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Electronic
Communications
By 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.
E-Commerce
& Privacy
The Website (Uafgarden.co.za) sells [Patio Furniture]
goods online. The use of any product bought from this
Website is at the purchaser 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
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 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.
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 chosen
delivery address.
Cancelled orders on the e-commerce facility will be
refunded after deduction of a 15% charge for
administration costs.
The Provider reserves the right to cancelled an order for
which payment has already been received. This may occur if
stock is insufficient or the quality of goods ordered does
not meet the Provider standards. Should the Provider
exercise this right, the User will receive a full refund
with no deductions.
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 Marketing
Manager
Updating
of these Terms and Conditions
Provider 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 obligation to
periodically check these Terms and Conditions at the
Website for changes or updates. The User continued use of
this Website following the posting of changes or updates
will be considered notice of the User acceptance to abide
by and be bound by these Terms and Conditions, including
such changes or updates.
Copyright
and Intellectual Property Rights
Provider 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 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 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.
Limited
License to General Users
Provider 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.
Limitation
of liability
The Website and all Content on the Website, including any
current or future offer of products or services, are
provided on an 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.
Privacy:
casual surfing
The 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. 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.
Choice of
Law
This 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 Witwatersrand 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.
GOLDEN BARLEY ELECTRONIC MAIL (E-MAIL) LEGAL NOTICE
1. This e-mail legal notice is enforceable and binding on
the recipient / addressee in terms of sections 11(1) to
11(3) of the Electronic Communications and Transactions
Act 25 of 2002.
2. This e-mail transmission contains confidential
information, which is the property of the GOLDEN BARLEY .
No person, other than the recipient (so indicated by the
sender) may use or disclose the contents of this message,
links or attachments hereto, to any person whatsoever.
Unauthorised disclosure and/or use may result in civil and
criminal liability.
3. The information in this e-mail or attachments thereto
is intended for the attention and use of the addressee
only. If you are not the intended addressee/recipient, you
are hereby notified that any disclosure, copying or
distribution of the contents of this e- mail transmission
or the taking of any action in reliance thereon or
pursuant thereto, is strictly prohibited. Should you have
received this e-mail in error, please delete and destroy
it and any attachments thereto immediately. At no time may
you act on the information contained therein.
4. The e-mail address of the sender may not be used,
copied, sold, disclosed or incorporated into any database
or mailing list for spamming and/or other marketing
practices without the prior consent of GOLDEN BARLEY.
5. Under no circumstances shall GOLDEN BARLEY or the
sender of this e-mail be liable to any party for any
direct, indirect, special or consequential damages,
including, without limitation, any loss of profits,
business interruption, loss of programs or other data on
information handling systems or otherwise, even if GOLDEN
BARLEY or the sender of this e-mail have been expressly
advised of the possibility of such damages.
6. Any agreements concluded with GOLDEN BARLEY by using
electronic correspondence shall only come into effect once
GOLDEN BARLEY indicated such contract formation in a
follow up or return communication.
7. No e-mail correspondence sent to GOLDEN BARLEY shall
be deemed to have been received until Golden Barley has
responded thereto. An auto-reply shall not constitute such
for purposes of this clause.
8. No warranties are made or implied that any employee
and/or contractor of GOLDEN BARLEY is authorised to create
and send this communication.
9. GOLDEN BARLEY reserves the right to intercept, filter,
view, block, delete, access, copy, read and act upon this
e-mail messages and all e-mail messages send as reply
messages to the e-mail address of the sender.
10. GOLDEN BARLEY retains the copyright to all e-mail
messages and attachments sent from its communications
systems. The recipient / addressee is hereby licensed to
open and read the message and/or attachments only all
other rights are reserved unless so indicated by the
sender.
11. The views and opinions expressed in this e-mail
message do not necessarily reflect the views and/or
opinions of GOLDEN BARLEY. If this e-mail message is used
for purposes unrelated to the official business of GOLDEN
BARLEY, GOLDEN BARLEY shall not be liable for any damage
or loss caused by the contents of this message and the
sender shall take full responsibility therefore in his/her
sole and personal capacity.
