Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing South African Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1. PRIVACY STATEMENT
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The private information required of the User for executing the orders placed through the Website’s ecommerce facility, namely the User's personal information, credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the essential information, that is the delivery address and contact phone number will be made known to third parties delivering the merchandise.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that are carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may unintentionally have installed on his/her device. Users who do not wish to place an order or make offers in respect of any Products on the Website may visit the Website without providing their personal information. The Provider will however keep a record of the IP address of the User Computer (but not the e-mail address) for purposes of determining the use of the Website, i.e. the number of visits and average time spent on the Website.
www.hartelief.co.za are committed to protecting your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA), and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
EXCLUSIONS AND LIMITATIONS
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by laws:
- • under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any Products sold by it to you via the Site; and
- • under sections 43(5) and 43(6) of the ECT Act in relation to hartelief.co.za’s payment systems not being sufficiently secure, neither hartelief.co.za nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the Services or content provided from and through this Site.
- • The Company:
- • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
4. PRODUCTS & AVAILABILITY Please note that stocks of all Products on offer are limited. Any offer to purchase the Products using this Website does not constitute any guarantee that what is being purchased by the User will necessarily be available.
The Products displayed on this Website are subject to availability and will be delivered only within the Republic of South Africa, subject to further terms as set out below. All prices displayed on the Website are valid and effective only in the Republic of South Africa. Despite our best efforts, a Product appearing on the Website may be mispriced. We reserve the right to correct the selling price or to change the selling price of any and all of the Products from time to time without any prior notification. Orders placed on the Website constitute an offer to purchase Products subject to this Agreement. The User will receive an auto-response generated message confirming the purchase of the Product. A purchase agreement will only come into effect between the User and the Provider once an autoresponse generated message has been sent to the User confirming the acceptance of the offer to purchase.
Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
5. PURCHASING PRODUCTS
As a Member, the Site will enable you to place electronic orders (“Order”) for one or more Products offered, for so long as such Products are still available and have not sold out.?A purchase agreement between you and hartelief.co.za (“Purchase”) only comes into effect if you electronically submit a properly completed Order for one or more Products in your shopping basket AND payment is either authorised or received by hartelief.co.za into its bank account, subject to stock of the Product concerned being available.? Products cannot be reserved for later purchase, and placing a Product in your shopping basket without completing the purchase does not constitute an Order for, or a Purchase of such Product. Consequently, prior to actual Purchase, hartelief.co.za may remove any Product from your shopping basket if stock of the Product is no longer available, or if 30 minutes has elapsed, and you cannot hold hartelief.co.za liable if any Product is not available when you attempt to complete the Purchase at a later stage.
Note that should you wish to purchase a Product as a gift for someone else, you should specify the fact that the Product will be a gift where indicated when placing your Order, failing which the Order will be deemed to be for you personally.?The invoice in respect of your Purchase will be available online in the "My Account" section of the Site. A copy of such invoice will also be included with the Product when delivered, unless you have indicated that the Product is a gift (as aforesaid) in which case a gift delivery slip will be included with the Product instead.
6. REGISTRY SALE
Registry accounts, once available, may be opened 8 (eight) weeks prior to due date and closed up to 1 (one) week after birth. The Product(s) will only be consolidated and shipped upon check-out at which point normal sales policies shall apply.
Users who set up a registry account will be given a password with which they may access and amend the registry online. The Company accepts no responsibility for any changes effected to the registry whatsoever including any changes made by the User or any other party to whom they have disclosed their password. The registry will be available to view and amend once opened and two weeks after the birth date.
No items on the registry may be set aside without purchase. The Company takes no responsibility for duplicate items purchased off a registry where a User has not informed the Company that it is using this facility, nor shall the Company accept responsibility for any items incorrectly marked as being purchased.
The Companies refund and returns policy shall apply in relation to all Products purchased in terms of the registry service.
Purchases may currently be paid for by credit cards and EFT (electronic funds transfers).
