Terms of Service

 

ETHOS-STORE’S TERMS AND CONDITIONS OF WEBSITE AND SERVICES USE

 

ES strives to make every customer interaction a professional one by ensuring that we fulfil our duties and obligations to all our valued customers. ES values transparency in all our operations and we would like to take this opportunity to share with you our Terms and Conditions of Website and Services Use.

By accessing or using ethos-store.co.za or any of its associated blogs or online platforms (“the Website”), owned and operated by Homestyle Textile Close Corporation trading as “Ethos-Store” (Registration Number: CK94/13537/23) (“ES”), you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“the Terms”). All rights in and to the content of the Website remain at all times expressly reserved by ES.

 

Please read these terms carefully before accessing or using the Website.

• The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever, including each user who registers as contemplated below. Accordingly, the terms “us”, “our” or “we” used refers to ES or its possession.
  
  
• Please use these hyperlinks to jump to specific important sections in these Terms: Privacy Policy terms
  
  
• Not all terms are defined in order.
  
  
• These Terms were last update on 25 November 2020.

 

1. INTRODUCTION AND THE SERVICES
   • ES provides an online information and shopping platform (“Store”) which enables users to find out more about ES and its products, as well purchase the high-quality, brand new products from ES (“Buyer/s”), who owns and sells the various products which are showcased on the Website from time to time (“Seller”).
     
     
   • In order to buy any ES products listed on the Website (“the Product/s”), users must successfully submit and register certain information on the Website.
     
     
   • Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon ES uploading the amended Terms to the Website. It is your responsibility to read these Terms periodically to ensure you are aware of, and understand, any changes. Please contact support@ethos-store.co.za for further information on any of the Terms.
     
     
   • Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence. You must not use this Website for any illegal activity or if you do not agree to the Terms.
     
     
   • By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.
     
     
2. USER REGISTRATION PROCESS FOR PURCHASES
   
   • In order to use certain features of the Website, such as making purchases, you must complete the registration process detailed on the Website. Each user agrees to provide accurate, current and complete information during the registration process.
     
     
   • By entering your personal information on the Website, ES is entitled to assume that the person using the Website is you. You are responsible for keeping your Website information safe and private, and any actions performed on the Website using your information will be assumed to be you, and hence, you should not share your log-in details or password with anyone.
     
     
   • You agree that, once your required information for an order has been entered and submitted as required to the Website, irrespective of whether the use of your information is unauthorised or fraudulent, you will be liable for payment of such order, except where the order is cancelled by you in accordance with the Terms.
     
     
   • You agree to notify ES immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your personal/Website information and to take steps to mitigate any resultant loss or harm.
     
     
   • ES may require you to submit your full name, physical and delivery address, e-mail address and phone number upon placing any orders for purchases on the Website.
     
     
   • By submitting your personal information to the Website, you expressly consent and opt-in to ES using this information as per our Privacy Policy terms.
     
     
3. CONCLUSION OF SALE
   • Registered users may place orders for any Product on the Website, which ES may accept or reject. Whether or not ES accepts an order depends on the availability of Product, correctness of the information relating to the Product (including without limitation the price or materials) and receipt of payment or payment authorisation by ES for the Products.
     
     
   • NOTE: ES will indicate the acceptance of your order by delivering the Product to you or allowing you to collect them, and only at that point will an agreement of sale between you and ES come into effect (the “Sale”). This is regardless of any communication from ES stating that your order or payment has been confirmed. ES will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
     
     
   • You may cancel an order at any time provided you do so before receiving receive an email from us saying that their order is being packed and getting ready for courier pick up from us. After delivery or your collection of the Product, you may return the Product only in accordance with the Cancellation, Shipping and Returns provisions below.
     
     
   • Placing Product in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Product, and as such, Product 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 ES liable if such Product is not available or is 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 Products on offer is limited and that pricing may change at any time without notice to you. ES 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 Product is no longer available after you have placed an order, ES will notify you and you will be entitled to a full refund of any amount already paid by you for such Product.
      
