Pineapple House Interiors – Terms and Conditions
YOUR USE OF OUR WEBSITE (AS DEFINED BELOW) IS SUBJECT TO THESE TERMS AND CONDITIONS ("TERMS"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.
ALL OF THE PROVISIONS OF THESE TERMS ARE IMPORTANT, BUT PLEASE PAY SPECIAL ATTENTION TO THE PARTS WHICH ARE IN CAPITAL LETTERS AND BOLD TEXT AS THESE TERMS HAVE IMPORTANT CONSEQUENCES FOR YOU.
1. What do these Terms regulate?
1.1 These Terms include the Privacy Policy available at https://www.pineapplehouse.co.za/privacy-policy ("Privacy Policy") and the Returns Policy available at https://www.pineapplehouse.co.za/returns-policy ("Returns Policy"), collectively referred to as the "Terms".
1.2 The website located at www.pineapplehouse.co.za (our "Website") is made available by [REGISTERED COMPANY NAME] trading as Pineapple House Interiors ("Pineapple House Interiors" / "PHI" / "we" / "our" / "us"). Any reference to "Pineapple House Interiors", "PHI", "we", "our" or "us" includes our employees, officers, members, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.3 These Terms apply to:
1.3.1 any person who uses, accesses, refers to, views and/or downloads the information made available by us on our Website for whatever purpose ("users", "you" or "your"); and
1.3.2 the order or purchase of any product(s) offered for sale on our Website or purchased from us, including bespoke or made-to-order pieces (the "products").
2. Your agreement to these Terms
2.1 YOUR USE OF OUR WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS, WHICH WILL RESULT IN THE TERMS BECOMING A LEGAL CONTRACT BETWEEN YOU AND US.
2.2 These Terms (including the Privacy Policy, the Returns Policy and any additional document we incorporate by reference in these Terms) constitute the complete and exclusive understanding and agreement between you and us.
2.3 IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION IN THESE TERMS, THE PRIVACY POLICY OR THE RETURNS POLICY, OR ANY POLICIES OR ADDITIONAL DOCUMENTS WE INCORPORATE BY REFERENCE, OR ANY SUBSEQUENT CHANGES THERETO, OR BECOME DISSATISFIED WITH US, OUR WEBSITE, OUR PRIVACY POLICY OR RETURNS POLICY, YOU MUST NOT CONTINUE TO USE OUR WEBSITE.
3. Products, Content and Specifications
3.1 Many of our products are made from natural materials and/or are handmade, vintage or one-of-a-kind, which may result in variations in colour, texture, finish and composition from product to product. Variations of this kind are characteristics of a natural, handmade or vintage product and do not constitute a defect or damage.
3.2 All features, content, specifications, products and prices of products and services described or depicted on our Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
3.3 Pineapple House Interiors makes all reasonable efforts to accurately display the attributes of our products, including colours. However, the colour you see will depend on your device screen and the light in which the product was photographed, and we cannot guarantee that colours will always be displayed accurately on our Website.
3.4 The inclusion of any products or services on our Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) regarding the possession, use and sale of any item purchased from us. By placing an order, you represent that the products ordered will be used only in a lawful manner.
4. Accuracy of Information
4.1 Whilst all reasonable steps have been taken to ensure the accuracy of the information on our Website, it may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on our Website. For example, products on our Website may be unavailable, may have different attributes than those listed, or may carry a different price than that stated.
4.2 You understand and agree that the information, details, descriptions and prices on our Website may change from time to time. You are advised to contact us at [EMAIL ADDRESS] before using or relying on our Website.
5. Shipping Limitations and Defects
5.1 Orders will be shipped to the address you designate, provided that address complies with the shipping restrictions for your country. You must ensure that someone is available to receive the order at your chosen address.
5.2 Should nobody be available at your chosen address to accept delivery at the time arranged, we reserve the right to charge an additional fee for storage and redelivery of your order.
