1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply goods to you online. They do not relate to our hotel services, for which please see our separate website at https://www.theroyalportfolio.com/.
1.2. Why you should read them. 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. Important clauses, which may limit our responsibility or involve some risk for you, are reflected in bold and underlined. Some of these provisions have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms. You agree to pay special attention to these clauses.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are The Royal Portfolio (Pty) Ltd (“TRP”) a company registered in South Africa. Our company registration number is 2015/434108/07 and our registered address is at 21 Exeter Avenue, Bishopscourt, Cape Town, South Africa.
2.2. How to contact us. You can contact us by telephoning our customer service team at +27 (0)21 671 7068 or by writing to us at email@example.com.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. How we will accept your order. Our acceptance of your order will take place by way of an email sent to you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified, or to deliver to your area.
3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. AVAILABILITY OF PRODUCTS
5.1. All products displayed on the Website are limited and subject to availability.
5.2. The products available on the Website are for your personal use only. You may not sell or resell any of the services, products or samples you receive from us. If, in our sole discretion, we believe that any order to be filled or products to be provided to you may result in the violation of these terms, we reserve the right, with or without notice, to cancel or reduce the quantity thereof.
5.3. We will make all reasonable attempts to ensure that when stock of an item is no longer available, the item, in particular, is removed from the Website.
5.4. We cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, we will endeavour to contact you based on the information you 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 you, you nevertheless agree to accept delivery and make payment for the items correctly delivered.
6. PROVIDING THE PRODUCTS
6.1. Delivery costs. Free shipping in South Africa for orders over R1,000.
6.2. When we will provide the products. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. If we accept your order, we will use reasonable efforts to ensure delivery time for goods is a maximum of 3 – 5 working days throughout South Africa.
6.3. Remote Areas For areas not serviced by our normal couriers, we may have to deliver via Post Office, PostNet, or to the nearest town to you that is accessible.
6.4. International Orders If you do not reside within the South African borders and are interested in purchasing anything from our Emporium, please email us on firstname.lastname@example.org and we will see how we can assist.
6.5. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.6. If you are not available when the product is delivered. Our driver will return the parcel to the depot and customer service will get in touch with you to rearrange delivery. If the second attempt is unsuccessful we will follow the same procedure and apply an additional “re-delivery” charge of R56.10 excluding VAT per delivery attempt thereafter.
6.7. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
6.8. When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us.
6.9. When you own goods. You own a product which is goods once we have received payment in full.
6.10. What to do if your order has not arrived. If your order has not arrived within the time frames stipulated in clause 6.2 please contact us on email@example.com.
7.1. You may be able to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, whether it has been used and how we are performing and when you decide to end the contract.
7.2. If what you have bought is faulty you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10.
7.3. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.6.
7.4. If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
7.5. In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.11.
7.6. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clauses 7.7 to 7.9 below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
7.7. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2);
7.8. there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.9. you have a legal right to end the contract because of something we have done wrong.
7.10. Cooling off period (Electronic Communications and Transactions Act). For most products bought online you have a legal right to change your mind within 7 days and receive a refund. This is provided that the product is in its original packaging and condition it was when delivered and has not been used. These rights, under the Electronic Communications and Transactions Act, are explained in more detail in these terms.
7.11. How long you have to change your mind. You have 7 days after the day you (or someone you nominate) receive the goods.
7.12. What will you be charged. You will be liable for the cost of delivery and return of the products.
7.13. When will you receive a refund. You will receive a refund of the price paid for the product within 30 days of the date of cancellation.
8. HOW TO CANCEL THE CONTRACT WITH US AND RETURN PRODUCTS
8.1. Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. Please provide your name, address, order number, details of the order and, where available, your phone number and email address.
8.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either courier them back to us at the following address: Cypress Lodge, 21 Exeter Avenue, Bishopscourt, Cape Town, 7708, or allow us to collect them from you in which case please email us at email@example.com. Before couriering the items to us, please wrap them in their original or similar packaging. If you are exercising your right to change your mind in terms of the cooling-off period, you must return the unused goods, in the same condition that your received them in, with all packaging and swing tags intact, within 14 days of telling us you wish to end the contract. We cannot accept returns of consumable or perishable items which you have opened.