12. Subject to urgent and interim court relief, all
disputes and/or disagreements and/or damages and/or
liabilities, in any manner related to the following12.1
interpretation and enforceability of this e-mail legal
notice; 12.1. content (including message headers, links
and/or attachments) of this e- mail message; and/or 12.2.
sending or receipt of this e-mail message, shall be
referred to urgent and confidential arbitration in terms
of the GOLDEN BARLEY Dispute Resolution services available
from http://www.GOLDENBARLEY.COM
13. This e-mail legal notice shall at all times take
precedence over any other e-mail disclaimer received by
employees or contractors utilising the communications
facilities of GOLDEN BARLEY.
14. Please contact the following person should you have any questions
regarding this e- mail legal notice:
15. GOLDEN BARLEY retains the copyright in this e-mail
legal notice. c 2007, ALL RIGHTS RESERVED. Copying,
distribution or use of this notice, in whole or in part,
may result in civil and criminal prosecution.
16. Our or your emails are protected by COMODO SSL Secure
Socket Layer
17. Golden Barley Home Garden reserves the right to
decline any order. All orders are subject to our Terms &
Conditions.
18. Our Company Logo and Products are Registered For
International Trademark, Patented and Copyright Reserved.
Golden
Barley Garden Furniture Trading as HomeGarden.co.za
Date last amended 6 June 2000
Golden Barley Garden Furniture Trading as
HomeGarden.co.za provides the information contained on
this website and the pages comprising the website and
advertises and sells the products to you, subject to the
terms and conditions set out herein and as may be
referenced herein unless otherwise stated. For the
purposes of these terms, means those items offered for
sale by Golden Barley Garden Furniture Trading as
HomeGarden.co.za or the services made available from time
to time via the website.
1.
Acceptance
By accessing and/or using the website, you agree to be
bound by the terms. Golden Barley Garden Furniture Trading
as HomeGarden.co.za may at any time modify any of the
terms and such modification will supersede and replace any
previous terms. The amended terms will be made available
on the website. Each time you access the website and/or
use the services offered via the website, you agree to be
bound by the terms, as may be modified from time to time.
2.
Content of the Website
Whilst every effort is made to update the information
provided on this website on a regular basis, Golden Barley
Garden Furniture Trading as HomeGarden.co.za makes no
representations or warranties, whether express, implied in
law or residual, as to the accuracy, completeness or
reliability of any information, data and/or content on the
website from time to time. Golden Barley Garden Furniture
Trading as HomeGarden.co.za reserves the right at any time
to change or discontinue without notice, any aspect or
feature of the website and any information, data and/or
content on the website.
3. Access
Codes
Before purchasing any products via the website, you will
be obliged to enter you user name or personal ID number
and personal password or other unique identifying
information. Jointly we refer to the ID and password and
other unique identifying information as your Access Codes
You undertake to ensure that your Access Codes are not
disclosed to any third party and to immediately report any
actual or potential unauthorised access to or use of your
Access Codes. On receipt of such communication, Golden
Barley Garden Furniture Trading as HomeGarden.co.za
reserves the right to reject any communication received
from you, suspend the processing of any communications and
orders not yet executed by Golden Barley Garden Furniture
Trading as HomeGarden.co.za and immediately deactivate
your Access Codes. You shall thereafter be obliged to
refrain from ordering any products until such time as new
Access Codes have been authorised by Golden Barley Garden
Furniture Trading as HomeGarden.co.za. Golden Barley
Garden Furniture Trading as HomeGarden.co.za may from time
to time require you to change your Access Codes, as the
case may be, and you undertake to comply with such
instruction immediately.
4.
Verification
1. You agree that all instructions, consents, orders and
other communications which purport to originate from you
or a person who had authority to act on your behalf to
operate automatically (unless it is proved that such
information system did not properly execute such
programming) and which are sent to Golden Barley Garden
Furniture Trading as HomeGarden.co.za electronically and
which may (as a result of interception, equipment
malfunction, the distortion of communication links or any
other reason whatsoever) be different from the
instructions actually sent or given, or may not have been
given by you at all, shall be deemed to have been given by
the originator in the form actually received by Golden
Barley Garden Furniture Trading as HomeGarden.co.za and
you will be bound by such instruction with no liability of
whatever nature attaching to Golden Barley Garden
Furniture Trading as HomeGarden.co.za in regard thereto.