   • ES shall take all reasonable efforts to accurately reflect the description, availability, origin, composition, used materials, purchase price and delivery charges of our Products on the Website.
     However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence nor fraud), 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 Cancellation, Shipping and Returns Provision below.
     
     
   • ES may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the ES Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the ES Services or the fees applied to you.
     
     
4. PAYMENT METHOD
   • ES is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service providers.
     
     
   • When purchasing Product from ES and following the payment prompts when ordering Product, payment must be affected using our online authorised payment gateway provider PayGate, which allows you to pay using various payment methods (commonly debit and credit card, amongst others).
     
     • When making use of PayGate, users expressly understand and agree that they may be required to open a PayGate account, and/or be subject to PayGate’s own terms of service.
       
       
   • The Buyer must pay the full price of the Product in order to reserve and purchase the Product. All Products sold are final, subject to clause 5 Cancellation, Shipping and Returns.
     
     
   • All advertised prices for Products shall be exclusive of Value Added Tax (“VAT”), delivery charges and any other applicable taxes/fees, unless otherwise stated and required by law. Any such additional charges and VAT which will apply to a particular transaction, will be clearly indicated to you upon checking-out.
     
     
   • After finally placing an order, you will receive an automated response confirming your order, containing relevant order information and serving as an invoice for the relevant transaction. In addition, you may contact us via email at info@ethos-store.co.za to obtain a full record of your payment/s. We may also send you additional email communications about your order and payment where required.
     
     
5. CANCELLATIONS, SHIPPING AND RETURNS
   • Once a Product is purchased by a Buyer from the Store, ES will send an automated e-mail to the Buyer confirming the sale and address to which the Product must be delivered (as well as other pertinent applicable information).
     
     
   • The Product will be shipped with a tracking number within 10 (ten) working days to the address provided by the Buyer in the registration process. Shipping time and costs will vary depending on the location of the Buyer.
     
     
   • You may cancel an order at any time provided you do so before receiving receive an email from us saying that their order is being packed and getting ready for courier pick-up from us. If the order has not yet been processed, you will receive a full refund for the value of the amount paid. If your order has already been processed then our return provisions are applicable.
     
     
   • Please note that, unless agreed to otherwise with ES, custom made orders cannot be cancelled if manufacturing has already commenced and is not returnable unless shown to have manufacturing defects noted.
     
     
   • Should a Buyer wish to return the Product to ES for any reason, he/she may do so within seven (7) days from their receipt of the Product. The Buyer will be responsible for notifying ES of the Product’s impending return as well as for paying for all return shipping costs, to ensure the Product’s physical return to ES in its original, unsoiled condition and packaging. This condition is in addition to all other rights conferred on you by relevant consumer and online protection laws.
     
     
   • The shipping costs, including but not limited to any courier costs, export/import taxes/duties or release fees, are to be paid by the Buyer. Our delivery charges are subject to change at any time, without prior notice to you, so please check the Website for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out, which amount is based on various applicable considerations, such as the location of the Buyer.
     
     
   • ES’s obligation to deliver a Product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order, or when we deliver the Product to our nominated delivery service provider, accepted by you, who will deliver the Product to you. ES 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, or to our nominated delivery service provider, accepted by you.
     
     
   • For non-South African based Buyers of the Product where the Product will be delivered overseas, the Buyer is responsible for ensuring that the Product complies with all their own local laws when importing and possessing same in their jurisdiction. ES shall not be responsible for the Product’s compliance with any foreign laws, where the Buyer shall be liable for same upon the Product’s departure from South Africa.
     
     
   • A Buyer cannot return, or vary, any Product which has been purchased when it was subject to a sale or a sale’s-reduced price.
     
