1.1. The website that is accessed through www.thestorer.co, (the “Website”) and is owned and operated by MAKS AND BLAZE (PTY) LTD REG: 2014/017086/07 Trading As ”The Storer” (“The Storer “, “MAKS AND BLAZE”,“we”, “us” and “our”).
1.2. The Website’s Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website and 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 accessing the Website and by Registering and/or Sign up to use the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.3. The Website enables you to shop online for an extensive range of goods (“Goods”). Goods as defined by any product sold online or that can we sold online by The Storer, not limited to extensive range of Homeware, Lifestyle, Clothing and Accessories.
1.4. Please note that “Day(s)” referred to in this Terms and condition or on the Website are to be deemed “Business days”, unless otherwise specified. The Storer draws your attention that all goods are handmade in various family craft workshops and some goods are imported from various countries across the world. These good may vary in colour, size, shape and appearance from the specifications and image on the site. The Storer will specify and advertise good to the best of their ability but the The Storer is not liable if same varies.
1.5 .You warrant by using and/or accessing the Website that you are 18 (eighteen) years of age or older and that you are of full legal capacity. If your age is under 18 (eighteen) years you are not permitted to legal enter into a binding agreement. You are permitted to use the Website only with the 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.
1.6. You are not allowed in any way to use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. Furthermore, 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 Company representative.
1.7. You are not allowed in any way to copy, post, display, print, publish or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative. You are not allowed to use the Website to distribute material which is offensive, defamatory, contains or amounts to hate speech or otherwise be deemed to be unlawful.
1.8. The Storer can, at any time, in sole discretion, and for any reason we may deem fit, and without prior written notice, terminate or suspend the operation of the Website or 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.
1.9. The failure on any part or form by you or The Storer to enforce any rights in terms hereof shall not constitute a waiver of that right.
1.10. No relaxation, indulgence, latitude, extension of time or relaxation 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 right 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.
- Amendments to these terms and conditions
2.1. The Storer can, in its sole discretion, amend any of these Terms and Conditions at any time. The onus is on you to regularly check the Terms and Conditions to ensure that you are satisfied with any of these amendments. Should it be that you are not satisfied, you must not place any further orders on, or in any other way use, the Website. These amendments will apply to your use of this Website after the change is displayed on the Website. If it may be that you use the Website after such amended Terms and Conditions have been displayed on the Website, it shall be deemed that you have accepted such amendments.
2.2. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force of effect in writing and accepted by or on behalf of the parties hereto.
2.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
2.4. These terms and conditions contain the whole agreement between you and The Storer and no other warranty or undertaking is valid, unless contained in this document between the parties.
- Consumer Protection Act
3.1. 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 :
3.1.1. serves as an acknowledgement, by the user, of a fact and/or
3.1.2. may limit the risk or liability of The Storer; and/or
3.1.3. may compel the user to indemnify The Storer; and/or
3.1.4. may create risk or liability for the user.
3.2. 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 Storer in terms of the CPA
3.3. These Terms and Conditions are very important and should be carefully noted. Your attention is drawn to them as of great importance.
3.4. The Storer permits the use of this Website subject to the Terms and Conditions. You are not permitted to use this Website if you do not agree 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.
3.5. If any provision in these Terms and Conditions are of the extent that you do not understand then, the onus is on you to ask The Storer to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Availability and termination
4.1. We will utilize sensible attempts to keep up the accessibility 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.
4.2. The Storer may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Company 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 and to the extent possible.
4.3. 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, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- Returns Policy
5.1. Unwanted Products
You can return an unwanted product provided:
5.1.1. The goods are undamaged and unused, with the original labels and stickers still attached;
5.1.2. The goods are still in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable);
5.1.3. The goods are not missing any accessories or parts;
5.1.4. You log a return with the Storer within 14 days of receiving the product.
A refund will be issued for returns logged within 7 days of being received.
A credit note will be issues for returns logged within 7-14 days of being received.
A 7% handling fee will be deducted for all returns, and returns are at the customer’s cost.
Once The Storer has inspected the goods and validated your return, we will issue you with a refund or credit note within 8 days. We are entitled to refuse a return if the unwanted product is returned damaged, not in a re-saleable condition or missing any accessories.
If The Goods delivered to you were accidentally the wrong Goods or The Goods are missing accessories, please notify us as soon as possible. Once we have inspected The Goods and validated your return, The Storer will, at your choice, deliver the correct product to you as soon as possible (if the correct product is available); or credit you with your money back with the purchase price of the product within 8 days of the return.
5.2. Goods not eligible for returns
Goods that are not eligible for a refund or exchange will be marked clearly in the product description online. Note that The Storer holds the right to refuse returns on goods deemed to be ineligible good for return.
Please note that handmade items may vary in colour and size due to the individual production by the artisan by hand and are not eligible for return because of this.
5.3. Goods damaged on delivery
Should a product be damaged at the time of deliver, please notify us of such delivery by logging a return with us. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product as soon as possible (if such repair / replacement is possible) or reimburse you with the purchase price of the product by way of a credit note. Credits and refunds are normally handled within 8 days of logging the return (bear in mind that refunds can take 1-4 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.