2. You waive any rights that you may have or obtain
against Golden Barley Garden Furniture Trading as
HomeGarden.co.za arising directly or indirectly from any
loss or damage of whatsoever nature which you may suffer
as a result of the fact that Golden Barley Garden
Furniture Trading as HomeGarden.co.za acts on your
instructions/orders or instructions/orders purported to
emanate from you and you indemnify Golden Barley Garden
Furniture Trading as HomeGarden.co.za against all and any
claims, liabilities, losses, costs, fines, damages and
expenses incurred (whether directly or indirectly) by you,
arising as a result of the fact that Golden Barley Garden
Furniture Trading as HomeGarden.co.za has acted on your
instructions/orders or instructions/orders which purported
to emanate from you.
5.
Orders, confirmation & delivery
The advertising of products via the website merely
constitutes an invitation by Golden Barley Garden
Furniture Trading as HomeGarden.co.za for you to make an
offer to purchase products and we remain entitled to
reject any order without giving reasons therefore. As
erroneous or outdated prices may be displayed on this
website from time to time, you agree that we will not be
obligated to sell a product at such erroneous price. Once
you have selected the product you wish to purchase and
submitted your order to Golden Barley Garden Furniture
Trading as HomeGarden.co.za, you will be given the
opportunity to review the entire transaction and correct
any mistakes, before electing whether to withdraw from the
transaction or proceed with the transaction. By clicking
on the ť or similar button you are deemed to have
submitted an offer to purchase the product/s selected by
you and the order cannot be withdrawn by you unless
expressly agreed to by Golden Barley Garden Furniture
Trading as HomeGarden.co.za. Golden Barley Garden
Furniture Trading as HomeGarden.co.za reserves the right
to cancel the order for any reason on notice to you.
Receipt of a confirmation of the order (which constitutes
acceptance by Golden Barley Garden Furniture Trading as
HomeGarden.co.za to process the order) will be sent to you
once we receive your order. Although the website is set up
to confirm receipt of orders, technical or other problems
may delay or prevent such confirmations. DO NOT resend
your instruction if you do not receive a confirmation from
us as this may lead to a duplicate transaction for which
you will be held liable. Please note that a transaction
will only be deemed to have been concluded once the
product/service in question has been delivered/collected
in accordance with the selected delivery option or agreed
process. Delivery times are estimates only and we are not
liable for any late deliveries.
A pre-order is not a completed or confirmed order.
Although every effort will be made to source the requested
product, we cannot guarantee the availability of any
product. We also reserve the right to decline any
pre-order without reason. Once in receipt of a pre-order
we will reserve the product for purchase by you subject to
stock availability. Final pricing of pre-ordered products
may vary from the price displayed at the time the
pre-order was placed. All pre-orders will be confirmed
with you telephonically or via email.
A product request is not an order. Although every effort
will be made to source the requested product, we cannot
guarantee the availability or existence of any product. We
also reserve the right to decline any product request.
Once in receipt of a product request we will contact the
relevant supplier to establish stock availability and
pricing. All product requests will be confirmed with you
telephonically or via email.
Any applications which you submit to us via the website
will be subject to our normal approval processes and
procedures. We reserve the right to withhold approval at
our sole discretion. We reserve the right to verify the
identity of any purchaser or the payment method used. This
may require you being required to, inter alia, send us a
copy of your identity document, proof of residence, copy
of front and back of your credit card. Failure to do so
may result in us cancelling the order without reason. If
Golden Barley Garden Furniture Trading as HomeGarden.co.za
approves your application you may be required to sign
additional terms & conditions, which will form the basis
of Golden Barley Garden Furniture Trading as
HomeGarden.co.za agreement with you. A copy of these terms
can be obtained by calling our helpdesk on 0861 823 823.
If you do not agree to these additional terms & conditions
then your application will be cancelled and you will not
be entitled to use or access the product or service you
have subscribed to.
