Terms of Use

Terms of Use (Terms and Conditions)

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We are: Gralan (Pty) Ltd T/A Equator Home at web address http://www.equatorhome.co.za
Physical address: 358 Marshall Street, Jeppestown, 2094, South Africa
Reg # 1968/008918/07

You are: Our Customer/Website Visitor/Online Store Buyer

Definitions in this agreement:

“Courier” means any person or business contracted by us to transport goods from us to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Goods” or “Items” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website” or “Our Online Store” both mean any website or e-commerce site of ours, and includes all web pages controlled by us.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, content and/or other material on Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.

These terms and conditions regulate the business relationship between you and Equator Home.
By using Our Website in any way, or by buying from us, you agree to be bound by them.
These terms and conditions are in the interests of consumers as defined by The South African Consumer Protection Act, No 68 of 2008

Interpretation
In this agreement unless the context otherwise requires:.

1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party
9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Our contract with you

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
No person under the age of 18 years may purchase goods unless under adult supervision of your parent/s or legal guardian. Should you be under 18 it is implied that you have been authorised by your parent/legal guardian who then becomes bound by these Terms & Conditions.
We may update these Terms & Conditions from time to time.
The Terms & Conditions that apply to you are those posted on Our Website on the day you order Goods.
The price of Goods may be changed by us at any time.
We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
Due to the multitude of factors arising in e-commerce, warehousing and logistics, we do not guarantee that Goods advertised on Our Website are available.
If you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
We do not sell Goods in all countries. We may be unable to deliver the Goods if you live in a country we do not serve.
Prices include value added tax (“VAT”) at 15%. If you show by your delivery address that you reside outside the South Africa, VAT will be deducted at the payment point.
If the items you order are available in parts, items may be delivered separately
Bank charges by the receiving bank on payments to us will be borne by us.
If a payment is made in a foreign currency, all other charges relating to payment in a currency other than South African Rand will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
The price of the Goods may or may not include the delivery charge.This will be indicated at the time of purchase.
Certain very bulky or heavy items may have a separate delivery fee which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of our online store before we ask you to pay.
If we owe you a refund (or funds for any other reason), we will credit your credit or debit card or bank account as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due
Any refund will be made via the same payment method and account details as were used during payment for the order

Purchase agreement

The purchase agreement is considered concluded when the following has occurred:

Checkout procedure has been completed
Payment has been received at our bank or Payment Gateway partner
Goods have been delivered to the customer or collected by the customer. (Or by a proxy nominated by the customer to receive or collect the goods)

The following do not constitute a purchase agreement

Items in your Wishlist or in your Shopping Cart
Items where the checkout procedure has been completed and we are waiting for payment (e.g. with an EFT – Electronic Funds Transfer)
Items where payment has been made but the items are found to be damaged or missing from our stock
Items where payment has been made but another order for the same item is already in the system

The following should be noted

We are not responsible for items that may be purchased by other buyers while items are in your Wishlist or in your Shopping Cart.
We are not responsible for a situation in which a buyer that cannot complete the Checkout procedure or payment procedure due to but not limited to: internet connection or congestion, power failures, hardware or software errors, website congestion, payment gateway errors or other banking errors.
Prices may change at any time – If an item is in your cart or wishlist, the price may change without notice. If the item has been in your cart or wishlist for more than 24 hours, the price may have changed on checkout. If the price has changed within 24 hours of an item being added to your cart and checkout, please inform us at info@equatorhome.co.za
At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason.

Cancellation of an Order

You may cancel an order at any time before shipment or collection of goods has occurred.
To cancel an order that has been shipped, please follow the Return Procedure

Product Specifications & Photographs

Occasionally a product’s specifications may change at the supplier without notice
Some photographs may not be of the exact same product featured, but are assumed to be a reasonable facsimile thereof
Should you not agree with the above points on receipt of an item, you may return it according to our return policy

Payment Options

1. Credit Card Payment

We make every effort to make our Online Store safe and secure for you to use.
Card payments are currently not processed directly by our Online store, but via a 3rd party Payment Gateway.
3rd Party Payment Gateways (eg. Payfast, Payflex or Mobicred) will encrypt your card or bank account details securely.
In the future we may offer credit card processing. In this case if you have requested us to save your credit card details in readiness for your next purchase, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

2. EFT (Electronic Funds Transfer)

On checkout, our banking details will be sent to you.
You will have 24 hours to make the electronic payment corresponding to the amount of your order (during the work week).
During this time your order will be reserved for you.
Should payment not be received during this time-frame, we reserve the right to release any items in your order to another buyer. In this case your order will be cancelled and you will need to place another order to receive the goods.

3. Credit Facility (via Mobicred)

We are pleased to offer credit facilities with Mobicred.
You may access the Mobicred option within the Payfast payment portal

Delivery and Pickup

1. Delivery
If you have chosen the delivery option, the following points apply:

Goods are dispatched with one of our courier partners within 48 working hours of payment being received at our bank.
Deliveries will be made by the courier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
We may deliver the Goods in installments if they are not all available at the same time for delivery.
Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver.
When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
Signing “Unchecked”, “Not Checked” or similar is not acceptable.
You will be notified by email to inform you when we have dispatched your order
Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
Some Goods (e.g. sofas) are considered large and/or heavy. This may increase delivery time. In this case, approximate delivery dates will be given when you place your order.
Goods are to be delivered within 30 days from the day you place an order to purchase the Goods.
If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail and you will have to option to reschedule delivery or obtain a refund for your order.