8.3. If you are dissatisfied with your purchase and it cannot be returned please do let us know by sending an email to firstname.lastname@example.org.
8.4. When we will pay the costs of return. We will pay the costs of return:
8.4.1. if the products are faulty or damaged;
8.4.2. if you are ending the contract because of a delay in delivery or more than 30 days;
8.4.3. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.5. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
8.6. How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
8.7. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
8.8. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.9. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.10. When your refund will be made. we will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind, your refund will be made within 30 days from the day on which you have informed us of your cancellation of this agreement.
9. OUR RIGHTS TO CANCEL THE CONTRACT
9.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
9.2. you do not make any payment to us when it is due and you still do not make payment within 7 working days of us reminding you that payment is due;
9.3. we cannot deliver to the address you have provided;
9.4. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
9.5. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.6. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 to 9.5 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us at email@example.com.
10.2. Return of damaged or defective products. We will only accept return of a product if it is damaged or defective and such damage is caused by us. If you wish to return a product, you must notify us within 7 days of receipt of the product.
11. PRICE AND PAYMENT
11.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed. We reserve 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.
11.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3. What happens if we got the price wrong. Whilst all precautions are taken by us to provide the correct information on the Website, in the event that we identify an inadvertent and obvious error in the price, product or service description, images and any other relevant content, we are not obliged to provide you with the affected product or service. We will make every effort to contact you to alert you of the error. In such circumstances you are entitled to cancel the purchase and we will provide a full refund for the amount paid.
11.4. When you must pay and how you must pay. You must pay for the products before we dispatch them, by credit or debit card. Payment will be taken on our behalf by PayGate (Pty) Ltd, who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
11.5. You can make payments with the following cards: Mastercard, Visa, American Express, and Diner’s Club credit cards, or by bank transfer into the The Royal Portfolio bank account, the details of which will be provided on request.
11.6. Please note that any payments deducted by PayGate from your account or refunded back to you will appear on your statement as being from TRP Travel (Pty) Ltd.
11.7. You undertake that all details you provide to us (and to PayGate) for the purpose of ordering any goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the order.
11.8. When using your credit or debit card, we will attempt to use 3D Secure as an additional security measure if your issuing bank supports it. 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.
11.9. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
12. LIMITATION OF LIABLITY
12.1. We expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and we had been advised of the possibility of the same. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.
12.2. You agree to indemnify and hold harmless TRP, its employees, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of, or access to the Website.
13. By placing an order on the Website you agree in the fullest extent permitted by applicable law, that you shall have no claim whatsoever against TRP, and you hereby agree to release, indemnify and hold harmless the TRP from and against any and all loss, damage, actions, proceedings, claims and demands (including, without limitation, any action, proceeding, claim or demand instituted or made by any customer or other person whomsoever) and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, in connection with or arising from injury or death or any loss of or damage to its or any other person’s property) which you or any other person may incur or suffer arising from the use of products or matters connected therewith or related thereto.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.2. We will only give your personal information to third parties where the law either requires or allows us to do so. We will give your information to our service providers where this is necessary to process payments.
14.3. Collection of cookies. A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use TRP’s computer server. The cookies enable us to recognise you and give us information about your previous visits. 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 TRP’s Website. The information that TRP collects and may share with TRP’s advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.
15. INTELLECTUAL PROPERTY
15.1. All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of this Website are owned by TRP alternatively TRP is the lawful licensee thereof. Such rights are protected by both South African and international intellectual property laws. 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 TRP.
16. OTHER IMPORTANT TERMS
16.1. These terms and conditions contain the record of the entire agreement between users and TRP in respect of access to and use of the Website.
16.2. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
16.3. TRP’s omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by TRP in writing.
16.4. Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.
16.5. These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and TRP both agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa.