Online Shop Terms and Conditions:
- We are MAURETTE INTERIORS CC t/a Van Eijsden (“Van Eijsden”) Registration number: 2007/024633/23. Our Head Office’s physical address is Shop 5, No. 1 Bridge Street South End Port Elizabeth, South Africa.
- 1.2.These Terms and Conditions shall apply to all orders concluded by or with Van Eijsden for the sale and/or supply of products on our online shop, www.vaneijsden.co.za (the “Site”). When you submit an order to Van Eijsden, give any delivery instruction or accept delivery of any products, this shall constitute your unqualified acceptance of these Terms and Conditions. However, nothing in these Terms and Conditions affects your statutory rights.
- These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or verbally, are expressly waived and excluded.
- How is a contract formed:
- 2.1.You may register an online profile on www.vaneijsden.co.za to place an order. To place an order with Van Ejisden you must be older than 18.
- To register as an profile, you must provide a unique username and password and provide certain information and personal details to Van Ejisden. You will need to use your unique username and password to access the Site in order to purchase products.
- Your Order remains valid as an offer until we deliver the products to you.
- Van Ejisden will indicate the acceptance of your order by delivering the Products to you, and only at that point will an agreement of sale between you and Van Ejisden come into effect. This is regardless of any communication from Van Ejisden stating that your Order or payment has been confirmed. Van Ejisden will indicate the rejection of your Order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- If a Product is not in stock, we will contact you and give you the option to wait for us to restock.
- Price and Payment:
- The amount to be paid will be shown on the Site together with the charges you must pay including VAT and cash delivery fee, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa.
- You shall pay for the product by one of the following payment methods, subject to Van Ejisden’s discretion:
- Payment via credit and debit card:
The transaction then takes place within your bank’s secure environment and Van Ejisden won’t have access to any of your card details. Your card details will only be accessible to our PCI compliant payment service provider.
- Payment via Manual EFT
This payment method requires you to transfer money directly from your bank account into Van Ejisden’s account. If you select EFT, you will be redirected to a secure payment gateway and asked to select your bank. The details for the EFT payment will then be displayed, along with instructions regarding references etc. All bank deposit EFT’s require proof of payment to be sent to firstname.lastname@example.org, and funds must reflect before your order will be processed.
- Payment via Instant EFT:
Van Ejisden accepts Instant EFT as a payment option and is available to ABSA, FNB, Nedbank and Standard Bank, Capitec and Investec. These payments are processed immediately by your bank and provide a secure transfer for immediate payment. You will not need to send proof of payment and there is no waiting period for the funds to reflect in our account. Your order status will be updated immediately. Instant EFT guarantees the highest levels of security when paying online and your inline banking details are not stored.
- You cannot reserve products by placing them in your cart for payment at a later stage. Van Ejisden may remove products from your cart if the product is no longer available.
- Van Ejisden shall not be obliged to supply the product to you unless We have accepted your order (by delivering the Product to you). Unless expressly stating that We accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the confirmation of a contract of sale. In that Acknowledgement, we may give you an order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies.
- Van Ejisden will, at all times do our utmost best to ensure that the price given to you is accurate, but the price of your order will need to be validated by Van Ejisden as part of our acceptance procedure. If the price for the order changes before we accept your order, We will contact you and ask you to confirm whether you wish to proceed at the amended price.
- Custom Orders
Custom orders are made especially for you. As soon as your deposit is received, your order becomes binding. The production of custom orders to your specifications (colour, size, depth etc) begins immediately. Therefore, custom orders cannot be cancelled, changed, returned or refunded at any time. So please make sure the specifications of your order is correct before making the deposit.
- Cancellation of your Order
- Van Ejisden reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
- Van Ejisden will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order.
- After delivery of the product, you may cancel the sale only in accordance with the Returns Policy below.
- We reserve the right, for purposes of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Van Ejisden, in whole or in part.
- Van Ejisden shall fulfill your order within 2 weeks from order date via it’s courier partners.
- If a Product is out of stock, we can order it from our partners, in which case, delivery could take 8 to 12 weeks from order date.
- If delivery is fulfilled by a courier partners, a rate of________________________ for all orders shall be applicable on check out.
- If delivered to an outlying area, the delivery fee will be quoted.
- Van Ejisden shall aim to let you know if we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- On delivery of the product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You are to note any defects on the proof of delivery.
