GENERAL TERMS AND CONDITIONS
PART 1: INTERPRETATION AND DEFINITIONS
- Unless inconsistent with or otherwise indicated by the context:
(a) Clause headings in this agreement are for convenience only and shall be ignored in its interpretation.
(b) An expression which denotes a natural person shall include a juristic person and vice versa and the singular shall include the plural and vice versa.
- Where used in this agreement the following expressions shall bear the meanings assigned to them hereunder.
“Agreement” means these terms and conditions;
“Buyer” or “Purchaser” is an active, user or a “Guest User” of the Private Company website being www.potsonline.co.za which provides an online store for the purchase of all manner of artificial plants, pots, troughs, hanging baskets, urns, window boxes, solar dishes. Planters, and barrels for decorative planting.
“Buyer payment options” are the payment options which the Private Company makes available to a buyer now, or in the future to pay for purchases on the website;
“Checkout process” shall mean:
(a) A user clicking on add to cart button after browsing the website
(b) A user being redirected to cart page.
(c) Once the cart has been filled with the desired number of purchases, the User will click on checkout button and proceed with required fields on page
(d) Once payment is completed user will be directed to a Thank You page and checkout process will be complete.
“Private Company” means DISTINCTIVE SPACES PTY LTD with registration number: 2017/206140/07 a Private Company duly incorporated and registered in terms of the Companies Act..
“Fees” means any charges which the company charges in terms of any transactions;
“Guest user” means a user who uses the website without purchasing items/products as advertised on the Website;
“the Company’s Marketing Materials” means any images, links, documents or other marketing materials pre-approved and provided by the company to you and all users via the marketing materials area in the Dashboard that you and all users are authorised to use;
“the Shop” means the store created to sell products listed by the company on its website,
“Indemnified Party” means the company, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of the company, and each of their respective officers, employees, contractors, consultants and agents from time to time;
“Intellectual Property Rights” means any intellectual property as created by the company and/or the products which are advertised on the website.
“Items/Products” shall mean and include, but not be limited to: all manner of decorative and functional pots, troughs, hanging baskets, window boxes, solar dishes, planters, barrels and urns which are most commonly used for the planting of various species of flora.
“Services” the company shall provide You with the “the Company Service” or the “Service” which is a proprietary Internet-based Software as a Service (“SAAS”) system that facilitates the sale of items between the Company and its customers who wish to purchase items as advertised on the website by the Close Corporation.
“Site” or “Website” means the Internet website through which the Company offers the Services from time to time, being www.distinctivespaces.co.za the website is run by Distinctive Spaces Pty Ltd.
“Third-Party payment provider” means any third party that processes payments on behalf of users, namely PayPal.
“Transaction” is created when a Buyer places an order, and makes payment. Once payment is confirmed, the transaction shall be deemed to have taken place.
“user” or “users” means any Buyer(s) or someone who is otherwise using the website;
“VAT” means any value added tax;
“we”, “us”, “our”, “ourselves” and “ Distinctive Spaces Pty Ltd “ are used interchangeably in this Agreement.
“you” or “your” means a user, whether as a Buyer/Purchaser or Guest User, and your successors and permitted assigns; and
“your information” includes all information you provide to us in using this website, including, without limitation, as applicable:
(a) your personal details, including name and address details;
(b) your credit card details;
(d) the information that we learn about you as a result of your use of this Site and the goods and services you purchase if you are a Buyer.
PART 2: TERMS AND CONDITIONS
Your access to this website is conditional to your acceptance and compliance with the terms, conditions and disclaimers.
These general terms and conditions are applicable to the purchase of items or products as advertised on the website – https://www.distinctivespaces.co.za.
- The purpose of the website.
- The primary purpose of this website is to provide for the sale of the items or products which shall mean and include, but not be limited to: artificial plants, artificial greenwalls and all manner of pots, troughs, window boxes, solar dishes, planters, barrels and urns.
- Information on the website.
- Whilst every effort is made to update the information contained on this website, neither the company nor any third party, data or content provider makes any representations or warranties, whether express or implied in law as to the sequence, accuracy, completeness or reliability of the information, opinions, research information, data and/or content contained on the website (“information”) and shall not be bound by any information and/ or content as contained on the website.
- The company has an absolute discretion to change or discontinue, any aspect or feature of this website. We will post details of any changes on the website which will be effective forthwith,
- You rely on the information contained on this website at your own risk. If you find an error or omission on this website, we request that you let us know, and we will endeavour to correct any misrepresentations.
The trade marks, names, logos and service marks (collectively “trademarks”) displayed on this website are trademarks of the close corporation. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the company.
- Remedies Cumulative
All rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law. A notice dealing with amendments or variations or updates of this Agreement will be posted on our website. It is your duty and responsibility to familiarize and understand the amendments or variations or updates. By continuing to use the website, you are deemed to have accepted the amendment, variation or update as binding on you.
- Use of website
- In using this website, you must not:
- illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
- alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect the company’s files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
- impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to the company’s computer systems or those of other users or any other person;
- engage in any practice or conduct that is unlawful under any laws applicable to you;
- copy, modify, or distribute rights or content from the company’s websites, services or tools or the company’s copyrights and trademarks;
- harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on the website without the express permission of the company.
- Disclaimer and Limitation of Liability
- Notwithstanding, and in addition to any other provision in this Agreement, you agree that the Close Corporation will not be liable to You or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this website, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
- A failure, or error in the operation, of all or any part of this website, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;
- Any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this website or network resources or any other computer systems or network resources to which they may be connected by any person.
