Terms of Service
Terms of Service
These Terms of Service reproduce and must be read consistently with OnlineHomeStore's Terms & Conditions. The Terms & Conditions remain the authoritative master document and these Terms of Service do not replace or vary them.
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
We are: OnlineHomeStore
Our address is: Bellairs Drive, Johannesburg, Gauteng
You are: a visitor to Our Website / our customer
The terms and conditions:
1. Definitions
In this agreement:
“Carrier”
means any person or business contracted by us to carry Goods from us to you.
“Consumer”
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content”
means any content in any form published on Our Website by us or any third party with our consent.
“Goods”
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website”
means any website of ours and includes all web pages controlled by us.
2. Interpretation
In this agreement, unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
- these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and, so far as the context allows, to you as a visitor to Our Website.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other terms not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person, you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are immediately available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
- We sell Goods for delivery within the borders of South Africa only. You must provide a delivery address within South Africa. International or cross-border customers may nominate a freight forwarder of their choice within South Africa, but our delivery obligation ends when the Goods are delivered to that South African address.
4. Acceptance of your order
- Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the Goods you order in stock, we will offer you reasonable alternatives for your consideration. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
5. Price and Payment
At OnlineHomeStore, we aim to provide customers with an easy, simple and efficient purchasing experience, together with convenient payment options.
When placing an order through Our Website, payment can be made through our secure payment gateways using the payment methods supported and displayed at checkout, which may include:
- Instant EFT
- Visa
- Mastercard
- Amex
Payment transactions processed through our payment gateways are encrypted and handled securely by the applicable payment service provider.
Direct EFT payments
Customers who prefer not to make payment through the payment gateways available on Our Website may request a quotation from us and make payment directly to OnlineHomeStore by EFT. Where payment is made by direct EFT, no stock will be secured with a supplier and no Goods will be dispatched until our bank has confirmed that the funds have cleared in our account. A proof of payment supplied by the customer does not constitute confirmation that cleared funds have been received.
The Price is as set out in the order.
Please Note: We do not offer products on an approval (appro) basis. Customers should therefore review product details and specifications carefully and satisfy themselves that the product is suitable before completing an order. Returns, cancellations and exchanges are accepted only in accordance with the applicable conditions, timeframes and costs set out in these Terms & Conditions. If you have any questions or require assistance before making a purchase, our team is available to assist.
- Prices include value-added tax (“VAT”).
- All prices are subject to stock availability and exchange rate fluctuation.
- Prices may change without notice.
- It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.
- If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than ZAR will be borne by you.
- Any information given by us in relation to exchange rates is approximate only and may vary from time to time.
- If by mistake we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on the checkout page of Our Website before we ask you to pay.
- If we owe you money for this or any other reason, any confirmed and accepted refund will be processed by EFT or, where applicable, by reversal to the original payment method, in accordance with the refund provisions set out in these Terms & Conditions.
- We do not process cash refunds.
*Discount codes provided do not apply to, and may not be used in conjunction with, any other already-discounted item or free-gift offer.
6. Security of your credit card
- We have stringent security measures in place to make sure that Our Website is safe for you to use.
- Card payments are processed through secure third-party payment service providers and/or payment gateways. OnlineHomeStore does not have access to or independently store your complete card details. Payment information is handled securely by the applicable payment service provider or payment gateway in accordance with its payment-processing requirements.
7. If you buy as a Consumer
This paragraph applies if and only if you are a consumer as defined in the Electronic Communications and Transactions Act 2002.
As required by the law, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions.
You may cancel your order at any time before the expiry of 7 calendar days from the date you receive the Goods, not including the day on which you received them, subject to the conditions below and the applicable return requirements in section 12.
- The product must be unused, undamaged and in its original unopened packaging.
The option to cancel your order is not available:
- If the product has been used, becomes damaged or the packaging has been opened;
- if you purchase sealed Goods which relate to health or hygiene and they become unsealed after delivery, or cannot be re-sold for some other reason;
- if the goods become mixed inseparably (according to their nature) with other items after delivery.
- If you decide to cancel the order as mentioned above, you are responsible for the cost of returning the Goods. We have no obligation to refund to you your cost of re-packing and returning the Goods, nor bank/admin costs incurred at time of placing your order.