     
6. NATURE OF GOODS
   • Please keep in mind that some of our Products are handmade. Slight imperfections that do not compromise the aesthetics or functionality of the Product are normal. Every handmade item is intrinsically unique due to the handmade nature of the product, where certain features and idiosyncrasies present are not defects, but rather add to each Product’s uniqueness.
     
     
7. USER RESPONSIBILITIES AND WARRANTIES
   • By using the Website, you warrant that:
     • you have read and agreed to these Terms and will use the Website in accordance with them;
       
       
     • you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
       
       
     • you have the legal capacity to understand and be bound by the Terms and are the age of majority in your country of residence;
       
       
     • you will not post, upload, replicate or transmit any abusive content on or through the Website that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
       
       
     • you understand that when using the services of any third party connected to the Services that they may have their own terms and conditions of service for their services provided to you, and that you may be simultaneously bound by them (such as a payment provider);
       
       
     • you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
       
       
     • you will not infringe any third party or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute (see the Intellectual Property terms for more information);
       
       
     • you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services or devices; and/or
       
       
     • you will not facilitate or assist any third party to do any of the above.
       
       
   • The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
     
     
   • Without prejudice to any of ES’s other rights (whether at law or otherwise), ES reserves the right to deny you access to the Website where ES believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason in its sole discretion, where ES will provide notice to you.
     
     
   • ES does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
     
     
8. RECEIPT AND TRANSMISSION OF DATA MESSAGES
   • Data messages, including e-mail messages, sent by you to ES will be considered to be received only when acknowledged or responded to.
     
     
   • Data messages sent by ES to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
     
     
   • ES reserves the right not to respond to any communication, e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
     
     
   • Whilst all reasonable care is always used by ES, messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. ES is therefore not responsible for the accuracy of any message sent by email over the internet, whether from ES to a user or from a user to ES.
     
     
9. INTELLECTUAL PROPERTY
   • All Website content and material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website and/or any Product) together with the underlying software code of the Website (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by ES, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
     
     
   • Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website and of Product/s are expressly reserved by ES.
     You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website, of the Product/s or the underlying software code whether in whole or in part, without the written consent of ES first being granted, which consent may be refused at the discretion of ES.
     No modification of any intellectual property or editorial content or graphics is permitted.
     • For clarity, all rights to any intellectual property provided by a user to the Website will remain with the user, but for which the user has provided ES with a non-exclusive, non-transferable licence to use such user intellectual property as ES deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
       
       
   • Should you breach these provisions, ES and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
     
     
   • ES reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website will not be affected by such suspension or termination (as the case may be).
     
     
   • Where any of the Website and/or Product intellectual property has been licensed to ES or belongs to any third party, all 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.
     
     
   • Subject to adherence to the Terms, ES grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of ES.
     
     
   • Any enquiries regarding any of the above relating to intellectual property must be directed to ES at info@ethos-store.co.za.
     
     
10. ADVERTISING AND SPONSORSHIP
    • The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
      
      
    • ES, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
      
      
11. DISCLAIMERS AND INDEMNITIES
    
    

DISCLAIMERS

• The Website, including any intellectual property appearing therein, is provided "as is" and "as available". ES makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
  
  
• All information or opinions of users made available on the Website in relation to any of the services or Products are those of the authors and not ES. While ES makes every reasonable effort to present such information accurately and reliably on the Website, ES does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
  
  
• ES, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom.
  
  
• ES, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation of sales, the Product, access to, or use of, the Website in any manner.
  
  
• The Product is sold, packaged and dispatched in a state which ES warrants as being correct and compliant with the laws of South Africa and as represented on the Website. ES is therefore not liable for any handling or delivery of a Product outside of its control, or any effects that derive therefrom, which could have an effect on a Product or its efficacy.
  
  
• ES takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, ES does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
  
  

INDEMNITIES

• The user indemnifies and holds harmless ES, its members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or services offered or ordered through the Website in any way.
  
