TERMS & CONDITIONS
1. INTRODUCTION
1.1 This website can be accessed at www.therustyhinge.co.za via browsers on desktop and mobile, as well as other internet-connected devices.
1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
2. IMPORTANT NOTICE
2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
a. may limit the risk or liability of The Rusty Hinge; and/or
b. may create risk or liability for the user; and/or
c. may compel the user to indemnify The Rusty Hinge; and/or
d. serves as an acknowledgement, by the user, of a fact.
2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask The Rusty Hinge to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or The Rusty Hinge in terms of the CPA.
2.6 The Rusty Hinge permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. RETURNS
3.1 Please refer to our Returns & Refunds policy for more information about returning products (and related refunds, replacements or repairs). The Returns & Refunds policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
4. Registration and use of the website
4.1 Users are permitted to make purchases and place orders either with our without registering a user account.
4.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to The Rusty Hinge.
4.3 You agree and warrant that your username and password shall:
a. be used for personal use only; and
b. not be disclosed by you to any third party.
4.4 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
4.5 You agree to notify The Rusty Hinge immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4.6 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
4.7 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised The Rusty Hinge representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.8 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.9 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised The Rusty Hinge representative.
5. Conclusion of sales and availability of stock
5.1 Registered users may place orders for Goods, which The Rusty Hinge may accept or reject. Whether or not The Rusty Hinge accepts an order depends on the availability of Goods, and receipt of payment or payment authorisation by The Rusty Hinge for the Goods.
5.2 Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
5.3 Placing Goods in a shopping basket without completing the purchase does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold The Rusty Hinge liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5.4 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by The Rusty Hinge, The Rusty Hinge will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, The Rusty Hinge will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
6. payment
6.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
6.2 Payments may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
a. Debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
b. Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
c. Instant EFT: Can be arranged. Please email us at sales@therustyhinge.co.za for more information regarding placing orders with this method.
6.3 Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
7. delivery of goods
7.1 The Rusty Hinge offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
a. Courier; or
b. Personal delivery, in cases where Goods ordered are too large for courier transportation and/or need to be installed by The Rusty Hinge technicians.
(Please note that personal delivery of large items is only available to customers residing within the Cape Town and surrounding suburbs region)
7.2 Our delivery charges and preferred courier service provider are subject to change at any time, without prior notice to you.
7.3 Where it accepts your order, The Rusty Hinge will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
7.4 The Rusty Hinge’s obligation to deliver a product to you is fulfilled when our courier or team delivers the product to the physical address nominated by you for delivery of the order. The Rusty Hinge is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
8. Errors
8.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
9. privacy policy
9.1 We respect your privacy and will take all reasonable measures to protect it.
9.2 The Rusty Hinge processes Personal Information in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific. In order for users to access and use our Platforms we collect and process some Personal Information. When you become a registered user, we have to collect and process your Personal Information to render our services to you.
When you register to use our Website, we may collect the following Personal Information:
• name and surname.
• email address.
• physical address.
• gender.
• mobile phone number.
• online identifiers.
• date of birth.
• identification number.
9.3 Should your Personal Information change or you wish to amend and/or correct this Personal Information you can do this by updating your registered user information in your account profile.
9.4 You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Information from using our Platforms
When you access our Platforms, whether or not you are a registered user, Takealot processes some of your Personal Information. Depending on how you access and use our Platforms, we may receive:
• Log information, through online identifiers, including information on how, when and for how long you use our Platforms and other services, the content you view and search queries you submit.
• Information about the equipment you use to access or use our Platforms, including the type of device you are using, how you access our Platforms, your browser or operating system and your Internet Protocol address.
• The geographic location from which you accessed our Platforms, including your device’s global positioning system signal and information about nearby wifi networks and cell towers. We get this information when you use location-enabled services.
• Other information about you from third parties, such as social media.
WHY DO WE PROCESS YOUR PERSONAL INFORMATION?
We process the Personal Information we collect and receive to:
• Identify you;
• Verify your identity;
• Create a user account for you; and/or
• Enter into a contract with you.
As a registered user, we also process your Personal Information in order to:
• Fulfil our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns.
• Provide you with information, products or services you request from us.
10. changes to these terms & conditions
10.1 The Rusty Hinge may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
10.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
11. electronic communications
11.1 When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.
12. ownership and copyright
12.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of The Rusty Hinge, and is licensed to The Rusty Hinge.
12.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
12.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
13. disclaimer
13.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
13.2 Whilst The Rusty Hinge takes reasonable measures to ensure that the content of the Website is accurate and complete, The Rusty Hinge makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
13.3 The Rusty Hinge disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
13.4 In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Rusty Hinge also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of The Rusty Hinge, its employees, agents or authorised representatives. The Rusty Hinge thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
14. limitation of liability
14.1 The Rusty Hinge cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of The Rusty Hinge, its employees, agents or authorised representatives.
14.2 THE RUSTY HINGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
14.3 YOU HEREBY INDEMNIFY THE RUSTY HINGE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
15. availability and termination
15.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
15.2 The Rusty Hinge may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that The Rusty Hinge will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
15.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
15.4 The Rusty Hinge is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by The Rusty Hinge to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and The Rusty Hinge, in whole or in part, on notice to you. The Rusty Hinge shall only be liable to refund monies already paid by you (see The Rusty Hinge’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
15.5 At any time, you can choose to stop using the Website, with or without notice to The Rusty Hinge.
16. Governing law and jurisdiction
16.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
16.2 In the event of any dispute arising between you and The Rusty Hinge, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
16.3 Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
17. Notices
17.1 The Rusty Hinge hereby selects 2 Park Road, Durbanville, Cape Town, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). The Rusty Hinge may change this address from time to time by updating these Terms and Conditions.
18. Complaints
18.1 If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via sales@therustyhinge.co.za
19. Information
19.1 For the purposes of the ECT Act, The Rusty Hinge’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: The Rusty Hinge
Main business: Online retailer
Physical address for receipt of legal service (also postal and street address): 2 Park Road, Durbanville, Cape Town, 7550
Office bearers: Johannes Van Zyl
Phone number: +27 60 846 6995
Email address: sales@therustyhinge.co.za
20. General
20.1 The Rusty Hinge may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
20.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party. Any failure on the part of you or The Rusty Hinge to enforce any right in terms hereof shall not constitute a waiver of that right.
20.3 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
20.4 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
20.5 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
20.6 These Terms and Conditions contain the whole agreement between you and The Rusty Hinge and no other warranty or undertaking is valid, unless contained in this document between the parties.