Vawdas Interiors:
Terms
of Service
1. This website can be accessed at www.vawdasinteriors.co.za, related mobi-sites and software applications (the “Website”).
2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
4. The Website enables you to shop online for an extensive range of goods including sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, toys and pet supplies (“Goods”).
5. Vawdas Curtaining CC t/a Vawdas Interiors allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Vawdas Curtaining CC t/a Vawdas Interiors will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Vawdas Curtaining CC t/a Vawdas Interiors. This will be made clear in the relevant clause.
Important Notice
1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
– may limit the risk or liability of Vawdas Curtaining CC t/a Vawdas Interiors or a third party; and/or
– may create risk or liability for the user; and/or
– may compel the user to indemnify Vawdas Curtaining CC t/a Vawdas Interiors or a third party; and/or
– serves as an acknowledgement, by the user, of a fact.
3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Vawdas Curtaining CC t/a Vawdas Interiors to explain it to you before you accept the Terms and Conditions or continue using the Website.
5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Vawdas Curtaining CC t/a Vawdas Interiors in terms of the CPA.
6. Vawdas Curtaining CC t/a Vawdas Interiors permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Returns
- Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Registration and use of the website
1. Only registered users may order Goods on the Website.
2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Vawdas Curtaining CC t/a Vawdas Interiors. You will need to use your unique username and password to access the Website in order to purchase Goods.
3. You agree and warrant that your username and password shall:
– be used for personal use only; and
– not be disclosed by you to any third party.
4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
6. You agree to notify Vawdas Curtaining CC t/a Vawdas Interiors immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Vawdas Curtaining CC t/a Vawdas Interiors representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Vawdas Curtaining CC t/a Vawdas Interiors representative.
Conclusion of sales and availability of stock
1. Registered users may place orders for Goods, which Vawdas Curtaining CC t/a Vawdas Interiors or the Third Party Seller may accept or reject. Whether or not Vawdas Curtaining CC t/a Vawdas Interiors or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Vawdas Curtaining CC t/a Vawdas Interiors for the Goods.
2. NOTE: Vawdas Curtaining CC t/a Vawdas Interiors or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Vawdas Curtaining CC t/a Vawdas Interiors or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Vawdas Curtaining CC t/a Vawdas Interiors stating that your order or payment has been confirmed. Vawdas Curtaining CC t/a Vawdas Interiors will indicate the rejection of your order (by Vawdas Curtaining CC t/a Vawdas Interiors itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
4. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Vawdas Curtaining CC t/a Vawdas Interiors or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Vawdas Curtaining CC t/a Vawdas Interiors, Vawdas Curtaining CC t/a Vawdas Interiors will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Vawdas Curtaining CC t/a Vawdas Interiors will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
6. In the case of Goods for sale by a Third Party Seller, Vawdas Curtaining CC t/a Vawdas Interiors relies on inventory information supplied by the relevant Third Party Seller and Vawdas Curtaining CC t/a Vawdas Interiors accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
7. Certain Goods may not be purchased for re-sale. Should we suspect that any Goods are being purchased for sale, we are entitled to cancel your order immediately without notice to you.
Payment
1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. Whether the Goods are for sale by Vawdas Curtaining CC t/a Vawdas Interiors or a Third Party Seller, payment can be made for Goods via –
– credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
– direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Vawdas Curtaining CC t/a Vawdas Interiors will not accept your order if payment has not been received;
– PayFast;
3. You may contact us via email at interiors@vawdas.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.
4. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of goods
1. Vawdas Curtaining CC t/a Vawdas Interiors offers courier as method of delivery of Goods to you.
2. Please see details of our delivery and shipping terms and conditions in our FAQ’s: Shipping and Delivery, which are incorporated by reference.
3. Where it accepts your order, Vawdas Curtaining CC t/a Vawdas Interiors or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
4. Vawdas Curtaining CC t/a Vawdas Interiors obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Vawdas Curtaining CC t/a Vawdas Interiors is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
Errors
1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
2. Vawdas Curtaining CC t/a Vawdas Interiors shall not be bound by any incorrect information regarding our products displayed on any third party websites.
Vouchers & Coupons
Vawdas Curtaining CC t/a Vawdas Interiors may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Vawdas Curtaining CC t/a Vawdas Interiors Goods. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
1. Vouchers
– Vouchers that are purchased by registered users are valid for 3 years after Sale. Vouchers that Vawdas Curtaining CC t/a Vawdas Interiors gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
– Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
– Vawdas Curtaining CC t/a Vawdas Interiors is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.
