless expressly stated;
is not responsible for their availability, security or privacy practices.

Your use of third-party websites is governed by their own terms and policies.

14. ELECTRONIC COMMUNICATIONS

By using the Website or communicating with Potty Paper electronically, you consent to receiving communications electronically where permitted by law.

Such communications may include:

order confirmations;
invoices;
shipping notifications;
customer support communications;
legal notices;
updates relating to your Orders.

Electronic communications satisfy any legal requirement that communications be in writing, subject to applicable law.

15. PRODUCT INFORMATION

15.1 Product Descriptions

Potty Paper makes every reasonable effort to ensure that all Product descriptions, photographs, specifications, dimensions, illustrations and other information displayed on the Website are accurate at the time of publication.

However:

colors may appear differently depending on your device or screen settings;
Product images are for illustrative purposes only;
packaging, branding and presentation may change from time to time without affecting the nature or quality of the Product;
measurements and weights may vary slightly due to manufacturing tolerances.

Minor variations shall not constitute defects or misrepresentations where the Product remains substantially consistent with its advertised description.

15.2 Product Availability

All Products are offered subject to availability.

Adding a Product to your shopping cart does not reserve that Product.

Stock availability is only confirmed once your Order has been accepted in accordance with these Terms.

Where a Product becomes unavailable after an Order is placed but before acceptance or fulfilment, Potty Paper may:

cancel the affected portion of the Order;
offer an alternative Product where appropriate;
issue a refund for any unavailable Product already paid for.

15.3 Product Improvements

Potty Paper reserves the right to improve, modify or discontinue Products without prior notice where reasonably necessary for quality, safety, manufacturing, packaging or business purposes.

16. PRICING

16.1 Currency

Unless otherwise indicated, all prices displayed on the Website are quoted in South African Rand (ZAR).

16.2 Taxes

Where applicable, prices will indicate whether Value-Added Tax (VAT) is included.

Where Potty Paper is not registered as a VAT vendor, prices will not include VAT.

Should our VAT status change, pricing displayed on the Website will be updated accordingly.

16.3 Pricing Accuracy

While every reasonable effort is made to ensure pricing accuracy, errors may occasionally occur.

If Potty Paper discovers an obvious or material pricing error before accepting or fulfilling an Order, we reserve the right to:

cancel the affected Order;
refuse acceptance of the Order; or
contact you to confirm whether you wish to proceed at the correct price,

subject to applicable South African consumer protection legislation.

16.4 Price Changes

Prices may change at any time without prior notice.

Any price changes will not affect Orders that have already been accepted by Potty Paper.

16.5 Promotional Pricing

Temporary promotional pricing:

applies only during the advertised promotional period;
is subject to Product availability;
cannot be applied retrospectively after the promotion has ended unless required by law.

17. PLACING ORDERS

17.1 Invitation to Do Business

The display of Products on the Website constitutes an invitation for customers to make an offer to purchase and does not constitute a binding offer by Potty Paper.

17.2 Submission of Orders

When you complete the checkout process and submit payment information, you are making an offer to purchase the selected Products in accordance with these Terms.

17.3 Acceptance of Orders

An Order is only accepted once Potty Paper confirms acceptance by issuing an Order Confirmation or otherwise communicates acceptance to you.

Receipt of an automated order acknowledgement or payment confirmation does not by itself constitute acceptance of your Order.

17.4 Verification

Prior to accepting an Order, Potty Paper may reasonably request additional information or documentation for the purpose of:

verifying your identity;
confirming payment;
preventing fraud;
complying with legal obligations;
protecting our customers and business.

Failure to provide requested information within a reasonable time may result in cancellation of the Order.

17.5 Refusal of Orders

To the extent permitted by law, Potty Paper reserves the right to refuse or cancel an Order where:

payment cannot be authorized;
fraud is reasonably suspected;
Products are unavailable;
pricing errors have occurred;
incorrect information has been supplied;
legal restrictions prevent fulfilment;
the Order would expose Potty Paper to unreasonable risk.

Where payment has already been received for a cancelled Order, any applicable refund will be processed within a reasonable period.

18. PAYMENT

18.1 Payment Methods

Potty Paper accepts payment methods displayed during checkout.

Available payment options may change from time to time without prior notice.

18.2 Payment Processing

Payments are processed by secure third-party payment service providers.