5.3 Risk of loss and title in products purchased from us will pass to you upon delivery of the product(s) to you or your nominated recipient. Upon delivery, and before signing for acceptance, you are responsible for checking that the contents are intact and that there are no breakages, missing items or defective products.
6. Orders, Enquiries and Bespoke Pieces
6.1 Products listed with a price may be purchased directly through our Website's online checkout. An order placed online is confirmed once payment has been received and we have sent you an order confirmation email.
6.2 For bespoke, made-to-order, trade or design-service enquiries, you may contact us by email with the specifications and quantity of the product(s) you require. These orders are confirmed once we have responded with a written quote and description and you have accepted it in writing.
6.3 Orders may be changed and/or cancelled within 2 (two) business days of receipt of our confirmation email. Bespoke or made-to-order pieces may not be cancelled once production has started, and any deposit paid towards them is non-refundable unless otherwise agreed in writing.
7. The Purchase Price
7.1 All prices are in South African Rand (ZAR) and are inclusive of VAT.
7.2 The total amount payable by you includes the price of the product(s) as well as packaging and other charges as set out at checkout or in your confirmation email, unless otherwise agreed by us.
7.3 The price of the product(s) is exclusive of delivery costs, which will be shown at checkout or quoted separately. Should you require delivery, we will arrange it on your behalf and at your cost, subject to the delivery service provider's terms and conditions at the relevant time. WE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF THE ACTIONS AND/OR OMISSIONS OF THE DELIVERY SERVICE PROVIDER.
7.4 Should you so require, we will arrange insurance cover for the product(s) from collection from us or our agents until delivery to you, at your cost. The type and extent of insurance depends on the delivery method you choose (e.g. post, courier or transport company).
7.5 Products will not be shipped until we have received payment in full for the products and any shipping, insurance and delivery charges, unless you hold an approved trade account with Pineapple House Interiors.
8. Electronic Communications
8.1 By using our Website and accepting these Terms, you agree that all agreements, notices, disclosures and other communications sent by you or us electronically satisfy any legal requirement that such communications be in "writing". For the purposes of this paragraph, a "data message" means data generated, sent, received or stored by electronic means.
8.2 You agree specifically that:
8.2.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of our Website;
8.2.2 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
8.2.3 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by, us; and
8.2.4 subject to the further provisions of these Terms, a data message sent by you to us will only be treated as received by us when an acknowledgement of receipt is sent by us or a person authorised to act on our behalf in respect of that data message.
8.3 Except as set out in paragraph 6.1, the receipt of an email acknowledging your enquiry does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to you. We may also require verification of certain information before accepting and/or shipping any order.
9. Use of our Website
9.1 The design of our Website and all text, graphics, photography, information, content and other material displayed on or downloadable from our Website are protected by copyright, trade mark and other laws and may not be used except as permitted by these Terms or with the prior written permission of Pineapple House Interiors and its licensors, if applicable.
9.2 You may not modify the information or materials displayed on or downloadable from our Website in any way, or reproduce, publicly display, perform, distribute or otherwise use them for any public or commercial purpose. Any unauthorised use may violate copyright laws, trade mark laws, laws of privacy and publicity, and other laws and regulations.
10. Trade marks
Certain trade marks, trade names, service marks and logos used or displayed on our Website are registered and unregistered trade marks, trade names and service marks of Pineapple House Interiors and its affiliates, including Pineapple House and Pineapple House Interiors. Other trade marks, trade names and service marks used or displayed on our Website are the property of their respective owners. Nothing on our Website grants, by implication, estoppel or otherwise, any licence or right to use any trade marks, trade names, service marks or logos displayed on our Website without the written permission of Pineapple House Interiors or such other owner.
11. Linking to our Website
You are welcome to share links to our Website's pages, including on social media, provided the link is not presented in a way that suggests an endorsement, partnership or affiliation we have not approved. Running or displaying our Website or any of its content in frames or by similar means on another website without our prior written permission is prohibited. Any links to our Website must comply with all applicable laws, rules and regulations.
