Terms and Conditions

• Q › Electronic Communications

  ABy using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

• Q › E-Commerce & Privacy

  AThe Website www.notthemall.co.za sells home decor and kitchen goods online. The use of any product bought from this Website is at the purchaser's risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
  
  The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold.
  
  The Provider cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

• Q › Delivery Policy

  A

  Subject to stock availability with suppliers and receipt of payment, The Provider aims to deliver within 10 days, via courier company to main centres (CPT, JHB, DBN, PE, BLOEM, E LONDON, GEORGE, PTA) and for outlying areas via Post Office, to User’s nearest PO counter for collection. The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User's chosen delivery address. Delivery costs may vary but as a guide the User may work on the following rates:
  - Digital gift voucher or experiential voucher (via email): FREE 
  - Any product under R500: R80; Any product over R500: FREE

• Q › Cancelled orders

  AThe User is entitled to cancel any order up to invoice stage. If an order is cancelled AFTER payment has been received by The Provider, the order will be refunded after deduction of a 10% charge for administration costs. Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Managing Director at info@notthemall.co.za

• Q › Returns / Refund Policy

  A

  COOLING OFF PERIOD

  Save for certain exceptional cases (as listed below), Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to return any goods purchased on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund within 30 days thereafter, subject to being charged by The Provider for the return of the goods.  You will thus be able to return certain products that you are not satisfied with for any reason within such 7 day period. Section 42(2) of the ECT Act sets out all the exceptions to the aforesaid ‘cooling-off right’.  The exceptions include the following products in respect of which NO cooling off period shall apply:

  • Books, magazines, newspapers and periodicals;
  • Audio or video recordings or computer software which have been opened/un-sealed;
  • Foodstuffs, beverages or other goods intended for everyday consumption and delivered to a Purchaser’s home, residence or workplace; and
  • Products which by reason of their nature cannot be returned (including eBooks, eMagazines and electronic Vouchers) or which are likely to deteriorate or expire rapidly.

  You will only be entitled to a refund in respect of the exceptions listed above in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below.
  
  

  LATE DELIVERY

  If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to The Provider of such product the functionality for giving such notice being provided on the ‘invoice’ webpage of the Website. Should a product ordered be unavailable, the Provider will notify you within 48 hrs.
  
  

  DEFECTIVE / DAMAGED / UNSUITABLE PRODUCTS

  • GENERAL RULE:  If, within 7 days after delivery of a product to you,
    • you find that the product is damaged, defective, or otherwise unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended); and
    • you arrange to return such product to The Provider (at The Provider’s expense) by notifying The Provider at into@notthemall.co.za and the product is subsequently found –
    • to indeed be damaged, defective or unsuitable, you are entitled to either (a) have the product repaired or replaced at The Provider’s expense, or (b) be fully refunded;
    • NOT to be damaged, defective/faulty or unsuitable, you will be liable for the costs incurred in having such product returned to The Provider and then re-delivered to you.
  • WHEN IS THE PRODUCT 'DEFECTIVE', 'DAMAGED' OR 'UNSUITABLE'? Please note that the following issues/problems will NOT render the product damaged, defective or unsuitable as aforesaid and will not entitle you to any repair, replacement or refund:
    • resulting from normal wear and tear;
    • where you or someone unauthorised to do so by The Provider, has altered the product;
    • encoding on DVD’s not being compliant with your zone (save where the encoding was incorrectly specified in the relevant product description);
    • electronic hardware or software (including computer games) purchased by you which are not compatible with your operating system and/or existing hardware .  Consequently, before purchasing any electronic hardware or software, please confirm that same is compatible with your existing hardware and operating system.  System requirements are usually available on the manufacturer’s website.
     
    • Photographic equipment which shows evidence of (a) impact, sand, liquid or moisture damage; (b) dropping, mishandling or tampering; (c) battery or chemical corrosion; (d) damage caused by connected equipment; or (d) use contrary to the applicable instruction manual

• Q › Export restriction

  AThe offering on this website is available to South African clients and delivery addresses only, unless special arrangement is made before placing an order.

• Q › Payment Options

  APayment may be made via Visa, MasterCard, or American Express credit cards or by bank transfer into the the Provider's bank account, the details of which will be provided after checkout.

• Q › Credit card acquiring and security

  ACredit card transactions will be acquired for the Provider via Payfast (Pty) Ltd who are an approved payment gateway. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy. Customer details will be stored by the Provider separately from card details which are entered by the client on Payfast's secure site. For more detail on Payfast refer to http://www.payfast.co.za

• Q › Merchant Outlet country and transaction currency

  AThe merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

• Q › Responsibility

  AThe Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

• Q › Updating of these Terms and Conditions

  AProvider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

• Q › Copyright and Intellectual Property Rights

  AProvider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

• Q › Limited License to General Users

  AProvider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only. This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website. Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.

• Q › Limitation of liability

  AThe Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

• Q › Privacy: casual surfing

  AThe User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from here.

• Q › Choice of Law

  AThis Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

• Q › Contact Information

  AA copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002