Potty Paper does not store complete payment card details unless expressly stated and lawfully permitted.

18.3 Authorization

By submitting payment information, you warrant that:

you are authorized to use the selected payment method;
sufficient funds or credit are available;
all payment information supplied is accurate.

18.4 Failed Payments

Where payment:

is declined;
cannot be verified;
is reversed;
is recalled; or
is otherwise unsuccessful,

Potty Paper may suspend processing of the Order until payment has been successfully received.

18.5 Ownership of Funds

Products remain unpaid until Potty Paper has received cleared payment.

19. FRAUD PREVENTION

Potty Paper takes fraud prevention seriously.

To protect our customers and business, we may:

verify payment information;
verify delivery addresses;
contact customers to confirm Orders;
delay shipment pending verification;
request proof of identity where reasonably necessary;
refuse suspicious transactions.

We reserve the right to report suspected criminal activity to the appropriate authorities.

19.1 Chargebacks

Where a payment is disputed or a chargeback is initiated, Potty Paper reserves the right to provide relevant evidence to the payment service provider or financial institution, including:

Order confirmations;
proof of payment;
delivery confirmations;
customer communications;
tracking information; and
any other relevant records,

for the purpose of responding to or contesting the dispute in accordance with applicable rules and laws.

Nothing in this clause limits any lawful rights a customer may have to dispute a transaction.

20. PROMOTIONS, VOUCHERS AND DISCOUNT CODES

Unless otherwise stated:

promotions cannot be combined;
promotions cannot be exchanged for cash;
promotions are valid only during the advertised period;
promotions apply while stocks last;
promotions are non-transferable;
discount codes may not be resold.

Potty Paper reserves the right to withdraw or amend promotions where reasonably necessary, provided that doing so does not affect rights that have already accrued under accepted Orders or applicable law.

20.1 Promotional Abuse

Potty Paper reserves the right to cancel or refuse promotional benefits where there is reasonable evidence of:

fraudulent activity;
duplicate accounts created to obtain additional discounts;
abuse of promotional offers;
manipulation of referral programmes;
automated redemption of promotional codes; or
other conduct intended to obtain an unfair advantage.

Any action taken under this clause will be subject to applicable law and based on reasonable grounds.

20.2 Gift Cards and Store Credit

If Potty Paper introduces gift cards, store credit or digital vouchers in the future, their use will be governed by additional terms published on the Website.

21. SHIPPING AND DELIVERY

21.1 Delivery Areas

Potty Paper currently delivers to locations within the Republic of South Africa.

We reserve the right to expand, restrict or discontinue delivery to particular areas at any time where reasonably necessary for operational, security or commercial reasons.

21.2 Delivery Partners

Deliveries may be performed by Potty Paper or by independent third-party courier service providers selected by us.

While we carefully select our delivery partners, they operate independently and delivery schedules may occasionally be affected by circumstances beyond our reasonable control.

21.3 Delivery Timeframes

Any delivery timeframes displayed on the Website are estimates only and are provided in good faith.

Although we will make reasonable efforts to dispatch and deliver Orders within the estimated timeframes, delivery dates are not guaranteed.

Delays may occur due to factors including, but not limited to:

high order volumes;
adverse weather conditions;
public holidays;
civil unrest;
road closures;
courier operational delays;
customs or regulatory processes (where applicable);
power outages;
telecommunications failures; or
other events beyond our reasonable control.

21.4 Dispatch of Orders

Orders will generally be dispatched after:

successful payment;
completion of any required verification procedures;
confirmation that Products are available.

Dispatch times may vary depending on operational requirements.

22. DELIVERY INFORMATION

22.1 Customer Responsibility

Customers are responsible for ensuring that all delivery information provided is:

accurate;
complete;
current;
accessible to the courier.

This includes:

recipient name;
delivery address;
contact number;
access instructions where applicable.

22.2 Incorrect Delivery Details

Potty Paper shall not be responsible for delays, failed deliveries or additional courier charges resulting from inaccurate or incomplete delivery information supplied by the customer.

Where an Order is returned to us because of incorrect delivery information, the customer may be required to pay any reasonable additional delivery costs before the Order is re-dispatched.

22.3 Delivery Attempts

Our delivery partners may make one or more delivery attempts depending on their operational procedures.

