Website Terms and Conditions of Use Relating to www.livingstones.co.za. These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Livingstones Garden & Home (“the Provider”) website located at the domain name www.livingstones.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Please note that prices are correct as at today, however prices are subject to change at our discretion.
The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Images, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
All Payments are to be made via EFT or bank deposit on this website, no other form of payment will be accepted unless it is made in-store. A request for payment will be sent to the User, a proof of payment notice must then be sent to our accounts department at accounts@livingstones.co.za. The User will receive notification when their payment has cleared, the order made will then be dispatched.
All orders submitted through our website are confirmed by e-mail, fax or telephone after submission, no order should be deemed to be accepted without this confirmation. All orders are fulfilled subject to these terms and conditions. It might not be possible for us to accept orders for certain items for delivery to certain countries. All quotations are valid for a period of 10 days from the date generated.
Prices quoted are in Rands or in any other currency on request, all payments are to be made in Rands. (Your credit card providers will charge the order in your local billing currency). Please note that prices are correct as at 1 January 2015, however prices are subject to change at our discretion. There is a manufacturing lead time on specific items.
VAT is included and is charged only on sales to residents of the RSA making personal purchases. All purchases made by customers outside the RSA are charged less VAT.
Goods remain the property of the Provider until paid for in full. The Provider will not release any goods until they have been paid for in full. Shipping Prices are quoted after an order is made subject to customer/User request. Deliveries will be to location agreed upon for the quote and may not be available door to door in certain areas. From the moment goods are dispatched they become the responsibility of the customer / User without exception, it is their responsibility to insure these goods if they wish to do so. In the unlikely event of your order being lost, by the logistics service provider, we would do our best to assist you in recovering or replacing the items lost. We do however strongly advise our customers to choose the insurance option when making use of a logistics provider. Insurance is available for purchase in the checkout process or alternatively can be arranged with a salesperson. Our courier partners were chosen because of their professionalism and care in their deliveries and we trust that your orders will be received intact. Our courier partners are chosen as a result of their potential to deliver timeously in the area that each particular customer is located and the Provider is not liable or responsible for the behaviour of any such Courier or Logistics Service Provider or Transp[ort Service Provider. There are also often International Border Posts, Customs & Excise Officials over which the Provider and the Transport Service Provider have no control.
Returns will only be accepted if the order is incorrectly delivered, on an exchange only basis, provided that the product is unused, not damaged and in its original packaging. If the User believes the supplied product to be faulty, the item must be returned at the cost of the User. The Provider will then engage with the supplier under the standard suppler terms and conditions for repair or replacement of the item. The User will remain responsible for all courier costs of both return and exchange. We strongly suggest that Users make use of the insurance option which the logistics providers offer. The Provider holds no responsibility for loss or damage of products once they have been dispatched.
The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Images, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
