- This website can be accessed at www.ukhuni.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Ukhuni Business Furniture (Proprietary) Limited (“Ukhuni”, “we”, “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
- 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.
- The Website enables you to shop online for an extensive range of corporate office furniture (“Goods”).
2. Important Notice
- These Terms and Conditions also apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). In the event that any clause contained in these Terms and conditions conflicts with the provisions of the CPA, the clause in question or part thereof (as the case may be) shall be deemed to be pro non scripto, meaning as though it had not been written and shall be ignored in the interpretation of the Terms and Conditions.
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of Ukhuni and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Ukhuni and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Ukhuni to explain it to you before you accept the Terms and Conditions or continue using the Website.
- 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 Ukhuni in terms of the CPA.
- Ukhuni 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.
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
3. Conclusion of sales and availability of stock
- Registered users may place orders for Goods, which Ukhuni may accept or reject in its discretion. Whether or not Ukhuni accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Ukhuni for the Goods.
- NOTE: Ukhuni will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Ukhuni come into effect (the “Sale”). This is regardless of any communication from Ukhuni stating that your order or payment has been confirmed. Ukhuni will indicate the rejection of your order (by Ukhuni itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Cancellation and returns of product – refer to our Cancellation & Returns policy.
- Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Ukhuni liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Ukhuni, Ukhuni will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Ukhuni will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
- The price of the Goods on the Website does not include delivery charges. See clause 6 below.
- Please refer to our Cancellation and Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Cancellation and Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions). In the event of any conflict between these Terms and Conditions and the Cancellation and Returns Policy, the provisions contained in the Cancellation and Returns policy shall take priority.
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Payment can be made for Goods via –
- debit card;
- 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 are entitled 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 order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for 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;
- 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. Ukhuni will not accept your order if payment has not been received;
- All payment to Ukhuni shall be made without setoff, deduction or withholding whatsoever.
- The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): in respect of Payment, which are incorporated by reference.
- You may contact us via email@example.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
- Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- Payment can be made for Goods via –
6. Delivery of goods
- Ukhuni offers 1 (one) methods of delivery of Goods to you.
- Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. The delivery charge for Goods is dependent on the area to which the Goods will be delivered. The delivery charge will be advised to you and you are required to pay the same prior to deliver. Ukhuni shall not deliver any Goods until the delivery charge has been paid.
- Where it accepts your order, Ukhuni will deliver the Goods to you as soon as reasonably possible, but no later than 6 (six) weeks 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.
- Ukhuni ’s obligation to deliver Goods to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Ukhuni is not responsible for any loss or unauthorised use the Goods, after it has delivered the Goods to the physical address nominated by you.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges (subject to clause 6.2) 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 for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Cancellations and Returns Policy.
- Ukhuni shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
8. Gift Vouchers & Coupons
- Ukhuni may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) available for use on the Website towards the purchase of Ukhuni Goods. Gift Vouchers can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
- Gift Vouchers that are purchased by registered users are valid for 3 (three) years after sale. Gift Vouchers that Ukhuni gives away for free are valid for the period stated thereon. In each case, if your Gift Voucher has not been used within that period, it will expire.
- Gift Vouchers cannot be used to buy other Gift Vouchers. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
- Ukhuni is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
9. Changes to these Terms and Conditions
- Ukhuni may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any orders or further orders on, or in any other way use, 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 amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
10. Electronic communications
11. Ownership and copyright
- The contents of the Website, including any material, information, data, 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 Ukhuni, its advertisers and/or sponsors and/or is licensed to Ukhuni.
- You will not acquire any right, title or interest in or to the Website or the Website Content.
- 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. To obtain permissions for the commercial use of any Website Content contact us via our firstname.lastname@example.org.
- Where any of the Website Content has been licensed to Ukhuni 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.
12. Disclaimer and limitation of liability
- 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.
- Whilst Ukhuni takes reasonable measures to ensure that the content of the Website is accurate and complete, Ukhuni 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. If any such representations or warranties are made by Ukhuni ’s representatives, Ukhuni shall not be bound thereby.
- Ukhuni disclaims liability for any damage, loss or expenses, 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.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website are not necessarily the views of Ukhuni, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, Ukhuni 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 Ukhuni, its employees, agents or authorised representatives. Ukhuni 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.
- Neither Ukhuni nor its directors, agents or employees will be liable for any loss, damage, personal or other injury which may be caused to any of the user or the employees of user or the assets of the user as a result of the use of any Goods purchased or obtained from Ukhuni or from any cause of whatsoever nature arising herefrom.
- The user indemnifies Ukhuni, its directors, agents or employees against any claim by the user or any third party in respect of any such loss, damage or injury arising out of the use of any Goods purchased or obtained from Ukhuni or from any cause of whatsoever nature arising herefrom.
- Ukhuni shall not be responsible for any loss or damage suffered by the user as a result of Ukhuni’s failure to deliver the Goods timeously or in the event that the Goods are not available for collection by the user on the date arranged for the collection of the Goods.
13. Availability and termination
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- Ukhuni may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Ukhuni will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- 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, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- Ukhuni is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or coupon intended by Ukhuni to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Ukhuni, in whole or in part, on notice to you. Ukhuni shall only be liable to refund monies already paid by you (see Ukhuni’s Cancellation and Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
- At any time, you can choose to stop using the Website, with or without notice to Ukhuni.
14. Governing law and jurisdiction
- 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.
- In the event of any dispute arising between you and Ukhuni, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. Notwithstanding the aforegoing, Ukhuni shall, in its sole discretion be entitled to institute proceedings relating to all or any disputes or claims directly or indirectly in connection with these Terms and Conditions in the Magistrate’s Court or Regional Court and the user hereby consents and submits to the jurisdiction of the Magistrate’s Court or Regional Court having jurisdiction over its person in respect of all proceedings in connection with these Terms and Conditions, notwithstanding that the amount claimed or the value of the matter in dispute exceeds such jurisdiction.
- Nothing in this clause 14 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- Ukhuni hereby selects 10 4th Street, Wynberg, Sandton, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”), provide that any notice is addressed for the attention of and delivered to the chief financial officer. Ukhuni may change this address from time to time by updating these Terms and Condition.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Ukhuni not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by email will be deemed to have been delivered on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us on email@example.com or you can contact our call centre on 076 570 1482.
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: firstname.lastname@example.org
- For the purposes of the Electronic Communications and Transactions Act No. 25 of 2002 (as mended), Ukhuni’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
- Full name: Ukhuni Business Furniture (Proprietary) Limited a private company registered in South Africa with registration number 2001/008690/07
- Main business: Manufacturer of Corporate Office Furniture
- Physical address for receipt of legal service (also postal and street address): 10 4th Street, Wynberg, Sandton, 2018
- Office bearers: Michael Stein and Margaret Taeli.
- Phone number: +27 11 887 9243
- Email address: email@example.com
- Ukhuni 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.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions (or part thereof) to any third party. Ukhuni may, in its sole discretion, cede, assign or otherwise transfer its rights and obligations in terms of these Terms and Conditions (or any part thereof) to any third party without notice to you.
- Any failure on the part of you or Ukhuni to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- 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.
- 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.
- These Terms and Conditions contain the whole agreement between you and Ukhuni and no other term, condition, representation, warranty or undertaking is valid between the parties, unless contained in this document.
- The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.