If delivery cannot be completed after reasonable attempts, the Order may:

be returned to Potty Paper;
be held by the courier for collection where available; or
be dealt with in accordance with the courier's policies.

Additional delivery charges may apply if re-delivery is requested.

23. INSPECTION UPON DELIVERY

Customers should inspect their Order as soon as reasonably possible after delivery.

If:

Products appear damaged;
incorrect Products have been supplied;
Products are missing; or
the package appears to have been tampered with,

customers should notify Potty Paper as soon as reasonably practicable so that we can investigate and, where appropriate, assist in resolving the issue.

Nothing in this clause limits any rights available under the Consumer Protection Act.

24. RISK AND OWNERSHIP

24.1 Ownership

Ownership of Products passes to the customer only after:

full payment has been received by Potty Paper; and
the Products have been dispatched or delivered, as applicable.

24.2 Risk

Risk in the Products passes to the customer upon delivery of the Products to the delivery address provided by the customer or upon lawful collection by the customer or their authorized representative, subject to any rights afforded to consumers under applicable South African law.

24.3 Authorized Recipients

Any person who accepts delivery at the delivery address provided by the customer shall be deemed to be authorized by the customer to receive the Order on their behalf, unless the customer has notified Potty Paper of alternative delivery arrangements accepted by us.

25. PARTIAL DELIVERIES

Where operationally necessary, Potty Paper may fulfil an Order in separate shipments.

Customers will not be charged additional delivery fees solely because an Order is dispatched in multiple shipments unless this has been expressly agreed beforehand.

26. FAILURE TO COLLECT OR ACCEPT DELIVERY

Where:

delivery is refused without lawful reason;
Products are not collected within the applicable collection period;
the customer cannot be contacted using the contact details provided;
or the customer repeatedly fails to accept delivery,

Potty Paper may:

cancel the Order;
deduct any reasonable costs incurred for return shipping or re-delivery (where permitted by law);
process any refund due in accordance with our Returns & Refund Policy and applicable legislation.

27. EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)

Potty Paper shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond our reasonable control.

These events may include, without limitation:

natural disasters;
floods;
fires;
epidemics or pandemics;
government actions or restrictions;
war;
terrorism;
riots;
civil commotion;
labour strikes;
lockouts;
power outages;
internet failures;
cyberattacks;
failures of telecommunications infrastructure;
failures of third-party suppliers or couriers;
shortages of transport;
shortages of raw materials; or
any other event that could not reasonably have been prevented or avoided.

Where a Force Majeure event occurs, Potty Paper will make reasonable efforts to minimise the impact on affected Orders and resume normal operations as soon as reasonably practicable.

If a Force Majeure event continues for an extended period making performance impossible or impracticable, Potty Paper may cancel affected Orders and refund any payments received for Products that have not been supplied, subject to applicable law.

28. EXPORTS AND INTERNATIONAL DELIVERIES

If Potty Paper offers international shipping in the future:

customers shall be responsible for complying with the import laws of the destination country;
customs duties, taxes and import charges (unless expressly stated otherwise) shall be the responsibility of the customer;
Potty Paper shall not be responsible for delays caused by customs authorities.

Nothing in this clause limits any rights that may apply under mandatory laws governing international consumer sales.

29. CONSUMER RIGHTS

29.1 Consumer Protection

Nothing contained in these Terms is intended to exclude, restrict or limit any rights that consumers may have under applicable South African consumer protection legislation, including the Consumer Protection Act 68 of 2008.

Where any provision of these Terms conflicts with mandatory provisions of applicable law, the applicable law shall prevail to the extent of the conflict.

29.2 Fair Interpretation

These Terms shall be interpreted in a manner that is fair, reasonable and consistent with applicable legislation while protecting the legitimate commercial interests of Potty Paper.

29.3 Business Customers

Certain rights contained in the Consumer Protection Act may not apply where Products are acquired for purposes or transactions that fall outside the scope of the Act.

30. RETURNS AND REFUNDS

30.1 Returns Policy

Returns, exchanges and refunds are governed by Potty Paper's Returns & Refund Policy, which forms part of these Terms by reference.

Customers are encouraged to read the Returns & Refund Policy before placing an Order.

