Introduction
1.1 You are reading a legal document which is the agreement between you, the Customer, (referred to as “you” and “your”) and Lifestyle Home (Proprietary) Limited (referred to as “we”, ”us” and “our”); the owners and operators of this site.
1.2 This Website can be accessed at www.lifestyle-home.co.za (referred to as the ”Website”) and its Terms and Conditions (referred to as “Term and Conditions”) conduct the ordering, sale and delivery of Products and the use of the website.
1.3 This is a legal document and is legally binding and will be implemented against every person that accesses this Website; including users who have signed up using the method stipulated below. By making use of this Website and clicking the “Register” button on the website you acknowledge having read the Terms and Conditions and agree to be legally bound by this agreement.
1.4 Lifestyle Home enables you to shop online for an extensive range of curated goods including electronics, kitchenware, baby and toddler products, health and beauty, TV and home theatre, toys, appliances, pet supplies and more (referred to as “Goods”)
1.5 The website and our services are for non-commercial use, you warrant that this site is for personal use and not for business purposes. The site is accessed through the standard web and mobile browsers and similar applications. You warrant that no robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. Operators of public search engines may use these methods to copy materials from the Website to create publicly available searchable indices, not including caches or archives of such materials, in this instance it is permitted.
1.6 We reserve the right to prevent you from using the Site and the Services (or any part of them).
Important Notice
2.1 These Terms and Conditions apply to users of the Website for purposes of the Consumer Protection Act (CPA), 68 of 2008.
2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1 may limit the risk or liability of Lifestyle Home and/or
2.2.2 may create risk or liability for the customer; and/or
2.2.3 may compel the customer to compensate Lifestyle Home; and/or
2.2.4 serves as an acknowledgement, by the customer, of a fact.
2.3 Special attention needs to be drawn to the Terms and Conditions as they are significant and should be duly noted.
2.4 If you fail to fully understand any of the sections in this agreement, it is your responsibility to seek clarity from lifestyle-home to explain the Term and Conditions before you continue using the Website or agree to it.
2.5 Nothing in this agreement is intended to hinder or prohibit any right created for either you or Lifestyle Home in terms of the CPA.
2.6 Using this Website in any way will affirm that the legally binding Terms and Conditions for this Website have been accepted by you. Refrain from making use of this website if you do not agree to the Terms and Conditions.
Registration and Terms of Use
3.1 Goods on the Website may only be bought by registered customers. To meet the requirements of a registered customer, you will have to create a username and password and complete the sign up form by imparting some personal details to lifestyle-home. Your username and password will grant you access to the Website and allow you to order Goods.
3.2 If you register on the Website you will have to provide us with personal details which may include:
3.2.1 your name and surname;
3.2.2 your email address;
3.2.3 your physical address;
3.2.4 your gender;
3.2.5 your mobile number; and
3.2.6 your date of birth.
3.3 You acknowledge and permit that your username and password ought:
3.3.1 to be used for personal use only; and
3.3.2 not disclosed by you to any third party.
3.4 You will be liable for payment of an order made on your account, irrespective if the order was placed by the account holder or an unauthorised or fraudulent third party. You may cancel such an order as long it coincides with these Terms and Conditions.
3.5 Making use of the Lifestyle Home website declares that you are of legal age (eighteen) or older. If you are not of legal age, then you may use the Website under the supervision of your parent or legal guardian, who then becomes responsible for your commitments under these terms and conditions.
Pricing
4.1 All prices of products displayed on the Website are inclusive of the 15% VAT and do not include delivery costs. Shipping fees are charged separately and is calculated upon “Checkout”. An exception is made in the instance that the delivery is included as a benefit or incentive in the price of an item or promotional code.
4.2 Lifestyle Home is reliant on suppliers to provide accurate pricing and in the event that pricing errors occur on the Website, we cannot be liable to sell products at the erroneous price. We encourage you to notify us if there are any pricing errors on the Website, contact us urgently at help@lifestyle-home.co.za
4.3 Please note that we cannot be held liable for any erroneous pricing on the website or any of our marketing materials. Lifestyle Home shall not be bound by any incorrect information regarding our Goods displayed on our website – the amount displayed at checkout is liable to be paid by you.
Daily Deals
5.1 Periodically we may offer Goods at discounted prices as part of the Daily Deal. These offers will be subject to separate parameters which defines the scope of the deal and if you purchase a product within this scope will qualify for the deal price discount. Making a purchase that falls outside of the deal scope forfeits your eligibility for the deal price and you will then be required to pay the selling price as stipulated on the Website.
5.2 Please note the Daily Deals are limited and may expire after stock is depleted, thereafter specific Goods may be available on the Website for purchase at selling price and not deal price. The extent of the savings on the deal is at the full discretion of Lifestyle Home.
