Privacy policy

The terms and conditions contained herein cover any use of www.homeandtrends.co.za (hereafter referred to as the website).

 

Please note that you will be required to accept all the terms of this policy when you order our goods or request our services. If you do not agree with anything in this policy, then you may not order our goods or request our services.

You may not access our website or order our goods or request our services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.

By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

You may only send us your own personal information or the information of another data subject where you have their permission to do so.

We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated.

If you do not agree with the changes, then you must forthwith stop using the website and our goods or services.

If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

Cookies

We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device.

These files serve several useful purposes for you, including:

  • granting you access to age restricted content;
  • tailoring our website’s functionality to you personally by letting us remember your preferences;
  • improving how our website performs;
  • allowing third parties to provide services to our website; and
  • helping us deliver targeted advertising where appropriate in compliance with the applicable laws.

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org.

You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.

We may use or process any goods or services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information.

We generally collect and process your personal information for various purposes, including:

  • goods or services purposes – such as collecting orders or requests for and providing our goods or services;
  • marketing purposes – such as pursuing lawful related marketing activities;
  • business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
  • legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

We may use your usage information for the purposes described above and to:

  • remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
  • monitor website usage metrics such as total number of visitors and pages accessed; and
  • track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

We may use your personal information to fulfil our obligations to you.

We may send administrative messages and email updates to you about the website. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.

Disclosure:

 

We may share your personal information with:

  • other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
  • an affiliate, in which case we will seek to require the affiliates to honour this privacy policy;
  • our goods or services providers under contract who help provide certain goods or services or help with parts of our business operations, including fraud prevention, bill collection, marketing, or technology services (our contracts dictate that these goods or services providers only use your information in connection with the goods or services they supply or services they perform for us and not for their own benefit);
  • credit bureaus to report account information, as permitted by law;
  • banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); 
  • our third party suppliers who provide us with their goods; and
  • other third parties who provide us with relevant services where appropriate (for example our couriers).

We may disclose your personal information as required by law or governmental audit.

We will not sell personal information.

No personal information will be disclosed to anyone except as provided in this privacy policy.

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws and with the terms and conditions of the Protection of Personal Information (POPI) ACT. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites.

 

Except as is provided to the contrary in this agreement, all rights, title, interest and ownership (including all rights under all copyright, patent and other intellectual property laws) and to this website are our sole property or vests in us or a third party licenser.

 

Our logo and sub logos, marks and trade names are our trademarks and no person may use them without our permission. Any other trademark or tradename that may appear on our marketing material is the property of “Madinat Jumeriah Investments (PTY) LTD”.

 

You accept that we provide the website as is. We do not give any expressed or implied warranty or make any other promise about this website save for as is contained in these terms and conditions. For example we do not warrant that it is fit for any particular purpose, entirely accurate, complete, up to date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content or that you will have quiet or uninterrupted use of it. Naturally we will use or best endeavours to avoid any of the scenarios contained in this paragraph but subject to the conditions specified in this clause.

 

Save where we have been grossly negligent, you indemnify (or promise to protect us) against any claim, demand, loss, damage, costs or liability (including reasonable attorneys fees) relating to your use of this website.

 

Notwithstanding the contents of the above, we agree that we will use our best endeavours to fix any fault in the website once same has been brought to our attention as soon as is reasonably practical.

You agree that South African laws and conditions (such as the time and date) govern the terms of your relationship with us in terms of this agreement. You agree that only South African Courts may decide on or Arbitrate on any dispute pertaining to the terms and conditions contained herein.

 

You accept that it is illegal to access the website from territories or countries where the content or purchase of the product sold on the website is prohibited.

 

You accept that you shall not use this website in violation of South African export laws and regulations. If you access this website from locations out of South Africa you are responsible for compliance with all local (South African) laws.

 

You agree that any term that is declared by a competent court to be invalid or illegal or cannot be enforced shall be regarded as being deleted but that the remaining terms and conditions contained herein will continue to be of full force and effect.

 

Section 44 of the Electronic Communications and Transactions Act may apply to your electronic transactions. If you qualify as a consumer under the ECT Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty. 'Cancel' means each party will be placed in the same position that they were in before the transaction took place. This means that you have to return a new, unused good, and we will refund the purchase price. Section 44 is only applicable if you are a natural person – in other words, a human being. You must also be the end user of the goods or service. The transaction must be an electronic transaction — a transaction concluded via (in whole or in part) the website, email, or SMS.

This cooling off period does not apply to goods made or altered to your specifications, or goods specially ordered from a foreign country.

You must return any goods in new condition with all original packaging and materials (including any accessories or parts). We will refund the purchase price of the goods within 15 days of the date of cancellation.

We want you to be happy with your purchase, and we understand if you suddenly have a change of heart. You may return products in their new, unopened condition within 7 days of delivery for a full refund. Please contact us for details regarding the return process.

We do our best to ensure the product information, availability, purchase price and associated delivery times and fees are accurately reflected on our site. Please notify us within 7 days if you have received an incorrect/faulty product failing which you agree that same will be deemed to have been received in good order and condition.

Should we accidentally deliver the wrong product to you or if the product is not as described on the website, or is missing any parts:

  • Please do not remove the product from its original packaging or any of the stickers or labels.
  • Notify us immediately and we will collect the product from you at no charge.

We will at your choosing:

  • deliver the correct item to you as soon as possible (if available); or
  • send you a voucher for the purchase price of the product; or
  • issue a refund (using the same method of payment you originally used for the purchase).
    • Please note that a refund is not available if the item was received as a gift.

If your goods arrive damaged, missing any parts or accessories, or inoperable, then we will do our best to resolve the issue. Please notify us within 7 days of receiving the product.

We will require the following information to assess where in the delivery process the damage may have occurred:

  • photograph of the outer box (including whether it has a Fragile sticker or not);
  • photograph of the inside of the box, including the inner packaging; and
  • photograph of the damaged item.

If necessary we will arrange collection of the product from you at no charge. Once we have inspected the product or photographs and validated your return (if needed), we will, according to your preference:

  • replace the product (if available); or
  • issue a refund voucher for the purchase price of the product or
  • issue a refund (using the same method of payment you originally used for the purchase).
    • Please note that a refund is not available if the item was received as a gift.

 

The returning product must be packed, in its original packaging, in another box with as much padding and protective packaging as possible so that it can travel safely back to us. Returns that are sent back otherwise will have a 10% repackaging fee levied against them. If the returning product has not been packaged properly and is damaged, then we simply cannot give you a refund. It is your responsibility to package the item correctly.

Refunds are handled within 8 to 10 working days of logging the return (refunds can take up to 3 working days to reflect in your account once processed due to banking timelines).

Replacements may take longer as these are dependent on availability.