30.2 Eligibility

Eligibility for returns, exchanges and refunds shall be determined in accordance with:

applicable legislation;
the Returns & Refund Policy;
the condition of the Product;
the reason for the return.

30.3 Return Approval

Where required by the Returns & Refund Policy, customers may be requested to obtain return authorization before returning Products.

Returns sent without following the applicable return procedure may result in delays in processing.

30.4 Return Shipping

Responsibility for return shipping costs shall be determined in accordance with:

the Consumer Protection Act;
the Returns & Refund Policy; and
the reason for the return.

31. DEFECTIVE PRODUCTS

31.1 Statutory Rights

Nothing in these Terms limits any statutory rights relating to defective Products that consumers may have under applicable law.

31.2 Reporting Defects

Customers should notify Potty Paper as soon as reasonably practicable after discovering an alleged defect.

Prompt notification assists us in investigating the matter and providing an appropriate resolution.

31.3 Assessment

Where reasonably necessary, Potty Paper may inspect or assess returned Products to determine:

whether a defect exists;
the cause of the alleged defect;
whether the Product has been misused;
whether statutory remedies apply.

31.4 Remedies

Where applicable law provides a remedy in respect of defective Products, Potty Paper will provide the appropriate remedy in accordance with that law.

32. ORDER CANCELLATIONS

32.1 Customer Cancellation

Orders may be cancelled by customers in accordance with:

applicable law;
these Terms; and
the Returns & Refund Policy.

Where an Order has already been dispatched, cancellation may no longer be possible and the return process may instead apply.

32.2 Cancellation by Potty Paper

Potty Paper may cancel an Order before dispatch where:

Products are unavailable;
fraud is reasonably suspected;
payment cannot be verified;
legal requirements prevent fulfilment;
an obvious pricing error has occurred;
fulfilment has become impossible due to circumstances beyond our reasonable control.

Where payment has already been received, any refund due will be processed within a reasonable period.

33. PRODUCT WARRANTIES

33.1 Statutory Warranties

Where statutory warranties apply under South African law, nothing in these Terms excludes or limits those warranties.

33.2 Manufacturer Information

Where Products include manufacturer warranties, those warranties remain subject to the terms and conditions issued by the relevant manufacturer.

33.3 No Additional Warranties

Except where required by law or expressly stated in writing by Potty Paper, no additional warranties, guarantees or representations are made regarding Products.

34. PRODUCT RECALLS

If Potty Paper becomes aware that a Product may present a safety risk or is subject to a voluntary or mandatory recall, we may:

contact affected customers;
request return of the Product;
provide replacement Products where appropriate;
provide refunds where appropriate;
cooperate with relevant regulatory authorities.

Customers agree to cooperate reasonably with any lawful Product recall process.

35. CUSTOMER RESPONSIBILITIES

Customers agree to:

inspect Products upon receipt;
follow all Product instructions;
use Products only for their intended purpose;
store Products appropriately;
discontinue use where a Product appears damaged or defective.

Failure to follow Product instructions may affect eligibility for certain remedies where permitted by law.

36. LIMITATION OF REMEDIES

Where permitted by applicable law and subject to consumers' statutory rights:

remedies shall be limited to those available under applicable legislation or expressly provided by Potty Paper;
customers shall not be entitled to duplicate remedies for the same claim.

Nothing in this clause limits rights that cannot lawfully be excluded.

37. PRODUCT PURPOSE

37.1 Intended Use

Potty Paper is a disposable toilet seat cover designed to provide a physical barrier between the user and a toilet seat during ordinary use.

The Product is intended solely for this purpose and must be used in accordance with any instructions provided on the Product packaging, the Website or accompanying materials.

37.2 Product Range

These Product-Specific Terms apply to Potty Paper disposable toilet seat covers and, unless otherwise stated, to any related hygiene products offered by Potty Paper from time to time.

38. SINGLE-USE PRODUCT

Potty Paper is designed for single use only.

Customers should dispose of each toilet seat cover after one use.

The Product is not intended to be reused, washed, sanitized or reconditioned for subsequent use.

Potty Paper accepts no responsibility for issues arising from the reuse or improper handling of Products after their intended use.

39. PROPER USE

Customers agree to use Potty Paper:

only as intended;
in accordance with any instructions supplied;
on suitable toilet seats;
in a manner consistent with ordinary personal hygiene practices.