Dispatch / Shipping / Delivery: Your Order will be
produced and dispatched within 7 - 21 working days, from
date of payment. Products are shipped using our courier
company. They will ship to any physical address within
South Africa. Refused or undeliverable shipments will be
subject to a restocking fee of 15%, in addition to
applicable shipping, transaction and insurance fees.
Uafgarden.co.za does not ship to a PO Box address, and
farms, No deliveries on Saturdays or Sundays.
6.
Performance
All orders shall be executed within the time period
notified therefore by Golden Barley Garden Furniture
Trading as HomeGarden.co.za. Golden Barley Garden
Furniture Trading as HomeGarden.co.za shall notify you
should any products be unavailable for any reason
whatever. For information on guarantees applicable to
products purchased by you, please see our warranties /
guarantee policy. You accept that the display of products
is not necessarily a guarantee that a product is
available.
7.
Payment
For details on payment options, please refer to the
payment options. Compliance with section 43(1) of the
Electronic Communications and Transactions Act of 2002
8.
Cooling off period and Returns
In addition to the rights set out in our return policy,
if you qualify as a consumer in terms of the Electronic
Communications and Transactions Act you may enjoy certain
cooling-off rights in terms of which you can cancel any
transaction for the supply of goods within 7 (SEVEN) days
after the date of receipt of the goods or services within
7 (SEVEN) days after the date of conclusion of the
agreement, without reason or penalty. This does not apply
to certain goods or services. For example, any airtime
purchased by you is not subject to the provisions of the
ECT Act since the ECT Act specifies that the cooling off
provisions do not apply to electronic communications where
the goods are clearly personalised. Airtime ordered by you
via the website is issued with a unique number which is
allocated solely to you and accordingly, cannot be
returned for use by someone else.
Please refer to the return policy, which sets out our
policy regarding returns or products. If you have effected
payment prior to exercising your right to return the
products, Golden Barley Garden Furniture Trading as
HomeGarden.co.za will refund you the full purchase price
thereof, less any direct costs incurred by Golden Barley
Garden Furniture Trading as HomeGarden.co.za in returning
such goods.
9.
Privacy and Security
All personal information obtained by Golden Barley Garden
Furniture Trading as HomeGarden.co.za by virtue of your
use of this website is protected as set out in our privacy
and security policy. Further, the security processes and
procedures used by Golden Barley Garden Furniture Trading
as HomeGarden.co.za to protect information transmitted via
the website are also set out in the privacy and security
policy.
10.
Copyright and Intellectual Property Rights
Copyright and all intellectual property rights in all
materials, texts, drawings and data made available on this
website are owned by Golden Barley Garden Furniture
Trading as HomeGarden.co.za alternatively, Golden Barley
Garden Furniture Trading as HomeGarden.co.za is the lawful
user thereof and are protected by both South African and
international intellectual property laws. Accordingly, any
unauthorised copying, reproduction, retransmission,
distribution, dissemination, sale, publication, broadcast
or other circulation or exploitation of such material or
any component thereof will constitute an infringement of
such copyright and other intellectual property rights;
save that you may use the materials or any component
thereof for your own internal purposes and for the
purposes of ordering products from Golden Barley Garden
Furniture Trading as HomeGarden.co.za. The trademarks,
names, logos and service marks displayed on this website
are registered and unregistered trademarks of Golden
Barley Garden Furniture Trading as HomeGarden.co.za.
Nothing contained on this website should be construed as
granting any licence or right to use any trademark without
the prior written permission of Golden Barley Garden
Furniture Trading as HomeGarden.co.za.
11.
External links
External links may be provided for your convenience, but
they are beyond the control of Golden Barley Garden
Furniture Trading as HomeGarden.co.za and no
representation is made as to their content. Use or
reliance on any external links provided is at your own
risk. When visiting external links you must refer to the
external terms and conditions of use. You may not link to
this website, in any manner, or frame any content of this
website in any other manner or otherwise use the content
without the express prior written permission of Golden
Barley Garden Furniture Trading as HomeGarden.co.za
12.