12. Third-Party Links
12.1 From time to time, our Website may contain links to websites that are not owned, operated or controlled by Pineapple House Interiors or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave our Website.
12.2 Neither we nor any of our affiliates are responsible for any content, materials or other information on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee or make any representations or warranties regarding any other websites or their content, or the results you may obtain from using them. If you access any other website linked to or from our Website, you do so entirely at your own risk.
13. User Information
13.1 Other than personally identifiable information, which is subject to the Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to our Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary.
13.2 We and our affiliates and designees may use any or all User Communications for any purpose whatsoever, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner, for commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We have no obligation to use, return, review or respond to any User Communications, and no liability related to their content, whether arising under the laws of copyright, defamation, privacy, obscenity or otherwise. We retain the right to remove any User Communications that include material we deem inappropriate or unacceptable.
14. Disclaimers
14.1 YOUR USE OF OUR WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH OUR WEBSITE ARE, TO THE EXTENT ALLOWED BY LAW, PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PINEAPPLE HOUSE INTERIORS NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH OUR WEBSITE. THESE MAY BE OUT OF DATE, AND NEITHER PINEAPPLE HOUSE INTERIORS NOR ANY OF ITS AFFILIATES COMMITS TO OR ASSUMES ANY DUTY TO UPDATE THEM. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
14.2 ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH OUR WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH OUR WEBSITE.
14.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR CLAIMS DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
15. Limitations of Liability
15.1 Pineapple House Interiors assumes no responsibility, and will not be liable, for any damage to, or any viruses that may infect, your computer, telecommunication equipment or other property caused by or arising from your access to, use of or browsing of our Website, or your downloading of any information or materials from it. IN NO EVENT WILL PINEAPPLE HOUSE INTERIORS OR ANY OF ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF OUR WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR RESULTS OF USE OF OUR WEBSITE, ANY WEBSITES LINKED TO OUR WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES ON ANY SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, DELICT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
15.2 IN THE EVENT OF ANY PROBLEM WITH OUR WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR WEBSITE.
16. Revisions to these Terms
We reserve the right to revise these Terms at any time. To determine which version of our Terms applies to your use of our Website and/or your purchase of our product(s), please note the effective date specified in the revised Terms. You should visit this page from time to time to review the current Terms, as they are binding on you. Certain provisions of these Terms may be superseded by legal notices or terms on particular pages of our Website.
17. Choice of Law; Jurisdiction
These Terms supersede any other agreement between you and Pineapple House Interiors to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to our Website will be brought only in the courts of the Republic of South Africa. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Termination
You or we may suspend or terminate your account or your use of our Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend or discontinue all or any aspect of our Website at any time without notice.
19. Information required in terms of section 33 of the Consumer Protection Act, 68 of 2008 (the "CPA")
If you order any product(s) displayed on our Website without having the opportunity to inspect them before placing your order, we are required by section 33 of the CPA to provide you with the following information:
19.1 our name and registration number: [REGISTERED COMPANY NAME] t/a Pineapple House Interiors, a [company / close corporation] incorporated in accordance with the company laws of the Republic of South Africa, with registration number [REGISTRATION NUMBER];
19.2 our business address: [STREET ADDRESS], Cape Town, [POSTAL CODE], Republic of South Africa;
19.3 a record of the transaction, which we will provide once you have placed an order, including:
19.3.1 our full or registered business name, and VAT registration number [VAT NUMBER];
19.3.2 the address of the premises from which the product(s) were supplied;
19.3.3 the date on which the transaction occurred;
19.3.4 a name or description of the product(s) supplied;
19.3.5 the unit price of the product(s);
19.3.6 the quantity of the product(s);
19.3.7 the total price of the transaction, before any applicable taxes;
19.3.8 the amount of any applicable taxes; and
19.3.9 the total price of the transaction, including any applicable taxes;
19.4 the currency in which amounts are payable, being South African Rand (ZAR);
19.5 the delivery arrangements, including:
19.5.1 the identity of the shipper;
19.5.2 the mode of transportation; and
19.5.3 the place of delivery to you;
19.6 our cancellation, return, exchange and refund policies, as set out in these Terms and the Returns Policy;
19.7 should you be dissatisfied with the product(s), any complaints must be addressed in writing to [EMAIL ADDRESS].