The Product should not be modified, altered or used for purposes other than those for which it was designed.

40. DISPOSAL

Unless Potty Paper expressly states otherwise on the Product packaging or Website, Products should be disposed of in an appropriate waste receptacle after use.

Potty Paper is not designed to be flushed down toilets.

Customers are responsible for following disposal instructions provided with the Product.

Potty Paper shall not be responsible for plumbing damage, blocked drainage systems or related losses resulting from disposal contrary to the provided instructions.

41. CHILDREN

While Potty Paper may be used to assist young children during toilet use, it is not a toy.

Children should use the Product only under the supervision of a responsible adult where supervision is reasonably required.

Packaging materials should be kept away from infants and young children to reduce the risk of suffocation or other hazards.

42. PRODUCT SAFETY

Customers should inspect the Product before use.

The Product should not be used if:

the packaging appears damaged;
the Product appears contaminated;
the Product shows signs of deterioration;
there is reason to believe the Product has been compromised.

Customers should discontinue use immediately if they reasonably believe the Product may be unsuitable for use.

43. HYGIENE

Potty Paper is intended to complement good personal hygiene practices.

Customers should continue to follow appropriate hygiene measures, including washing hands after using toilet facilities.

The use of Potty Paper does not remove the need for ordinary hygiene precautions.

44. MEDICAL DISCLAIMER

Potty Paper is not:

a medical device;
a sterile medical product;
personal protective equipment;
a substitute for proper hygiene practices.

Unless expressly stated by Potty Paper in writing, the Product is not represented as preventing, diagnosing, treating or curing any disease or medical condition.

No guarantee is given that use of the Product will prevent exposure to bacteria, viruses, fungi or other microorganisms.

45. ALLERGIES AND SENSITIVITIES

Customers who have known sensitivities or allergies to paper or plastic products or any materials used in the Product should discontinue use if irritation occurs and seek appropriate professional advice where necessary.

To the extent permitted by law, Potty Paper shall not be responsible for reactions resulting from undisclosed individual sensitivities where the Product is free from manufacturing defects.

46. STORAGE

Products should be stored:

in a clean, dry environment;
away from excessive moisture;
away from direct sunlight;
away from excessive heat;
in accordance with any storage instructions appearing on the packaging.

Improper storage may affect Product quality.

47. COMMERCIAL RESALE

Unless otherwise agreed in writing, Products purchased through the Website are intended for end users.

Nothing in these Terms prohibits lawful resale. However, Potty Paper shall not be responsible for the quality, storage, handling, packaging, representations or customer service provided by unauthorized third-party resellers after the Products leave our control.

Any warranties or guarantees provided by Potty Paper apply only to Products that have been stored, handled and sold in accordance with these Terms and applicable instructions.

48. CUSTOMER RESPONSIBILITY

Customers acknowledge that they are responsible for:

selecting Products suitable for their intended purpose;
reading all instructions provided;
using Products responsibly;
supervising children where appropriate;
disposing of Products correctly.

Failure to follow Product instructions may affect certain remedies where permitted by applicable law.

49. PRODUCT IMPROVEMENTS

Potty Paper continually seeks to improve its Products.

Accordingly, we reserve the right to make reasonable changes to:

materials;
packaging;
appearance;
dimensions;
manufacturing processes;
product features,

provided such changes do not materially reduce the quality, safety or intended functionality of the Product without appropriate notice where required by law.

50. OWNERSHIP OF INTELLECTUAL PROPERTY

50.1 Ownership

Unless otherwise stated, all intellectual property rights in and to the Website and its contents are owned by or licensed to Potty Paper.

These rights include, without limitation:

the Potty Paper name;
logos;
trade marks;
business names;
domain names;
product names;
the Potty Paper whale mascot and related artwork;
product packaging and packaging designs;
product labels;
website design;
website layout;
text;
graphics;
illustrations;
icons;
photographs;
videos;
audio;
software;
source code (where applicable);
databases;
catalogues;
product descriptions;
marketing material;
advertising content; and
all other content appearing on the Website.

All intellectual property rights are reserved unless expressly stated otherwise.

50.2 No Transfer of Rights

Nothing contained in these Terms transfers ownership of any intellectual property rights to you.

Your use of the Website grants only the limited license expressly described in these Terms.

