Terms of use: Smeg South Africa (Pty) Ltd Online

Website Terms of Use for www.sicilyismylove.co.za

Version 1.0

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Introduction and Website

This website can be accessed at www.sicilyismylove.com, related mobile sites and/or mobile applications and/or software applications (“the Website”). The Website is owned and operated by Smeg South Africa (Proprietary) Limited (“Smeg”, “us”, “we” and “our”).

These are the general Terms and Conditions that govern the relationship between you (the website visitor and/or user and/or consumer) and us.  The Terms and Conditions set out in this document titled Terms and Conditions are applicable and govern, but not limited to, the ordering, sale and delivery of Good/s as well as the use and access of the Website.

The Terms and Conditions are legally binding and enforceable against every person that uses and/or accesses the Website including every person who registers to use the Website. By using and/or accessing and/or registering to use the Website, it is deemed that you have agreed to comply and be bound by all the  Terms and Conditions (including any amendments made from time to time) unconditionally and that you have read all the Terms and Conditions (including any amendments made from time to time)  contained herein .

The Website enables every person that uses and/or accesses it and/or registers to use the Website, to shop online for a range of kitchen appliances including, toasters, kettles, refrigerators, mixers, blenders, gas ovens and much more (“the Good/s”).

Applicability

The Terms and Conditions contained in this document apply to any person who uses and/or accesses the Website who are consumers as defined in the Consumer Protection Act, 68 of 2008 (“the Act”).

It is your responsibility to ensure that you understand the Terms and Conditions of this document and that you understand and are aware of the implications. If you do not understand any Term and Condition (including any change made from time to time), it is your responsibility to ask Smeg to explain it to you before you continue to use the Website and in doing so, accept and acknowledge that you understand the Terms and Conditions (including any amendments made from time to time) as set out in this document.

No Term or Condition contained in this document must be read or be interpreted to limit and/or contravene and/or restrict any right that is afforded to you or Smeg in terms of the Act.

By using and/or accessing and/or registering to use the Website, it is deemed that you have agreed to comply and be bound by all the  Terms and Conditions (including any amendments made from time to time) unconditionally and that you have read all the Terms and Conditions (including any amendments made from time to time)  contained herein .

You must not access and/or use and/or register to use the Website if you do not understand or do not agree with the Terms and Conditions (as amended from time to time) of this document. You can also address any complaints to reviews to the following email address  info@sicilyismylove.co.za and Smeg will endeavour to consider them as soon as reasonably possible.

We value your opinion and would appreciate it if you could submit any reviews to us so that we can constantly improve on our services and ensure that we provide the best and most efficient online service for your convenience and benefit at all times.

Legal Capacity

By using and/or accessing and/or registering to use the Website, you warrant that you are at least eighteen years of age and have full legal capacity. If you are under the age of eighteen, you may only use and/or access and/or register to use the Website if your parent/s or legal guardian supervises and provides the necessary consent for you to use the Website. Such legal guardian or parent/s will then be legally bound by the Terms and Conditions (including any amendments from time to time) contained herein and will be liable and responsible for you and your obligations in respect of these Terms and Conditions (including any amendments from time to time).

Registering to Use the Website

Should you choose to register to use the Website, you must provide the following information:

Once you have provided your login credentials and confirmed the registration of your account (“registered account”), you will need to use your correct details every time you want to order and/or purchase Good/s through your registered account. If the correct details are not entered (the details with which you registered to use the Website to enable you to order and/or purchase Good/s), you will be denied access to the Website to order and/or purchase Good/s through your registered account.

Once the correct details have been entered to use the Website to transact and you order and/or purchase Good/s, you will be liable for payment of the order, irrespective of whether the use of the correct details are authorised, unless the order is cancelled in accordance with the Terms and Conditions (including any amendments from time to time) contained herein.

