1. Website Terms and Conditions of Use Relating to www.houtstyle.com
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of Hout Style’s (Registration Number: 2014/177471/07) (“Provider”) website located at the domain name www.houtstyle.com (“the Website”). By accessing and using and in particular indicating your acceptance of the terms by clicking on the “I accept these terms” button as provided for on the Website, the User agrees to be bound by the Terms and Conditions set out in document. The content of this Website is proprietary to the Provider and / or otherwise utilized in terms of a written license agreement entered into between the Provider and the proprietor of such content. As such, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and /or any other purposes without the prior consent of the Provider.
In terms of section 49 of the Consumer Protection Act, 2008 your attention is drawn to the following provisions which:
- limit in any way the risk or liability of the Provider or any other person;
- constitute an assumption of risk or liability by the User;
- impose an obligation on the User to indemnify the Provider or any other person for any cause or constitute an acknowledgement of any fact by the User
|Paragraph 2||The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of a juristic person, the User agrees to bind himself / herself as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations in terms of these Terms and Conditions. Notwithstanding the aforegoing, the User (where he acts on behalf of a juristic person) warrants that he / she has the necessary authority and capacity to enter into and bind the juristic person to these Terms and Conditions|
|Paragraph 3||The User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User.|
|Paragraph 4||The User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.|
|Paragraph 6||The Provider shall not however be held responsible and the User agrees to indemnify and hold harmless the Provider for any security breaches occurring on the User’s electronic device (personal computer or other electronic device used to browse the Website), which may arise as a result (without limitation) of the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.|
|Paragraph 7||The Provider will not be held liable for the condition of products arriving at the User’s chosen delivery address.|
|Paragraph 10||The Provider reserves the right to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.|
2. Contractual Capacity to Act
The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of a juristic person, the User agrees to bind himself / herself as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations in terms of these Terms and Conditions. Notwithstanding the aforegoing, the User (where he acts on behalf of a juristic person) warrants that he / she has the necessary authority and capacity to enter into enter into and bind the juristic person to these Terms and Conditions.
3. Electronic Communications
By using this Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User constitutes proper notice to the User
The Website www.houtstyle.com sells bespoke wooden products (including, but not limited to eyewear). online. The use of any product or service bought from this Website is at the User’s risk. The User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
5. Personal Information
The User shall make available and consents to the processing of the following personal information by the Provider:
- credit card details;
- name and surname;
- identity number;
- physical address;
- IP address;
- e-mail address;
- delivery address; and
- telephone number.
(“the Personal Information”)
The Personal Information will be processed by the Provider, pursuant to and for the following purposes:
- verifying the identity of the User;
- transmitting and receiving necessary correspondence to the User in relation to the products;
- facilitating delivery of the products to the User;
- processing payments, refunds and the like in respect of any products purchased by the User; and
- transmitting marketing material to the User in respect of products sold by the Provider.
Personal Information shall be retained in the strictest confidence by the Provider and will not be sold or made known to third parties without the User’s prior written consent.
Failure by the User to submit the requisite personal information will render the Provider unable to deliver the products to the User.
6. Security Safeguards
The Provider shall take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of personal information in its possession in order to guard against:
- loss of, damage to or unauthorised destruction of personal information; and
- unlawful access to or processing of personal information
The Provider shall not however be held responsible and the User agrees to indemnify and hold harmless the Provider for any security breaches occurring on the User’s electronic device (personal computer or other electronic device used to browse the Website), which may arise as a result (without limitation) of the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
7. Quality of goods
The Provider will supply all products to the delivery company in good order. The Provider will not be held liable for the condition of products arriving at the User’s chosen delivery address.
8. Online Payment – MyGate Payment Gateway
All online credit card payments are processed by the MyGate Internet Payment Gateway. Card Holders may go to www.mygate.co.za to view MyGate’s security policies.
9. Refund and Return Policy / Cooling-off period
The provision of products is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days of receipt of a written request from the User. Cancellation of orders by the client will attract a 10% charge for administration costs, which amount will be retained by the Provider upon any refund being made to the User
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of products ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund without any deductions.
