TERMS AND CONDITIONS
Unless otherwise required by the context the following words and expressions shall have the meanings ascribed, as outlined below:
Website: The Website named, and which can be accessed at www.thehomequarter.co.za
Company: OdiJ&Co (Pty) Ltd trading as The Home Quarter. A private company (Registration number 2020/215598/07).
Goods: The products available for purchase on the Website.
Parties: The Company and the User and “Party” means either of them.
Terms and Conditions: The Website Terms and Conditions which govern the ordering, sale and delivery of goods, and the use of the Website.
User: Every person who accesses or uses this Website including, but not limited to, those who register as “registered users”.
Website Content: Any material, information, data, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks which are displayed on or incorporated in this Website
Clause headings in this Agreement are used for convenience only and shall be ignored in its interpretation.
In this Agreement unless a contrary intention clearly appears:
- any reference to the singular includes the plural and vice versa;
- any reference to one gender includes the other gender; and
- any reference to natural persons includes legal persons and vice versa.
When any number of days is prescribed, same shall be reckoned exclusively of the first and inclusively of the last day.
If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of these Terms and Conditions.
Where words have been defined such words will, unless otherwise required by the context, have the meanings so assigned throughout these Terms and Conditions.
2. Important notice
These Terms and Conditions are binding and enforceable against all Users. By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.
If there are any provisions in these Terms and Conditions that you do not understand, it is your responsibility to ask the Company to explain it to you before you accept the Terms and Conditions or continue using the Website.
The Company permits the use of this Website subject to the Terms and Conditions, and you must not use this Website if you do not agree to the Terms and Conditions.
3. Changes to Terms and Conditions
The Company may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check the Terms and Conditions on the Website and make sure that you are satisfied with the changes. Should you not be satisfied cease using the Website immediately and do not place any more orders.
Any such change will only apply to your use of this Website after the change is incorporated and updated on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
4. General use of the Website
You agree to notify the Company immediately upon becoming aware of, or reasonably suspect, any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm. The Company cannot be held liable for any fraudulent access to, or use of, your account.
By using the Website you warrant that you are at least 18 (eighteen) years of age 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 their 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.
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 monitor, copy, distribute, or modify the Website or the information contained herein.
You may not use the Website to distribute material which is defamatory, offensive, contains, or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein.
While every reasonable effort is made to accurately reflect the description, availability, purchase price, and delivery charges of Goods on the Website, should there be any errors of whatsoever nature (which are not due to our gross negligence) the Company shall not be liable for any loss, claim, or expense relating to a transaction based on such error.
5. Agreement of sale and stock availability
Users may place orders for Goods which the Company may accept or reject. Whether or not the Company 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.
Only when delivering ordered Goods to you will an agreement of sale between you and the Company come into effect. This is regardless of any communication from the Company stating that your order or payment has been confirmed. The Company will indicate the rejection of your order by cancelling it, and as soon as possible thereafter, refunding you for any amount already paid.
You may not cancel orders after receipt of payment of the Goods by the Company. Once you have received your Goods you may return them in accordance with the Return Policy referred to in Clause 6.
Placing Goods in a shopping basket or cart without completing the purchase cycle does not constitute an order for such Goods, and as such Goods may be removed from the shopping basket or cart if stock is no longer available, or at the discretion of the Company. You cannot hold the Company liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited. The Company will make all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. The Company does not guarantee the availability of stock. When Goods are no longer available after placing an order, the Company will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
Please refer to our Return Policy (available on our Website) for more information about cancelling orders after delivery, and about returns. The Return Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
We will take all reasonable measures to protect your personal information which comes into our possession, or which is used to register as a User on the Website.
Subject to the above we will not, without your express consent:
- use your personal information for any purpose other than in relation to the ordering, sale and delivery of Goods;
- contact you regarding the promotion of current or new Goods or inform you of special offers and promotional activities;
Information on the Website may however be used to monitor statistical non-personal browsing habits; and form part of a corporate transaction in terms of which we sell any of our businesses or assets to a buyer of such businesses or assets.
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, order of court or legal process served on us, or to protect and defend our rights or property.
In particular, in the event of a fraudulent online payment, the Company reserves the right 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.
8. Ownership and copyright
The Website Content is the property of the Company and is protected by both copyright and trademark law.
Under no circumstances will you acquire any right, title or interest in or to the Website or the Website Content. Any use, distribution or reproduction of the Website Content is prohibited.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst the Company takes reasonable measures to ensure that the content of the Website is accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
The Company disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
The Company disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website, including any risks associated with the existence of viruses, destructive materials or any other data or code which is able to compromise in any manner the operation or content of the device you are using to access the Website, save where such risks arise due to the gross negligence or wilful misconduct of the Company or its employees.
10. Limitation of liability
The Company cannot be held liable for any inaccurate information or prices published on the Website, save where such liability arises from the gross negligence or wilful misconduct of the Company and its employees.
The Company shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website; and/or unlawful activity on the Website.
You hereby indemnify the Company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website or the Goods purchased from it.
In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of any Goods purchased from them. You agree and acknowledge that any Goods purchased should be used at your own risk and you should assess the risks before purchasing any Goods from the Company. In the event that the Company is deemed liable for any harm caused, the amount which it shall be liable to you for shall be limited to the cost of the product.
11. Applicable law
This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
Each term or condition contained herein are separate and severable and in the event that any term or condition contained herein shall be determined to be void or unenforceable or illegal in whole or in part for any reason whatsoever, such invalidity, unenforceability, or illegality shall not affect the remaining terms and conditions which shall remain of full force and effect and binding on both Parties.
13. Variation, cancellation, waiver and assignment
No contract varying, adding to, deleting from, and no waiver of any right under this Agreement, shall be effective unless reduced to writing and signed by or on behalf of the Parties.
You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
No indulgence granted by a Party shall constitute a waiver or abandonment of any of that Party’s rights and accordingly that Party shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against the other Party which may have arisen in the past or which may arise in the future.
15. Whole agreement
These Terms and Conditions contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.