Terms and Conditions

DISTINCTIVE SPACES (PTY) LTD General Terms and Conditions. Effective Date: 1st July 2020.

By using this website, you agree to be bound by these terms and conditions, including our Privacy Policy. Please read these terms carefully before using our website or purchasing any products.

PART 1: INTERPRETATION AND DEFINITIONS

Unless inconsistent with or otherwise indicated by the context:

  • Clause headings are for convenience only
  • Natural persons include juristic persons and vice versa
  • Singular includes plural and vice versa

Key Definitions

  • "Company" means DISTINCTIVE SPACES (PTY) LTD with registration number: 2017/206140/07
  • "Website" means www.distinctivespaces.co.za
  • "Buyer/Purchaser" means Active user or Guest User of the Company website
  • "Products" means All manner of decorative and functional pots, planters, artificial plants, and related items
  • "Services" means Internet-based Software as a Service (SAAS) system for product sales
  • "Transaction" means Created when a Buyer places an order and makes payment

PART 2: TERMS AND CONDITIONS

1. Acceptance of Terms

Your access to and use of this website is conditional upon your acceptance of and compliance with these terms and conditions. By using this website you agree to be bound by these terms, including the Privacy Policy.

2. Applicability

These general terms and conditions are applicable to the purchase of items or products as advertised on the website - www.distinctivespaces.co.za.

3. Purpose of the Website

The primary purpose of this website is to provide for the sale of items including:

  • Artificial plants and greenwalls
  • Decorative and functional pots
  • Troughs, window boxes, planters
  • Solar dishes, barrels and urns

4. Information Accuracy

While every effort is made to update information on this website, we make no warranties about the accuracy, completeness or reliability of the information. The company has absolute discretion to change or discontinue any aspect of this website.

5. Trademarks

All trademarks, names, logos and service marks displayed on this website are property of the Company. No license or right to use any trademark is granted without prior written permission.

6. Use of Website

In using this website, you must NOT:

  • Illegally copy, store, use, alter, modify, or distribute software or data
  • Damage, interfere with, or infect company systems or network resources
  • Impair electronic communications or cause unauthorized computer functions
  • Engage in any unlawful practice or conduct
  • Copy, modify, or distribute company copyrights and trademarks
  • Harvest or collect user information without permission

7. Personal Information

The processing of all personal information will be in accordance with the Protection of Personal Information Act 4 of 2013 and our Privacy Policy.

8. Disclaimer and Limitation of Liability

The Company will not be liable for any loss, damage, expense, or hardship arising from:

  • Failures or errors in website operation or computer systems
  • Degradation or severance of access to the website
  • Unprocessed transactions due to technical difficulties
  • Economic or consequential losses
  • Errors or omissions in documentation or data
  • Reliance on information on this website
  • Conduct of company employees or representatives
  • Product failures or non-conformity to specifications

9. Release and Indemnity

You agree to release from, and indemnify, each Indemnified Party against any claims, losses, liabilities, suits, demands, proceedings, costs or expenses related to your use of the website and services offered.

10. Purchases & Payment

Right to Refuse Orders

We reserve the right to refuse any order or cancel any purchase in the following circumstances:

  • Product not available/in stock
  • Billing information incorrect
  • Unusual order or fraud suspicion
  • Payment not received within 24 hours
  • Customer under 18 years
  • Error in price quote
  • Unable to deliver to address
  • Other reasonable grounds

11. Payment Methods

  • Credit Card - Via PayPal - All major cards accepted
  • EFT Transfer - Use order number as reference
  • Bank Deposit - Direct deposit at bank branch

12. Ownership & Pricing

  • We retain ownership until full payment received
  • Prices subject to change without notice
  • Not bound by pricing errors - may cancel orders

14. Delivery

Delivery Coverage

  • Monday through Friday delivery
  • Anywhere in South Africa
  • Courier coordination for delivery time
  • Two delivery attempts

Your Responsibility

  • Correct delivery address
  • Available for delivery
  • Additional costs for failed delivery
  • Return costs after 2 attempts

We are not responsible for delays due to strikes, delayed flights, or unforeseen circumstances. Shipping rates are applied per order.

16. Returns & Cancellations

Cancelling Before Delivery

You may cancel non-customized products free of charge for 7 days after placing your order, provided it hasn't been shipped.

Returns After Delivery

Products may be returned within 24 hours after delivery if:

  • Products are unused
  • Original packaging undamaged
  • Product complete in original form

Refund Policy

  • Refunds issued based on original payment method
  • We pay return shipping for damaged/incorrect items
  • You pay return shipping for other reasons
  • 20% handling fee may apply on returns

General Provisions

17. Availability

Fulfillment of orders subject to availability. We reserve the right to cancel orders for out-of-stock items.

20. Governing Law

This Agreement is governed by the laws of the Republic of South Africa. All parties submit to the jurisdiction of South African courts.

21. Entire Agreement

This Agreement together with the Privacy Policy constitutes the entire Agreement between you and the Company.

22. Severability

If any provision becomes unenforceable, it shall be treated as removed and remaining provisions remain in full force.