Terms of Use

By visiting the House and Garden Shop website (“the Website) and/ or buying something from one of our appointed suppliers (“Suppliers”), you agree to be bound by the following terms and conditions (“T&Cs”). 

Please read these T&Cs carefully before accessing or using the Website. By accessing or using any part of the site, you agree to be bound by these T&Cs. Certain important terms have been underlined in order to draw them to your attention.

We reserve the right to update, change or replace any part of these T&Cs by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. 

The Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to market our Suppliers products (“Products”) on their behalf to you. 

SECTION 1 – THE WEBSITE TERMS

You warrant that you are an adult major person with full contractual capacity.

All contracts for the sale of the Products on the Website will be between you and the Supplier identified with each Product.

The role of the Website is to function as a shop window for our Suppliers and under no circumstances are we a party to any contract between you and the Supplier, other than as agent for the Supplier to market the Products and to charge and collect payment from you for your purchases on behalf of the relevant Supplier.

The contract of sale between you and the Supplier will only come into effect once the relevant Supplier has accepted and confirmed your order for a Product.

SECTION 2 - GENERAL CONDITIONS

We are entitled at any time to refuse to deal with anyone. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or the Products, or access to the Website or any Supplier, without express written permission from us.

 The headings used in these T&Cs are included for convenience only and will not limit or otherwise affect their interpretation. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on the Website is not accurate, complete or current.

The material on the Website is provided for information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on the Website is at your own risk.

 We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website. 

SECTION 4 -THE PRODUCTS 

Certain Products may be available exclusively online through the Website. These Products may have limited quantities and are subject to return or exchange only according to the return policy of the Supplier. 

We have made every effort to display as accurately as possible the colors and images of the Products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate. 

We reserve the right to limit the sales of the Products to any person or region. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any Products that we offer on behalf of our Suppliers.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Website is void where such Product may be a prohibited product. 

We do not warrant that the quality of any of the Products purchased or obtained by you will meet your expectations.

SECTION 5 – RETURNS OF PRODUCTS

In terms of the Electronic Communications and Transactions Act, Customers have a general right to return any product that has been purchased from the Website (a “cooling off period”):

  • for seven days after delivery;
  • for any reason;
  • without penalty; but
  • the Customer must pay the costs to return the goods.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer name, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your details and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review the returns policy on the Website

SECTION 7 - THIRD-PARTY LINKS

Certain content and Products may include materials from third-parties. 

Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the Website is governed by the applicable laws of South Africa relating to personal information and privacy. 

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on the Website that contains errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). 

We will not have any obligation to update, amend or clarify information on the Website or any related website, including without limitation, pricing information, except as required by law. 

SECTION 10 - PROHIBITED USES

In addition to any other prohibitions in these T&Cs, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. 

You expressly agree that your use of, or inability to use, the Website is at your sole risk. All Products and delivered to you through orders placed on the Website are (except as expressly stated by us) provided 'as is' and without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Website, its  directors, officers, employees, affiliates, agents, contractors and Suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of any Products procured using the Website, or for any other claim related in any way to your use of any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any or product.

SECTION 12 - INDEMNIFICATION

You agree to indemnify the Website and the Suppliers and keep them indemnified from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of T&Cs. 

SECTION 13 - SEVERABILITY

In the event that any provision of these T&Cs is determined to be unlawful, void or unenforceable, such provision shall be deemed to be severed from these T&Cs and it shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 14 - ENTIRE AGREEMENT

These T&Cs and any policies or operating rules posted by us on the Website constitutes the entire and only agreement and understanding between you and us in regard to your use of the Website and purchase of any of the Products.

SECTION 15 - GOVERNING LAW

These T&Cs shall be governed by and construed in accordance with the laws of South Africa.

SECTION 16 - CONTACT INFORMATION

Questions about the T&Cs should be sent to us at info@housegardenshop.co.za