20. Cooling-off period in terms of section 16 of the CPA and section 44 of the ECTA
20.1 If you purchased products through our Website, or as a result of direct marketing (including catalogues or brochures emailed to you by us), you may cancel the order without reason or penalty within 7 (seven) days of receiving the product(s), in terms of section 44 of the Electronic Communications and Transactions Act, 25 of 2002 ("ECTA"), or within 5 (five) business days in terms of section 16 of the CPA, whichever applies. This right does not apply to bespoke, made-to-order or personalised products made to your specifications.
20.2 Should you cancel an order and return any product(s), you will be refunded within 30 (thirty) days after:
20.2.1 receiving your notice cancelling the order of any product(s) not yet delivered to you; or
20.2.2 receiving the returned product(s) from you.
20.3 We may charge a reasonable amount should any returned product(s) require repair or restoration so that they may be re-sold. You will be liable for the direct cost of returning the product(s) to us, including delivery, insurance, packaging and courier charges.
20.4 PLEASE NOTE THAT WE WILL NOT ACCEPT ANY PRODUCT(S) WHICH HAVE BEEN PARTIALLY OR ENTIRELY DISASSEMBLED, PHYSICALLY ALTERED, PERMANENTLY INSTALLED, AFFIXED, ATTACHED, JOINED OR ADDED TO, BLENDED OR COMBINED WITH, OR EMBEDDED WITHIN, OTHER GOODS OR PROPERTY.
21. Variation of certain deeming provisions in the ECTA
21.1 By using our Website, you agree that these Terms create a binding contract between us and you, even though they are wholly or partly in the form of a data message. You agree specifically that:
21.1.1 the contract will be treated as if it was concluded at our physical address on the date on which you first made any use of our Website;
21.1.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms;
21.1.3 your use of our Website is sufficient evidence of your agreement to these Terms;
21.1.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within the Republic of South Africa;
21.1.5 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by, us; and
21.1.6 subject to the further provisions of these Terms, a data message sent by you to us will only be treated as received by us when an acknowledgement of receipt is sent by us or a person authorised to act on our behalf in respect of that data message.
22. Additional Assistance
If you do not understand any of these Terms, or have any questions or comments, please contact us by email at [EMAIL ADDRESS] or by phone at [PHONE NUMBER].
23. Taxes
23.1 International orders are generally subject to local import fees, duty, customs, VAT or other taxes in the country of destination.
23.2 TO THE EXTENT THAT YOU REQUIRE PRODUCTS PURCHASED FROM US TO BE DELIVERED OUTSIDE THE REPUBLIC OF SOUTH AFRICA, YOU WILL BE SOLELY LIABLE FOR ALL APPLICABLE COSTS, INCLUDING LOCAL IMPORT FEES, DUTY, CUSTOMS, VAT, ANY OTHER ADDITIONAL TAXES AND DELIVERY CHARGES.
23.3 For specific information about these potential charges, please contact the relevant local government import office.
24. Limitation
Certain countries have import limitations and restrictions which need to be considered at the time of the order. WE ARE NOT RESPONSIBLE FOR ENSURING COMPLIANCE WITH ANY OF THESE RESTRICTIONS AND/OR LIMITATIONS. It is your responsibility to determine whether any restrictions apply.
25. Effective Date
These Terms apply to your access of our Website, and/or the order or purchase of any product(s) from us, on or after [EFFECTIVE DATE].