TERMS AND CONDITIONS

 

1. GENERAL
1.1 The website www.merakilifestyle.co.za (“the website”) is owned and operated by:
Melanie Verwey / Meraki Lifestyle / 80Twenty Online Marketing
Telephone: 0722522423
Address: 25 Biesenbach Street, Panorama, Worcester, 6850
1.2 Meraki Lifestyle’s (“the seller”) e-mail address is the following: info@merakilifestyle.co.za
1.3 The following terms and conditions apply to the use of the website.
1.4 By accessing the website you confirm that you have read, understood and agreed to these terms and conditions.
1.5 Any queries should be made before placement of order.
1.6 Such terms and conditions may be changed without notice and it remains the responsibility of the buyer to ensure that he/she is informed on the latest terms and conditions.

 

2. CONTRACT
2.1 A contract will be concluded with Meraki Lifestyle when something is bought on the website;
2.2 The buyer shall have no remedy or claim against the owner, any employee or agent of Meraki Lifestyle whatsoever;
2.3 When an order is placed by the buyer, it is agreed these terms conditions (or the amended terms and conditions) shall form the contract between the buyer and Meraki Lifestyle (“the seller”).
2.4 Such contract between buyer and seller shall commence when a confirmation e-mail is sent to the buyer by the seller.
2.5 This document constitutes the entire agreement between the seller and buyer (“parties”). Any changes shall be made in writing and signed by the parties.
2.6 The buyer hereby agrees that all information provided by him/her for the purpose of ordering or purchasing goods, are accurate and complete.
2.7 The buyer also declares that the credit or debit card used for such purposes is not
used fraudulently.
2.8 The seller’s statutory rights are not affected by this document.

 

3. PAYMENT
3.1 ‘Meraki Lifestyle’ accepts payment from all major credit and debit cards via the website by use of ‘Payfast’.
3.2 The payment process is as follows:
  3.2.1 After an order has been placed on the website, the buyer will be redirected to
Payfast;
 3.2.2 Payfast will then require and capture the buyer’s card details over a secure
connection;
  3.2.3 The buyer will then return to the website.
3.3 A buyer whom is paying with a credit/debit card hereby declares that it is his/her own card.
3.4 All credit/debit card holders are subject to validation checks and authorization by the card issuer.
  3.4.1Should the card issuer refuse to authorize payment, the seller will not accept the buyer’s order;
3.4.1.1 The seller will also not be liable for any delay or non-delivery; and
3.4.1.2 The seller is not obliged to inform the buyer of the reason of refusal of
order.
  3.4.2 Goods will not be dispatched until the buyer’s payment has been authorized by the
card issuer.
3.5 The buyer’s invoice address must be the same address on the card statement.
3.6 The seller is not liable in the event that the buyer’s card issuer or bank charge the buyer as a result of the seller processing the buyer’s credit/ debit card payment in accordance with the buyer’s order.
3.7 Kindly refer to the seller’s Privacy Policy for information on how buyers’ personal data is secured and used.
3.8 All invoices are to be paid in South African Rand.

 

4. ORDERING
4.1 All orders are subject to acceptance by the seller and to product availability.
4.2 The seller will not be liable for incorrect details given by the buyer.
4.3 Should the goods ordered not be available from stock, the buyer will be contacted by way of e-mail;
  4.3.1 The buyer can elect to wait until such goods are available, or to cancel his/her order
in accordance with the buyer’s cancellation and returns policy.
  4.3.2 Should only part of the order be out of stock, the seller can dispatch the available
goods immediately, outstanding goods will be dispatched when available at no extra
cost.
4.4 The seller reserves the right to change product prices at any time. It is therefore the buyer’s responsibility to ensure what the correct prices are before an order is placed.
4.5 All the prices include VAT, where applicable.
4.6 Sale items are excluded from any other offers and promotions.
4.7 After an order is placed, a confirmation e-mail will be sent to the given e-mail address.
4.7.1 Such confirmation e-mail will set out the following details:
4.7.1.1 The products ordered;
4.7.1.2 The cost (including VAT);
4.7.1.3 The buyer’s method of payment; and
4.7.1.4 The seller’s expected dispatch times.
4.7.2 The buyer is responsible to ensure that the detail on the confirmation e-mail is
correct.
4.7.2.1 Should any of the detail be incorrect, the buyer is responsible to contact the
seller as soon as possible.
4.8 Should an order not be accepted, the seller will inform the buyer of the reasons by way of an e-mail.

 

5. DELIVERY
5.1 The seller is only able to give approximate delivery periods based on approximate dispatch times.
5.2 The seller will at all relevant times aim to dispatch all orders within 3 (three) working days after receipt of payment.
5.2.1 Delivery may take longer during busy periods, such as sale times, and for
personalized items which are made to order.
5.2.2 Should and order be urgent, the buyer may contact the seller on 072 252 2423 or
send an e-mail to the seller.
5.3 All goods are dispatched to the address provided in the order.
5.4 Delivery address outside of the Republic of South Africa:
5.4.1 The buyer shall be liable for any and all applicable import taxes on the ordered
goods.
5.5 The ‘Delivery and Returns’ section on the website sets out the delivery charges.
5.5.1 Such delivery charges may be subject to change without notice.
5.6 It is not possible for the seller to deliver goods to all locations.

