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View Our Terms And Conditions | DialaRug

This website can be accessed at www.dialarug.co.za (“the Website“) and is made available by Rugs Hyperstore Pty Ltd, Registration number: 2019 / 567929 / 07, a limited liability private company incorporated in the Republic of South Africa and having its registered address at Unit 20, Old Mill Park, 15 Sucrose Crescent, Mt Edgecombe, Kwazulu Natal 4302, (“the Company).

1. In terms of the Electronic Communications and Transactions Act No 25 of 2002, the following information is required to be made available on our Website:

Main business: Supply of various carpeting products

During Office hours: 087 353 4230 After hours: 087 353 4230 E-mail: [email protected] Official email address: [email protected]

These Website Terms and Conditions (“Terms and Conditions“) govern the sale of Goods (as defined below) and the use of the Website.

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website or registers as a user as contemplated below. By using the Website and by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

The Website enables you to shop online for a range of various carpeting products. (“Goods“).

2. Application of the Consumer Protection Act, 68 of 2008

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”)

2.2 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask the Company to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.2 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask the Company to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.3 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or the Company in terms of the CPA.

2.4 The Company permits the use of this Website subject to the Terms and Conditions. In the event that you make use of the services on this website, it is deemed that you have accepted all the Terms and Conditions.

3. Registration and use of the website

3.1 Only registered users may proceed to the checkout page and payment gateway.

3.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to the Company.

3.3 You agree and warrant that your username and password shall:

(a) be used for personal use only; and

(b) not be disclosed by you to any third party.

3.4 For security purposes you agree to enter the correct username and password whenever purchasing Goods, failing which you will be denied access.

3.5 You agree that the Company will accept and process your order for Goods once the correct username and password have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent and that you will be liable for payment of such order, save where the order is cancelled.

3.6 You agree to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3.7 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

3.8 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.

4. Ownership and copyright

4.1 The contents of the Website, including any material, information, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content“) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of the Company, its advertisers and/or sponsors and/or is licensed to the Company.

4.2 You will not acquire any right, title or interest in or to the Website or the Website Content

4.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

4.4 Where any of the Website Content has been licensed to the Company or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

5. Disclaimer

5.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

5.2 Whilst the Company takes reasonable measures to ensure that the content of the Website is accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. 5.3 The Company disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

5.4 In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives. The Company thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

6. Linked third party websites

6.1. This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

6.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

7. Privacy policy

7.1. Rugs Hyperstore’s Privacy Policy may be viewed here.

8. Limitation of liability

8.1. The Company cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of the Company, its employees, agents or authorised representatives. 8.2. The company shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

8.3. You hereby indemnify the company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

9. Changes to these terms and conditions

9.1. The Company may, in its sole discretion, change the Terms and Conditions or any part thereof at any time and notice of such change in the Terms and Conditions will be provided to you, either via email and/will be displayed on the Website. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such updated or amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such updates or amendments.

10. Availability and termination

10.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

10.2. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

11. Terms and conditions of sale

11.1. Registered users may place orders for Goods subject to the availability thereof.

11.2. The prices displayed on the website and are quoted in South African Rand inclusive of Value Added Taxation (VAT), which is valid and effective only in relation to supply in South Africa.

11.3. Products and prices displayed on this site may vary from time to time.

11.4. The range, design, description, colour, texture and composition of fibres may vary from that of the swatch or the products displayed on our website due to dye lot variations.

11.5. The colours of the products that appear from our website may differ from the colour of the actual product due to the potential colour differences among computer monitors and operating systems. We cannot guarantee that the colour you see on your screen is a true indication of the actual colour of the product. Swatch colours represented on the website may differ from the actual product. It is recommended that you visit one of our showrooms in order to get a true indication of the colour. The Company shall not be held responsible for any colour variances viewed from your computer and as appearing on our website.

12. Special orders

12.1. The customer will be provided with a quotation for all made to order goods. (“special orders”)

12.2. It is the customer’s responsibility to verify the correctness of all information on the quotation before The Company commences the processing of the special order.

12.3. A deposit to be determined by The Company shall be payable in advance and is required for all special orders. The deposit is subject to forfeiture if the order is cancelled at any time. The balance is payable in accordance with The Companies payment terms and conditions.

