TERMS AND CONDITIONS OF USE
Please note that by making use of our website to purchase our products, communicate with us or for any other purpose binds you to the terms and conditions that follow:
Welcome to Homemark.co.za (this website). Homemark provides access to this website to allow you to, inter alia, purchase our products subject to the conditions set out on this page.
Please read these conditions carefully before using this website. By using Homemark.co.za you confirm that you have read, understood and agreed to these Terms and Conditions and you signify your agreement to be bound by these conditions.
These Terms and Conditions constitute an agreement between Homemark and you and govern our respective rights and obligations each time you use Homemark.co.za.
PURCHASE OF PRODUCTS AND SERVICES VIA THIS WEBSITE
Any offer to purchase products and services via this website does not constitute any guarantee that what is being purchased will be available.
“COOLING-OFF PERIOD” IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
You are entitled to cancel any transaction concluded on the website without any reason and without any penalty, within 7 (seven) days after the receipt of the product. In the event that payment for the products or services has already been made prior to you exercising your right to cancel the transaction, you are entitled to a full refund of such payment, which refund will be made within 30 (thirty) days of the date of cancellation of the transaction.
We are committed to ensuring the security of your use of the website and are entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud via the website. Where you believe you have been a victim of a fraud, you must inform Homemark immediately as soon as you become aware that a suspicious transaction has occurred on your account. In addition you must open a criminal case at your nearest police station. You will also be required to co-operate with Homemark and the police in any investigation conducted into losses you suffer. We will investigate all reported cases of fraud and, provided that you have complied with the safety measures listed in this website, we will reimburse you after the investigation for any losses suffered due to fraud committed via this website.
All credit card transactions will be subject to a fraud check process. This is to ensure that both parties are protected.
If you wish to purchase with a bank not located in South Africa only EFT payments will be accepted.
COMPETITIONS, PROMOTIONS AND NEW SERVICES
From time to time, we may run competitions and promotions and offer you various new services. Since these competitions, promotions and new services will differ over time, the Terms and Conditions will be updated as and when necessary on the website.
PURCHASE OF CHILDREN’S GOODS AND TOYS
Homemark has no intention of collecting any personally identifiable information from individuals under thirteen years of age. When orders are received for purchasing children’s goods, in the absence of evidence to the contrary, we will assume that the transaction is being conducted by an adult. If this is not the case, a parent or guardian of the child should contact Homemark immediately upon this coming to their attention.
When purchasing children’s goods and toys you must ensure that these goods and toys are used for the age group as described on the packaging, for purpose for which they were designed and with parental supervision. We will not be liable for any damages suffered by you or any other person caused by the misuse and/or abuse of the children’s goods and toys bought from Homemark. All liability for such damages shall remain with the supplier of the children’s goods and toys.
We will not be held liable for any loss, claims, theft or damage of whatsoever nature, to any person, arising from the delivery process and/or from the delivery of a product and/or the failure to deliver a product.
Please note that delivery estimates are not guaranteed delivery times and should not be relied upon as such. The delivery period for different products may vary depending on the type of product and the availability of the product. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. We will not be liable for any loss or damages you may suffer if the product is not delivered within the estimated delivery times specified above.
Any product that you purchase from Homemark.co.za will only be delivered to a physical address chosen by you on your purchase of the product. The physical address chosen by you must be within the borders of the Republic of South Africa. We do not deliver to all areas in the Republic of South Africa and these areas are designated as restricted areas. We will inform you telephonically should your physical address fall in a restricted area.
We will not be held responsible or liable for any loss, damage or theft of the product in the event that you have provided Homemark with your home physical address and you have given authorisation to a domestic worker and/or security officer to accept of the product.
Despite our best efforts, a product appearing on our website may be mispriced. We reserve the right to correct the selling price or to change the selling price of any and all products from time to time without any prior notification. All errors and omissions are specifically excluded.