- All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, We will not be liable for loss or destruction of the Product.
- If delivery is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the product from the courier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- charge you for our reasonable storage fee and other costs reasonably incurred by us; or
- no longer make the product available for delivery and notify you that we are immediately cancelling the applicable contract, in which case we will refund to you or your credit or cheque card, as applicable, any money already paid to Van Ejisden under the applicable Contract, less our reasonable administration charges.
- It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
- Returns Policy
7.1 Van Ejisden warrants that:
- The product is reasonably suitable for the purpose that it was intended for;
- The product is of good quality, free of defects and in good working order and;
- The product will be durable and usable for a reasonable period of time.
7.2 Van Ejisden will process your return request in the following circumstances:
- You may return an undamaged, non-defective product in the event that you change your mind about the product within 7 (seven) business days of delivery of products. You shall be reasonsible for the direct delivery fees to return the product.
- You may return a product which is defective within 6 (six) months of after delivery free of charge.
- Returns Procedure:
- Should you wish to return a product, you will need to email email@example.com or contact us directly through the contact page on the Site.
- You will be given an option to exchange or return the product. Exchanges are subject to product availability at the time of request.
- Once your return/exchange request has been logged you will receive an email to confirm that our courier partners will contact you to arrange collection.
- As you agreed to inspect the product for defects or damage before accepting delivery, you are encouraged to submit photographic proof and you must provide full reasons for alleging that the product is defective, including stating how the product was utilised during the period that it was in the your possession.
- Once the return has reached our warehouse, the product will be inspected before the return is processed.
- If you have proven that any of the product warranties in clause 7.1 above have been breached, you may choose a refund or store credit or an exchange if possible.
- Van Ejisden will evaluate the defect and honour warranties if:
- The defect existed at the time of delivery and manifested during the warranty period;
- The defect did not arise due to normal wear and tear or misuse/abuse by the customer;
- The customer duly complied with the care instructions and maintenance.
- Other Warranties:
- Leather warranty
Van Ejisden uses natural full-grain leather. Therefore, certain variations may occur. Dye lots may vary resulting in slight colour variations. No two hides are identical. Scratch marks, stretch marks, brand marks, scuff marks and tick bite marks are characteristics of natural full-grain leather and are often visible. These are not defects but are considered to add character to the leather.
- 8.2.TIMBER WARRANTY
Some products are made from reclaimed, recycled or salvaged wood and will therefore have nicks, marks and imperfections. Some products may have holes, cracks and metal visible and are most often handcrafted — creating character that is part of the look and/or design. These are not defects, signs of damage or poor quality. Some products are not sealed and therefore care needs to be taken during day to day use.
Organic teak is a natural product, which has not been kiln-dried. Therefore, some residual moisture may remain. It is recommended that these products are not placed on carpets or other surfaces where staining could occur.
Timber products are warranted for a period of 1 year from date of delivery/collection in respect of frame and workmanship. Should the original product be altered in any way, the warrantee will be void
- COLOUR DESCRIPTIONS & UNIQUE FEATURES
While every effort is made to ensure that the product you buy, including timber, fabric and leather products, corresponds as closely as possible to the sample shown in our stores or on our website, slight differences may occur. We regret that no responsibility can be accepted for variations, which add to the unique characteristics of our products.
- Amendments to these terms and conditions
Van Ejisden may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Site.
- 10.Circumstances beyond our control (force majeur clause)
- We shall not be liable to you for any breach, hindrance or delay in the performance of a contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
- Either you or Van Ejisden may terminate a contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor Van Ejisden shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
- If we have contracted to provide identical or similar products to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
- Van Ejisden undertakes to ensure compliance with:
- Provisions in the Consumer Protection Act 68 of 2008 in relation to any products sold by Van Ejisden to you via the Site; and
- Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to Van Ejisden payment systems being sufficiently secure;
- We will at all times do our utmost best to ensure that all information displayed on the Site and in any communication from Van Ejisden is accurate, however, should any inaccurate information be published by Van Ejisden (ie. incorrect Product description or price), despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.
- We cannot accept liability, to the full extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Site or the purchase of any of our Products. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Services and/or your purchase of any products or services.
- Data Protection:
- This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, you and Van Ejisden submit to the jurisdiction of the South African courts.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or Van Ejisden to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.