1.1. Halls Co SA Proprietary Limited (Registration Number: 2019/078628/07) (“Halls”, “we”, “us” and “our”) operates and owns a website that can be utilised for the ordering of an extensive range of goods and products offered by Halls (the “Goods”). This website can be accessed at _http/s.www.hallsretail.com, (the “Website”).
1.2. These Website terms and conditions (“Terms and Conditions”) govern the use of the Website and the ordering, sale and delivery of Goods.
1.3. The Terms and Conditions create legally binding and enforceable obligations in favour of us and against every person that accesses or uses the Website (“you”, “your” or “user”). Through the use of the Website you acknowledge and undertake that you have both read the Terms and Conditions and that you agree to be bound by these Terms and Conditions.
2. IMPORTANT NOTICE REGARDING THE CONSUMER PROTECTION ACT, NO. 68 OF 2008 (the “CPA”)
2.1. These Terms and Conditions apply to users who are consumers for purposes of the CPA.
2.2. Your attention will be drawn to specific clauses of these Terms and Conditions through the use text that is in a similar style to this clause. Whilst each and every provision of these Terms and Conditions is important and serves a purpose, you should pay specific attention to such highlighted portions as the provisions of such clauses:
2.2.1. may limit our risk or liability;
2.2.2. may create risk or liability for you;
2.2.3. may compel you to indemnify us;or
2.2.4. may serve as an acknowledgement, by you, of a fact.
2.3. You must not use this Website if you do not agree to the Terms and Conditions. This is due to the fact that Halls only permits the use of this Website subject to the Terms and Conditions.
2.4. By using this Website in any way, you shall be deemed to have unconditionally accepted all the Terms and Conditions.
2.5. Where you do not understand any provision in these Terms and Conditions, it is your responsibility to ask Halls to explain it to you. It is imperative that you do this before you accept the Terms and Conditions or continue using the Website.
2.6. .Any exclusions or limitations of our liability in accordance with these Terms and Conditions do not purport to exclude our liability to you in instances of our gross negligence, or our willful default or that of any person acting for or controlled by us, or where it would otherwise be:
2.6.1. contrary to, or prohibited by, the CPA for us to do so; or
2.6.2. unlawful for us to attempt to do so.
Should you wish to return any Goods, please ensure that these are returned to us within 7 (seven) days and in their original packaging in order for us to process such return. Please note that incorrectly ordered Goods will not be processed as returns and only defective or faulty Goods may be returned to us in accordance with these Terms and Conditions.
4. Registration and use of the website
4.1. Prior to ordering any Goods from the Website you will be required to register as a user.
4.2. To register as a user, you will need to provide us with the following information:
4.2.1. full name (or company name if applicable);
4.2.2. full identity number (or company registration number if applicable);
4.2.3. VAT registration number (if applicable);
4.2.4. full name of contact person.
4.3. You agree and warrant that your username and password shall:
4.3.1. only be used for the purposes for which the account is created; and
4.3.2. not be disclosed by you to any third party.
4.4. You will be required to enter your username and password whenever ordering Goods.
4.5. You agree that irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of any orders where the correct username and password have been provided. This will be the case in every instance, save where such order is subsequently cancelled by you in accordance with these Terms and Conditions.
4.6. In the event that you are aware of, or should you reasonably suspect, any unauthorised access to or use of your username and password you must take steps to mitigate any resultant loss or harm. Such steps include, but are not limited to, immediately changing the password and/or the username.
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 Website.
4.8. Halls has a strict policy against material which is defamatory, offensive, contains or amounts to hate speech and you may not use the Website to distribute any such material.
5. Conclusion of sales and availability of Goods
5.1. Once a user has placed any order for Goods, Halls may accept or reject such order. In making a decision as to whether or not to accept the order Halls will have regard to, inter alia, the availability of Goods, correctness of the information relating to the Goods and receipt of payment in respect of the Goods and their delivery.
5.2. Dispatch/Delivery to you of the Goods will indicate acceptance by Halls of your order. In the event that you will be collecting the Goods Halls will indicate its acceptance of the order by making the Goods available for collection. Only once Halls has indicated its acceptance of the sale in accordance with the provisions of this clause will an agreement of sale between you and Halls come into effect (the “Sale”).
5.3. Provided that you have not received a dispatch or delivery note you may cancel any order at any time. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
5.4. An order is only complete once you have paid for the respective Goods (and if applicable) the cost of delivery thereof. Placing Goods in a “shopping basket” or any such similar arrangement without completing the purchase thereof does not constitute an order for such Goods. Goods in respect of which an order has not been completed may be removed from your “shopping basket” or “wish list” or have their prices changed by Halls at any point.