12.4. The lead time for special orders depends on the product, its availability and performance by The Companies suppliers or manufacturers. The anticipated lead time will be stated on the invoice. The Company will inform the customer of any delays.

12.5. It is acknowledged that products that are subject to special orders may differ from samples due to hand making processes and shall be so accepted by the customer.

12.6. No special orders will be subject to return, exchange or refund.

13. Agreement of sale

13.1. An agreement of sale between you and the Company will come into effect upon completion of an online order on the Website, and payment or payment authorisation being received by the Company to the satisfaction of the Company.

13.2. You acknowledge that stock of all Goods on offer is limited. When Goods are no longer available the Company will notify you and you will be entitled to a refund of the amount paid by you for such Goods. Whilst the Company will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Goods when the Goods are available. Should the Goods no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you.

14. Warranty

14.1. Under certain specifically defined circumstances goods maybe under warranty.

14.2. Notwithstanding the provisions on 14.1, the information provided on this website is provided “as is”, without warranty of any kind, either express or defined including but not limited to the implied warranties of merchant ability, fitness for a particular purpose, completeness, non infringement, as maybe allowed in law.

14.3. The warranty provides for the free repair or replacement of any faulty component. If collected from us, the client needs to return the product to us at his own cost,otherwise if we delivered, we will exchange and deliver the product at our cost.

15. Payment

15.1. The Company is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

15.2. Payment can be made for Goods via –

a) debit card;

b) credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your purchase of the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

c) direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. The Company will not execute the order until receiving confirmation that payment has been received into the Company’s bank account; or

15.3 Purchase orders will be confirmed with the Customer upon proof of receipt of payment.

15.4 In the case of EFT payments, products will only be released for collection / delivery once payments reflect on the Company bank statements. Until such time as payment has been made in full, the product remains the property of the Company.

15.5 The invoice must be retained as proof of purchase and payment.

16. Delivery of goods choice of delivery agent and prevailing special rates stipulation on the website checkout

16.1. Full Payment of the purchase price and delivery charges (where applicable) is required before products will be delivered to or collected by the customer.

16.2. The customer may be charged for the cost of delivery which will be reflected on the appropriate invoice. The delivery charges may be amended from time to time.

16.3. Reasonable endeavours will be made to deliver the product on the arranged date and time. Circumstances that are unforeseen or beyond the Company control may however result in changes to the agreed delivery date and time of which the customer will be telephonically and or via email informed and alternative arrangements will be made.

16.4. The customer is required to inspect the goods on delivery. The customer or the person taking delivery on behalf of the customer will be required to sign a proof of delivery (POD). Unless indicated to the contrary on the POD, it is deemed that the product has been delivered and received in good condition and, where appropriate, in accordance with the customer’s specifications.

16.5. The customer must ensure that the place of delivery is accessible, that the goods delivered can fit into lifts, staircases or through doors and that all relevant areas have been cleared prior to delivery. This includes the removal of all breakable objects. The customer accepts the risk of all damages that may result due to non- compliance by the customer.

16.6. The customer will be charged for any additional delivery costs due to failed deliveries, access problems and/or failure to adhere to the appointment time for the delivery/collection.

16.7. The Company shall not be held liable for any items claimed to be missing following a delivery.

16.8. The customer will be charged for the cost of delivery which will be reflected on the appropriate invoice. The delivery fee is non-refundable.

16.9. The Company offers 2 methods of delivery of the Goods to you. You may elect delivery via:

(a) delivery to the customer at the provided address; or

(b) collection by the customer.

We try our best to get your product to its new home within 3-5 working days, however as the transport is provided by an independent supplier, it is out of our control but we will provide you with a tracking number and a delivery date which the product should be delivered on.

Our website is as up to date as possible however it may not reflect our stock levels and may provide incorrect information in this regard.

17. Collection of goods by customer

17.1. The customer or person collecting the Goods must produce the original invoice in order for the Company to release the product. The person producing the original invoice shall be deemed to be the duly authorised agent of the customer.

17.2. The customer or person who receives the Goods upon delivery, which appear on the website, unconditionally agrees and accepts that the risk of loss and title for such product passes to the customer or person at the time of collection. 17.3. Unless indicated to the contrary on the collection note, it is deemed that the Goods have been collected and received in good condition and, where appropriate in accordance with the customer’s specifications.