- If the Goods you return show any sign of damage or loss due to your checking, then we shall be entitled to deduct the cost from your refund money.
- In the event of cancellation of an order by you in compliance with these terms, any refund due will be processed in accordance with section 13.
- To assist us in identifying your Goods on receipt by us, we ask you to provide a contactable telephone/cell phone number for a return reference to be placed below our address/returns label.
- This paragraph does not affect your rights in the event that the Goods are delivered faulty / damaged.
8. Delivery/Shipping
- The delivery fee will be billed at checkout. The delivery fee and cost of purchase must be paid in full at checkout in order for an order to be dispatched.
- We do not offer a standard customer collection option, as we trade online only and typically ship directly from suppliers across South Africa to customers nationally within the borders of South Africa. In limited circumstances, and only by prior arrangement, we may at our discretion permit collection by a customer-appointed courier on an individual case-by-case basis. This is not a generally available collection service.
Guide to general basic shipping rates to major centres throughout SA:
- SA = R125 Standard Economy Service across South Africa (door-to-door, all major towns, cities, suburbs and The Courier Guy depots) - item dependent.
- *Regional/outlying surcharges will still apply where applicable.
- *Bulk, oversized or high-volumetric orders may be subject to a different shipping cost dependent on the items being purchased, the size and volumetric characteristics of the shipment, the order value and the destination.
-
We do not ship outside the borders of South Africa.
- Cross-border customers: We will deliver to your nominated freight forwarder within the borders of South Africa. Any onward export, cross-border transport, import requirements, duties, taxes or related costs are the customer's responsibility.
Shipping charges and order value:
- Shipping rates may vary depending on the items being purchased and the size and volumetric characteristics of the consignment. Bulky or oversized items may attract a higher shipping rate.
- *FREE Shipping may apply to orders over R5000.00 for delivery to major centres within South Africa. Free shipping is dependent on the order value, size and volumetric characteristics of the items ordered. Bulky, oversized or other orders attracting higher delivery costs may still be subject to a delivery charge, determined according to the items purchased and delivery destination. Regional and outlying surcharges will apply where applicable.
Regional/outlying surcharges apply to shipments to these areas as defined by The Courier Guy.
Goods are generally delivered within 4-7 business days, unless a different delivery timeframe is stated on the applicable product page. Major centres are typically delivered within 24-72 hours, while delivery to regional and outlying areas typically takes 4-7 business days and may, depending on the destination and circumstances, take a day or two longer. These timeframes are estimates and every reasonable effort is made to have orders delivered as soon as possible.
9. Outlying/Rural Areas Surcharge (*As defined by The Courier)
- Higher costs may apply to outlying/rural areas (as defined by The Courier). This surcharge can only be established and provided if the customer enquires before placing an order or, if not enquired about beforehand, after the order has been placed.
- Should a surcharge apply to your area of delivery, this will be communicated to you ASAP. The surcharge will be payable via EFT, prior to the order being dispatched, failing which we reserve the right to cancel the order and reverse the payment made via original payment method or EFT.
- It must be noted that we do not apply a mark-up to any courier costs, aiming to simply cover the actual cost of shipping. These costs cannot be absorbed into the margins of items as this will not allow us to remain competitive with our pricing.
*Click HERE to view Route Guide for Rural, Outlying or Remote Areas*
- Our carriers are outsourced & deliver between 09h00 and 17h00 from Monday to Friday (excluding public holidays). Our ability to deliver efficiently & timeously is subject to the availability of product ordered and the provision of an accurate & comprehensive delivery address, including correct contact details of the consignee. Orders cannot be delivered to a P.O. Box. Deliveries to a FARM carry a surcharge imposed by The Courier Guy.
- Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- If we are not able to deliver your Goods within 7 working days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
- We may deliver the Goods in instalments if they are not all available at the same time for delivery or are sourced from different suppliers across the country.
- Goods are sent at our risk – unless sent by the supplier's own courier - until signed for by you or by any other responsible person you have appointed at the delivery address.
- All Goods must be signed for on delivery by an adult aged 18 years or older. If no one of that age is at the address when delivery is attempted, the Goods may be retained by the driver. When your Goods arrive, it is important that you immediately check their condition and quantity. If the Goods have been damaged in transit or short-delivered, you must refuse the affected delivery and immediately contact us so that we may investigate, arrange the appropriate resolution and minimise your inconvenience.