5.5. Stock of all Goods on offer is limited and their pricing may change at any time without notice to you. Halls will take appropriate and reasonable efforts to monitor stock levels and ensure that when stock is no longer available, any offers thereof are discontinued. Halls cannot guarantee the availability of stock. When Goods are no longer available after you have already placed an order, Halls will notify you and you will be entitled to either:
5.5.1. a refund of any amount already paid by you for such Goods; or
5.5.2. wait until the Goods ordered, or any part thereof, are back in stock and request the completion of your order. In this event you acknowledge that the remainder of the Goods making up the order may have a different purchase price and as against payment of the balance of the purchase price, if any, the Goods will be dispatched to you, or made available for collection by you.
6.1. All payment transactions facilitated by the Website are encrypted using appropriate encryption technology through third party service providers. Use of such third party services providers’ offerings is subject to their respective terms and conditions.
6.2. Payment can be made for Goods via -
6.2.1. an existing account (in which event our standard trading terms applicable to such account shall apply); and
6.2.2. via electronic funds transfer.
6.3. Subject to your payment method, you may be directed to a secure site for payment of the applicable purchase price for the Goods and their delivery.
7. Delivery of goods
7.1. Halls offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
7.1.1. courier; or
7.2. All our deliveries are operated by Third-Party logistics companies and owner-driver operators. All deliveries are subject to that companies terms and conditions available on request at email@example.com once a third party is appointed to deliver your parcels. During the “check out process” you will see the applicable delivery charges applicable to the Goods that constitute your order.
8. Errors and Omissions
8.1. Halls prides itself on its attention to detail and takes 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, or that of our employees), we shall not be liable for any loss, claim or expense relating to a transaction based on any error. Notwithstanding anything to the contrary contained in this clause, and then only in the event that the incorrect purchase price has been paid for the Goods, Halls will refund you for any overpayment in respect of an amount already paid, or otherwise as set out in the Returns Policy.
8.2. In the event that any information relating to any Goods is displayed on any third party websites, Halls shall not be bound by any incorrect information regarding such Goods.
9.1. Hall will take reasonable measures to protect your privacy.
9.2. As part of your registration on the Website we may require you to provide us with personal information which includes but is not limited to -
9.2.1. your full name and surname;
9.2.2. your ID number;
9.2.3. your email address;
9.2.4. your physical address; and
9.2.5. a contact number.
9.3. It is your obligation to ensure that your personal information remains up-to-date. In the event that such personal information changes please inform us.
9.4. Subject to clause 9.6 below, we will not, without your express consent:
9.4.1. use your personal information for any purpose other than as set out below:
18.104.22.168. in relation to the ordering, sale and delivery of Goods;
22.214.171.124. to contact you regarding current or new Goods or services;
126.96.36.199. to inform you of new features, special offers and promotional competitions offered by us; and
188.8.131.52. to your experience on our Website by, for example, monitoring what Goods you are interested in and your past purchases; or
9.4.2. disclose your personal information to any third party other than as set out below:
184.108.40.206. to our employees and/or third party service providers who interact with you for the ordering and/or delivery of Goods, and thus require such information in order to assist;
220.127.116.11. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services;
18.104.22.168. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the such information is requested or required in order to prevent harm or, to report or support the investigation into suspected unlawful activity;
22.214.171.124. to our service providers who may only use your information in connection with the services they perform for us; and
126.96.36.199. to our manufacturers or suppliers in order for them to liaise directly with you regarding any defective or faulty Goods you have purchased and which requires their involvement.
9.5. Notwithstanding anything to the contrary contained in these Terms and Conditions we are entitled to use or disclose your personal information in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights. Should any payment processed through the Website be fraudulent we are entitled to utilize or to disclose relevant personal information for the purposes of criminal investigation or for any other such similar purpose.
9.6. All of our employees, third party service providers and partners (including their employees and third party service providers) are bound by reciprocal confidentiality obligations in relation to your personal information.
9.7. Unless we are required by law to do so, we will not retain your personal information for a period that exceed the period for which it was originally needed.
9.8. Halls cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
9.9. The Website makes use of “cookies” to automatically collect information and data through the standard operation of the internet servers. Some of this information may be personal to you. Such “cookies” are in certain circumstances necessary to provide you with certain features available on our Website. Due to this if you disable the “cookies” on your browser certain features on the Website may be affected. Should you not wish for the information collected using those “cookies” to be used, you must disable “cookies” on your browser.
10. Changes to these Terms and Conditions
10.1. Halls may at any time, and without notice to you, change any of these Terms and Conditions.
10.2. Such change will apply to your use of this Website once the change is displayed on the Website. Any use of the Website by you subsequent to the change will result in you being deemed to have accepted such changes.
11. Electronic communications
Your use of the Website and subsequent sending of any emails to us will result in you being deemed to have consented to receiving electronic communications from us or any of our partners.
