Terms and Conditions

Introduction

  1. This website can be accessed at www.homeserveonline.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Homeserve PTY LTD.
  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 (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  4. The Website enables you to shop online for an extensive range of goods  (“Goods”).
  5. Homeserve-online allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Homeserve-online will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Homeserve-Online. This will be made clear in the relevant clause.

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 Homeserve-Online or a third party; and/or
    • may create risk or liability for the user; and/or
    • may compel the user to indemnify Homeserve-Online or a third party; and/or
    • serves as an acknowledgement, by the user, of a fact.
  3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Homeserve-Online to explain it to you before you accept the Terms and Conditions or continue using the Website.
  5. 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 Homeserve-Online in terms of the CPA.

Homeserve-Online 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.

Registration and use of the website

  1. Registered users and visitors may order Goods on the Website.
  2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Homeserve-Online
  3. You will need to use your unique username and password to access the Website in order to purchase Goods.
  4. You agree and warrant that your username and password shall:
    • be used for personal use only; and
    • not be disclosed by you to any third party.
  5. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
  6. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
  7. You agree to notify Homeserve-Online immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
  8. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
  9. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Homeserve-online representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  10. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  11. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Homeserve-online representative.

Conclusion of sales and availability of stock

  1. Registered users may place orders for Goods, which Homeserve-online or the Third Party Seller may accept or reject. Whether or not Homeserve-online or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Homeserve-online for the Goods.
  2. NOTE: Homeserve-online or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Homeserve-online or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Homeserve-online stating that your order or payment has been confirmed. Homeserve-online will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
  4. Placing Goods in the shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold Homeserve-online or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
  5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Homeserve-online,  Homeserve-online will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Homeserve-online will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
  6. In the case of Goods for sale by a Third Party Seller, Homeserve-online relies on inventory information supplied by the relevant Third Party Seller and Homeserve-online accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
  7. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
  8. All payment will be via PAYFAST https://www.payfast.co.za/user/register/
  9. Delivery of goods

    Homeserve-online offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

    • courier; or
    • self-collection.

    Our delivery charges are subject to change at any time, without prior notice to you, so please check the website for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
    Where it accepts your order, Homeserve-online or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

    Homeserve-online’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order

    Homeserve-online is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

  10. Errors
    • 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 Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy
    • Homeserve-online shall not be bound by any incorrect information regarding our products displayed on any third party websites
  11. Coupons
    • There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
    • Coupons are issued in Homeserve-online’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
    • As a general rule, and unless specified otherwise on the specific Coupon itself:
      • each Coupon can only be used once;
      • only one Coupon can be used per order;
      • only one Coupon can be used on the Website per person per promotion/campaign;
      • Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
      • where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
      • a Coupon must be used at check-out – it cannot be used later on existing orders; and
      • the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
    • Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Homeserve-online is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
    • If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Coupon is still valid.  If Homeserve-online confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
    • Privacy policy
    • We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    • 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 –
      • your name and surname;
      • your email address;
      • your physical address;
      • your mobile number; and
    • 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.
    • 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.
    • Subject to clause 14.6 below, we will not, without your express consent:
    • use your personal information for any purpose other than as set out below:
      • in relation to the ordering, sale and delivery of Goods;
      • to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
      • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
      • 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
    • disclose your personal information to any third party other than as set out below:
    • 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;
    • to our divisions 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);
    • 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;
    • 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;
    • to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
    • to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 13 above).
    • 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, Homeserve-online 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.
    • We will ensure that all of our employees, third party service providers, divisions 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.
  12. Changes to these Terms and Conditions
    • Homeserve-online may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    • Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  13. Ownership and copyright
    • The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Takealot, its advertisers and/or sponsors and/or is licensed to Homeserve-online
    • You will not acquire any right, title or interest in or to the Website or the Website Content.
    • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our web page
    • Where any of the Website Content has been licensed to Homeserve-online or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  14. Disclaimer
    • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    • Whilst Homeserve-online takes reasonable measures to ensure that the content of the Website is accurate and complete, Homeserve-online 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 homeserve-online’s representatives, Homeserve-online shall not be bound thereby.
    • Homeserve-online disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    • Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    • Any views or statements made or expressed on the Website are not necessarily the views of Homeserve-online, its directors, employees and/or agents.
    • In addition to the disclaimers contained elsewhere in these Terms and Conditions, Homeserve-online 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 Homeserve-online, its employees, agents or authorised representatives. Homeserve-online 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.
  15. Limitation of liability
    • Homeserve-online 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 Homeserve-online, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our website
    • HOMESERVE-ONLINE 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.
    • YOU HEREBY INDEMNIFY HOMESERVE-ONLINE 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.
  16. Availability and termination
    • We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    • Homeserve-online may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Homeserve-online will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    • If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    • Homeserve-online 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 Homeserve-online 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 Homeserve-online, in whole or in part, on notice to you. Homeserve-online shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    • At any time, you can choose to stop using the Website, with or without notice to Homeserve-online
  17. Governing law and jurisdiction 
    • These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    • In the event of any dispute arising between you and Homeserve-online, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    • Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
 

Returns Policy

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it, or credit your account, subject to the below terms. This Policy applies to products bought from Homeserve-online itself and from Third Party Sellers.

This Policy forms part of the Homeserve-online’s Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

Preparing your products for a return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

  • package your products safely and securely for protection during transit;
  • clearly mark your return reference number on the outside of the parcel; and
  • include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether

Not what you ordered?

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in section 2 below. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

2: Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by contacting us at [email protected] using your order number as reference.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

3: Defective products

We do our best to ensure that the products we deliver to you are of a high quality,  and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. 

The following will NOT be regarded as defects and will not entitle you to a return under this section 3:

  • faults resulting from normal wear and tear;
  • damage arising from negligence, user abuse or incorrect usage of the product;
  • damage arising from electrical surges or sea air corrosion;
  • damage arising from a failure to adequately care for the product;
  • damage arising from unauthorized alterations to the product;
  • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.

Standard Warranty

If you have received a product which turns out to be defective or otherwise of poor quality (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 months after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).

You can do so by logging a return at [email protected], and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund. If we find that the product is not faulty, a call out fee will be charged.

Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 6 month period. The manufactures warranty will then apply.

Extended Supplier Warranty (stipulated on product page)

A product may have a supplier warranty that extends beyond the 6 month Standard Warranty. If such a product turns out to be defective more than 6 months after delivery / collection (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.

Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Homeserve-online is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer.

PLEASE NOTE: Unboxed Deals do not have extended supplier warranties and this will be made clear on the product description page.

Direct Warranty (stipulated on product page)

A direct warranty product is a product for which the relevant manufacturer wishes to manage defective returns itself, directly with the customer, and not through Homeserve-online.

If a direct warranty product turns out to be defective or otherwise of poor quality, please notify us and we will provide you with the relevant manufacturer’s contact details. Alternatively, you can notify the relevant manufacturer directly if you already have its details. The relevant manufacturer will then assist you further, but if you have any difficulty, please let us know and we will be happy to assist you where we can.

Other than this, the same limits and general principles of the standard warranty and extended supplier warranty apply to direct warranty products.

Charges and refunds

If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.

If you return a product that does not comply with this Policy, you may be liable to reimburse Homeserve-online for the cost of collecting the product from you and the cost of having the product returned to you.

Under no circumstances will donations be refunded.

Please note that we only refund to the payment method that you originally used.