Unlawful use
You shall not use the website to send or post any message
or material that is unlawful, harassing, defamatory,
abusive, indecent, threatening, harmful, vulgar, obscene,
sexually orientated, racially offensive, profane,
pornographic or violates any applicable law and you hereby
indemnify Golden Barley Garden Furniture Trading as
HomeGarden.co.za against any loss, liability, damage or
expense of whatever nature which Golden Barley Garden
Furniture Trading as HomeGarden.co.za or any third party
may suffer which is caused by or attributable to, whether
directly or indirectly, your use of the website to send or
post any message or material as aforesaid.
13.
Warranties, Disclaimers and Limitation of Liability
1. Save as set out in the terms, Golden Barley Garden
Furniture Trading as HomeGarden.co.za makes no warranties,
representations, statements or guarantees (whether
express, or implied in law or residual) regarding the
website and the products and the website and products made
available via the website are provided.
2. Neither Golden Barley Garden Furniture Trading as
HomeGarden.co.za or its directors shall be responsible for
and disclaims all liability for any loss, liability,
damage (whether direct, indirect or consequential) and/or
expense of any nature whatsoever which may be suffered by
you or any third party, as a result of or which may be
attributable, directly or indirectly, to your access and
use of the website and/or any information contained on or
via the website and/or your use of the products. Without
limiting the generality of the aforegoing, neither Golden
Barley Garden Furniture Trading as HomeGarden.co.za nor
its directors shall be liable for any failure and/or
unavailability of the website for any reason whatever
and/or the failure/delay by any third party service
provider to render any service which are necessary to
ensure the availability of the website. You hereby
indemnify Golden Barley Garden Furniture Trading as
HomeGarden.co.za or its directors against any loss,
liability, damage (whether direct or consequential) or
expense of any nature whatsoever which may be suffered by
you or any third party as a result of or which may be
attributable directly or indirectly to the aforesaid.
Notwithstanding anything to the contrary contained herein,
Golden Barley Garden Furniture Trading as HomeGarden.co.za
shall not be liable for any direct, indirect, contingent
or consequential loss (including but not limited to loss
of business, loss of data and/or loss of profits) incurred
or sustained by you or any third party howsoever arising
in respect of your use of or reliance of any information
offered on or via the website and/or your use of the
products.
Without limiting the generality of the a foregoing,
Golden Barley Garden Furniture Trading as HomeGarden.co.za
shall not be liable to you or any third party for any loss
or damage of whatsoever nature in the event that you
request that an order be stopped or cancelled.
3. By accessing the website, you warrant and represent to
Golden Barley Garden Furniture Trading as HomeGarden.co.za
that you are legally entitled to do so to purchase any of
the products offered for sale via the website. You further
warrant that all the details you have given are true and
complete and that you are legally capable of concluding
this transaction. If you are younger than 21 years of age
you warrant that you have the consent of your legal
guardian to enter into this agreement with Golden Barley
Garden Furniture Trading as HomeGarden.co.za or that you
have obtained legal status in another manner.
4. We may in our sole discretion at any time suspend or
terminate the operation of this website without prior
notice to you and without the need to give you reasons for
such termination.
14. Use
of the Website
Golden Barley Garden Furniture Trading as
HomeGarden.co.za does not make any warranty or
representation that information and products advertised on
the website are appropriate for use in any jurisdiction.
By accessing the website, you warrant and represent to
Golden Barley Garden Furniture Trading as HomeGarden.co.za
that you are legally entitled to do so and to make use of
information and purchase the products made available via
the website.
15.
Address for Service
16.1 The address for service for all purposes relating to
these terms of use including the giving of any notice, the
payment of any sum, the serving of any process, is the
address set out in 8.2 and the fax number set out in 8.3.
16.2 Golden Barley Garden Furniture Trading as
HomeGarden.co.za Traders shall be entitled from time to
time, by giving notice to you to vary its physical address
for service to any other physical address within the
Republic of South Africa, and to vary its facsimile
address for service to any other facsimile number.
16.
General
1. Without detracting from the provisions of your account
terms and conditions, the terms constitute the sole record
of the agreement between you and Golden Barley Garden
Furniture Trading as HomeGarden.co.za in relation to your
use of this Website. No indulgence or extension of time
which either you or Golden Barley Garden Furniture Trading
as HomeGarden.co.za may grant to the other will constitute
a waiver of or, whether by estoppel or otherwise, limit
any of the existing or future rights of the grantor in
terms hereof, save in the event or to the extent that the
grantor has signed a written document expressly waiving or
limiting such rights.