  
• The user agrees to indemnify, defend and hold ES harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
• This clause will survive termination of this agreement.

 

12. COMPANY INFORMATION

• Site owner: Homestyle Textile Close Corporation trading as

“Ethos-Store”

• Legal Status: ES is a             Close Corporation
• Registration Number: CK94/13537/23
• Director:             Chaya Medalie
• Description of main business: Online retailer of new home-goods
• Telephone number:                         010 110 7722
• E-mail address:             info@ethos-store.co.za
• Website address:             ethos-store.co.za
• Physical address:             Growthpoint Industrial Estate, Bell St

Meadowdale 1614

• Postal address:             PO Box 51215 Raedene 2124
• Registered address:             PO BOX 51215, Raedene
• Membership of any association: None

 

13. KYC AND AML REQUIREMENTS
    • A user’s ability to make use of various parts of the Website or particular Services, may be regulated by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”) laws and the respective rules and regulations.
      
      
    • ES may, at various times and depending on a range of factors in its sole discretion, including the amount of a transaction actioned and/or the exact nature of the user, require that a user submit certain information to ES in order for the user to be verified as not infringing any of ES’s KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, passport documents and/or bank account information. ES reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to these requirements to the standard required by ES. ES also reserves the right to share this information with any legal authority when required under applicable laws.
      
      
    • ES may restrict user transactions that may violate laws or ES’s internal KYC or AML conditions herein and as updated from time to time.
      
      
    • As a minimum, the following rules are applied:
      • should we receive a payment which does not correlate to an order for Services, we will immediately request a copy of your ID and proof of the need for that payment to ES;
      • should we receive a payment of between R20,000.00 and R50,000.00, we will request a copy of your ID and proof of the need for that payment to ES;
      • should we receive a payment of between R50,000.01 and above, we will request a copy of your ID, proof of the need for that payment to ES as well as proof of your address; and/or
      • should you be an individual or entity flagged by authorities for whatever reason, we may not offer you any Services due to a national/international restriction prohibiting us from doing so.
        
        

14. DISPUTE RESOLUTION
    • The user’s access and/or use of the Website and/or Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.
      
      
    • Should any dispute, disagreement or claim arise between a user and ES concerning the use of the Website or the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
      
      
    • Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
      
      
    • If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by ES. Arbitration proceedings shall be conducted in Johannesburg in English.
      
      
    • Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
      
      
    • The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
      
      
15. TERMINATION
    • ES reserves the right to terminate and cancel your account if you breach any of the Terms, or for any other reason provided that ES gives reasonable notice to you.
      
      
    • If you wish to terminate your agreement with the Terms and with ES, you may do so by discontinuing your use of the Website.
      
      
    • The obligations and liabilities of the parties incurred prior to the termination date of the agreement and/or use of the Store or Website shall survive the termination of this agreement for all purposes, including the payment of any fees due and payable by a user to ES for the purchase of any Product prior to termination.
      
      
16. NOTICES AND SERVICE ADDRESS
    • Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
      • in the case of ES, at support@ethos-store.co.za; and
      • in the case of the user, at the e-mail and addresses provided by the user to ES in the information submission process when making purchases or registering a profile.
        
        
    • Any notices to any party will be sent via e-mail. Unless the contrary is proved, any notice transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the day of transmission.
      
      
    • The term "Business Day" means any day other than a Saturday, Sunday or public holiday in South Africa.
      
      
    • Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
      
      
    • Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
      
      
17. GENERAL
    • This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 3 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
      
      
    • No indulgence, leniency or extension of time granted by ES shall constitute a waiver of any of ES’s rights under these Terms and, accordingly, ES shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
      
      
    • Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
      
      
    • The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
      
      
    • The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
      
      
    • Should you have any complaints or queries, kindly address an e-mail to support@ethos-store.co.za advising ES of same.
      
      
    • In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by ES in relation to the payment failure or breach.
      
      
    • Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
      
      
    • No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.8.