Coupons
1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
2. Coupons are issued in Vawdas Curtaining CC t/a Vawdas Interiors sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
3. As a general rule, and unless specified otherwise on the specific Coupon itself:
– each Coupon can only be used once;
– only one Coupon can be used per order;
– only one Coupon can be used on the Website per person per promotion/campaign;
– a Coupon must be used at check-out – it cannot be used later on existing orders; and
– the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
4. Coupons cannot be used to buy Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Vawdas Curtaining CC t/a Vawdas Interiors is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
5. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact interiors@vawdas.co.za to confirm if the Coupon is still valid. If Vawdas Curtaining CC t/a Vawdas Interiors confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
6. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Vawdas Curtaining CC t/a Vawdas Interiors, before you are able to use a Coupon.
Daily Deals and other discounted Goods
1. Daily Deals (“Deals”) will be available daily from 8am – 4pm on week days and from 9am – 1pm on weekends. Deals will expire no later than one minute to midnight each day. However, Deals have a stock limit and may expire earlier if stock runs out.
2. Deal quantities are limited and as such, after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal).
3. We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of Vawdas Curtaining CC t/a Vawdas Interiors.
4. Only one of each Deal may be purchased per customer.
5. Adding a Deal to your cart, or completing your order for a Deal without paying for it, does not reserve the item for you. Vawdas Curtaining CC t/a Vawdas Interiors must receive payment from you within 3 days of you placing your order for a Deal, otherwise we will cancel your order.
6. Vawdas Curtaining CC t/a Vawdas Interiors will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Vawdas Curtaining CC t/a Vawdas Interiors may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.
7. The List Price shown in respect of Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
8. By purchasing any Deal, you are also automatically opting in for our Daily Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
Third Party Sellers
1. Vawdas Curtaining CC t/a Vawdas Interiors will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Vawdas Curtaining CC t/a Vawdas Interiors only provides the platform to facilitate transactions between Third Party Sellers and Vawdas Curtaining CC t/a Vawdas Interiors customers. Vawdas Curtaining CC t/a Vawdas Interiors is neither the buyer nor the seller of these Goods unless otherwise specified.
2. The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Vawdas Curtaining CC t/a Vawdas Interiors is not a party to that sale.
3. The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.
4. Because Vawdas Curtaining CC t/a Vawdas Interiors wants the registered user to have a safe and consistent experience, Vawdas Curtaining CC t/a Vawdas Interiors will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Vawdas Curtaining CC t/a Vawdas Interiors own Returns Policy. Should such claim escalate into being a dispute, although Vawdas Curtaining CC t/a Vawdas Interiors is entitled to become involved in an attempt to resolve it, Vawdas Curtaining CC t/a Vawdas Interiors is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
Privacy policy
1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
– your name and surname;
– your email address;
– your physical address;
– your gender;
– your mobile number; and
– your date of birth.
3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
5. Subject to clause 14.6 below, we will not, without your express consent:
A. use your personal information for any purpose other than as set out below:
– in relation to the ordering, sale and delivery of Goods;
– to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
– to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
– to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
B. disclose your personal information to any third party other than as set out below:
– to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
– to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
– to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
– to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
– to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
– to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 13 above).
6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
7. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
8. We will –
– treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
– 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 under this policy 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.
9. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
10. Vawdas Curtaining CC t/a Vawdas Interiors undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Vawdas Curtaining CC t/a Vawdas Interiors is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
11. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
12. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Vawdas Curtaining CC t/a Vawdas Interiors, Vawdas Curtaining CC t/a Vawdas Interiors SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
13. This 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. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. 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 provisions of this clause 14.
Electronic communications
- When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 14 above.
Ownership and copyright
- The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Vawdas Curtaining CC t/a Vawdas Interiors, its advertisers and/or sponsors and/or is licensed to Vawdas Curtaining CC t/a Vawdas Interiors.
2. You will not acquire any right, title or interest in or to the Website or the Website Content.
3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at 086 111 3480 or e-mail interiors@vawdas.co.za.
4. Where any of the Website Content has been licensed to Vawdas Curtaining CC t/a Vawdas Interiors or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Vawdas Curtaining CC t/a Vawdas Interiors, its advertisers and/or sponsors and/or is licensed to Vawdas Curtaining CC t/a Vawdas Interiors.