Homemark is the owner of various brands and/or owns trading rights to various brands. We thereby own the rights to rebrand our products or change brand specifications should the necessity arise. In terms of branding, the latter may cause a discrepancy between the product info and images as displayed on the website, and the actual products delivered. We however try our best to avoid such situations.
AVAILABILITY OF PRODUCTS
All orders are subject to the availability of the products. If, at the time the order is issued, our warehouse detects that there are no stocks of any of the products included within it, Homemark will make every effort to locate the item. If this is not possible, the user will be notified immediately. In addition, the amount charged for the unsent item will be refunded to the customer, using the same payment method used to purchase the item.
REFUSAL OF ORDER
Homemark reserves the right to refuse to process any order or not to accept a confirmed order due to the following reasons:
1. In the event of a technical or a typographic error in the prices or in the rest of the products’ information displayed on the website when the order was proceeded.
2. Due to lack of availability as described above
3. When security systems indicate that the request may be fraudulent.
4. When there are reasons that indicate that the user is a minor.
5. When Homemark has not been able to deliver the order to the address provided.
In this cases, Homemark will reimburse fully amounts that have been paid.
REFUNDS & RETURNS
Homemark cannot guarantee the replacement of returned products, as this is subject to stock availability.
You may only return a product or request a refund if the product is damaged prior to delivery; if the product is faulty on delivery; or if the incorrect product was delivered. In such a case, no returns or refunds will be accepted after 7 (seven) days of delivery of the product.
The product will not, under any circumstances, be returned or refunded if the original packaging has not been returned with it. In the event that the product is faulty on delivery, Homemark reserves the right to first attempt to remedy the fault, prior to considering your request for a refund.
Should you request a return and/ or refund on receipt of the product for any reason other than the product not being damaged, incorrect or faulty, Homemark has the right to charge the recipient the delivery, administration and handling fees for that product and the balance will be refunded.
NO REPRESENTATIONS OR WARRANTIES
While every effort is made to update the information provided on the website on a regular basis, we make no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of information contained on any of the website pages and will not be bound in any manner by such information. In this regard you are referred to the Disclaimer. In particular Homemark does not warrant that this website or the server that makes it available are free of viruses, destructive code or other harmful components. You (and not Homemark) assume the entire cost of all necessary servicing, repair, or correction.
Homemark also does not warrant that the website, any tools such as calculators, software, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. All implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose; non-infringement, compatibility, security and accuracy are hereby specifically disclaimed.
We reserve the right at any time to change or discontinue without notice, an aspect, feature or service offered on the website
ENDING A SESSION
You must log off once you have finished using the website. If you do not do this, unauthorised transactions may result. Homemark will not be liable for such unauthorised transactions.
We respect your privacy and your personal information. For this reason, we have prepared a Privacy Statement to let you know how we will treat any personal information that we may have about you. We will take all reasonable measures, in accordance with our Privacy Statement, to protect your personal information and to keep it confidential.
Information that is transmitted over the Internet may be passed through various uncontrolled forwarding mechanisms and may therefore be intercepted. While we will take all reasonable precautions to ensure that your use of the website is secure, we cannot be liable for any loss or damage you suffer as a result of such interception or other use of the Internet.
LIMITATION OF LIABILITY
Although we have taken reasonable care to prevent harm or loss to you, we are not liable for any harm or loss whatsoever arising as a result of your use of this website unless such or damage arises from our gross negligence or intentional misconduct. In particular, neither Homemark nor any of its affiliates shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of:
the ability (or inability) to access this website,
the use (or inability to use) any content of this website,
or the content of any website(s) linked to this website.
In addition, Homemark will not be liable for:
any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for whatever reason;
any loss or damage arising from your orders or purchases of products from third parties, based on the information provided on this website;
any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses, destructive code or other harmful components on our system or third party systems; programming defects or negligence on our part;
any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the utility providers (including telephone and electricity), internet service providers, local authorities and certification authorities; and any event over which Homemark have no direct control.