5.4. Defective products
The following will NOT be regarded as defects and will not entitle you to a return under this section 5:
5.4.1 faults resulting from normal wear and tear;
5.4.2 damage arising from negligence, user abuse or incorrect usage of the product;
5.4.3 damage arising from electrical surges or sea air corrosion;
5.4.4 damage arising from a failure to adequately care for the product;
5.4.5 damage arising from unauthorized alterations to the product; and
5.4.6 where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.
- Registration on the Website
6.1. Only registered users may order Goods on the Website.
6.2. You agree that your account will be used solely for your own personal use and not disclose any of your information regarding your account nor allow any third party to use your account.
6.3. You agree that if you place an order using your register account, irrespective of whether the use of the account is unauthorised or fraudulent, you will be liable for the transaction made under such account and deemed to have entered into a valid sales agreement in accordance with these Terms and Conditions.
6.4. You agree to notify The Storer immediately upon becoming aware of or reasonably suspecting any unauthorised access to your account and to take steps to mitigate any resultant loss or harm.
7. Concluding a Purchase and availability of stock
7.1. Registered users may place orders for Goods, which The Storer may accept or reject. Whether or not we 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 The Storer for the Goods.
7.2. The Storer will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and The Storer come into effect (the “Sale”). This is regardless of any communication from The Storer stating that your order or payment has been confirmed. The Storer will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
7.3. 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 of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
7.4. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by The Storer, The Storer 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 placing an order, The Storer will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
- Delivery and shipping of goods
8.1. The Storer has one form of delivery of goods to you, which is via courier.
8.2. Please see details of our delivery and shipping in our FAQ: Shipping Information, which is incorporated by reference.
8.3. Orders will be couriered at a flat rate of R150 to major cities. Some items may carry additional delivery fees based on the fact that some goods may be heavy/large and/or location(delivery is outside the mentions major cities). These additional fees will be communicated if applicable.
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.
10.1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.
10.2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to :
10.2.1. Your name and surname;
10.2.2. Your email address;
10.2.3. Your gender;
10.2.4. Your mobile number; and
10.2.5.Your date of birth
10.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
10.4. 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.
10.5. Subject to clause 10.6 below, we will not, without your express consent:
10.5.1 use your personal information for any purpose other than as set out below:
10.5.1.1. in relation to the ordering, sale and delivery of Goods;
10.5.1.2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
10.5.1.3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
10.5.1.4. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
10.5.2. disclose your personal information to any third party other than as set out below:
10.5.2.1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
10.5.2.2. 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, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us); and
10.5.2.3. to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement.
10.6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
10.7. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.
10.8. We will –
10.8.1. treat your personal information as strictly confidential;
10.8.2. 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;
10.8.3. provide you with access to your personal information to view and/or update personal details;
10.8.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
10.8.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
10.8.6. upon your request, promptly return or destroy any and all of your personal information in our possession or control; and
10.8.7. 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.
10.9. The Storer undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, The Storer reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
10.10. Whilst we will do all things reasonably necessary to protect your rights of privacy, we 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.
10.11. 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 The Storer, The Storer 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.
- Linked third party websites
11.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and The Storer is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
11.2. Notwithstanding the fact that the 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.
12.1. The Storer hereby selects Suite 8, Block C, Willow Wood Office Park. 220 3rd Ave, Fourways, Johannesburg 2191 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). The Storer may change this address from time to time by updating these Terms and Conditions.
12.2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving The Storer not less than 7 days’ notice in writing.
12.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
12.3.1. by hand will be deemed to have been received on the date of delivery;
12.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
12.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
12.3.4. by email will be deemed to have been 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.
13 The Storer information
For the purposes of the ECT Act, The Storer’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
13.1. Full name: The Storer, a division of MAKS AND BLAZE (PTY) LTD, a private company registered in South Africa with registration number 2014/017086/07
13.2. Main business: Online retailer
13.3. Physical address for receipt of legal service (also postal and street address): Suite 8, Block C, Willow Wood Office Park. 220 3rd Ave, Fourways, Johannesburg 2191 (marked for attention: CEO and Legal)
13.4. Phone number: [0027 11 679 2926]
13.5. Official email address: [firstname.lastname@example.org]
- Electronic communication
- Ownership and copyright
15.1. 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 Storer, its advertisers and/or sponsors and/or is licensed to The Storer.
15.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
15.3. 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. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at [0027 11 679 2926] or e-mail [email@example.com].
15.4. Where any of the Website Content has been licensed to The Storer or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
16.1. 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.
16.2. Whilst The Storer takes reasonable measures to ensure that the content of the Website is accurate and complete, The Storer 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.
16.3. The Storer disclaims liability for any damage, loss or liability, 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.
16.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
16.5. Any views or statements made or expressed on the Website are not necessarily the views of The Storer, its directors, employees and/or agents.
16.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Storer 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 Storer, its employees, agents or authorised representatives. The Storer thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
- Limitation of liability
17.1. The Storer 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 Storer, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [firstname.lastname@example.org] or by contacting [0027 11 679 2926].
17.2. The Storer 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.
17.3. You hereby indemnify The Storer 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.
- Governing law and jurisdiction
18.1. 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.
18.2. In the event of any dispute arising between you and The Storer, you hereby consent to the non-exclusive jurisdiction of the Regional Magistrate’s Court of the Republic of South Africa (Gauteng Division, Randburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.