- Please provide us with as many images as possible of any visible damage to the parcel/s and Goods.
- Goods confirmed as having been damaged in transit will be replaced. We will require images of the damage in order to support our claim with the courier.
- If damage or shortages are not reported immediately or within 24 hours of delivery, we will not be liable or able to assist.
- Upon signing for delivery, whether by signature or PIN, you confirm that the order has been delivered correctly and in good order.
- Signing "Unchecked", "Not Checked" or similar is not acceptable.
- If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. We are therefore not liable to you for any expense or inconvenience you may incur on account of delayed delivery or non-delivery.
- All goods will generally be delivered direct from the manufacturer/supplier. When delivery of the Goods has been arranged directly with the manufacturer / supplier, you will be subject to the manufacturer's delivery policy.
- Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
- Where, by prior arrangement and at our discretion, we permit collection by a customer-appointed courier, the Goods will be handed over to that courier in good order. Once handed over, the onward transport is at the customer's risk and we accept no responsibility for the condition in which the customer-appointed courier subsequently delivers the Goods. All reasonable care is taken to ensure that orders are packaged safely for courier transport.
10. Foreign taxes and duties
- We sell and deliver Goods within the borders of South Africa only. International or cross-border customers may arrange for us to deliver their Goods to a freight forwarder of their choice within South Africa.
- Where Goods are subsequently exported from South Africa or imported into another country, you are responsible for ensuring that the Goods may lawfully be imported into the destination country and for any import duties, taxes, customs charges or other costs that may apply.
- We have no knowledge of, and accept no responsibility for, the laws, import requirements, duties, taxes or other charges that may apply when Goods are subsequently imported into another country.
11. Liability for subsequent defects
We will address Goods which fail to comply with the provisions of the Consumer Protection Act 2008 or which are claimed to show a defect, subject to the applicable assessment and remedies. If you claim that an item is defective, the following conditions apply:
- the defect must be reported to us within 24 hours of becoming apparent;
- the defect results only from faulty design or manufacture;
- you have returned the defective Goods or parts to us if we have so requested.
- As we are not the technical experts for the products we sell, Goods claimed to be defective may be sent to the supplier, manufacturer or authorised service agent, as applicable, for inspection and confirmation of the defect or fault.
- Should the supplier, manufacturer or authorised service agent confirm a defect or fault, we will refund the reasonable cost of return carriage where applicable and will provide the applicable repair, replacement or other remedy in accordance with these Terms & Conditions.
- Any remedy provided under this section is subject to rights and remedies that cannot lawfully be excluded or limited.
12. Returns & Exchanges
These provisions apply in the event that you return any Goods to us for any reason:
Please Note: We do not offer products on an approval (appro) basis. Customers should therefore review product details and specifications carefully and satisfy themselves that the product is suitable before completing an order. Returns, cancellations and exchanges are accepted only in accordance with the applicable conditions, timeframes and costs set out in these Terms & Conditions. If you have any questions or require assistance before making a purchase, our team is available to assist.
- We accept returns in accordance with the provisions set out below for Goods that are defective, as well as qualifying returns arising from an incorrect purchase or change of mind, subject in each case to the applicable conditions, timeframes, costs and return requirements set out in these Terms & Conditions.
- Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs, sockets & manufacturer installation requirements.
- Goods claimed to be defective must be reported and returned or made available for assessment as soon as reasonably practicable after the defect is discovered, subject to the applicable provisions of these Terms & Conditions.
Orders are to be returned:
- Unused, undamaged and in original packaging
- with both Goods and all packaging in their original condition;
- securely and appropriately packaged to protect the Goods against damage while in return transit;
- including our delivery slip;
- at your risk and cost where the return is not due to a confirmed fault or defect, subject to the provisions below.
Return packaging responsibility: Where Goods are being returned, you are responsible for ensuring that the Goods are properly and securely packaged for return transit so that they are adequately protected against damage, whether the return transport is arranged by OnlineHomeStore or by you using your own courier. As we are not present when the Goods are packaged for return, it is your responsibility to ensure that the Goods, together with all applicable parts, accessories and packaging, are returned in good order.
