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Terms & Conditions, Delivery & Returns

GARDENING.CO.ZA TERMS & CONDITIONS

INTRODUCTION
The following terms and conditions set out the basis on which all goods are sold by GARDENING.co.za a division of Virtual Ocean, owned by Move on up cc, of 462B Fleetwood Ave, Northriding AH, Northriding equestrian Estates, Northriding, Randburg, Gauteng, South Africa, garden@gardening.co.za, registered in South Africa in 2003 VAT No: 4110214386 (“We”, “Us”, “Our”), to the purchaser, (“You”, “Your”), from Our websites (“the Site”).

These terms and conditions, together with Our Privacy Policy and any order form or payment instructions comprise the whole agreement between You and Us in relation to each order that We accept from You.

All purchases of goods from the Site will be governed by these terms and conditions to the exclusion of any other terms.

By browsing the Site or submitting an order You agree to be bound by these terms and conditions.

By placing any order You acknowledge that You have not relied on any statement, warranty or representation other than those which are made in these terms and conditions, Our Privacy Policy, any order form or any payment instructions.

YOUR ACCOUNT

You accept that You are responsible for ensuring the accuracy of any information supplied by You. Failure to supply accurate, up to date personal information that results in a delay or non-delivery of Your order shall be entirely Your responsibility for which We accept no liability.

It is Your responsibility to take reasonable steps to protect Your account from unauthorised access and ensure that Your password is kept secure and confidential. Should You have reason to believe that Your password security or account has been compromised it is Your responsibility to inform Us immediately and take action to prevent further breaches via Your systems.

We reserve the right to edit or remove content from reviews, restrict or refuse access to, or terminate accounts and cancel pending orders at Our absolute discretion. Cancelled orders will not be charged.

ORDERS

When placing an order with Us, You are making an offer to purchase. We will send You an Order Confirmation email to acknowledge Your offer. Your offer is considered accepted by Us only when We despatch the goods and send You a Despatch Confirmation email. Any goods on the same order not despatched and confirmed in a Despatch Confirmation email do not form part of that contract.

We reserve the right to reject any offer at Our discretion at any time prior to acceptance. Rejected orders will be refunded in full or not charged.

Any advice or recommendation given by Us is followed or acted upon entirely at Your own risk.

The quantity, quality and description of any specifications for the goods shall be those set out in the Site. You should be aware that although all reasonable steps are taken to ensure accuracy of descriptions and images on the Site, We cannot guarantee accuracy.

We reserve the right to correct errors and omissions in any price or other information without any liability.

Goods on the Site may only be sold to persons aged 18 or over. In placing an order for any such goods, You represent and warrant that You are at least 18 years old. We reserve the right to refuse any order where satisfactory proof of age has not been provided.

It is Your responsibility to ensure that You hold any relevant qualifications from a recognised training organisation before purchase.

PAYMENT

For orders placed using a debit / credit card and though our payment gateways will charged once the order is placed. Orders cancelled prior to despatch will be refunded in full.

Failure to collect the funds successfully may result in delayed acceptance of Your order or cancellation.

Payments will show on Your statement as either “Virtual Ocean” or “Payfast / Virtual Ocean” or “our URL”

Your payment method will be debited in South African Rands.

We aim to protect legitimate payment card account holders from fraud and therefore will report to the relevant authorities any person using, or attempting to use, a payment method without apparent authority.

DELIVERY

Due to limited availability of some of the goods We sell, a particular item may be out of stock. We accept no liability for delays caused by goods being out of stock. If You have requested multiple shipments, We will debit the second and any subsequent shipment’s carriage charges from Your card.

Times to despatch shown on the website are an estimate only. We shall not be liable for delays caused by matters outside of Our control.

Delivery will be advised at the time of submitting Your order, but please allow up to 30 days for delivery. In stock items will generally be dispatched within 2 working days day, out of stock goods may take longer.

Any claim based on any defect in quantity, quality or condition of the goods must be notified to Us within ten days of delivery, after which You will be deemed to have accepted the goods.

The cost of delivery shipment will be displayed at the shopping basket and checkout prior to submitting Your order. The cost is dependent on destination country and service level selected. Not all services are available in all locations. We reserve the right not to ship to all countries/destinations.

Risk of damage to, or loss of, the goods shall pass to You at the point at which they are delivered to You.

For South African couriered consignments, We reserve the right to charge a R150 Redirection fee to any address other than the delivery address specified in Your order. If no South African delivery address is specified in Your order consignments will automatically be sent to the South African billing address.