51. COPYRIGHT

All copyright subsisting in the Website and its contents is protected under applicable copyright laws.

Except as permitted by law or these Terms, no content may be:

copied;
reproduced;
republished;
distributed;
transmitted;
displayed;
modified;
adapted;
translated;
incorporated into another work;
exploited commercially,

without Potty Paper's prior written consent.

52. TRADE MARKS

All registered and unregistered trade marks, logos, branding, slogans and trade dress displayed on the Website belong to Potty Paper or their respective owners.

Nothing contained on the Website grants any license or right to use any trade mark without prior written permission.

Unauthorized use may constitute trade mark infringement or passing off under applicable South African law.

53. PRODUCT PHOTOGRAPHY AND MEDIA

All product photographs, lifestyle images, promotional videos, graphics and other visual content created for Potty Paper remain the property of Potty Paper or its licensors unless otherwise indicated.

Customers may not reproduce or use such materials for commercial purposes without prior written consent.

This restriction does not prevent customers from sharing genuine photographs of Products they have purchased for lawful, non-commercial purposes, provided such sharing does not infringe the rights of others or misrepresent Potty Paper or its Products.

54. USER-GENERATED CONTENT

54.1 Submission of Content

Where you submit content to Potty Paper, including:

product reviews;
ratings;
comments;
testimonials;
photographs;
videos;
social media posts tagged or submitted to Potty Paper;
competition entries; or
other material,

you confirm that:

you own the content or have the necessary rights to submit it;
the content does not infringe the rights of any third party;
the content complies with applicable law.

54.2 License Granted to Potty Paper

By voluntarily submitting content to Potty Paper for publication or promotional purposes, you grant Potty Paper a non-exclusive, worldwide, royalty-free, transferable and sub-licensable license to use, reproduce, publish, display, adapt and distribute that content in connection with the operation, promotion and marketing of Potty Paper and its Products.

Where the content includes personal information, Potty Paper will process that information in accordance with its Privacy Policy and applicable data protection laws.

You may request that we stop using your content for future promotional purposes, and we will consider such requests reasonably. This does not require us to remove content that has already been lawfully published or distributed where removal is not reasonably practicable or where we are legally entitled to retain or use it.

54.3 No Obligation to Publish

Potty Paper is under no obligation to publish, maintain or continue displaying any user-submitted content.

We reserve the right to remove content that:

is unlawful;
is misleading;
is offensive;
infringes intellectual property rights;
contains spam;
contains malicious software;
violates these Terms; or
may expose Potty Paper or others to legal risk.

55. CUSTOMER REVIEWS

Reviews submitted by customers represent the opinions of those customers and do not necessarily reflect the views of Potty Paper.

Potty Paper may moderate reviews to remove:

unlawful content;
abusive language;
spam;
duplicate submissions;
reviews that are demonstrably false or misleading.

Potty Paper will not alter the substance of genuine customer reviews in a manner that misrepresents the reviewer's opinion.

56. FEEDBACK

Any suggestions, ideas, recommendations or feedback voluntarily provided to Potty Paper regarding its Products, Website or services may be used by Potty Paper without any obligation to compensate the person providing the feedback.

Nothing in this clause transfers ownership of pre-existing intellectual property belonging to the person providing the feedback.

57. REPORTING INFRINGEMENT

If you believe that content appearing on the Website infringes your intellectual property rights, you may notify Potty Paper by providing:

your contact details;
identification of the work or right allegedly infringed;
identification of the allegedly infringing material;
the basis of your claim; and
any supporting documentation reasonably necessary for us to investigate.

Potty Paper will investigate complaints in good faith and take appropriate action where warranted.

58. RESERVATION OF RIGHTS

Except for the limited rights expressly granted under these Terms, Potty Paper reserves all rights in and to its intellectual property.

No license shall be implied merely because content is made available on the Website.

59. GENERAL DISCLAIMER

The Website and all Products are provided subject to applicable South African law and the terms contained in this Agreement.

While Potty Paper exercises reasonable care in preparing Website content and supplying its Products, we do not warrant that:

the Website will always be available;
the Website will always be free from errors;
information published will always be completely accurate or current;
technical faults will never occur.

Nothing in this clause limits any rights that consumers may have under applicable law.

60. WEBSITE INFORMATION

Information published on the Website is provided for general informational purposes only.

