Sending orders
and confirmation of receipt - All information on the site should
be treated as an invitation for you to make an offer to purchase
("the order") and we remain entitled to reject any order
without giving reasons. An order, once sent to us, cannot be withdrawn
unless we agree thereto.
Although our
site is set up to confirm receipt of your order ("confirmation"),
technical or other problems may delay or prevent such confirmation.
If you have not received confirmation from us shortly after sending
your order you should contact us immediately. DO NOT re-submit your
order as this may lead to a duplicate transaction for which you
will remain liable. If you place your order via another site you
should ensure that you have received Confirmation from us. Confirmation
does not mean that a transaction has been concluded it merely serves
to confirm that your order has been received by us. A transaction
is only concluded once we have shipped the goods to your specified
address on receipt of payment. We reserve the right to verify your
identity and to conduct credit checks. You may be required to produce
and/or fax a copy of your identity document and/or the credit card
used to purchase the goods. This is a necessary security measure
for your protection. Failure to do so may result in the order being
cancelled.
Price The total
price of a product (the "purchase price") shall include
Value Added Tax ("VAT") and excludes the shipping cost.
As erroneous or outdated prices could be displayed from time to
time, you agree that we cannot be obliged to sell a product at such
erroneous price. We reserve the right to discount prices for specific
promotions or on-line communities.
Product requests
- We may provide a "product request" service from time
to time in terms whereof we will use 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 you with
assistance in locating a particular product.
Although every effort will be made to source the requested product,
we do not guarantee the availability or existence of any product
and we reserve the right to decline any product request without
giving reasons. Once in receipt of a product request we will contact
the relevant supplier to establish stock availability and pricing.
All product requests will be confirmed with you telephonically or
via e-mail. Products will only be ordered on payment of the purchase
price.
Availability of products - You accept that the display of products
is not necessarily a guarantee of the availability of a product
and that certain products may not be in stock at the time of submitting
your order and delivery may therefore be delayed. However, such
delays shall not entitle you to withdraw your order unless we agree
with you in writing that the duration of delay is unreasonable.
* Right of withdrawal
The provisions of this clause 8 shall only become operative on enactment
of the Electronic Communications and Transactions Act, 2001 ("the
ECT Act"). If you qualify as a consumer as defined in the ECT
Act, you may cancel the transaction at any time within 8 days of
date of receipt of the product and receive a refund of the purchase
price paid. To do this, you must inform us in writing and return
the products without delay, in the same condition and packaging
you received them and at your own cost and risk.
You will, however, not be entitled to exercise the above right of
withdrawal in respect of a transaction : (a) for the provision of
services if performance has begun, with your consent, before the
end of the seven day period referred to above; (b) for the supply
of goods or services the price of which is dependent on fluctuations
in the financial market which cannot be controlled by us; (c) for
the supply of goods made to your specifications or clearly personalized
or which, by reason of their nature, cannot be returned or are liable
to deteriorate or expire rapidly; (d) for the supply of audio or
video recordings or computer software which were unsealed by you;
or (e) for the supply of newspapers, periodicals and magazines.
Returns, refunds and exchanges - Subject to the provisions of clause
*, your return of goods will be governed by the returns, refund
and exchange policy made available on the site from time to time.
Please note that if you return goods you will still have to pay
for the shipping costs.
Privacy - Our treatment of your personal information is outlined
in our privacy policy available on the site from time to time. Any
intentional or negligent breach by us of the provisions of the privacy
policy shall be compensated by us to the highest of the direct,
actual damages suffered by you as a result of our breach or an amount
of R5 000.00 (five thousand Rand), whichever is the lowest. This
is the exclusive remedy to which you are entitled to.
Security Policy
- While we employ security features, processes and procedures on
the site which are in accordance with or higher than accepted industry
standard and use 128 bit encryption technology, we cannot guarantee
the security of the information you transmit to us. Notwithstanding
various precautions taken by us, you accept that transmitting information
over the Internet may be subject to unlawful access or monitoring
and that we are not liable for any loss, harm or damage which you
may suffer as a result of this.
To enjoy full
functionality and all the security features available on the site
you require the browser and version thereof as specified on the
site from time to time. If you do not have the specified browser
then you might not enjoy the full functionality or security features
made available on the site, in which case you acknowledge and accept
that the site may fail to function properly and you accept all risks
related to this.
Complaints & disputes - Any complaints and queries which you
may have should be directed to our customer service division at
the number specified on the site from time to time, or via email
at orders@thelifestylecafe.co.za. If the complaint cannot be resolved
with 10 (ten) business days after having been referred to the customer
service division, the dispute will be referred to arbitration in
terms of the rules of the Arbitration Foundation of South Africa
(AFSA).
The arbitrator shall be appointed by AFSA and the unsuccessful party
shall pay the costs of arbitration. Only you and your representative(s)
and The Lifestyle Cafe and its representative(s) may attend the
arbitration. Both you and The Lifestyle Cafe shall keep the fact
that a dispute has arisen, the record of the arbitration proceedings
as well as the arbitrator's decision, confidential.
Notwithstanding
the above provisions, we retain the right to institute action in
any court of law with jurisdiction to obtain urgent, interim relief
or to collect outstanding debts due and payable by you.
Linking to 3rd
party sites - Hyperlinks to the websites of other persons or businesses
are provided at your own risk. You acknowledge that the websites
attached to these hyperlinks are beyond our control and that we
do not endorse, warrant or make any representations about the content,
products, services, security or reliability of that website.
Severability:
: If any of the provisions of these online terms are not fully enforceable
for any reason, the remainder will nevertheless continue to apply.
Jurisdiction
and governing law: Unless otherwise specified, the goods and services
offered on this site are intended for citizens of the Republic of
South African only. The online terms shall be governed by and interpreted
according to the laws of the Republic of South Africa without giving
effect to any principles of conflict of law.