 

6. CANCELLATIONS, RETURNS, REFUNDS AND EXCHANGES
6.1 The seller aims to deliver all goods in immaculate condition.
6.1.1 Should the buyer be of the opinion that the goods are damaged or faulty, the buyer
should contact the seller on 072 252 2423 or send an email to the seller.
6.2 Should the buyer wish to cancel his/her order before receipt of the confirmation e-mail, the buyer should email the seller with “Cancellation” as the subject of the e-mail.
 6.2.1 If the seller receives such e-mail in time, the goods will not be sent to the buyer and
the buyer will also not be charged for the goods ordered.
6.3 Should a buyer wish to cancel his/her order after receipt of the confirmation e-mail, the buyer is obligated to wait until he/she has received the ordered goods and thereafter follow the seller’s return procedure.
6.4 The ‘Distance Selling Regulations’ grants the buyer a “cooling off period” of seven (7) days
  6.4.1 Such seven day period commences on the day which the buyer receive the goods;
 6.4.2 During this period the buyer can elect to keep the goods or not;
  6.4.3 Should the buyer elects not to keep the goods, he/she has to e-mail the seller before the seven day period lapses;
6.4.3.1 The buyer has to return the goods to the seller in the same condition it was
in at delivery at his/her own cost.
6.4.3.2 If a free gift or promotional item was enclosed as part of the purchase, it
should also be returned. Failure to return it will lead to the deduction of the
retail cost of such item from the buyer’s refund.
6.4.3.3 Once goods have been returned in the same condition it was delivered, the
Seller will refund the buyer the sum of which buyer paid for it within five (5)
working days.
6.4.3.4 The seller will not be liable for any goods that do not reach it.
6.4.4 Kindly note that this does not apply to personalized items
6.5 The return address is:
MERAKI LIFESTYLE
25 BIESENBACH STREET
PANORAMA
WORCESTER
6850
6.6 The buyer should receive the refund credit or exchange order (if in stock) within five (5) working days after seller has received the goods.
6.7 The refund will exclude the original delivery charge
7. LIABILITY
7.1 The buyer hereby agrees that he/she will be liable for any damage suffered as a result of breach of these terms and conditions or any liability which may arise from the way in which the website is used.
 7.1.1 Such liability may include the seller’s legal fees.
7.2 Nothing in these terms and conditions excludes or limits the seller’s liability for death or personal injury resulting from seller’s negligence.
7.3 The seller’s liability to the buyer is limited to the amount equal to the cost of the goods ordered.
7.4 The seller is not liable for any errors and/or omissions appearing on the website.
7.5 The seller reserves the right to change product specifications prices and availability of the goods and services at any time, and without notice.
  7.5.1 Should there be an error on the price of goods ordered by the buyer, the seller will
contact the buyer by way of e-mail as soon as possible.
  7.5.2 The seller is not obliged to fulfil an order for a product that was advertised at an
incorrect price.
 7.5.3 If the price of goods ordered is incorrect on the website, the seller will e-mail the
buyer to inform him/her that the seller do not accept the order. The buyer will then
have a choice whether to buy the goods at the correct price.
7.5.4  In the event that a buyer has already paid for the wrongly priced goods, the seller will
refund the full amount within thirty (30) days of the date of the order.
7.5.5  Should the buyer wishes to buy the product at the corrected price, the seller will
charge the additional amount separately to the buyer’s debit/credit card.
7.6 Should the buyer receive goods that he/she did not order, he/she must contact the seller within seven (7) working days of receipt of the goods.
 7.6.1 The buyer may be required to return some goods to the seller so as to assist seller to
resolve the problem.
7.7 The seller aims to ensure that all product pictures used are accurate, but are not liable for any difference in colour between the image on the website and the goods received, as every computer/monitor has its own colour settings.
7.8 The seller will take all reasonable steps to ensure that data collected from the buyer is stored securely.
  7.8.1 The seller will however not be liable for any breach in their secure computer servers.
 7.8.2 For more information on privacy, please refer to the ‘Privacy Policy’.
7.9 The seller will not be liable for the delay in delivery of any ordered goods, whether or not such delay is beyond the seller’s control.
7.10 The seller does not warrant that the website will meet the buyer’s requirements, or will be
uninterrupted timely or error free.
7.11 The seller does not warrant that the website or the server that makes the website available
are free of viruses or bugs.
7.12 The seller will not be liable for any loss of content or material uploaded or transmitted
through the website.

 

8. PARTICIPATION DISCLAIMER
8.1 The seller does not and cannot review all communications and materials posted to or created by users accessing the website.
8.2 The seller is therefore not liable for the content of such communications and materials.
8.3 The seller reserves the right to block or remove any communications or materials that the seller deems to be:
  8.3.1 Abusive, defamatory, or obscene;
  8.3.2 Fraudulent, deceptive or misleading;
 8.3.3 In violation of a copyright, trademark, or other intellectual property right of another;
  8.3.4 Offensive or otherwise unacceptable.

 

9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites are provided for the buyer’s convenience.
9.2 The seller is not responsible for such websites, their content or availability.
9.3 The buyer accesses such third party websites linked to the website at his/her own risk.
9.4 All copyright of the website is owned by Meraki Lifestyle and can only be reused when Meraki Lifestyle grants a license permitting it.

 

10. GENERAL TERMS
10.1 If any of these terms and conditions are found to be illegal, invalid or unenforceable by any
court of competent jurisdiction, the rest of the terms and conditions will remain in full force
and effect.
10.2 Only the seller and buyer will be entitled to enforce these terms and conditions.
10.3 No third party will be entitled to enforce any of these terms and conditions, whether by virtue
of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.4 These terms and conditions are governed by South African law.
10.4.1 In the event of any matter or dispute arising out of or in connection with these terms and conditions, the parties whereby undertakes to submit to the exclusive jurisdiction of the South African courts.