Although Potty Paper makes reasonable efforts to ensure accuracy, we do not guarantee that all information will always be:

complete;
current;
error-free;
suitable for every customer's individual circumstances.

Customers remain responsible for determining whether a Product is suitable for their intended purpose.

61. NO MEDICAL ADVICE

Nothing published by Potty Paper constitutes:

medical advice;
healthcare advice;
infection control advice;
professional healthcare recommendations.

Customers should seek appropriate professional advice where medical or health-related guidance is required.

62. LIMITATION OF LIABILITY

62.1 General Limitation

To the fullest extent permitted by applicable law, Potty Paper shall not be liable for any loss, damage, expense or liability except where such liability arises directly from:

our negligence;
our breach of these Terms;
a statutory obligation that cannot lawfully be excluded; or
any other circumstance in which liability cannot lawfully be limited or excluded.

62.2 Indirect Loss

Subject to applicable law, Potty Paper shall not be liable for indirect or consequential loss, including but not limited to:

loss of profits;
loss of revenue;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill;
loss of reputation;
business interruption;
loss of data,

where such losses do not arise from liability that cannot lawfully be excluded.

62.3 Third-Party Services

Potty Paper shall not be responsible for failures caused solely by independent third parties, including:

payment service providers;
courier companies;
telecommunications providers;
internet service providers;
cloud hosting providers;

except where Potty Paper is legally responsible for the acts or omissions of such parties.

62.4 Customer Devices

Potty Paper shall not be liable for damage arising from incompatibility between the Website and a customer's own:

computer;
mobile device;
browser;
operating system;
internet connection.

62.5 Security

While Potty Paper employs reasonable security measures, no online platform can guarantee absolute security.

Customers acknowledge the inherent risks associated with internet communications.

Nothing in this clause excludes liability arising from Potty Paper's failure to comply with applicable legal obligations concerning information security.

63. PRODUCT LIABILITY

Potty Paper shall not be responsible for loss or damage arising from:

use of Products contrary to instructions;
misuse of Products;
unauthorized modification of Products;
improper storage after delivery;
reuse of single-use Products;
disposal contrary to Product instructions;
use for purposes other than those for which the Product was designed,

except where liability cannot lawfully be excluded under applicable legislation.

64. CUSTOMER RESPONSIBILITY

Customers acknowledge that they are responsible for:

reading Product instructions;
following safety guidance;
inspecting Products before use;
using Products responsibly;
supervising children where appropriate;
complying with applicable disposal instructions.

65. INDEMNITY

To the extent permitted by law, you agree to indemnify and hold harmless Potty Paper, its directors, officers, employees and authorized representatives against claims, liabilities, losses, damages, costs and expenses arising directly from:

your breach of these Terms;
your unlawful use of the Website;
your infringement of another person's rights;
fraudulent conduct by you;
your misuse of Products;
your negligent acts or omissions.

This indemnity does not apply to the extent that any loss arises from Potty Paper's own negligence, unlawful conduct or liability that cannot lawfully be excluded.

66. MAXIMUM LIABILITY

Where liability is established and may lawfully be limited, Potty Paper's total liability arising from a particular claim shall not exceed the amount paid by the customer for the Product giving rise to the claim, except where:

applicable legislation provides otherwise;
such limitation would be unlawful or unreasonable; or
liability cannot lawfully be limited.

67. DUTY TO MITIGATE

Where a customer suffers loss, the customer agrees to take reasonable steps to mitigate that loss where reasonably possible.

Nothing in this clause affects any mandatory rights provided by law.

68. INSURANCE

Customers are responsible for obtaining any insurance they consider necessary to protect against losses not assumed by Potty Paper under these Terms.

69. SURVIVAL

Any provision of these Terms which, by its nature, is intended to survive termination or completion of an Order shall continue in force, including provisions relating to:

intellectual property;
confidentiality (where applicable);
liability;
indemnities;
governing law;
dispute resolution;
outstanding payment obligations.

70. PRIVACY

Your privacy is important to Potty Paper.

Any collection, use, storage and disclosure of personal information will be carried out in accordance with:

our Privacy Policy;
the Protection of Personal Information Act 4 of 2013 (POPIA); and
other applicable laws.

Our Privacy Policy forms part of these Terms and should be read together with this Agreement.

