Terms and Conditions
Terms & Conditions
Introduction
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 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. The Website enables you to shop online for personally sourced Homeware and Décor items (“Goods”).
Important Notice
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 Blancanvas or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Blancanvas or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted. Blancanvas 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.
Returns
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Registration and use of the website
Registered and guest users may order Goods on the Website. To register as a user, you must provide a unique username and password and provide certain information and personal details to Blancanvas. You will need to use your unique 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 the correct username and password whenever ordering Goods, failing which you will be denied access to your profile. 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. 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. 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 Blancanvas 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 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 Blancanvas representative.
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Blancanvas may accept or reject. Whether or not Blancanvas 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 Blancanvas for the Goods. Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a receipt or delivery notice. After delivery of the Goods, you may return the Goods only in accordance with the Returns Policy. Placing Goods in a Wishlist or 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 Blancanvas 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. 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 Blancanvas, we 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, Blancanvas will notify you and you will be entitled to a full refund of any amount already paid by you for such Goods.
Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. Whether the Goods are for sale by Blancanvas, 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
The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference. We will send you email communications about your order and payment, and it will be accessible on your profile after you registered as a user on Blancanvas. Once you have selected your payment method (debit card, credit card or Instant EFT), you will be directed to a link to the secure Payfast site for payment of the applicable purchase price for the goods.
Delivery of goods
Blancanvas offers ONLY a courier service for delivery. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out. Where it accepts your order, Blancanvas will deliver the Goods to you as soon as reasonably possible, but no later than 21 (twenty one) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. Blancanvas’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for the delivery of the order. Blancanvas is not responsible for any loss or unauthorised use of the product, after it has delivered the product to the physical address nominated by you.
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.
Changes to Terms and Conditions
Blancanvas may, in its sole discretion, change the Terms and Conditions any time. It is your responsibility to regularly check the Terms and Conditions and make sure that you are satisfied with the changes. 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.
Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us, affiliates or partners, electronically in accordance with our privacy policy.
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 Blancanvas, its advertisers and/or sponsors and/or is licensed to Blancanvas. 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. Where any of the Website Content has been licensed to Blancanvas 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.
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 Blancanvas takes reasonable measures to ensure that the content of the Website is accurate and complete, Blancanvas 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 representatives of Blancanvas, Blancanvas shall not be bound thereby. Blancanvas 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 Blancanvas, its directors, employees and/or agents. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Blancanvas 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 Blancanvas, its employees, agents or authorised representatives. Blancanvas 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 Blancanvas is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
Limitation of liability
Blancanvas 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 Blancanvas, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Contact Page. Blancanvas 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
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 Blancanvas, 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.