TERMS AND CONDITIONS – THE LANDING PLACE (PTY) LTD
- The Landing Place (Pty) Ltd website can be accessed at thelandingplace.co.za, (the “Website”) and is owned and operated by The Landing Place (Pty) Ltd. (“The Landing Place (Pty) Ltd”, “we”, “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
- 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 set out 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.
- The Website enables you to browse and buy online for a range of home décor goods. (“Goods”).
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
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 The Landing Place (Pty) Ltd; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify The Landing Place (Pty) Ltd; and/or
- serves as an acknowledgement, by the user, of a fact.
- The Landing Place (Pty) Terms and Conditions are important and should be wilfully noted.
- Full understanding of these Terms and Conditions remain your responsibility and if do not understand any of the provisions herein, it is your responsibility to ask The Landing Place (Pty) Ltd to explain it to you before you accept the Terms and Conditions or continue using the Website.
- 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 The Landing Place (Pty) Ltd in terms of the CPA.
- The Landing Place (Pty) Ltd 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.
- Please refer to our Returns Policy for more information about returning products (and related refunds, replacements). The Returns Policy forms part of this agreement by reference.
Registration and use of the website
- Only registered users may purchase Goods on the Website.
- For registration, you must provide a unique username and password and provide certain information and personal details to The Landing Place (Pty) Ltd. You will need to use your personalised username and password to access the Website in order to purchase Goods.
- 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.
- For security purposes you agree to enter accurate username and password particulars whenever accessing and ordering Goods, failing which access to the Website will be denied.
- You agree that, once the correct username and password relating to your account have been entered, you will be liable for payment of such order, regardless of whether the access is unauthorised or fraudulent, except where the order is cancelled by you in accordance with these Terms and Conditions.
- In the event that you suspect unauthorised or fraudulent use of your username and password to gain access to the Website, you agree to notify The Landing Place (Pty) Ltd immediately.
- 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, the Website may only be accessed 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.
- 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 The Landing Place (Pty) Ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way copy, publish or display, any information contained within the Website, unless prior written approval of the same has been given by The Landing Place (Pty) Ltd.
Conclusion of sales and availability of stock
- Only registered users may purchase and/or place orders for Goods, which The Landing Place (Pty) Ltd may accept or reject based on the availability of Goods, accuracy of information relating to the goods (including without limitation the price) and receipt of payment or payment authorisation by The Landing Place (Pty) Ltd for the Goods.
- NOTE: The Landing Place (Pty) Ltd will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and The Landing Place (Pty) Ltd come into effect (the “Sale”). This is regardless of any communication from The Landing Place (Pty) Ltd stating that your order or payment has been confirmed. The Landing Place (Pty) Ltd will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the Goods, you may return the Goods only in accordance with the Returns Policy.
- Placing Goods in your shopping basket without completing the purchase process does not constitute an order and 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 The Landing Place (Pty) Ltd liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase process at a later time.
- 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 The Landing Place (Pty) Ltd, The Landing Place (Pty) Ltd 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, The Landing Place (Pty) Ltd will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- 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.
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Whether the Goods are for sale by The Landing Place (Pty) Ltd or a Third Party Seller, payment can be made for Goods via -
- debit card;
- credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- Instant EFT;
- 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.
Delivery of goods
- The Landing Place (Pty) Ltd offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
- courier; or
- Our delivery charges are subject to change at any time, without prior notice to you. Applicable delivery charges will appear in your at check out.
- Where it accepts your order, The Landing Place (Pty) Ltd 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”). In the event that we are unable to delivery within the Delivery Period, you will be notified. Within 7 (seven) days of receiving such notification you are entitled to cancel your order for the Goods. Should you cancel your order, we will reimburse you for the purchase price of the Goods.
- The Landing Place (Pty) Ltd fulfils its obligation by delivering the Goods to your nominated physical address. The Landing Place (Pty) Ltd 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.
- The Landing Place (Pty) Ltd offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
- 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.
- The Landing Place (Pty) Ltd shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
Gift Vouchers and Coupons
- The Landing Place (Pty) Ltd may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons, promotional codes or discounts (“Coupons”) available for use on the Website towards the purchase of The Landing Place (Pty) Ltd Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
- Gift Vouchers that are purchased by registered users are valid for 1 year after Sale. In the event that a Gift Voucher is not redeemed within stated period of validity, it will expire.
- Gift Vouchers cannot be used to buy other Gift Vouchers, are not refundable for cash and do not accrue interest. Should the value of purchased Goods be in excess of the value of the Gift Voucher the difference can be made up by paying via one of our other payment methods.
- The Landing Place (Pty) Ltd is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
- There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
- Coupons are issued in The Landing Place (Pty) Ltd’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 R10 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. The Landing Place (Pty) Ltd 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 at email@example.com to confirm if the Coupon is still valid. If The Landing Place (Pty) Ltd 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.
- You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by The Landing Place (Pty) Ltd, before you are able to use a Coupon.
- Changes to these Terms and Conditions
11.1 The Landing Place (Pty) Ltd 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.
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 The Landing Place (Pty) Ltd, its advertisers and/or sponsors and/or is licensed to The Landing Place (Pty) Ltd.
- 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 firstname.lastname@example.org
- Where any of the Website Content has been licensed to The Landing Place (Pty) Ltd 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.
- 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 The Landing Place (Pty) Ltd takes reasonable measures to ensure that the content of the Website is accurate and complete, The Landing Place (Pty) Ltd 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 The Landing Place (Pty) Ltd’s representatives, The Landing Place (Pty) Ltd shall not be bound thereby.
- The Landing Place (Pty) Ltd 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 The Landing Place (Pty) Ltd, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Landing Place (Pty) Ltd 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 The Landing Place (Pty) Ltd, its employees, agents or authorised representatives. The Landing Place (Pty) Ltd 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
- 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 The Landing Place (Pty) Ltd is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- 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
- The Landing Place (Pty) Ltd 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 The Landing Place (Pty) Ltd, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email on email@example.com
- THE LANDING PLACE (PTY) LTD 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 THE LANDING PLACE (PTY) LTD 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
- All reasonable endeavours to maintain the availability of the Website will be incorporated, except during scheduled maintenance. We are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- The Landing Place (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that The Landing Place (Pty) Ltd 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.
- The Landing Place (Pty) Ltd 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 The Landing Place (Pty) Ltd 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 The Landing Place (Pty) Ltd, in whole or in part, on notice to you. The Landing Place (Pty) Ltd shall only be liable to refund monies already paid by you (see The Landing Place (Pty) Ltd’s 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.
- At any time, you can choose to stop using the Website, with or without notice to The Landing Place (Pty) Ltd.
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 The Landing Place (Pty) Ltd, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- 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.
- The Landing Place (Pty) Ltd hereby selects 135 Houtbaai Street, Culverwell Park, Elandshaven, Germiston, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). The Landing Place (Pty) Ltd may change this address from time to time by updating these Terms and Conditions.
- 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 The Landing Place (Pty) Ltd not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent -
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting, and
- 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.