LINKS TO THIRD PARTY WEBSITES
As a convenience to you, this website may contain links to the websites of other third party websites. If you use these websites your will leave this website. By making the links available we are not endorsing third party websites, their content, products or services they offer or the owners of these third party websites. If you decide to visit these websites, you do so at your own risk and it is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites.
EXTERNAL LINKS TO THIS WEBSITE
All links to this website must be approved in writing by Homemark.
LICENCE FOR WEBSITE ACCESS
The content on our website constitutes Homemark’s intellectual property rights. Homemark grants you a limited licence to access and make personal use of this website but not to download (other than page caching) or modify it or any portion thereof. This website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the written consent of Homemark. You may not use framing techniques to enclose any trademark, logo or other proprietary information of Homemark or its affiliates without the written consent of Homemark. You may not use meta tags or other hidden text utilizing Homemark’s or its affiliates trademarks without the written permission of Homemark and any unauthorized use terminates the licence referred to above and any prior granted permissions.
You may not use this website in any way that causes, or is likely to cause, the website or access thereto to be interrupted, damaged or impaired in any way. You must use this website only for lawful purposes. You understand that you are responsible for all content sent from your computer to Homemark. You must not use this website for any of the following:
for fraudulent purposes or other unlawful activity;
to cause annoyance or other inconvenience;
to use any material that is in breach of any valid intellectual property right, whether it be Homemark’s or a third party’s; or
to send or otherwise use any material that is offensive, abusive, indecent, defamatory or otherwise objectionable.
INTELLECTUAL PROPERTY RIGHTS
All content on Homemark.co.za constitutes the intellectual property rights of Homemark, as applicable. This includes, but is not limited to, all text, graphics, logos, icons, images, audio clips, data compilations, software, trademarks, registered designs, patents (where applicable) including all applications therefore and the right to claim damages on the basis thereof.
The compilation of all the content on this website is protected by, inter alia, South African and international copyright laws.
You may not extract or utilize parts of the contents of this website (whether systematically or ad hoc) without the written permission of Homemark.
NOTICES, CONFIRMATION AND STATEMENTS
You agree that Homemark publishing a notice on our website, for example, by sending you a notice once you log into the website or via email, SMS or post will constitute sufficient notice to you. Should you fail to raise an objection with Homemark within 24 (twenty-four) hours after we sent you a notice (including by SMS), you will be deemed to have accepted the transactions or new setting as being valid and binding in all respects.
ACCESS TO HOMEMARK.CO.ZA
We will employ all reasonable methods to ensure that availability of the website will be uninterrupted. However, this cannot be guaranteed, not least because of the nature of the Internet. Your addition to the website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities.
MODIFICATION, SUSPENSION OR TERMINATION OF HOMEMARK.CO.ZA
We may change, suspend or discontinue providing the facilities and services available of Homemark.co.za at any time at our sole discretion.
AMENDMENTS TO THESE TERMS AND CONDITIONS
We may amend these Terms & Conditions from time to time. If you use the Homemark website after we have posted an amended version of these Terms & Conditions on the website we will be entitled to assume that you have agreed to be bound to the amended version of the Agreement.
SUBMITTING A COMPLAINT
Any complaints or queries may be directed to our dedicated Homemark Customer Services Call Centre on 011 430 6000.
ADDRESS FOR SERVICE
Homemark chooses the following address as its address for citation, service of legal processes, execution or any other purpose connected with this agreement:
Homemark (Pty) Ltd.
Private Bag X9979
39 Commerce Crescent
We may send you legal notices as per above and/or to any of the addresses you have specified on any of your application/registration forms with Homemark or at the address you work or live.
These Terms & Conditions are subject to the laws of the Republic of South Africa and you agree to the exclusive jurisdiction of the South African courts.
The headings appearing in these Terms & Conditions are inserted for convenience only and will not be taken into account when interpreting these Terms & Conditions.
References to the masculine will be interpreted as referring to the feminine, mutatis mutandis. Similarly, references to the singular will be interpreted as references to the plural, mutatis mutandis