Terms & Conditions of Sale

 

Online Deals (Pty) Ltd T/A Homeworth®™
Registration number: 2016/353663/07
is proud to be a splice of Essentials At Homeworth (Pty) Ltd  (2006-2017)
www.homeworth.co.za is an online portal that allows access to trade

Introduction

  1. This website can be accessed at www.homeworth.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Homeworth (“Homeworth”, “we”, “us” and “our”).
  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  4. The Website enables you to shop online for an extensive range of goods (“Goods”).
  5. Should you not agree to be bound by any of these terms and conditions and by our privacy policy, kindly exit this page and do not access or use our Website.

 

Important Notice

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
    1. may limit the risk or liability of Homeworth or a third party; and/or
    2. may create risk or liability for the user; and/or
    3. may compel the user to indemnify Homeworth or a third party; and/or
    4. serves as an acknowledgement, by the user, of a fact.
  3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Homeworth to explain it to you before you accept the Terms and Conditions or continue using the Website.
  5. 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  Homeworth in terms of the CPA.
  6. Homeworth permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

 

Website Terms of Use

By accessing and use of this website you accept, understand and agree to be bound by the terms and conditions contained herein. Homeworth reserves the right to amend or change the terms and conditions at anytime and would urge customers and users of this site to inspect them on a regular basis.

 

  1. All intellectual property including the name “Homeworth” are the sole property of the owner/proprietor, and may only be used with express written permission of the owner. This site may not be copied or reproduced in anyway. All images and descriptions are representative of the products sold. Images and descriptions remain the sole property of Homeworth.
  2. Use of this website is restricted to browsing and making purchases, you can use this website for no other purpose whatsoever. Any other use will be deemed to be illegal.
  3. This website may include links to third party websites that are controlled and maintained by third parties. Any links to other websites are not endorsements of such websites. You acknowledge and agree that Homeworth is not responsible for the content or availability of any such sites, nor shall Homeworth be liable for any malicious software contained therein, resulting in damage or loss to you or any third party, in anyway whatsoever.
  4. Homeworth respects your right to privacy and will use any disclosed information on a need to know basis with our suppliers and/or in compliance with South African law. Information gathered may also used by Homeworth in order to determine our business requirements.
  5. The owner reserves the right to modify, withdraw; either temporarily or permanently; the website or any part of, without notice. Homeworth shall not be liable for any damages incurred whatsoever as a result of such actions.
  6. Homeworth will employ reasonable endeavors to ensure the website is up to date and will make amendments where required to ensure that it is.

 

Terms and Conditions of Sale:

  1. All items must be paid for in full before they are dispatched.
  2. Additional documents may be requested with credit card payments.
  3. All communications concerning purchases must be made via email unless otherwise indicated/directed by Homeworth.
  4. Homeworth will endeavor to keep pricing as accurate as practicable; sometimes this is not immediately possible. Homeworth accept no liability for any inaccuracies.
  5. You are advised to confirm the cost at the time of purchase as some items may be subject to special offer.
  6. Homeworth reserves the right to cancel an order at anytime.
  7. Homeworth cannot guarantee the availability of products, due to possible demand or supply issues; orders are on a “first come, first served” basis only.
  8. 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. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  9. All products/goods are sold with manufacturer’s warranty only. Homeworth accepts no liability whatsoever for claims of this nature. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  10. In the event of any dispute arising between you and Homeworth, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  11. All prices on the website for Goods are inclusive of legally applicable VAT. Prices are set out to you prior to your purchase and at order confirmation. Our prices may change at any time, but changes will not affect your order, other than in circumstances described in Clauses 13 and 14 below.
  12. Placing your order: After you place an order by clicking the “Place Order” button and agreeing to these Terms of Sale, you will receive an email confirming receipt of your order and the details of your order.  You will receive another email confirming dispatch of the Goods.
  13. Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Goods Homeworth sell. Homeworth will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified or learning of them.  Homeworth reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).
  14. Post-purchase errors and omissions: Where Homeworth have made an error or omission and you have already purchased the Goods:
    1. If the actual price of the Goods is less than the stated price at the time you purchased the Goods, Homeworth will charge you the lower price; or
    2. If the price of the Goods is higher than the stated price, Homeworth will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a full refund.
  15. All goods displayed on our website are subject to availability. If any goods ordered by you are not immediately available or are not available at all, we will let you know as soon as possible. Goods are only available for delivery in South Africa.
  16. The stated prices on our website are in South African Rands and are only valid and effective in South Africa.
  17. We have made every effort to accurately display the goods specifically with regard to their colour, description and price. Please remember however that the colours that you see will depend on the device which you are using to access our website and we cannot guarantee that the goods when received will be the exact same colour as you have seen it.
  18. Your transaction will only be completed and you will become the owner of the goods, when we deliver the goods that you have ordered to you, or once you have collected the goods, after which you assume all risk and full responsibility for the goods. We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error, for example, regarding the price or description of the goods. We will inform you of such errors as soon as we become aware of them. We will reimburse you the Rand value you paid only if you have already paid for the cancelled order.
  19. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
  20. Not all cancellation requests will be granted.
  21. You are liable for shipping and handling costs which may arise from the cancellation of your order.
  22. Refunds will be issued in the form of a store credit or an EFT refund.

 

Changes to Order

Changing your order: Once you have placed your order, Homeworth are unable to make any changes to your order, including the quantity of Goods ordered or the delivery address. This Clause does not impact your legal rights to cancel or any rights to return you may have for the particular purchase.