71. ELECTRONIC COMMUNICATIONS

By using the Website, creating an account or placing an Order, you consent to receiving communications electronically where permitted by law.

These communications may include:

quotations;
order confirmations;
invoices;
shipping updates;
customer service communications;
legal notices;
amendments to our policies;
security notifications.

Electronic communications shall satisfy any legal requirement that communications be in writing where recognized under applicable law.

72. NOTICES

Any notice required under these Terms may be provided:

by email;
through your customer account (where applicable);
by publication on the Website where appropriate; or
by any other method permitted by law.

Customers are responsible for ensuring that their contact details remain accurate and up to date.

A notice will generally be regarded as received when it is reasonably capable of being accessed by the recipient, subject to applicable law.

73. GOVERNING LAW

These Terms, your use of the Website and any Orders placed through the Website shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

74. JURISDICTION

Subject to any rights afforded to consumers under applicable legislation, the courts of the Republic of South Africa shall have jurisdiction over any dispute arising from or relating to these Terms, the Website or any Products supplied by Potty Paper.

Nothing in this clause limits any statutory rights regarding the appropriate forum for resolving disputes.

75. DISPUTE RESOLUTION

Potty Paper values resolving disputes fairly, efficiently and in good faith.

If a dispute arises, we encourage customers to contact us first so that we can attempt to resolve the matter amicably.

Nothing in this clause prevents either party from exercising any rights available under applicable law, including approaching an appropriate court, tribunal, ombud or regulatory authority where entitled to do so.

76. COMPLIANCE WITH APPLICABLE LAW

Both Potty Paper and its customers agree to comply with all applicable laws relating to the use of the Website, the purchase and sale of Products and the performance of these Terms.

77. ASSIGNMENT

Potty Paper may assign, transfer or subcontract any of its rights or obligations under these Terms where reasonably necessary for business operations, provided that doing so does not reduce any mandatory rights available to customers under applicable law.

Customers may not assign or transfer their rights or obligations under these Terms without Potty Paper's prior written consent, except where such restriction would be contrary to law.

78. NO WAIVER

If Potty Paper delays or fails to exercise any right under these Terms, that delay or failure shall not constitute a waiver of that right.

Any waiver shall only be effective if made expressly and in writing.

A waiver of one breach shall not constitute a waiver of any subsequent breach.

79. SEVERABILITY

If any provision of these Terms is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall be severed only to the extent necessary.

The remaining provisions shall continue in full force and effect.

Where reasonably possible, any invalid provision shall be interpreted or replaced in a manner that most closely reflects its original commercial purpose while remaining lawful.

80. ENTIRE AGREEMENT

These Terms, together with:

the Privacy Policy;
the Returns & Refund Policy;
any additional terms expressly incorporated by reference; and
any Order confirmations issued by Potty Paper,

constitute the entire agreement between Potty Paper and the customer relating to the use of the Website and the purchase of Products.

They supersede all prior discussions, representations and understandings relating to the same subject matter, except where prohibited by applicable law.

81. RELATIONSHIP OF THE PARTIES

Nothing contained in these Terms creates:

a partnership;
a joint venture;
an employment relationship;
an agency relationship; or
a franchise,

between Potty Paper and any customer.

82. NO THIRD-PARTY RIGHTS

Except where expressly provided by law, these Terms are intended solely for the benefit of Potty Paper and its customers.

No third party shall acquire any rights under these Terms solely by virtue of this Agreement.

83. HEADINGS

Headings are included for convenience only and shall not affect the interpretation of these Terms.

84. LANGUAGE

These Terms are published in English.

If they are translated into another language, the English version shall prevail to the extent permitted by law in the event of any inconsistency.

85. CHANGES TO THE WEBSITE

Potty Paper may modify, suspend, discontinue or update any aspect of the Website, Products or services where reasonably necessary for operational, commercial, legal or security reasons.

Such changes will not affect rights that have already accrued under accepted Orders unless required by law.

86. CONTACT DETAILS

If you have any questions regarding these Terms, please contact us using the details below:

Potty Paper

Registered Office:
1st Floor, Liberty Life Building, 21 Aurora Drive

Umhlanga

4301

KwaZulu-Natal

South Africa

Email:
hello@pottypaper.co.za

Phone: 065 756 5552

Website:
https://pottypaper.co.za/