17.4. The Company will not in any way be liable for damage that may occur after the products have been handed to the customer or person collecting on behalf of the customer or during the loading and transportation thereof.

18. Errors

18.1. We shall take all reasonable efforts to accurately reflect the Goods, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence) we shall not be liable to make good on a transaction based on any error apart from refunding any monies paid by you to the Company.

19. Electronic communications

19.1. When you visit the Website or send emails to us, you consent to receiving communications from us electronically.

20. Cancellation and refund

20.1. In terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act“) you are entitled to cancel, without reason and without penalty, your order for the Goods within 7 (seven) days of receipt of the Goods. In such an event -

(c) you will receive a full refund of the purchase price within 30 (thirty) days of the date of your cancellation of the order;

(d) you undertake not to utilise the Goods;

(e) your agreement of purchase will be deemed to have been cancelled, and

(f) you will be liable in terms of section 44(2) of the ECT Act for the direct costs of returning the Goods, such as courier and/or shipping charges.. You should note that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods that you have ordered are made to your specifications or are clearly personalised.

20.2 The Company will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period“). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to proceed with your order for the Goods or cancel your order. If you elect to cancel your order, we will reimburse you with the purchase price.

21. Returns cost relating to return delivery to be borne by customer/ Dial a rug

21.1. Subject to the provisions of clause 20 above, Goods may be returned only when defective or damaged and repair or exchange is not possible, or if the Goods supplied are not the same Goods as what was ordered. If any defect in the Goods are discovered within a period of 7 days after delivery, this must be reported to us as soon as reasonably possible after the Goods having been delivered to you and must be returned to us within a period of 7 days after delivery. If the Goods are not the same as what was ordered this must be reported within 24 (twenty four) hours of delivery. Any damage must also be immediately reported, within 24 (twenty four) hours of delivery.

21.2. If the Goods have been approved by us in accordance with the provisions of clause 21.1 for return, we will notify you and either arrange (i) for our couriers to collect the item from you; or (ii) request that you post it back to us. Should you need to post the Goods back to us please only send it to our postal address. You will be credited or refunded for the postage costs incurred, up to a maximum of the current Company Postal Delivery rate only if the Company is liable.

21.3. The customer should present the original invoice as proof of purchase for all exchanges or returns. We regret no exchanges, returns or refunds without the original invoice.

21.4. If you are returning Goods via courier or post office you must package it carefully so that it does not become damaged en-route. Please include the Returns Request Number and a copy of your original invoice with any return.

21.5. Product exchanges that have to be delivered will be delivered to the original delivery address within South Africa.

21.6. It is acknowledged that exchanges are subject to product availability at the time of the request for exchange.

21.7. The Company will check the condition of products presented for exchange or return to establish if the products were deemed to be purchased/collected/delivered in good condition as checked and signed by the customer at the time of the purchase/collection/delivery.

21.8. We are unable to exchange goods where product characteristics and/or imperfections were pointed out prior to purchase.

21.9. Physically altered or partially disassembled Goods may not be returned.

21.10. Once the product has been received and checked by the Company, the customer’s banking details will be verified in order to issue a credit note.

21.11. Products purchased during an online Sale by the Company will be subject to the Terms & Conditions for that specific Sale.

22. Force Majeure

22.1. A force majeure event is any event beyond the reasonable control of the Company. If the Company is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then the Company shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, the Company may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

23. Governing law and jurisdiction

23.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

24. Notices

24.1. The Company hereby selects Unit 20, Old Mill Park, 15 Sucrose Crescent, Mt Edgecombe, Kwazulu Natal 4302, as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“nominated address“). You hereby select the address specified on the Goods order form as your nominated address.

24.2. Either party may change its nominated address to any other physical address by not less than 7 days’ notice in writing to the other party. 24.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -

(a) by hand will be deemed to have been received on the date of delivery;

(b) by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

(c) by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and

(d) by email will be deemed to have been on the date indicated in the “Read Receipt” notification.

25. General

25.1. The Company may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

25.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

25.3. Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.

25.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

25.5. 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.

25.6. 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.

25.7. These Terms and Conditions contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.