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TERMS AND CONDITIONS
1. Linked text - For ease of use, we haveincluded automated links ( hyperlinks ) in this agreement to textelsewhere on the site. These standard HTML hyperlinks are highlighted by mostbrowsers according to your settings and your mouse's cursor should change into ahand or other pointer when held over this text. You are obliged to view therelevant parts of the hyperlinked text, which text shall be deemed to form partof this agreement.
2. Sending orders and confirmation of receipt- All information on the site should be treated as an invitation for you to makean offer to purchase ( the order ) and we remain entitled to rejectany order without giving reasons. An order, once sent to us, cannot be withdrawnunless we agree thereto. Although our site is set up to confirm receipt of yourorder ( confirmation ), technical or other problems may delay orprevent such confirmation. If you have not received confirmation from us shortlyafter sending your order you should contact us immediately. DO NOT re-submityour order as this may lead to a duplicate transaction for which you will remainliable. If you place your order via another site you should ensure that you havereceived Confirmation from us. Confirmation does not mean that a transaction hasbeen concluded it merely serves to confirm that your order has been received byus. A transaction is only concluded on receipt of payment. We reserve the rightto verify your identity and to conduct credit checks.
3. Price The total price of a product (the purchase price ) shallexclude Value Added Tax ( VAT ) and excludes the shipping cost. Aserroneous or outdated prices could be displayed from time to time, you agreethat we cannot be obliged to sell a product at such erroneous price. Unlessotherwise stated, all prices displayed on the site are exclusive of VAT. Wereserve the right to discount prices for specific promotions or on-linecommunities.
4. Payment - Unless otherwise specified youare entitled to make use of any of the payment methods stipulated on the sitefrom time to time. We are not a provider of payment methods and cannot be heldliable for the products or services offered by third parties in this regard. Wedo not accept credit cards that are issued or billed to addresses outside of South Africa. If you cancel your credit card or other online payment after a transaction,you will still remain liable to us to pay the purchase price immediately aftersuch cancellation unless you can prove to our satisfaction, within 10 days ofhaving cancelled payment, that the transaction resulted from fraudulent use ofyour credit card. If we are satisfied with your explanation we will terminatethe transaction, provided that you will reimburse us for the delivery fee andbank charges incurred due to a charge-back. If the bank declines our request forpayment from your bank account, we shall be entitled to cancel the transaction.
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5. Delivery- Unless otherwise arranged, wedo not deliver. In the case of delivery, delivery will take place in the areasand according to the time periods that where agreed upon with Fourways Gardens Guest Estate andprices will be adjusted to compensate for delivery costs. The agreed deliveryperiod is given as an estimates only and we will not be held liable if thedelivery is delayed for whatever reason. All the risks in the product will passto you when the product is delivered to you but the ownership in the productwill only pass to you once you have paid the purchase price for the product.
6.Product requests - We may provide a product request service from time to time in terms whereof we willuse our best endeavours to source products on your behalf from other suppliers.A product request is not an order but merely a request for us to provide youwith assistance in locating a particular product. Although every effort will bemade to source the requested product, we do not guarantee the availability orexistence of any product and we reserve the right to decline any product requestwithout giving reasons. Once in receipt of a product request we will contact therelevant supplier to establish stock availability and pricing. All productrequests will be confirmed with you telephonically or via e-mail. Products willonly be ordered on payment of the purchase price.
7. Availability of products - You acceptthat the display of products is not necessarily a guarantee of the availabilityof a product and that certain products may not be in stock at the time ofsubmitting your order and delivery may therefore be delayed. However, suchdelays shall not entitle you to withdraw your order unless we agree with you inwriting that the duration of delay is unreasonable.
8. Right of withdrawal. The provisions ofthis clause 8 shall only become operative on enactment of the ElectronicCommunications and Transactions Act, 2001 ( the ECT Act ). If youqualify as a consumer as defined in the ECT Act, you may cancel the transactionat any time within 8 days of date of receipt of the product and receive a refundof the purchase price paid. To do this, you must inform us in writing and returnthe products without delay, in the same condition and packaging you receivedthem and at your own cost and risk.
You will, however, not be entitled to exercise the above right of withdrawal inrespect of a transaction : (a) for the provision of services if performance hasbegun, with your consent, before the end of the seven day period referred toabove; (b) for the supply of goods or services the price of which is dependenton fluctuations in the financial market which cannot be controlled by us; (c)for the supply of goods made to your specifications or clearly personalized orwhich, by reason of their nature, cannot be returned or are liable todeteriorate or expire rapidly; (d) for the supply of audio or video recordingsor computer software which were unsealed by you; or (e) for the supply ofnewspapers, periodicals and magazines.
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9. Returns, refunds and exchanges - Subjectto the provisions of clause 8, your return of goods will be governed by thereturns, refund and exchange policy made available on the site from time totime. Please note that if you return goods you will still have to pay for theshipping costs.
10. Privacy - Our treatment of your personalinformation is outlined in our privacy policy available on the site from time totime. Any intentional or negligent breach by us of the provisions of the privacypolicy shall be compensated by us to the highest of the direct, actual damagessuffered by you as a result of our breach. This is the exclusive remedy to whichyou are entitled to.
