Terms of Use

TERMS AND CONDITIONS OF USE


SECTION 1 - INTRODUCTION
  1. Welcome to the “THE HOME” website at thehome.co.za (“Website”). Please take a moment to read these online shopping terms and conditions including our policies (collectively the “terms”) to understand how they apply to your use of our Website and any products or services that you may order online.

  2. These terms apply to all purchases made online from the Website. Please read these terms carefully and ensure you understand them. Use of and/or Registration on any aspect of the Website will constitute your agreement to comply with these terms.

  3. If you have any questions regarding our Website, the terms, products or services, please click here to contact us.


SECTION 2 - ONLINE REGISTRATION
  1. You must register with us before placing your first order online. Registration as a purchaser on the Website is free and does not oblige you to purchase anything. Please click on Register to register as a new customer.

  2. To register you will be required to provide certain personal information which is protected by our privacy policy. When registering with us you will be required to provide an email address and a password which will be used as your username for the Website. Please keep your password private as THE HOME accepts no liability for any damages suffered or losses incurred from the use or misuse of your account.

  3. You will be required to enter your email address and password each time you visit our Website. To amend any registration particulars please click on “My Account” where you can edit your details. In registering as a purchaser you are required to provide THE HOME with complete and accurate information about yourself. By doing so you warrant that the information provided is correct. Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your internet Service Provider, but it typically takes less than 10 (ten) minutes to receive the email confirmation. If you do not receive the email confirmation, you should contact our offices, the details of which are contained under contact information.


SECTION 3 - ORDERS
  1. As part of the registration process, you may be required to submit either your date of birth, or your South African ID Number. This is to verify that you are over the age of 18 years, which is a requirement to purchase from the Website.

  2. By submitting an order to buy products you:

    1. represent and warrant that you are over the age of 18 years;

    2. represent and warrant that you are authorised to make payment and that there are sufficient funds available with a credit card if you are paying via this mechanism;

    3. represent that, if paying via EFT, that you have followed the payment instructions provided by mygateTM;

    4. consent to us providing your personal information to our third party payment provider, namely mygateTM, which is necessary to enable us to perform our obligations in terms of this Agreement.

  3. In order to protect our interests as well as yours, we may scrutinize transactions to prevent fraud. A transaction may be refused if The Home is not satisfied that it is legitimate.

  4. No other method of payment, including gift vouchers, will be accepted by The Home in respect of the purchase of Products on the Website.

  5. It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for the purposes of intended use.


SECTION 4 - PRODUCTS IMAGES AND REPRESENTATION
  1. We have made every effort to display the Products on the Website as accurately as possible, including:

    1. The Images that represent a visual depiction of the product, features and descriptions that pertain to the product.

    2. The actual product delivered may be subject to variations in appearance, as a product packaging may differ over time. It remains the responsibility of the customer to ensure that the product ordered is correct, and the product description and/or model number will always overrule any related images when resolving a dispute about a product.

    3. As the actual colours you see will depend on your computer’s monitor we cannot guarantee that your monitor’s display of any colour will be accurate.

    4. The Customer is advised that slight shade variations exist between production batches of the same product. While every effort is made to group production batches in the same order, THE HOME cannot guarantee that orders placed for the same product will have no shade variation.

    5. THE HOME cannot accept any liability of any nature resulting from damages and/or injury incurred during the installation of products purchased by the Customer from THE HOME.


SECTION 5 - PRODUCT PRICING AND AVAILABILITY
  1. The product displayed on the Website is subject to availability and will be delivered within the Republic of South Africa only and within the areas as determined by THE HOME.

  2. Available delivery areas are identified at the checkout process when the delivery address is entered, and it remains the responsibility of the Customer to ensure the delivery address, including suburb and postal code, is correct.

  3. All Prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed.

  4. THE HOME reserves the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this Website without incurring any liability whatsoever.

  5. THE HOME cannot guarantee availability of stock but will endeavour to contact the customer based on the information provided at registration and offer either the option to cancel the order or reduce the quantities, where applicable. If we are unable to supply each and every item ordered or in the quantities ordered and cannot contact the customer, the customer nevertheless agrees to accept delivery and make payment for the items correctly delivered.