 

Returns Policy

 

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it, or credit your account, subject to the below terms. This Policy applies to products bought from Homeworth itself and from Third Party Sellers advertising on the website. Not all requests for returns will be accepted. Homeworth reserves the right to reject requests for product returns.

 

This Policy forms part of the Homeworth Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

 

Preparing your products for a return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

  • request the return on the Product Returns page of this website
  • package your products safely and securely for protection during transit;
  • clearly mark your return reference number on the outside of the parcel; and
  • include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

 

  1. Unwanted Products

You can return an unwanted product to Homeworth, provided:

  1. it is undamaged and unused, with the original labels and stickers still attached;
  2. it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable).
  3. it is not missing any accessories or parts;
  4. you log a return on the Website within 7 days of delivery to you or collection by you of the unwanted product. After 7 days, you can only return a product if it is defective within the guidelines set out in the CPA.
  5. Not all returns will be accepted.
  6. Should you wish to cancel your purchase for any reason at any point after making payment, you will be liable for a 15% handling fee on the original purchase price.
  7. You must follow the returns procedure by logging into your account and completing our product returns section.

Homeworth is entitled to inspect the product to validate your return. Not all requests for returns will be approved. The courier cost is non refundable.

 

  1. Incorrect or Incomplete Delivery

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will make arrangements to have it replaced. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference). The courier cost is non refundable.

 

 

 

  1. Damaged Products

Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the Website.

 

We will arrange to collect the product from you. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

 

  1. Defective Products

We do our best to ensure that the products we deliver to you are of a high quality,  and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.

 

The following will NOT be regarded as defects and will not entitle you to a return under this section:

 

  1. faults resulting from normal wear and tear;
  2. damage arising from negligence, user abuse or incorrect usage of the product;
  3. damage arising from electrical surges or sea air corrosion;
  4. damage arising from a failure to adequately care for the product;
  5. damage arising from unauthorized alterations to the product;
  6. where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and
  7. in relation to Unboxed Deals, signs of handling and/or repackaging.

 

  1. Unreturnable Items

Once opened, the following categories of products will not be accepted for returns/refund due to public, food safety and copyright regulations:

  • Personal grooming products.
  • Hair care products
  • Clothing or garments
  • Health & fitness products
  • Recipe books
  • Annique health & beauty products

 

This does not include products that have arrived damaged or expired. We will most certainly replace and refund when we or the supplier are at fault.

 

 

  1. Gift Vouchers & Coupons

There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).

 

Where you have used a Fixed Coupon to pay for an order, and you or Homeworth later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Homeworth may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon.  For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

 

Where you have used a Percentage Coupon  to pay for an order, and you or Homeworth later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Homeworth may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

 

Wherever you have used a Gift Voucher to purchase a product that you later return for a refund in accordance with the Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Gift Voucher, but we will credit your account.

 

  1. Charges and Refunds

If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.

 

If you return a product that does not comply with this Policy, you may be liable to reimburse Homeworth for the cost of collecting the product from you and the cost of having the product returned to you.

 

Please note that you may be liable for shipping costs for the collection and shipping of replacement goods. Homeworth reserves the right to charge for the collection or shipping of returned and replacement items. The courier cost is non refundable.

 

Warranty & Guarantee

Homeworth does not manufacture any of the goods displayed on this website and thus does not offer any warranty or guarantee on any items outside of the manufacturer’s warranty, stipulated within the product details.

 

In the event that there is a fault with a product within the warranty period, it is the customer’s responsibility to facilitate the repair/exchange with the supplier. Please log faults on the Product Returns page of this website and we will assist as best we can.

 

 

Shipping / Delivery:

  1. Homeworth offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
    1. courier; or
    2. self-collection. (Place order as normal on the site & contact us for a collection code before checking out)
  2. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
  3. Where it accepts your order, Homeworth 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 cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
  4. Homeworth’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Homeworth is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
  5. Our nominated local courier service providers are Fastway Couriers and The Courier Guy, both of whom deliver within South Africa within 7 days from dispatch, depending on the location and their delivery schedule. Both of these service providers offer shipment tracking online. Once the order has been confirmed and the delivery method has been selected, a tracking number will be issued and sent to you. Once the goods have been dispatched by us, it is the customer’s responsibility to track the goods or to communicate with the courier company should the goods not arrive within the stipulated time period. Homeworth will not be held responsible for any delays originating from the courier company.
  6. Occasionally, packages are returned to us undeliverable. In this event, every attempt will be made to contact you to make arrangements for re-shipment, the cost of which will be charged to you. Kindly insure you have provided correct physical delivery address and that someone is present to receive the parcel at your chosen delivery address and time.
  7. Every effort is made to ensure a successful delivery of quality products, but sometimes accidents do happen during the delivery process. The customer is responsible for inspecting all products on delivery and ensuring that the items are in good condition. Any items that have been broken or damaged must be noted on the waybill

 

Fragile Items

  1. Fragile Items, such as appliances, glassware, etc., will not be insured by the courier. These items are instead insured by Homeworth. It is the customer’s responsibility to notify Homeworth in the event of broken or damaged goods being delivered.
  2. Should your items arrive broken or damaged, note the damage on the waybill at the time of delivery and refer to the Courier’s Conditions of Carriage below for further instructions.

 

 

Fastway Couriers

You can view the Fastway Couriers Conditions of Carriage here:

http://www.fastway.co.za/images/legal/FastwayCouriersConditionsOfCarriage.pdf

Please read through these conditions carefully.

 

The Courier Guy

You can view The Courier Guy Conditions of Carriage here:

http://thecourierguy.co.za/dnd/TCG_Terms_and_Conditions_Of_Trade.pdf

Please read through these conditions carefully.

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