Any complaints regarding the standard and quality of the product or products bought by Users through the e-commerce facility should be directed to the Marketing Manager, Hout Couture, Block 8D, River View Park, Janadel Avenue, Midrand, Johannesburg, South Africa, or firstname.lastname@example.org
Provided section 44 of the Electronic Communications and Transactions Act, 2002 is applicable, the User is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply of goods within seven days after the date of the receipt of the products, in which instance the only charge which may be levied on the User is the direct cost of returning the products. If payment for the products has been effected prior to the User exercising a right to the products in terms of this subparagraph, the User is entitled to a full refund of’ such payment, which refund must be made within 90 days.
10. Updating of these Terms and Conditions
Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
11. Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider makes no warranty or representation as to the availability, accuracy or completeness of the content. Neither the Provider, its directors, prescribed offers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
12. Casual Surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User’s computer or other electronic device, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
13. Governing Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the any High Court with jurisdiction for purposes of resolving any dispute any connection with the use of this Website. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
14. Compliance with section 43 of the Electronic Communications and Transactions Act, 2002
In compliance with section 43 of Electronic Communications and Transactions Act, Provider draws your attention to the following information relating to it:
- Full name and legal status – Serve-Alliance (Pty) Ltd trading as Hout Style
- Physical address and telephone number- Block 8D,
River View Park,
+27 (0)10 594 9470
- Web site address and e-mail address –www.houtstyle.com
- The registration number, the names of its office bearers and its place of registration –
BeauAnn Adriana TeWater Naudé Schmitt
- The physical address where the Provider will receive legal service of documents –
Block 8D, River View Park,
- A sufficient description of the main characteristics of the goods or services offered by the Provider –
Hout Couture manufactures and distributes high-end wooden eyewear products.
- the full price of the goods or services, including transport costs, taxes and any other fees or costs –
Pricing on Hout Couture products are as stated on the website and are subject to change at any time. All prices include VAT. Delivery within South Africa is free.
In counties other than South Africa prices may vary according to the exchange rate and are also subject to change at any time. Delivery costs are supplied by the Provider’s courier partners upon ordering. Export duties are at the User’s own expense.
- The manner of payment –
Secure online payments are processed through the payment gateway MyGate. Hout Couture may accept cash, EFT and card payments (See also paragraph 8)
- Any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers –
The Provider’s warranty agreement may be accessed on the website (www.houtcouture.co.za). This agreement is also distributed in booklet form along with every physical product.
- The time within which the goods will be dispatched or delivered or within which the services will be rendered –
Shipping is FREE to anywhere in South Africa, either door-to-door or counter-to-counter. But, please note that shipping usually takes 2-6 working days. Please ensure that you have given the Provider a valid physical address for the delivery of your purchased product(s). The Provider cannot be held liable for any invalid addresses given to it by the User. In the event that you provide us with an invalid address, additional charges will be billed to you to cover the additional shipping cost. We will not be responsible for the User’s shipping costs if non-defective products are returned by the User to the Provider.
This amount will be deducted from the User’s refund, only if a refund is applicable. Non-defective products must be returned to the Provider within 30 days of the product(s) being delivered to the User. Non-defective products must be returned to the Provider in their original packaging with all labels attached, and please do not return the product if it has been used – we can tell! However, if within 6 months of delivery of any product(s) by the Provider to the User, the User finds the product(s) to be faulty, not commercially acceptable, unsuitable for the purpose generally intended, or not reasonably durable i.e. defective, the Provider will gladly exchange the product free of charge. In order to qualify for such exchange, the User must return the defective product(s) within the aforementioned time-frame at the User’s own expense.
EXPRESS DELIVERY TERMS: Next day delivery can be selected as an express delivery option at an additional charge of R200 in South Africa, provided the product is in stock.
- The manner and period within which the User can access and maintain a full record of the transaction –
Users will be required to contact the Provider directly to access any transaction documentation. Transaction histories are available indefinitely.
- The return, exchange and refund policy of the Provider –
See paragraph 9
All Private Payment details are secured through the payment gateway (MyGate) and are not accessible by the Provider. (See also paragraph 6, 8 and 9)