You must inform us by email to info@onlinehomestore.co.za that you would like to return Goods, specifying exactly what Goods, when purchased, and giving full details of the defect or other reason for return. We will then confirm via return mail that you are to return the goods. If you send Goods to us without an e-mail confirming the return, we may not be able to identify sufficient details to enable us to attend to your complaint.
- In returning faulty Goods, please enclose with it a note clearly stating the fault and when it arises or arose.
- The cost of the return is for your account where the return is not due to a confirmed fault or defect. Where a fault or defect is confirmed, the applicable return-carriage provisions in these Terms & Conditions will apply.
- Where Goods are covered by a manufacturer's guarantee or warranty, warranty claims may be referred to the manufacturer, supplier or authorised service agent for inspection and assessment, as applicable. Please first check the plug, fuse, batteries and the manufacturer's operating and installation instructions where relevant to the product.
- Note that we are resellers of products direct from suppliers; we do not provide product training, workshops or the like for any product sold on our website. We will, with all requests for training, direct you to the product user manual and/or service agents.
If we agree that the Goods are faulty, we will:
- refund the reasonable cost of return carriage where applicable; and
- provide the applicable repair, replacement or other remedy in accordance with these Terms & Conditions and any rights and remedies that cannot lawfully be excluded.
Should a consumer make a purchase and decide to cancel because the purchase was made in error or because the consumer has had a change of mind, whether before or after delivery, the consumer must notify us within 24 hours of receipt where the Goods have already been delivered, so that the return can be arranged and completed within the required timeframe. A 10% admin/handling fee and any applicable re-stocking fee will be deducted from the amount paid by the consumer to cover banking and administrative costs/fees already incurred. The balance, excluding the actual shipping fee which is not refundable, will be refunded to the consumer by EFT or reversal to the original payment method, only once the consumer's funds have cleared in our account and after the returned item/s have been received and determined to be in good order. As we do not hold stock and generally ship directly from suppliers, suppliers may impose a restocking fee, which may range between 10-20%, for returns. Where such a fee applies, the consumer will be liable for that cost and it will additionally be deducted from the amount to be refunded. In addition, the return of the order in such instances will be at the consumer's risk and cost. The returned item/s must reach us within 7 working days of receipt of the item/s having been delivered. If not, we will not accept the return. The consumer remains responsible for ensuring that returned Goods are properly and securely packaged and reach us or the applicable supplier in good order, regardless of whether the return courier is arranged by OnlineHomeStore or by the consumer.
NOTE: In particular, but not limited to, all Bedding, Linen, Curtains & Bathroom items have a minimum 10% restocking fee if returned or exchanged. Notification of the return must be made within 24 hours of receipt of the order because returns to our supplier are extremely time-sensitive, and the product must arrive back with us within 7 days of the order having been received, in its original, unopened packaging.
- For all returns and exchanges where there is no manufacturing fault, we will require image/s showing the product in its unopened state and original packaging before a return will be arranged.
- We strongly encourage customers to ask as many questions as necessary before placing an order. If you remain uncertain about the suitability, appearance, size, colour, feel or other characteristics of a product that cannot adequately be assessed online, we recommend viewing a suitable product in person at a brick-and-mortar retailer before purchasing. Change-of-mind or incorrect-purchase returns can result in costs to the customer as set out above.
Because we generally ship directly from suppliers, in the unlikely event of an out-of-box failure (where an item is received and immediately found to be faulty), we will arrange collection of the item for assessment by the supplier or may direct you to an appropriate service agent. Unlike a brick-and-mortar retailer that may hold replacement stock on hand, this assessment and replacement process can take additional time. Where a manufacturer fault is confirmed, the supplier may ship a replacement item directly to you. This process may take up to 10 working days, and we do not provide loan units.
13. Refunds
- All confirmed and accepted refunds will be processed by EFT or, where applicable, by reversal to the original payment method.
- Where an EFT refund is required, OnlineHomeStore may request the customer's banking details for the account into which the refund is to be paid.
- Once a refund has been accepted as due and any funds relating to the original transaction have cleared in our account, OnlineHomeStore will process the refund as soon as reasonably practicable and, in any event, no later than 7 working days thereafter.
- Once the refund or payment reversal has been processed by OnlineHomeStore, it may take up to 72 business hours for the funds to reflect in the account holder's account, depending on the relevant banking institutions and payment method. This banking processing period is outside OnlineHomeStore's control.