We will provide You with an expected delivery date when We despatch Your order. It is Your responsibility to ensure that someone is available at the address to sign for the delivery should it be required. We accept no liability for delays in You receiving the order, due to no signature being available at the address provided. Expected date of delivery is estimated and may be subject to change due to adverse conditions.

NON-DELIVERY

In the unlikely event of non-delivery of Your order, You agree to undertake reasonable steps, as requested by Us in order to resolve the situation for You as quickly as possible. Steps may include, but are not limited to;

confirming with Your local delivery centre that no consignments are being held for You;

ensuring that someone is available to take delivery at the address provided, and

providing Us or Our delivery partners declaration of non-delivery upon request.

Although every effort will be made by Us to ensure that non-delivery, issues are resolved as quickly as possible,

Failure by You to complete and return declarations of non-delivery as requested by Us or Our partners that results in the rejection of Our compensation claim, will result in You being debited for the current retail value of the missing items.

It is Your responsibility to inform Us as soon as practicable (but no more than seven days), of subsequent delivery of goods previously refunded or replaced due to non-delivery.

Failure by You to return or make available for collection, goods previously refunded or replaced but subsequently delivered, will result in Your being debited for the current retail value of the items.

AVAILABILITY AND PRICING

All prices listed in Our catalogues or on the Site are subject to change without prior notice.

Although every effort is made by Us to ensure that the prices displayed in Our catalogues or on the Site are correct, mispricing can occur. Under these circumstances, We reserve the right, at Our discretion, either to contact You for instructions or cancel Your order and notify You accordingly.

We accept no liability whatsoever for delays as a result of stock level inaccuracies.

Where items are not in stock and a timescale for availability is provided, this timescale is an estimate, not a guarantee and should not be relied upon. We will notify You if items are subsequently delayed or unavailable from the supplier. We accept no liability for delays from Our suppliers.

CANCELLATION & YOUR RIGHT TO CANCEL

You may withdraw your offer to buy at any time prior to Us despatching Your goods, by contacting Us directly, or via Your account where You have set one up.

At the time the goods are despatched you are deemed to have entered into a contract and the cancellation period begins.

Under the South African Consumer protection act, customers have the right to cancel their contract within 14 calendar days without giving any reason.

COOLING OFF PERIOD

The cancellation period will expire after 14 calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

In cases where the items in your order are delivered separately, the cancellation period will expire after 14 calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

ADDRESS

To exercise the right to cancel under the Consumer Protection Act Regulations, you must inform Us of your decision to cancel this contract by a clear statement (e.g. a letter sent e-mail).

DEADLINE

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel, before the cancellation period has expired.

EFFECTS OF CANCELLATION

If you cancel this contract within the 14 days set out in the Consumer Protection Act Regulations, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising, if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (see ‘Consumers liability for diminished value of the goods’ section below).

We will make the reimbursement without undue delay, and not later than:

14 days after the day we receive back from you all goods supplied, or

(if earlier) 14 days after the day you provide evidence that you have returned all the goods, or

if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

CONSUMERS LIABILITY FOR DIMINISHED VALUE OF THE GOODS

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary, to establish the nature, characteristics and functioning of the goods.

You are permitted to inspect the goods in a way that would be possible in store. You may not use the goods in any other way, as such, all returned goods must be “as new” and complete with all manufacturer’s packaging and tags attached.

RETURN COST

You will have to bear the direct cost of returning the goods.

RETENTION OF REIMBURSEMENT

We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods (i.e. signed proof of delivery), whichever is the earliest.

RETURN OF GOODS

You shall send back all the goods, or hand them over to us without undue delay and in any event, not later than 14 calendar days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 calendar days has expired.

COMPENSATION IN THE CASE OF A SERVICE CONTRACT

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed, until you have communicated to Us Your cancellation of the contract, in comparison with the full coverage of the contract.

RETURNS

You may return Your order, or part thereof, for a refund for any reason for up to 28 days from the day of dispatch, provided that the returned items have not been used and are returned to Us “as new” with their original packaging and any tags attached, excluding gift cards and E-gift cards.

This facility is offered in addition to the right of EU customers to cancel their order within 14 days, as laid down in the Consumer Contracts Regulations 2013 (see Cancellation section) and may be withdrawn at any time at Our discretion without notice.

RETURN OF GOODS

You must notify us in writing of your intention to return the good within 14 day of the good being delivered and in said communication furnish us with the collection address for the goods.  