  6. You will be charged the prices that are reflected on the Website, subject to availability. The prices include Value Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.


SECTION 6 - OBVIOUS ERRORS
  1. No order will be accepted if we identify an inadvertent and obvious error in the prices of products or services or the description of any of our products or services or on the Website.


SECTION 7 - METHODS OF PAYMENT
  1. Prior to delivery or confirmation from us for collection of the products by you, we shall be entitled to debit the Credit/Debit Card supplied by you on acceptance of your order, should you be paying with a Credit/Debit Card.

  2. Should the customer pay for the products via EFT, the order will only be processed once we have received successful irrevocable confirmation of payment. THE HOME reserves the right to only process the order once the funds have irrevocably reflected in THE HOME’s bank account.


SECTION 8 - 3D SECURE
  1. When using your credit card for online shopping on the Website, we will attempt to use 3D Secure as an additional security measure if your issuing bank supports it.

  2. 3D Secure will authenticate your personal details and will authorise payment for online shopping. If your issuing bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to set it up.


SECTION 9 - CONFIRMATION OF ORDERS
  1. Orders placed online constitute your offer to purchase subject to these terms.

  2. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.


SECTION 10 - DELIVERY
  1. A delivery fee will be charged for each delivery order placed by you.

  2. THE HOME delivers from Monday to Friday, from 08h00 till 17h00. No deliveries will be done on Saturdays or Sundays, or any South African Public Holidays. Items are delivered in 2 (two) to 5 (five) working days if there are no unexpected delays.

  3. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically.

  4. THE HOME delivers to registered customers within certain specified delivery areas. The delivery charge will be calculated at checkout and is dependent on the delivery area.

  5. On Delivery of the Order to the specified delivery address, you will receive our delivery note showing the items delivered. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.

  6. Should no one be in attendance at the delivery address specified by you at the time of delivery, the driver will return the products and leave a notice at the delivery address to that effect. The courier company will attempt to contact you to make new arrangements for delivery. We reserve the right to charge an additional delivery fee should it be required under these circumstances.

  7. Our sole liability for failing to deliver the products timeously is limited to delivery being affected at a later agreed time at no additional charge.

  8. You are responsible to ensure that you or your authorised representative, who is a responsible person, is available to accept your purchase at the delivery address and that appropriate access will be made available.

  9. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt of the goods described thereon.

  10. We have outsourced all deliveries and accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the courier.

  11. The Customer warrants that adequate access to the premises exists to allow for the delivery of the product ordered. THE HOME will only deliver to the ground floor of the delivery address. It is the Customer's responsibility to move the product delivered to ground floor to Customer's required final location for the product.


SECTION 11 - DELIVERY CONFIRMATION
  1. On receipt of your order we will send you an email describing the products and services you have ordered.

  2. These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process.

  3. The contract between you and THE HOME will only be completed when we dispatch the products to you. Any products or services on the same order which have not been dispatched to you do not form part of that contract.

  4. Delivery dates are estimates only, and as we process your order we will inform you if any products or services on your order is or becomes unavailable or delayed for any reason.


SECTION 12 - ORDER TRACKING
  1. You can track the status of your order by logging into your account and clicking on “My Orders”.

  2. Once you have selected the order that you wish to track you will be able to see if your order has been received by THE HOME, if it has been delivered to you or if it has arrived at your chosen collect point.

  3. THE HOME will send you emails and/or SMS’s to advise you on the progress of your order.

  4. You can contact our call centre on +27 (0) 11 708 0418.


SECTION 13 - CANCELLATION
  1. If for any reason you would like to cancel an order, this may be done by contacting our Customer Services Centre on +27 (0) 11 708 0418.

  2. You will only be able to cancel orders up to midnight on the day prior to the date of delivery.

  3. We reserve the right not to refund the delivery in respect of any late cancellations.

  4. If you cancel your payment for any reason or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof.

  5. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of these terms and conditions.