11. Security Policy - While we employsecurity features, processes and procedures on the site which may or may not use128 bit encryption technology, we cannot guarantee the security of theinformation you transmit to us. Notwithstanding various precautions taken by us,you accept that transmitting information over the Internet may be subject tounlawful access or monitoring and that we are not liable for any loss, harm ordamage which you may suffer as a result of this. To enjoy full functionality andall the security features available on the site you require the browser andversion thereof as specified on the site from time to time. If you do not havethe specified browser then you might not enjoy the full functionality orsecurity features made available on the site, in which case you acknowledge andaccept that the site may fail to function properly and you accept all risksrelated to this.
12. Complaints & disputes - Anycomplaints and queries which you may have should be directed to our customerservice division. If the complaint cannot be resolved with 10 (ten) businessdays after having been referred to the customer service division, the disputewill be referred to arbitration in terms of the rules of the ArbitrationFoundation of South Africa (AFSA). The arbitrator shall be appointed by AFSA andthe unsuccessful party shall pay the costs of arbitration. Only you and yourrepresentative(s) and Fourways Gardens Guest Estate and its representative(s) may attend thearbitration. Both you and Fourways Gardens Guest Estate shall keep the fact that a dispute hasarisen, the record of the arbitration proceedings as well as the arbitrator'sdecision, confidential.
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Notwithstanding the above provisions, we retain the right to institute actionin any court of law with jurisdiction to obtain urgent, interim relief or tocollect outstanding debts due and payable by you.
13. Deemed originator - You warrant to usthat: all your given details are true and correct; you are legally capable ofconcluding the transaction and you have read, understood and accepted the termsof this agreement. As it is impossible for us to verify the originator of aninstruction, you hereby authorise us to act on any instruction purporting tooriginate from you, even if it transpires that both of us been defrauded bysomeone else, unless you have informed us to the contrary prior to us acting ona fraudulent instruction.
14. Access to records - You may request arecord of the transaction from us, provided that we shall not be obliged tostore such records for longer than 30 days after the transaction.
15. Availability of site -Fourways Gardens Guest Estate may, in its sole discretion, at any time suspend or terminate theoperation of the site or any of the services provided via the site or advertisedon the site, without prior notice to you and without the need to provide youwith reasons.
16. Exclusion & limitation of liability- NEITHER Fourways Gardens Guest Estate, ITS HOLDING COMPANY, ITS SUBSIDIARIES, ASSOCIATES,AFFILIATES OR THEIR SHAREHOLDERS, CONSULTANTS OR EMPLOYEES WILL BE LIABLE FORANY DAMAGES RELATING TO THE USE OF THIS SITE, IRRESPECTIVE OF THE CAUSE OF YOURLOSS. WITHOUT AFFECTING THE FOREGOING, WE ARE NOT BE LIABLE FOR: (A) ANYINTERRUPTION; MALFUNCTION; DOWNTIME OR OTHER FAILURE OF THE SITE, COMPUTERSYSTEMS FOR WHATEVER REASON; (B) ANY INTERRUPTION, MALFUNCTION, DOWNTIME OROTHER FAILURE OF GOODS OR SERVICES PROVIDED BY 3RD PARTIES, INCLUDING, WITHOUTLIMITATION, PUBLIC SWITCHED TELECOMMUNICATION SERVICE PROVIDERS, INTERNETSERVICE PROVIDERS, ELECTRICITY SUPPLIERS, LOCAL AUTHORITIES AND CERTIFICATIONAUTHORITIES; OR (C) AN EVENT OF FORCE MAJEURE OR ANY OTHER EVENT OVER WHICH WEHAVE NO DIRECT CONTROL.
17. Intellectual property - Fourways Gardens Guest Estate ownsor has been licensed to use all the intellectual property rights in all thematerial on the site which includes, but is not limited to, copyright, trademarks rights in the brands, logos, graphics, photographs, product and priceinformation which is displayed on the site from time to time. You may not usethis material for any commercial purposes whatsoever. You may only use suchmaterial for using or considering Fourways Gardens Guest Estate's products or services. You areallowed to view and download one copy of the material to your computer.
18. Linking to 3rd party sites - Hyperlinksto the websites of other persons or businesses are provided at your own risk.You acknowledge that the websites attached to these hyperlinks are beyond ourcontrol and that we do not endorse, warrant or make any representations aboutthe content, products, services, security or reliability of that website.
19. No representations or warranties - Thesite and the information on the site are provided as is and we donot make any express, implied representations or warranties with regard thereto.Without limiting the generality of the foregoing, we disclaim all impliedwarranties in respect of merchantability or fitness for a particular purpose.Fourways Gardens Guest Estate does not warrant that the site or the information on the site: (a)will be error free; (b) will meet any particular criteria of accuracy,completeness or reliability, performance or quality; or (c) will be free ofviruses or any other data or code which has the ability to corrupt or adverselyaffect the operation of your computer, data or network.
20. Right to amend this agreement - Wereserve the right to amend these terms and conditions at any time. Allamendments to these terms will be posted on the site ( the currentvers | |
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