5.3 The List Price shown in respect of Today’s Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. In the instance where the supplier has not provided a retail price we will suggest an estimated retail price may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
Sales and Availability of Stock
6.1 Registered customers who place orders on the Website are subject to Lifestyle Home’s acceptance or rejection of the order. Orders may be rejected due to:
6.1.1 stock availability;
6.1.2 accurate Goods descriptions, which includes pricing and
6.1.3 validation of payment by lifestyle-home for the Goods.
6.2 The sale is only implemented when the Goods are delivered to you, irrespective of payment confirmation by Lifestyle Home. You may cancel your order at any time before receiving shipping information from couriers. After the Goods had been delivered, may you request a return in accordance with the Returns Policy and Guidelines
6.3 Placing an order for a television requires that we receive a valid TV licence number and an account holder ID prior to your checkout. Fail to provide these documents and we are unable to validate their authenticity, you will not be able to continue to payment for the item.
6.4 Adding Goods to your wishlist or cart and failing to complete payment does not qualify as a placement for an order for Goods. Please note that products in your cart could be subject to price could change or removed if stock has depleted unbeknownst to you. Lifestyle Home all is not liable for that has become unavailable due to depleted stock or price changes when you do complete payment.
6.5 All Goods stock is limited; Daily Deals Goods stock are on offer and pricing may change at anytime unbeknownst to you. To prevent unavailability of stock lifestyle-home will closely monitor stock levels and discontinue out of stock offers on the Website. In the event that stock becomes depleted after you have placed an order, lifestyle-home will notify you and you will be entitled to a refund of paid Goods.
Promotional Vouchers and Coupons
7.1 Promotional vouchers/coupons may not be transferred for cash, is limited to one customer per order and may not be redeemed concurrent with other promotional vouchers.
7.2 Lifestyle Home reserves the right to limit promotional vouchers/coupons this includes but is not limited to:
7.2.1 value of cart,
7.2.2 capped on discount value,
7.2.3 limited by category, brand, product or
7.2.4 number of offers
7.3 Lifestyle Home is fully entitled to terminate or expire promotional vouchers/coupons at anytime unbeknownst to you.
Payment
8.1 Lifestyle Home does not condone any fraudulent activities and is committed to supporting and providing secure online payment facilities. Lifestyle Home only accepts payments for Goods via:
8.1.1 debit card;
8.1.2 credit card: this payment method will require additional information; this extra step is taken to prevent any fraudulent activity. Until reception of this information and the validation thereof lifestyle-home is permitted restrict all processes affiliated with shipping and delivery. If we do not receive validation for your order amount the Goods will be cancelled. You permit that the credit card information is given for the payment of Goods and that the credit card has sufficient funds to finance costs related to the services used on the Website.
8.1.3 instant EFT
8.1.4 MasterPass
8.2 Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods
8.2 For information concerning the payment methods mentioned above refer to our Help Page.
8.4 You are entitled to a full record of your payment including email communications about your order and payment. You can request this via help@lifestyle-home.co.za
Goods Deliveries
9.1 We offer delivery of Goods to you via our courier service. Refer to our Help page for more information concerning shipping and delivery. Please note that delivery charges are subject to change unbeknownst to you and are calculated during in the “Checkout” process on the Website.
9.2 Lifestyle Home commits to delivering goods in the allocated timing stated in the specific product descriptions, in the event that delays occur during shipping, Goods will be delivered no later than 55-75 working days after the receipt of payment. If we are unable to deliver during the 55-75 working day period, you will be notified and thereafter entitled to cancel the Goods order. If you choose to cancel the order we will reimburse the full order amount within 7 working days.
9.3 Lifestyle Home agrees to deliver Goods products to the physical address submitted by you, and these obligations are fulfilled when order has arrived. Lifestyle Home cannot be held liable for any loss after it has been delivered to the physical address submitted by you.
Returns
10.1 For information regarding our returns and its processes refer to the Returns Policy; which is incorporated by reference into the Terms and Conditions.
The following process will occur if a refund is approved:
- Confirmation of refund
- Refund is processed in 7-14 working days
- Once the refund is made, a proof of refund will be made available to the customer.
Errors
11.1 Lifestyle Home thoroughly checks description, availability, pricing and delivery charges on the Website. However in the instance of errors on the Website we cannot be liable for:
11.1.1 any loss;
11.1.2 claim or expense relating to payment based on any error, excluding in the instance of an incorrect purchase price. Which will be reimbursed in any amount already paid or accordance with the Returns Policy.
11.1.3 incorrect information due to human error.
Privacy Policy
12.1 We are committed to protecting and upholding your personal privacy and warrant any registered customer to refrain from impersonating or misrepresenting a person or entity or distorting their affiliation with anyone or anything.
12.2 lifestyle-home does not rent or sell personal information and will only processes personal details relating to the services affiliated with our Website, such as:
12.2.1 in relation to ordering, shipping and delivery of Good;
12.2.2 as a means to distribute marketing material or
12.2.3 To improve your customer experience on the website by monitoring your browsing habits, or tracking your sales on the Website.
12.3 We may have to disclose your personal information to a third parties in the event:
12.3.1 third party service providers assist us with interacting with the Website;
12.3.2 third parties, such as law enforcement, government officials, fraud detection agencies, to report or support the investigations into alleged suspected illegal activity, or to investigate Terms and Conditions infringements.
12.4 We ensure that all lifestyle-home employees who have access to your personal information are bound by legal confidentiality agreement.
12.5 You warrant that when you rate or review a product on the Website, you agree to lifestyle-home using the rating or review without limitations. This includes the Website and extends to other additional marketing materials.
12.6 Please note that this Website makes use of “cookies” which automatically collect information and data through standard operation of internet servers. These small text files are used to track usage behaviour and compile aggregate data that allows the website operator to improve functionality of the website and its content. It also enables more focused advertising by way of third party tools. “Cookies” and the data it collects is not used to personally identify you, but if you do not want his type of information to be collected you must disable “cookies” in your browser. You warrant that the failure to disable cookies represents consent to our use of any information collected and are subjected to provisions in clause 12
12.7 You warrant, without limitation, to refrain from use or permit a third party to use the Website or services thereof:
12.7.1 to disseminate or receive any material, including user content, which are unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libelous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
12.7.2 to disseminate or receive any material, including user content, for which you have not received the required licences and/or approvals, or which encourages actions that could be considered a criminal offense, or violates the right of any third party in any country on the globe;
12.7.3 to disseminate or receive any material, that is considered technically harmful including but not limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment;
12.7.4 to interrupt or attempt to intercept any communication;
12.7.5 for any fraudulent intentions;
12.7.6 to disseminate or receive any material that may incite hate or be considered as hate speech against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
12.8 You are prohibited without limitation to engage in the following on the Website:
12.8.1 to partake or attempt to engage in any fraudulent activity including but not limited to, submitting false data concerning names, addresses and contact details and fraudulent use of credit/debit card numbers;
12.8.2 to partake in any form of network monitoring which retrieves or intercepts data that is not intended for you;
12.8.3 sending unsolicited mail messages, for any reason, including but no limited to junk mail, bulk mail, chain letters, pyramid schemes or malicious mail;
12.8.4 copy or use any user content for commercial purposes;
12.8.5 make use of the Website in any way that might be in breach of this agreement.
Revision of Terms and Conditions
13.1 These Terms and Conditions can change at any time unbeknownst to you, and it is your responsibility to timeously check the Website’s Terms and Conditions to remain abreast with all revisions. If you disagree with any of the points made , you should refrain from placing further orders on the Website.
Ownership and Copyright
14.1 Any material, data, icons, text, lay-outs, graphics, logo etc. displayed on this Website is the property of lifestyle-home, its advertisers and sponsors; and is protected under copyright and trademark laws.
Disclaimer
15.1 You warrant that the use of the Website is at your own risk, and are fully liable for any risk or loss resulting from the use of the Website.
15.2 We will not be held responsible for any damage, loss or expenses that may arise out of you accessing the Website or any content contained therein.
15.3 Any views or statements made or expressed on the Website are not necessarily the views of lifestyle-home, its employees and/or agents.
Limitation of Liability
16.1 We will not be held responsible for any inaccuracies or errors published on the Website. If there are any errors on the Website contact us urgently help@lifestyle-home.co.za
16.2 You then warrant to exonerate lifestyle-home against any loss, claim or damage which may be suffered personally or by a third party arising from your use of this Website.
Availability and Termination
17.1 We will ensure the availability of the Website, excluding scheduled maintenance periods, and are entitled to the termination of the Website without prior notice to you.
17.2 lifestyle-home is entitled to the suspension and/or termination of your account if:
17.2.1 you fail to comply with the Terms and Conditions, which includes and issues involving payment of the price of an order;
17.2.2 you are suspected of user fraud which includes but is not limited to: creating multiple users to misuse a promotion or coupon code intended of single use.
17.3 You are entitled to cease use of the Website at anytime without prior notice to lifestyle-home
Information
18.1 As per the ECT Act, the information that follows should be read in conjunction with the product descriptions and other terms and conditions available on the website:
18.1.1 Full name: Lifestyle and Co (Pty) Ltd trading as Lifestyle Home, a company registered in South Africa
18.1.2 Physical address (also postal and street address): Unit 207, 2nd Floor, 17 Queenspark Avenue, Saltriver, Cape Town, 7925
18.1.3 Email address: help@lifestyle-home.co.za | queries@lifestyle-home.co.za | orders@lifestyle-home.co.za