TERMS AND CONDITIONS
These Website Terms and Conditions (T&Cs), which include any Policies on Holly and Jack’s website (“we”, “use” and “our”), apply to the ordering, sale and delivery of goods and services, access to the information and use of this Website by Customers (“you”, or “your”).
By using this Website you are bound by and agree to these T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website.
These Terms and Conditions are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, may limit Holly and Jack’s risk or liability, create risk or liability for you as a consumer, may compel you to indemnity Holly and Jack and serves as an acknowledgement by you of any fact.
Should you not understand any of the contents of these T&Cs, please contact us to assist with further explanation of the T&Cs before accepting them.
“Customer” means any natural or juristic person who enters or intends entering into an electronic transaction with Holly and Jack as the user of the goods or services offered by Holly and Jack;
“Furniture” means any items selected from the furniture section of the Holly and Jack website”;
“Items” means the Product/s selected by the Consumer for purchase when placing and Order one our Website.
“Policies” means the various Holly and Jack policies contained in or referred to herein and on our Website, and product information, which form part of these Terms and Conditions and which may be updated from time to time;
Working Days” means between 08h00 and 16h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of South Africa.
“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002
“Services” means any services we provide to you, under Orders
“Website” means this Website, located at email@example.com
“Writing” means any mode of reproducing information or data in physical form and includes hard copy printouts, handwritten documents, fax transmissions, but excludes information or data in electronic form.
Use of the website and social media platform
You agree to use the Website for lawful purposes only. Without derogating from the generality of the foregoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
Any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
Any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
Any content that constitutes an invasion of privacy; or
Any content that is an infringement of any intellectual property right; or
Any content that contains software viruses; or
Any content that constitutes a political statement, commercial solicitation, or “Spam”.
Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserves the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of Clause 4 or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
The following activities on or through the Website and Social Media Platforms are expressly prohibited:
Any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or Social Media Platforms or the content contained thereon, without the prior written authority of Holly and Jack; and
the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and
any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website or Social Media Platforms, or otherwise interferes with the proper and timely functioning of the Website of Social Media Platforms;
any attempt to gain unauthorised access to the Website or its related systems or networks;
accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and
the reverse engineering or decompiling of the Website to (without limitation)(i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Website.
When you register on the Website, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or involves the Website under your User Name. You may not:
allow other people to use your User Name and Password; or
impersonate another User or any third party; or
provide false information to gain access to the Website.
You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.
Without limiting the generality of the foregoing, this Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.
Manufacturing and stock availability
Manufacturing. Manufacturing of your custom order will only commence upon confirmation of receipt of your deposit. Please remember to either fax or e-mail your proof of payment to ensure order activation. SMS notifications are not bank guaranteed and not acceptable as “proof of payment”.
Stock availability. We may not always have the Goods on which you make offers in stock. You may cancel the offer or make another offer on the part of the Goods that are in stock.
Capacity of the vendor: Each Customer represents and warrants that it (and any person who places an Order on the Website):
- is old enough under applicable law to enter into the Agreement;
- is legally capable of concluding any transaction;
- possesses the legal right, full power, and authority to enter into the Agreement;
- is authorised to use the password required for any account; and
- Will submit true, accurate and correct information to us and this Website.
If you are younger than 18 years of age, you warrant that, you have the consent of your legal guardian to enter into the Agreement or that you have obtained legal status in another manner.
Shipping and packing: We will display all available shipping options and charges before you complete your purchase unless you are located in a regional area in which case we will obtain a custom quote. Unless otherwise agreed in writing, we will select the specific mode of shipment of the Goods and the cost of shipment will be for your account. We will pack the Goods in accordance with our packaging specifications for the Goods and the cost of packaging will be included in the Fees.
Time until dispatch: Once we receive an order, we will endeavour to adhere to the estimated delivery dates and will advise you of any expected delays but accept no liability for failing to do so. You may not withdraw any offer due to a delay in delivery unless we agree so in writing.
Risk and ownership: All risk of loss or damage to the Goods will pass to you upon physical delivery of the Goods to your delivery address. Ownership in the Goods will only pass to you upon the payment in full of the Fees.
Assembly: Some Goods will require assembly upon delivery. If you have not contracted our installation service, you are responsible for the assembly of any Goods. We cannot be held liable for the incorrect assembly of any Goods by you or any third party
Third party goods: Some Goods sold on the website are manufactured by third parties. When you purchase these items we act on your behalf with these manufacturers. These goods are shipped directly from the manufacturers, and while we cannot be held liable for any defects or any manufacturer faults we will endeavour to assist you with any claims or disputes you may have with the manufacturers.
Inspection on Delivery: Please note that all deliveries need to be inspected upon arrival and any shortcomings or damages need to be reported within 24 hours. Any other issues with your Goods (including workmanship flaws) must be reported within 7 days of delivery.
We will take no responsibility for;
- any Goods ordered incorrectly or,
- any Goods ordered that turn out to be unsuitable for the intended needs of the customer, unless the need or purpose of the Goods has been expressly told to us.
- any Goods damaged after delivery
Unclaimed Goods: Any Goods left unclaimed for a period longer than one month in our possession will be sold to defray costs.
The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.
We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these T&Cs.
Limitation of liability
- Whilst every attempt is taken by Holly and Jack to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Holly and Jack Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.We shall not be liable to you in contract, delict (including for negligence) or otherwise:for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or
for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
Changes, suspension, and termination
We may alter and/or amend the Website at any time without giving notice to you,
We may suspend or terminate the Website at any time without giving notice to you.
We may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of these T&Cs.
Such termination shall not affect any right or remedy to relief to which Holly and Jack may be entitled.
Upon termination of the Website or your account, all rights granted to you will terminate and revert to Holly and Jack.
Holly and Jack may at any time modify these T&Cs without notice to you. If you are not satisfied with the amended T&Cs, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.
We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification.
We accordingly advise you to read and take note of these T&Cs each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the T&Cs available on the Website whenever you visit the Website.
Should you breach and of these T&Cs we reserve the right to cancel any Order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.
These Terms are governed by the laws of the Republic of South Africa.