2. Pickup
If you have chosen the pickup option, the following points apply:

You may choose to collect goods from our warehouse.
You will be notified when your order is ready to collect
Please let us know in advance when you intend to collect your order.
We will do our best to assist you in loading heavy items; However, this may not be possible at all times. Please ensure that you have sufficient person-power available to load heavy items such as sofas, chairs, rugs and other furniture.
Goods are at your risk from the moment they are picked up by you or your courier from our showroom or warehouse
You are responsible for the Goods, both on and off our premises, once collection has been made.

Warehouse address:
358 Marshall Street (corner Karl Street)
Jeppestown
Johannesburg
Gauteng

Coupons

Coupons are the electronic version of paper coupons that provide the buyer with a discount
Coupons may randomly be offered on our Online Store
There are 2 types of Coupon 1) Absolute Value Coupons e.g. R200 off your order and 2) Percentage Value Coupons e.g. 10% off your order or 10% off a particular item
Coupons may or may not be repeated and one variety of coupon may not be available to all users at all times
Coupons may not be exchanged for cash or a credit
Coupons may not be transferred to other users of the Online Store
Coupons are only valid until their expiry date after which time they become null & void.
Refunds on returned items that were purchased with a coupon will be refunded (if a refund is due) at the amount paid for the order after redeeming the coupon
Coupons cannot be applied to completed orders (i.e. retroactively)
Multiple Coupons may not be used on 1 order to increase the discount given on that order
Coupons may be revoked at any time without reason or liability

Standard Warranty

We will repair or replace Goods within the provisions of The South African Consumer Protection Act, No 68 of 2008
All items are sold with an implied Standard 6 Month Limited Warranty, unless otherwise stipulated.
This warranty undertakes that the product is free from defects in both materials and workmanship for a period of 6 months after purchase. This time period includes the 14 day return period.
The warranty applies only under normal usage conditions and correct care of the product.
Any alterations to the product will void any warranty
The defect must be reported as soon as it is detected.
The item may be replaced or repaired to original condition at our discretion. This will be done at no extra cost to the buyer
If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
Defective goods or goods damaged during transit must be returned (at no extra cost to the buyer) under the Return Policy and Procedure

Return Policy

Please visit Return Policy and Procedure

Foreign taxes and duties

If you are not in the Republic of South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
You are responsible for shipping to and clearing of the goods in your country, including all customs duties and other taxes that may be levied by your country on those goods.

Disclaimers

The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All the conditions, warranties or other terms implied by the law of any country other than the Republic of South Africa are excluded from this agreement to the extent permitted by law.
We may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring any errors to our immediate attention.
We give no warranty and make no representation, express or implied, as to:

the quality of the Goods
any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose
the correspondence of the Goods with any description;
the adequacy or appropriateness of the Goods for your purpose;
the truth of any Content on Our Website
non-infringement of any right.

We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
Your account with us:
1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to post content which is or may:
1. be malicious or defamatory;
2. consist of commercial audio, video or music files;
3. be illegal, obscene, offensive, threatening or violent;
4. be sexually explicit or pornographic;
5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
7. solicit passwords or personal information from anyone;
8. be used to sell any goods or services or for any other commercial use;
9. send age-inappropriate communications or content to anyone under the age of 18.

We may refuse, edit or remove a Posting which does not comply with these terms.
A Posting must not contain:
1. hyperlinks, other than those specifically authorised by us;
2. keywords or words repeated, which are irrelevant to the Content Posted.
3. the name, logo or trademark of any organisation other than yours.
4. inaccurate, false, or misleading information.

How we handle your Content
1. Our privacy policy is strong and precise. It complies fully with current law (Protection of Personal Information Act or POPIA of 1 July 2020)
2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
6. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1978.
7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
11 Please notify us of any security breach or unauthorised use of your account.
12. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph [five / number] above
13. Removal of offensive Content
14. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
15. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
16. If you are offended by any Content, the following procedure applies:
Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
we shall remove the offending Content as soon as we are reasonably able
after we receive notice of a claim or complaint, we shall investigate so far as we alone decide
We may re-instate the Content about which you have complained or not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

Security of Our Website
You agree that you will not, and will not allow any other person to:
1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
3. download any part of Our Website, without our express written consent;
4. collect or use any product listings, descriptions, photos or prices;
5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
7. share with a third party any login credentials to Our Website.

Despite the above terms, we grant a licence to you to:
1.create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.

Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
1. your failure to comply with the law of any country;
2. your breach of this agreement;
3. any act, neglect or default by any agent, employee, licensee or customer of yours;
4. a contractual claim arising from your use of the Goods;
5. a breach of the intellectual property rights of any person.

Intellectual Property
1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
4. You may not store electronically any significant portion of any Content.

Miscellaneous matters
1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
2. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4 Equator Home Fashion respects your privacy, takes reasonable steps to protect your personal information as defined in the Promotion of Access to Information Act 2000 and Protection of Personal Information Act 2013. Our compliance with the legislation is set out in Privacy Policy.
5. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
a) if delivered by hand: on the day of delivery;
b) if sent by post to the correct address: within 72 hours of posting;

8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
9. This agreement does not give any right to any third party.
10. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
11. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
12. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.

If you have any queries about the Terms of Use, please email us as info@equatorhome.co.za

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