Terms of service

Smart Spaces — Terms & Conditions

Smart Spaces (Pty) Ltd (Registration No. 2015/079154/07) Website: shop.smartspaces.co.za Email: sales@smartspaces.co.za Tel: 021 510 0891 Address: Unit 1, 7 Gold Street, Northgate Business Park, Brooklyn, Cape Town, 7405

1. IMPORTANT NOTICE AND ACCEPTANCE OF TERMS

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA").

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

may limit the risk or liability of Smart Spaces or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Smart Spaces or a third party; and/or
serve as an acknowledgement, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Smart Spaces to explain it to you before you accept the Terms and Conditions or continue using the Website. 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 Smart Spaces in terms of the CPA.

Smart Spaces 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.

2. REGISTRATION AND USE OF THE WEBSITE

You may only register to use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.

Should you wish to register as a user, you must provide a unique username and password and provide certain information and personal details to Smart Spaces.

You agree and warrant that your username and password shall:

be used for personal use only; and
not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

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.

You agree to notify Smart Spaces 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.

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.

You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not 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 Smart Spaces representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Smart Spaces representative.

3. OWNERSHIP AND COPYRIGHT

The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Smart Spaces.

No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.

4. LINKED THIRD PARTY WEBSITES

This Website may contain links or references to other websites ("Third Party Websites") outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Smart Spaces is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

Notwithstanding the fact that this Website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

5. PRIVACY POLICY

We respect your privacy. Should you decide to make use of our Website, the only personal information that we will require of you is the following:

your name and surname;
your email address;
your physical address.

It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.

This Website makes use of "cookies" to automatically collect information and data through the standard operation of the Internet servers. "Cookies" are small text files a website can use to recognize repeat users, facilitate the user's ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note however that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.

You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.

Smart Spaces will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –

required in order to comply with applicable law, order of court or legal process served on Smart Spaces; and/or
disclosure is necessary to protect and defend the rights or property of Smart Spaces.

We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

We will –

treat your personal information as strictly confidential;
take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
upon your request, promptly return or destroy any and all of your personal information in our possession or control.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Smart Spaces, SMART SPACES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

6. DISCLAIMER AND LIMITATION OF LIABILITY

Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

Smart Spaces shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the Website and/or any linked third party website.

You hereby indemnify Smart Spaces 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.

7. CHANGES TO THESE TERMS AND CONDITIONS

Smart Spaces reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

8. AVAILABILITY AND TERMINATION

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

Smart Spaces may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Smart Spaces will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.

9. GOVERNING LAW

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.

TERMS AND CONDITIONS OF SALE

1. SALE OF GOODS

Once you complete a purchase, these Terms and Conditions of Sale form a legally-binding agreement between you and Smart Spaces. You may contact us via email at sales@smartspaces.co.za or by phone on 021 510 0891 to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.

2. CONCLUSION OF SALES AND AVAILABILITY OF STOCK

Registered users may place orders for Goods, which Smart Spaces may accept or reject. Whether or not Smart Spaces accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Smart Spaces for the Goods.

NOTE: Smart Spaces will indicate the acceptance of your order by confirming and accepting such order by email, and only at that point will an agreement of sale between you and Smart Spaces come into effect (the "Sale"). Smart Spaces will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. We reserve the right to cancel an order even after sending automated confirmation mails, if the information of the sale is incorrect and cannot be rectified within any reasonable means (such as gross pricing errors) or a mutual agreement between Smart Spaces and the customer.

Prior to delivery or your collection 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.

Smart Spaces may at our sole discretion make available and retract product discounts, special discounts, or any promotional campaigns of our choice. These campaigns are subject to our terms and at no point are you eligible for discounts or the terms thereof based on your own assumptions. Smart Spaces does not allow the combination of various discounts, unless specifically so indicated.

Placing Goods in a wishlist or shopping basket without completing the purchase cycle 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 Smart Spaces 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.

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 Smart Spaces, Smart Spaces will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, 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, Smart Spaces will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

3. PAYMENT

Payment can be made via the Website by –

credit card;
direct bank deposit or electronic funds transfer (EFT), in which event, you must make payment within 5 days of placing your order, and Smart Spaces will not execute the order until receiving confirmation that payment has been received;
Instant electronic fund transfer (EFT), in which event you will make payment during the order process and will be notified immediately when payment has been made, ensuring goods can be dispatched without delay;
any other payment method made available by Smart Spaces from time to time on the Website checkout.

Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

4. PRIVACY

We take the security of your payment and personal information seriously. In this regard, you will be provided with a security certificate once you accept these Terms and Conditions of Sale. All personal information that you provide to us is subject to our Privacy Policy.

However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, we will not be liable for any loss or damages arising from third parties' unauthorised access of your data.

5. DELIVERY AND CANCELLATION

Smart Spaces will deliver the Goods to you as soon as reasonably possible, but no later than 30 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 days of receiving such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver the Goods during the Delivery Period.

6. RETURNS

Goods may be returned for a full refund or exchange within seven (7) days from receipt of shipment or collection where such goods are defective or unused. If Goods are found to be defective, this must be reported as soon as reasonably possible after the Goods have been delivered to you, by emailing sales@smartspaces.co.za or calling 021 510 0891.

Notwithstanding the above, the following Goods will not be eligible for refund or exchange:

Special order Goods;
Pre-owned Goods;
Goods previously used for demonstration purposes and which have been marked as such;
Goods which have incurred physical damage.

Any used or open items for which a refund or exchange has been requested will incur a handling fee of 25%.

If the Goods have been approved for return:

You will be entitled to indicate whether you wish to exchange the item or receive a refund. Should you elect to select a full refund, such refund will be made to you within 30 days of the date of acceptance of refund.
We will notify you and either arrange for our couriers to collect the item from you or ask you to return the item to our current warehouse location, dependent on your original order's shipping method.

7. BREACH

If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:

any amounts that may be due to it in terms of this agreement; and
any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

8. GOVERNING LAW AND JURISDICTION

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.

In the event of any dispute arising between you and Smart Spaces, 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.

Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

9. NOTICES

Smart Spaces hereby selects Unit 1, 7 Gold Street, Northgate Business Park, Brooklyn, Cape Town, 7405 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions of Sale ("domicilium"). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days' notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent –

by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by email will be deemed to have been received on the date indicated in the "Read Receipt" notification.

All email communications between you and us must make use of the "read receipt" function to serve as proof that an email has been received. Email notices to Smart Spaces should be addressed to sales@smartspaces.co.za.

10. GENERAL

Smart Spaces 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.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions of Sale to any third party.

Any failure on the part of you or Smart Spaces to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

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 estopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

These Terms and Conditions of Sale, read together with the Terms and Conditions of Use of the Website and our Privacy Policy, contain the whole agreement between you and Smart Spaces and no other warranty or undertaking is valid, unless contained in this document between the parties.

Contact Smart Spaces Website: shop.smartspaces.co.za Email: sales@smartspaces.co.za Tel: 021 510 0891