12. Ownership and copyright
12.1. The contents of the Website, including (without limitation) any images, advertisements, information, data, software, graphics, lay-outs, video, trade names, logos, trade-marks, designs which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including (without limitation) copyright and trade mark law. All Website Content is the property of Halls, its advertisers and/or sponsors and/or is licensed to Halls.
12.2. You may not use, distribute or reproduce the Website Content without our prior written consent.
12.3. In the event that portions of the Website Content is utilised under a licence by Halls or belongs to any third party, use of the Website will be subject to any terms and conditions which that licensor or third party imposes on Halls from time to time.
13.1. The use of the Website, and any information thereon, is conducted 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. Halls makes no representations or warranties whatsoever 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. To the extent possible in law Halls shall not be liable for any damages, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in any way connected to your access to or use of the Website.
13.4. Certain Goods sold on the Website may be under warranty. Notwithstanding this, the Website itself and all information provided on the Website is, to the extent possible in law, provided without warranty of any kind.
13.5. Any views or statements made or expressed on the Website are not necessarily the views of Halls, its directors, employees and/or agents.
13.6. Notwithstanding anything to the contrary contained in these Terms and Conditions, Halls makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, or any other data or code which is able to corrupt, or otherwise compromise the operation or security of your computer system, in any way. Save where any such risks are occasioned by the gross negligence or wilful misconduct of Halls you accept all risk associated with the existence of such viruses or any other data or code which is able to corrupt or otherwise compromise the operation of a computer system. Subject to the applicable limitations imposed in law, Halls thus disclaims all liability for any damages, loss or liability of any nature whatsoever arising out of or in any way connected with your access to or use of the Website.
14. Availability and termination
14.1. Halls may schedule routine maintenance during which the Website will be unavailable. Outside of such routine maintenance Halls will use reasonable endeavours to maintain the availability of the Website, Halls may discontinue providing the Website or any part thereof without notice to you.
14.2. Halls reserves the right to restrict your right to access or use the Website for any reason whatsoever.
15. Governing law and jurisdiction
15.1. These Terms and Conditions and our relationship and/or any dispute arising from or in any way connected with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. You hereby consent and submit to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted relating to these Terms and Conditions.
15.2. Nothing in this clause or elsewhere in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.
16.1. Halls hereby selects 176 Victoria Road, Pietermaritzburg, 3201, as its domicilium citandi et executandi for the purposes of the legal proceedings (“legal address”). Halls may change this address from time to time by updating these Terms and Conditions.
16.2. You hereby select the delivery address specified with your order as your domicilium citandi et executandi. You may change it to any other physical address situated in the Republic of South Africa by giving Halls not less than 7 (seven) days’ written notice to this effect.
16.3. Any notice must addressed to a party at its domicilium citandi et executandi or delivered by hand or sent by email to the email address as chosen by the parties hereof.
16.4. A notice will be presumed, unless the contrary is proved, to have been given:-
16.4.1. If hand delivered to a responsible person during business hours on a business day, on the day of delivery;
16.4.2. if sent by email, on the first business day following the date of sending of such email.
16.5. Notwithstanding anything to the contrary contained herein a written notice or communication actually received by a party shall be an adequate written notice of communication notwithstanding that it was not sent to, or delivered at its chosen domicilium citandi et executandi.
17.1. If you have a complaint about the Goods or the Website please get in touch with us via our call centre on +2733 394 3976 or email firstname.lastname@example.org
No remedy conferred by this Terms and Conditions is intended to be exclusive of any other remedy which is otherwise available at law, by statute or otherwise. Each remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, by statute or otherwise. The election of any one or more remedies shall not constitute a waiver by such party of the right to pursue any other remedy.
If any provision of these Terms and Conditions is rendered void, illegal or unenforceable in any respect under any law it shall be severable from these Terms and Conditions, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the parties shall endeavour in good faith to agree an alternate provision to the void, illegal or unenforceable provision.
Save as otherwise expressly provided, no agreement to amend, add to or otherwise vary or waive any of the provisions of these Terms and Conditions shall be effective unless made in writing and duly signed by the parties or on their behalf by their duly authorised agents.
18.4. Entire Agreement
These Terms and Conditions, together with any documents incorporated by reference, constitutes the entire agreement between the parties in regard to the use of the Website. Neither Halls nor you shall have any claim or right of action arising from any undertaking, representation or warranty not included in these Terms and Conditions.
No indulgence, leniency or extension of time which Halls or you ("the Grantor") may grant or show the other, shall in any way prejudice the Grantor or preclude the Grantor from exercising any of its rights in the future.
18.6. No Waiver
The failure by Halls to enforce any provision of these Terms and Conditions shall not affect in any way Hall’s right to require performance of the provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of such breach and rights that may arise from such breach.
18.7. Assignment and Cession
You may not cede or assign any of your rights or delegate any of your obligations under these Terms and Conditions without the prior written consent of Halls