- • Credit Cards, At the time of placing the Order, the transaction details are presented to the bank and an authorisation is obtained for the amount of the Order. If such authorisation is not obtained, the Order will be cancelled. If authorisation is obtained, payment is usually immediate.?You warrant that you are fully authorised to use the credit card supplied for purposes of paying for your Order and that this credit card has sufficient available funds to cover all of the costs incurred as a result of using the Services.
- • Payment by EFT (electronic funds transfer)?, Electronic funds transfer (EFT) from a shopper's bank account to the bank account of hartelief.co.za is another method of completing online purchases. Once the shopper performs the checkout and selects the EFT option then an email will be sent to him / her with full instructions of what to do in order to complete the purchase.
- • Our Terms are payment in full within 30 (thirty) days. All goods remain the property of the Company until paid for in full. If goods are not paid within 30 (thirty) days, order will be cancelled. We reserve the right to levy a R200 charge to cover any subsequent administrative expenses.
8. DELIVERY POLICY
We will not be held liable for any loss, claims, theft or damage of whatsoever nature, to any person, arising from the delivery process and/or from the delivery of a product and/or the failure to deliver the Product(s).
Please note that delivery estimates are not guaranteed delivery times and should not be relied upon as such. The delivery period for different Product(s) may vary depending on the type of Product and the availability of the Product. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Subject to stock availability with suppliers and receipt of payment, requests will be processed within 10 days and handed over to a courier company for delivery. Delivery payment options are provided upon checkout. For very remote areas not serviced by standard courier service the Provider will deliver via Post Office or to the nearest town to the User that is accessible by our courier’s partners within their normal routes. In these circumstances, the Provider will contact the User to arrange an alternative address.
The Provider reserves the right to cancel an order for which payment has already been received from the User. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider's standards. Should the Provider exercise this right, the User will receive a full refund with no deductions. We will not be held responsible or liable for any loss, damage or theft of the Product(s) in the event that you have provided Hartelief with your home physical address and you have given authorisation to a domestic worker and/or security officer to accept the product. Delivery fees:
- Orders under R60 - R600 - Fixed R90 Delivery Fee
- Orders over R600 - FREE DELIVERY
- Registry orders over R600 - FREE DELIVERY
Orders will arrive at your door within 7 working days. ?That said we do everything in our power to get your parcel to you a lot earlier than that and you will probably find that it arrives within around 3-5 working days!
9. REFUNDS AND RETURNS
hartelief.co.za is pleased to offer a satisfaction guarantee for all items purchased from us. The replacement of returned Products cannot be guaranteed as this is subject to the availability of stock. The User can only return a Product or request a refund if the Product is damaged prior to delivery, if the Product is faulty on delivery, or if the incorrect product was delivered. In such cases, no returns or refunds will be accepted after  days after delivery of the Product. The Product must be returned in its original packaging with all warranty cards, manuals and accessories. We are unable to refund postage costs for returns, unless we have made a mistake and sent you the wrong product or the product is unusable due to a defect. In this case please email email@example.com prior to sending goods back.
Should a User request a return/refund on receipt of the Product for any reason other than the Product not being damaged; faulty or incorrect the Provider has the right to charge the User for the delivery, administration and handling fees for the return of the Product. The balance shall be credited to your hartelief.co.za shopper profile.
10. CANCELLATION POLICY
EARLY CANCELLATIONS – PENALTY FREE*
Except for electronic Voucher, which cannot be cancelled once purchased, you are entitled to cancel (either in whole or in part) any sale without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products ordered. To do so please email us at firstname.lastname@example.org
* If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative or other charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.
11. TERMINATION OF AGREEMENTS
Both the Client and ourselves have the right to terminate any Services Agreement for any reason.
- • hartelief.co.za reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any Order and/or to cancel any Purchase, in whole or in part, on notice to you. hartelief.co.za shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order.
- • You are entitled to cancel any Order/s or Purchase/s as provided for in the Returns Policy. Please note that all goods bought on the hartelief.co.za website will only be returnable via hartelief.co.za through our approved courier partners and at our premises, during working hours.
12. LOG FILES
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
15. FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the Republic of South Africa govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
18. NOTIFICATION OF CHANGES
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of th