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Terms and Conditions

 
Introduction
  1. This website can be accessed at www.queenslifestyle.co.za (the “Website”) and is owned and operated by Khaliphat Curtains CC, trading as Queens Lifestyle (“Queens Lifestyle”).

  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website, including without limitation each user who registers as contemplated below. By using the Website and by clicking on the “Join” button on the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

 

Important Notice
  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

  2. 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 Queens Lifestyle; and/or

    • may create risk or liability for the user; and/or

    • may compel the user to indemnify Queens Lifestyle; and/or

    • serves as an acknowledgement, by the user, of a fact.

  3. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Queens Lifestyle to explain it to you before you accept the Terms and Conditions or continue using the Website.

  4. 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 Queens Lifestyle in terms of the CPA.

  5. Queens Lifestyle 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.

 

Disclaimer
  1. 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.

  2. Whilst Queens Lifestyle takes reasonable measures to ensure that the content of the Website is accurate and complete, Queens Lifestyle 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 Queens Lifestyle representatives, Queens Lifestyle shall not be bound thereby.

  3. Queens Lifestyle 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.

  4. 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.

  5. Any views or statements made or expressed on the Website are not necessarily the views of Queens Lifestyle, its directors, employees and/or agents.

  6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Queens Lifestyle 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 Queens Lifestyle, its employees, agents or authorised representatives. Queens Lifestyle 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.

Linking to third party websites
  1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Queens Lifestyle is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

  2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

 

Limitation of liability
  1. Queens Lifestyle cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Queens Lifestyle, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.

  2. Queens Lifestyle shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

  3. You hereby indemnify Queens Lifestyle against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

 

Availability and termination
  1. 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.

  2. Queens Lifestyle may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Queens Lifestyle 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.

  3. 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.

  4. Queens Lifestyle 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 Queens Lifestyle 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 Queens Lifestyle, in whole or in part, on notice to you. Queens Lifestyle shall only be liable to refund monies already paid by you (see Queens Lifestyle 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.

  5. At any time, you can choose to stop using the Website

 

Privacy Policy
  1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

  2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

    1. your name and surname;

    2. your email address;

    3. your physical address;

    4. your gender;

    5. your mobile number; and

    6. your date of birth.

  3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

  4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

  5. Subject to clause 5.2.6 below, we will not, without your express consent:

    1. use your personal information for any purpose other than as set out below:

      1. in relation to the ordering, sale and delivery of Goods;

      2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

      3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

      4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

    2. disclose your personal information to any third party other than as set out below:

      1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

      2. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

      3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

      4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

      5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

      6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Queens Lifestyle is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

      7. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

 

Governing laws/Country of domicile 
Governing law and jurisdiction 
  1. 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.

  2. In the event of any dispute arising between you and Queens Lifestyle, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

  3. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

Notices
  1. Queens Lifestyle hereby selects Cnr Thabo Sehume and Helen Joseph as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Queens Lifestyle may change this address from time to time by updating these Terms and Conditions.

  2. 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 Queens Lifestyle not less than 14 days’ notice in writing.

  3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

    1. by hand will be deemed to have been received on the date of delivery;

    2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and

    3. by email will be deemed to have been 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.

 

Information
  1. For the purposes of the ECT Act, Queens Lifestyle information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

    1. Full name: Khaliphat Curtains CC trading as Queens Lifestyle 2002/009844/23

    2. Main business: Retailer

    3. Physical address for receipt of legal service (also postal and street address): Cnr Thabo Sehume and Helen Joseph Street, Pretoria

    4. Phone number: (012) 326 9301

    5. Email address: queensc@icon.co.za

    6. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000.

 

General
  1. Queens Lifestyle 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.

    1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

    2. Any failure on the part of you or Queens Lifestyle to enforce any right in terms hereof shall not constitute a waiver of that right.

    3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

    4. 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.

    5. 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.

    6. These Terms and Conditions contain the whole agreement between you and Queens Lifestyle and no other warranty or undertaking is valid, unless contained in this document.

 

Cancellation / Refund / Returns Policy
  1. To return any goods, a receipt/ till slip or gift receipt must be produced.

  2. Should you wish to exchange or return goods purchased within 7 days, we will exchange them or, if you are returning the goods, accept them and reverse the transaction and give you a refund in the form of a Gift card, provided that:

2.1 The goods have not been worn and/or unused with the original, sealed packaging and tags attached;

2.2 The goods are in a saleable condition;

2.3 For hygienic reasons, underwear, socks and earrings may not be returned or exchanged;

  1. Gift vouchers will not be refunded; and

3. Refund or exchange merchandise, appliances and electrical products

3.1. We will refund or exchange merchandise, appliances and electrical products provided that:

  • there is valid proof of purchase;

  • it is within 7 days of purchase;

  • it is in its original packaging or condition, i.e.

  • it is unused and the price tag is attached.

 

4.1 Appliances and electrical products will be repaired, replaced or refunded subject to the manufacturer / supplier warranties, provided that:

  • the product was used in accordance with the manufacturer’s terms of use and there is no evidence of structural damage or abuse;

  • the original components and accessories are also returned; and

  • the original plug has not been tampered with.

 

5. Order cancellations

5.1 Goods can only be returned in accordance with these Terms and the Returns Policy.

5.2 Queens Lifestyle will process any refunds within a reasonable time of agreeing to do so.

5.3 Credit card Refunds may take up to 14 – 21 working days.

5.4 If the original payment was made:

  1. on a credit card, refunds will be processed on the same card as the original payment was made.

5.5 If you are uncertain about any aspects relating to our Returns and exchanges Policy then contact our Customer Service team via phone 012 326 9301 or email queensc@icon.co.za

5.6 No refunds, returns or exchanges will be processed on custom made or custom ordered items

 

Errors
  1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the, 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 Returns Policy.

  • Queens Lifestyle shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

Transactional Currency (ZAR)

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