It is your responsibility to immediately notify Smeg should you becoming aware, if you have any reason to believe and/or suspect that there has been any unauthorised access using your registered details, or there may potentially be any unauthorised access relating to your registered details. It is also your responsibility to ensure that, to the extent reasonably possible, you will endeavour to take any steps necessary to mitigate any loss and/or harm and/or damages that could be caused as a result of such unauthorised access including contacting Smeg immediately. For these purposes, please contact Smeg immediately on 0860 102 984 and address an email to the following email address  info@sicilyismylove.co.za.

Sale of Good/s and cancellation thereof

Smeg reserves the right not to accept any order that has been placed by a Registered user should the ordered Good/s not be readily available and in stock and until Smeg has received payment for the ordered Good/s. Should this be the case, Smeg will endeavour to reject your order as soon as reasonably possible thereafter, will cancel the order and will refund you any amount (if any) has already been paid to Smeg within 7 days of the rejection of the order.

Any sale or transaction will only be validly concluded once payment has been received by Smeg in full and the ordered Good/s have been delivered to the you or you have physically collected the ordered and paid for Good/s.

You are entitled to cancel the order at any time prior to delivery or collection of the Good/s provided that at such time you have not yet received a dispatch or delivery notice.

You are entitled to return the Good/s once they have been delivered and/or collected in accordance with the provisions of the Returns and Refund Policy (including any amendments made thereto from time to time).

You understand and are aware that availability of Smeg Good/s are limited and that prices may vary without notice to you. Smeg will reasonably endeavour to ensure that if there is not stock that the Good/s will be discontinued on the Website.

If you have already placed an order for a Good/s that are no longer available, we will notify you thereof and will refund you if any payment has been effected in respect thereof within 7 Business Days of the notice of the unavailability of the stock.

Goods may not be purchased for re-sale. Should Smeg suspect that any Goods are being purchased for resale purposes, we are entitled to cancel your order immediately and reserve the rights to take any further action in the circumstances.

Payment of Good/s

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

Payment can be made via debit card, credit card, direct bank deposit or electronic funds transfer.

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 Good/s.

Payment in respect of Good/s must be made at the time of placing the order of for the goods and no orders will be accepted until payment is made in full.

Delivery of Good/s

Please provide further details. Will the products be couriered? If so, will this be an extra fee? What are the conditions if the person elects to collect the Good/s? Is this option available? Will there be an option to purchase gift vouchers and if so, how do we intend on delivering them?

Returns / Refund Policy

Our Returns and Repairs Policy can be accessed and read online here. This policy is incorporated into these Terms and Conditions by way of reference and these Terms and Conditions should be read together with all other policies entirely including this one.

Updating of these Terms and Conditions

We may amend these Terms and Conditions in respect of the Website at our absolute discretion at any time.

It is your responsibility to regularly check the Website and familiarise yourself with any amendments to the Terms and Conditions, as the case may be. It is your responsibility to stop using and/or accessing and/or ordering any Good/s on the Website if you do not agree with any amendments.

Any amendment will only be enforceable and effective for any orders and/or purchases of Good/s immediately after such amendment has been made.

By using the website, it is deemed that you have agreed to the full terms and conditions including any amendments as set out in this clause, from time to time.

Copyright and Intellectual Property Rights

All rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of the Website will vest with Smeg, as the lawful owner thereof as the case may be) and any intellectual property, patent, copyright is the sole property of Smeg.

The contents of the Website, including any material, information, data, software, icons, text, graphics, Smeg logos, Smeg sub-logos, images, advertisements, designs, trade name, trademark which are displayed on the Website at any time are protected by law and is the property and owned by Smeg or the respective lawful owner.

You will not acquire any right, entitlement, interest or title in or to any of the Website content and/or material and/or information.

You are prohibited, unless prior written consent is obtained from Smeg, to modify, use, to make derivative works, rent, lease, loan, sell, assign, copy, reproduce, distribute or for any other commercial use, use any of the information and/or content and/or material on the Website.