RETURN COST

We may from time to time, by way of a promotion and entirely at our own discretion, offer a free return facility in conjunction with some orders or goods. Where this facility has not been supplied, You will have to bear the direct cost of returning the goods.

EXCHANGES

Under this offer you have the option to request an exchange for an alternative variant option i.e. an alternative size or colour of the same item. Exchanges must be requested via e-mail and must be of equal value to the goods being returned.

Exchange requests for different items will be refunded and a new order placed. By requesting a different item You are authorising Us to use Your original payment information to process the new order.

REFUNDS

We will reimburse You the original purchase amount paid for the goods where you have requested a refund

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

FAULTY GOODS

Should You believe that any product You have purchased from Us is faulty, it is Your responsibility to contact Us as soon as reasonably practicable and give Us as much detail as You can. We will then assess the situation and determine the best course of action required, in order to resolve the situation for You as quickly as possible.

You agree to undertake reasonable steps as requested by Us, in order to resolve the situation. Steps may include, but are not limited to, providing Us with images of said fault by email, fax or post. Returning the item to Us or Our appointed expert, via Our appointed service, for assessment, and ensuring the availability of the item for collection by Our agents.

If any product that is purchased is faulty, We will exchange it for an identical replacement (where stock availability allows) free of charge, provided that the product is returned to Us with its original packaging and the fault is notified to Us. The provision of a replacement item is conditional on Our appointed expert first verifying the reported fault.

Where identical replacement stock is unavailable, We will reimburse You for the cost of the goods and in circumstances where the faulty good constitutes the entire order, we will also reimburse the outbound delivery costs.

PROPERTY

Property in the goods shall pass to You upon clearance of Your payment.

We own, or are licensed to use, all intellectual property rights (including copyright works and trade marks), embodied in all text, pictures and coding used in the Site and in Our promotional materials.

WARRANTIES AND LIABILITY

All goods supplied by Us conform to all relevant South African standards.

All claims under manufacturer's warranty should be addressed to the relevant manufacturer directly.

We undertake to ensure that all goods supplied by Us are ‘as described’, of ‘satisfactory quality’ and ‘fit for purpose’. In the unlikely event that an item fails to meet these standards, You have the right to ‘reject’ it for a full refund, provided this is done within a reasonable time frame. Outside a reasonable time frame, We have the right to repair or replace the item at Our absolute discretion.

To the extent permitted by law, We exclude all liability for the content of any websites which link into this site.

We will use all reasonable endeavours to ensure that the Site remains available at all times. However, We cannot guarantee that the Site will operate continuously or will be error free. We therefore cannot accept any liability for any failure or non-availability of the Site.

We do not accept, and hereby exclude to the fullest extent permissible under law, any liability for any loss of data, profit, revenue or business, or for any indirect or consequential loss or damage, however caused. Nothing in these terms and conditions shall be construed as excluding or limiting liability for death or personal injury caused by negligence or for fraud.

FURTHER INFORMATION

We confirm that We will not pass on any information relating to You or Your order(s)to any other company without Your prior consent. The information We have about You will be stored on computer and Your details will be automatically added to Our mailing list. If You do not wish Us to send to You any further offers or promotional materials, then You may set this preference in Your login profile at any time.

All sizes, dimensions and/or weights stated in this Site are approximate and do not take into account any packaging materials.

Due to the nature of differing hardware, monitors and graphic cards, any colours displayed on screen may not be the exact match of those of the product. Whilst We make every attempt to make sure they are accurate, different hardware configurations will show them slightly differently.

GENERAL

You are not entitled to assign or transfer any of Your rights or obligations under these terms and conditions.

If any provision, or any part of any provision, in these terms and conditions is held by any court of competent jurisdiction to be illegal, invalid, void or unenforceable for any reason than that provision, or part provision, shall be treated as having been deleted. The remainder of these terms and conditions shall continue to apply.

Neither You nor Us shall be liable for any failure to perform any obligation under these terms and conditions which is due to circumstances beyond Your or Our reasonable control.

The failure by You or Us to exercise or enforce any right or obligation under these terms and conditions, shall not be deemed to be a waiver of that right or obligation, nor shall it operate to bar the exercise or enforcement of it at any time or times thereafter.

PROTECTION OF PERSONAL INFORMATION ACT & REGULATIONS

We will endeavour to abide by the POPI act and all terms set out therein as new legislation become available.