- Proof of the refund or reversal transaction will be emailed to the customer once it has been processed.
- We do not process cash refunds.
14. Disclaimers
Nothing in this section is intended to exclude, restrict or override any right or remedy that cannot lawfully be excluded or limited, including applicable rights relating to defective Goods addressed elsewhere in these Terms & Conditions.
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All the conditions, warranties or other terms implied by the law of any country other than South Africa are excluded from this agreement to the extent permitted by law.
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.
Subject to the qualification above and to the maximum extent permitted by law, we give no additional warranty and make no additional representation, express or implied, as to:
- the quality of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on Our Website;
- non-infringement of any right.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
15. Your account with us & The Protection of Personal Information Act (POPIA)
- You agree that you have provided, and will continue to provide, accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
OnlineHomeStore will:
- Treat your personal information as strictly confidential, save where we are entitled to share it as set out herein;
- Take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- Provide you with access to your personal information to view and/or update personal details;
- Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- Provide you with reasonable evidence of our compliance with our obligations on reasonable notice and request; and
- Upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
We will not retain your personal information longer than the period for which it is needed, unless we are legally required to do so, or if you consent to us retaining such information for a longer period.
16. What information do we collect?
- Information is collected when a customer registers on our site, places an order or submits a query.
- Information that may be collected and which you may be required to provide includes your Name, email address, Delivery address and/or contact number.
17. What do we use the information for?
The information that is collected may be used in one or more of the following manners:-
- To improve our customer service, website or service offering;
- Process orders and transactions;
- Ensure delivery of your order via a third-party courier service;
- Send communications to you regarding our business or promotions.
Where an email address is provided, we undertake only to use it for purposes of communicating with you regarding an order placed with us, unless you specifically provide permission through an opt-in function to receive various communications transmitted to our mailing list including website news, product information, promotions, updates etc.
Should you opt-in to our mailing list and at any stage decide that you would like to unsubscribe from any future emails, an unsubscribe option is available in our emails.
18. How is your information protected?
- We use data encryption on all sensitive information to protect user information.
- We have no access to your password and are only able to send you a system-generated email which will allow you to reset your password.
- We do not sell your personal information or disclose it to third parties except where reasonably necessary to operate Our Website, process or administer your order, process payment, arrange fulfilment or delivery, provide customer service, comply with a legal obligation, protect our legitimate rights, or otherwise where permitted or required by law. Where personal information is provided to a third-party service provider, only information reasonably necessary for the applicable purpose will be disclosed.
19. Third party disclosure
- We will never sell your personally identifiable information. We will disclose or transfer personal information to third parties only where reasonably necessary for a legitimate purpose described in these Terms & Conditions, where you have authorised the disclosure, or where permitted or required by law.
- This may include third parties who assist in the administration or operation of Our Website, payment processing, order fulfilment, service delivery or administration to you as the customer. Such disclosure will be limited to what is reasonably necessary for the applicable legitimate purpose.
- We may also disclose your information where required to do so by law or a law enforcement agency or to protect the rights of OnlineHomeStore and other users.
- Non-personally identifiable data may be disclosed to third parties for purposes such as marketing, market research or statistical analysis.
20. Use of cookies
The website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. Please note that cookies may be necessary to provide you with certain features available on our website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the remainder of provisions of this clause.
21. Third party links
- Where we include or offer third party products or services on our website, such websites are not subject to these Terms and Conditions and will be subject to their own privacy policies.
- It is your responsibility to familiarise yourself with such policies and OnlineHomeStore shall have no responsibility or liability for the content of activities of these linked sites.
22. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
- share with a third party any login credentials to Our Website.
Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website.
23. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Goods;
- a breach of the intellectual property rights of any person.
24. Intellectual Property
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
25. Miscellaneous matters
- When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- OnlineHomeStore respects your privacy and takes reasonable steps to protect your personal information as contemplated in applicable South African privacy legislation, including the Protection of Personal Information Act 2013. Our more detailed privacy provisions are set out in these Terms & Conditions and in our Privacy Policy, which must remain aligned with these Terms & Conditions.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
- In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.
E&O
All queries may be directed to info@onlinehomestore.co.za