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Conditions of Use  
GENERAL TERMS AND CONDITIONS

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 An order, once sent to us, cannot be withdrawn unless we agree thereto.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 As erroneous or outdated prices could be displayed from time to time, you agree that we cannot be obliged to sell a product at such erroneous price.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.

Notices and address for service: For purposes of these online terms The Lifestyle Cafe will receive legal service of any formal notices or court process at the physical address specified on its website from time to time and you agree to receive same at your specified address.

 
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