2.Golden Barley Garden Furniture Trading as
HomeGarden.co.za shall be entitled to cede, assign and
delegate all or any of its rights and obligations in terms
of these terms.
3.All provisions of these terms and conditions are,
notwithstanding the manner in which they have been grouped
together or linked grammatically, severable from each
other. Any provision of these terms and conditions which
is or becomes unenforceable in any jurisdiction, whether
due to voidness, invalidity, illegality, unlawfulness or
for any reason whatever, shall, in such jurisdiction only
and only to the extent that it is so unenforceable, be
treated as pro non scripto and the remaining provisions of
these terms and conditions shall remain in full force and
effect.
4.Should Golden Barley Garden Furniture Trading as
HomeGarden.co.za be prevented from fulfilling any of its
obligations to you as a result of any event of force
majeure, then those obligations shall be deemed to have
been suspended to the extent that and for as long as
Golden Barley Garden Furniture Trading as HomeGarden.co.za
is so prevented from fulfilling them and your
corresponding obligations shall be suspended to the
corresponding event. In the event that force majeure
continues for more than fourteen days after it has first
occurred then Golden Barley Garden Furniture Trading as
HomeGarden.co.za s shall be entitled (but not obliged) to
terminate all of its rights and obligations in terms of or
arising out of these terms by giving notice to you. An
event of force majeure shall mean any event or
circumstance whatsoever which is not within the reasonable
control of including, without limitation, vis major, casus
fortuitus, any act of God, strike, theft, riots,
explosion, insurrection or other similar disorder, war
(whether declared or not) or military operations, the
downtime of any external telecommunications line, power
failure, international restrictions, any requirement or
any international authority, any requirement of any
government or other competent local authority, any court
order, export control or shortage or transport facilities.
5.These terms shall be governed by and construed in
accordance with the laws of the Republic of South Africa
without giving effect to any principles of conflict of
law. You hereby consent to exclusive jurisdiction of the
High Court of South Africa in respect of any disputes
arising in connection with the services referred to
herein, or the terms or any matter related to or in
connection therewith.
6.For purposes of calculating any time periods GMT +2
shall be used.
7.Your terms and conditions shall apply to all
transactions you conclude via this website.
8.A certificate issued by an administrator of this
website shall constitute prima facie proof of any fact
related to this website, including but not limited to
which version of the terms and conditions govern a
particular dispute and what content was published or
functionality was available on the website at a specific
point in time.
9.The deeming provisions of the ECT Act are excluded to
the extent that no message shall be deemed to have been
received by us unless we acknowledge receipt thereof in
writing. This does not detract from the fact that if you
submit an order more than once you may have concluded a
double transaction for which you will be liable and that a
transaction will only be deemed to have been concluded
between you and Golden Barley Garden Furniture Trading as
HomeGarden.co.za on delivery/collection of the product or
service.
10.All products are made in South Africa, All trademarks,
service marks and logos are owned by or registered to
HomeGarden.co.za, All other product or brand names are
trademarks of their respective owners. Company Logo and
All Products are Registered with International Trademark,
Patented, Copyright Reserved. Golden Barley and the Golden
Barley logo are trademarks of Golden Barley Inc. Other
trademarks and trade names are the property of their
respective owners and Golden Barley disclaims proprietary
interest in the marks and names of others. Offer valid for
South Africa customers only. All orders subject to
acceptance by Golden Barley. Subject to availability,
prices and specifications are correct at date of
publication and may change without notice. All prices and
specifications are subject to change without notice. All
orders are subject to Terms & Conditions. For security
reasons your IP address has been recorded |
HomeGarden.co.za is a trademark of the SDG Group of
companies
All orders subject
to acceptance by Golden Barley. Subject to availability,
and specifications are correct at date of publication and
may change without notice.
All prices, specifications, delivery costs, special
offers, discount vouchers, are
subject to change without notice.
All orders are
subject to Terms & Conditions.
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