  6. You may return a product, at your cost, to our supplier at 1 Elsecar Street, Kya Sands, Randburg, Gauteng, provided that you have the original invoice/proof of purchase and have complied with these terms and conditions.

  7. Goods sold by the THE HOME are sold voetstoots and are not returnable save with the consent of the Company. Should the THE HOME in its absolute discretion elect to accept the return of any goods, it will furnish the Customer with written notification and the goods must be made available immediately for collection by THE HOME from the Customer’s premises. Furthermore, the goods must be complete, clean, saleable and undamaged and the risk in the goods shall remain with the Customer until the THE HOME receives the goods. THE HOME reserves the right to levy a handling fee of 10% (ten percent) upon receipt of any such returned goods.

  8. THE HOME will only be obliged to accept return of goods in circumstances where such goods are defective or damaged or not in compliance with the Customer’s order. In this regard, unless the Customer notifies THE HOME in writing within seven (7) days of delivery of the goods that such goods are defective, short delivered, not in accordance with the order, damaged or that any other discrepancy exists in regards thereto, THE HOME will not be liable for any of the aforesaid discrepancies; provided that such notification shall have no other probative value. THE HOME, in its absolute discretion and once it has satisfied itself of the validity of the Customer’s complaint, will be entitled to repair or replace defective or damaged goods, or rectify the discrepancy, or credit the Customer’s account or refund the whole or part of the price paid to it by the Customer in respect of such goods


SECTION 14 - REFUNDS
  1. THE HOME will refund a purchase for the exact amount paid less the following:

    1. Any Delivery Costs already incurred by THE HOME

    2. Any re-stocking fee for special order.

    3. Any goods not returned to THE HOME as detailed in Section 13 above.

  2. Refunds will only be processed into the payment method that was used when the order was created, and into the account it was paid from e.g. Credit card, EFT.

  3. A refund can take up to 7 business days to reflect in your account and EFT Refunds are subject to verification of your banking details.


SECTION 15 - RISK AND OWNERSHIP
  1. Risk in the products shall pass to you by acceptance of the product by your authorized representative on delivery. We will retain ownership in the products until payment has been received in full.


SECTION 16 - WARRANTIES
  1. New goods are guaranteed by the manufacturer's product specific warranties only. All other guarantees including common law guarantees are hereby specifically excluded. Services carry no guarantee.

  2. THE HOME's liability in respect of the manufacturer's product specific warranty shall, at the sole discretion of THE HOME, be limited to the cost of repair or replacement of the faulty goods or the granting of a credit in respect of such faulty goods.

  3. No claim under this Agreement shall arise unless the Customer has, within 7 days of the alleged breach or defect occurring, given THE HOME 30 days written notice by prepaid registered post to rectify any defect or breach of the Agreement.

  4. All claims shall be supported by the original Tax Invoice with defects noted on the delivery note.

  5. All guarantees provided in respect of the goods are immediately null and void should any goods be tampered with or should the goods be used or stored outside the manufacturer's specifications.


SECTION 17 - INTELLECTUAL PROPERTY
  1. All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by THE HOME.

  2. Alternatively THE HOME is the lawful licensee thereof. Such rights are protected by both South African and International intellectual property laws.

  3. All data and information communicated to or from the Website and/or any Website information as well as the database is the sole property of THE HOME.


SECTION 18 - FORCE MAJEURE
  1. Any order placed by the Customer with THE HOME may be cancelled by THE HOME, without any right on the part of the Customer to claim damages or any other relief, where THE HOME is prevented or restricted directly or indirectly from carrying out its obligations under such order by reason of strike, lockout, fire, explosion, floods, drought, riot, war, accident, acts of God, embargo, legislation, civil commotion, unrest or disturbance, cessation of labour, government interference or control or any other cause or contingency beyond the control of THE HOME including but not limited to shortage or a breakdown in transportation facilities or inability to secure labour, power, materials or supplies.


SECTION 19 - COLLECTION OF COOKIES
  1. A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use our computer server. The cookies enable us to recognise about your previous visits.

  2. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our Website.

  3. The information that we collect and may share with our advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.