If any of the information and/or material and/or content displayed on the Website is owned by another third party and/or licensor and/or any other lawful owner (as the case may be), the rights to use will be governed by any terms and conditions applicable to such third party and/or licensor and/or any other lawful owner and you are obliged to comply and adhere thereto.

You agree not to process, disseminate, divulge, monitor, distribute, copy, publish, print, post, modify or otherwise use the Website and/or any information contained therein unless the prior written consent has been obtained from an authorised Smeg representative in writing.

Limited License to General Users

We grant you, a non-exclusive, non-transferable, limited and revocable right to access and use the of the current and future Website content for personal, non-commercial and information purposes only.

We may terminate your account at any time for any reason. Your account is automatically terminated if you do not get our written permission before using the Website in a way that contravenes the Terms and Conditions contained herein.

We, reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

No Warranties and Limitation of liability

Although Good/s sold on the Website may be under warranty, Smeg does not provide any warranty with regards to the Website itself. The Website is provided “as is”.

Although Smeg will endeavour to make every effort to provide complete and accurate information, Smeg does not make any warranties, express or implied, or representations as to the accuracy of content on the Website. In this regard, Smeg does not give any express or implied warranty or make any representations or make any other promise about the quality, accuracy, completeness, reliability of any information and/or content and/or material on the Website.

We do not warrant that the Website is of good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that the Website it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.

By using and/or accessing and/or registering to use the Website, you have agreed to do so at your own risk and assume full responsibility for any risk or loss resulting from the use of the Website.

Smeg will not be liable for any damage, loss, expenses or harm, whether direct or indirect, consequential in nature or not, arising out of or in connection with any access and/or use of the Website and/or any content therein and/or any unlawful activity on the Website and/or any unauthorised use on the Website unless otherwise provided for in law.

You hereby indemnify Smeg for any and all damage, loss, expense or harm, of whatsoever nature that you may suffer as a result of the Website.

We will do our best to fix any fault in the Website as soon as reasonably possible after we become aware thereof.

This is the limit of our responsibility and liability for any fault in the Website.

Privacy

Please see our Privacy Policy for more information on using this website and cookies. This policy is incorporated into these Terms and Conditions by way of reference and these Terms and Conditions should be read together with all other policies entirely including this one.

Governing Law and Jurisdiction

The laws of the Republic of South Africa will govern any transaction and/or relationship and/or dispute and/or interpretation of the Terms and Conditions contained herein.

By using the Website and agreeing to the Terms and Conditions contained herein, you hereby consent to the jurisdiction of  the Johannesburg, Gauteng Local Division High Court of South Africa in the event that a dispute arises.

It is illegal to access the Website from territories or countries where the content or purchase of the products sold on the Website is prohibited.

You may not use the Website in violation of South African export laws and regulations. If you access this website from locations outside of South Africa, you are responsible for compliance with all South African laws.

Contact information

This website is operated and owned by Smeg South Africa (Pty) Ltd based in South Africa trading as www.siciliyismylove.co.za and with registration number 1989/003698/07.

If you have any questions, queries or wish to request permission to use any part of this website, please contacting us by phone or email. ( insert contact details)

NOTICES AND DOMICILIA

Smeg South Africa (Pty) Ltd chooses its domicilia citandi et executandi at the following physical addresses for the purpose of the giving of any notice and/or the serving of any process in respect of any dispute arising out of these terms and conditions and accordingly any Good/s supplied by through the Website:

Bryanston Boulevard,
2985 William Nicol Dr,
Bryanston,
Sandton,
2191

General

These Terms and Conditions (including any amendments made from time to time) and any policies referred to herein shall constitute the full agreement between Smeg and you and will be binding on the parties. No other warranty or undertaking is valid, unless contained in these Terms and Conditions.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or Smeg to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, such term and/or condition will be deemed to be served from the agreement and the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which any party may show grant or allow to the other shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.