- In relation to purchases or sales on this website, that were not processed or accepted due to technical difficulties or for any reason whatsoever; this includes any failure of the company to deliver items or products, failure of any buyer to pay, any delay in shipment or payment, any breach or alleged breach of any warranty, covenant or other term, express or implied and relating to any transaction.
- Whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;
- Any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this website, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;
- Any reliance on, the information and material contained on this website about any goods and services or any other information or material whatsoever, or any information and material contained on, and the privacy of, websites linked to this website;
- Any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of the company’s employees, agents, or authorised representatives.
- The failure, or the alleged failure of any items purchased or transferred pursuant to or by use of the Service, or failure of the items to perform or conform to any specifications or terms, whether published on the website or elsewhere.
- To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the Services or anything in these terms and conditions, are excluded unless expressly included in this Agreement.
- Release and Indemnity
- Notwithstanding, and in addition to any other provision in this Agreement, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of your use of the website and any and all services offered;
- the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any users (other than you) made available by use of the Services
- Our right to not accept your order or cancel you purchase;
- We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in but not limited to the following circumstances, without incurring liability for any damage or costs associated with such cancellation or refusal;
- The product is not available / in stock (any payments will be refunded);
- Your billing information is not correct or not verifiable;
- Your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- Your bank transfer payment is not received within 24 hours after acceptance of your order;
- We have reason to believe you are under 18 years of age;
- There was an error in the price quote;
- We could not deliver to the address provided by you
- Payment methods
Credit card payments are directed to the PayPal Services website. All major credit cards are accepted.
- EFT (Electronic Fund Transfer) or Cash Deposit at the Bank.
- Once you have added your items to your shopping cart, proceed to “Checkout” and follow the order processing instructions.
- If paying via EFT, select the option to pay via EFT. You will then have to load Distinctive Spaces as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.
- Details are provided upon placing your order.
- Bank Deposit.
- You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please email through your deposit slip to us to DISTINCTIVE SPACES to ensure your payment is confirmed and order shipped as quickly as possible.
- Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
- Retention of title
We retain title in the products until we have received full payment for all such products.
- Price changes
The product prices displayed on the Website may be subject to change. We reserve the right to change prices without notice. The prices as displayed at the moment of purchase are the prices applicable to that purchase.
- Pricing errors
Please note that even though the Website is composed with care, it is possible that the pricing information on our Website contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.
- We deliver products from Monday through Friday.
- We offer delivery to absolutely anywhere within South Africa.
- We do not take any responsibility for undelivered parcels due to your data entry error or your absence at the time of delivery, should your item be returned in these circumstances, the further postage costs will be at your cost exclusively.
- Once payment has been confirmed, and the purchased item is sent to you for delivery, the relevant Courier company will make an attempt to call you and arrange a date and time that is suitable for you to receive your delivery at the address which you provided.
- Should the Courier Company be unable to deliver, they will nevertheless attempt delivery for the second time. Should you fail to accept delivery after a second attempt for whatsoever reason, the Courier will return your order to the Close Corporation. You will be credited for your purchase minus the cost of the failed delivery and the cost of having the package returned to us. Should you still wish to purchase the item, you are encouraged to make contact with the close corporation as per the details as provided on the site.
- We endeavour to make delivery to the extent that this is commercially reasonable but we cannot be held responsible for late delivery due to any strikes, delayed airplanes or any other unforeseen circumstances.
- Shipping rates, postage and courier rates
Shipping rates, postage and courier rates are applied per order.
- Returns & Cancellations
- Cancelling order before delivery
- You may cancel any order for non-customized products free of charge for a period of 7 days after placing your order, provided it has not yet been couriered, posted or shipped. If you have submitted an order and wish to cancel, please check the status of your order first by contacting the company via email or the contact details as found on the website.
- Returning products after delivery.
- If you are not happy with the products you ordered for whatever reason, you may return the products delivered to you within 24 hours after delivery, as long as:
- the products are not used in any way
- the product is in its original, undamaged packaging
- the product is complete and in its original form
- You cannot return:
- products that have been tampered with
- products of which an affixed seal is broken or packaging is damaged
- In the event you return goods because they are damaged in transit, or an incorrect product has been sent (Non conformity with your order), we will pay for the ship-to and return-shipping, postage or courier costs.
- In the event you return goods for reasons other than damage or non-conformity with your order, you will need to pay for the return shipment.
- Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give your bank details to the company when you initiate the return so that we can refund the money directly to your account. You will receive your refund after the product has been returned and processed.
- If the product is confirmed faulty/defective by the company, we will then send you a replacement at no extra cost and refund you of the shipping fee you incur in returning the item or we will refund you of both the item and shipping fee.
- For more information on refunds, please contact us and we will assist you as soon as possible.
- We reserve the right to deduct a handling fee of 15% on returned goods.
Fulfilment of all orders on the Website is subject to availability. We try to ensure that all items offered for sale are in stock. However, we reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock. In such event we will inform you by e-mail and any payments will be refunded.
- Offer Validity
The offers on the Website are valid only the moment that they are displayed on the website, unless a specific term is communicated on the website. We are not bound by any offer in the event of spelling, pricing or other errors or mistakes in the Website information. We reserve the right to cancel any purchase concluded in the event of such error.
You choose your domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at your addresses, e-mail and telefax numbers as set out in the personal details as provided to us when purchasing an item.
Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post or facsimile, or email to the relevant party to this agreement at its respective address as specified on the application for registration on this website and, in the case of the company, at the address as set out above and in the case of mail will be deemed to have been served three (3) business days after posting.
- Entire Agreement
- Unless the context indicates otherwise, this Agreement incorporates all other Agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail.
- Governing law.
- This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
- If you choose to access this website from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located
- All parties submit to the jurisdiction of the Magistrate’s Court irrespective of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
- Comments or Questions