GENERAL TERMS and CONDITIONS of SWIER

1. Introduction
2. Welcome to Swier
3. Terms and Conditions
4. Return Policy and Refund Policy
5. Protection of Privacy Information
6. Online Security
7. Our Rights
8. Complaints Procedure
9. Costing Structure
10. Payment Options
11. Availability of Stock
12. Coupons and Vouchers
13. Delivery
14. Agreement of Sale
15. Contact Information
16. Notices
17. Governing Law
18. Changes to these Terms and Conditions
19. Ownership and Copyright
20. Disclaimer
21. Availability and Termination
22. Conclusion

1. Introduction

1.1 Thank you for taking the time to read the General Terms and Conditions of Swier. We certainly hope that your shopping and general experience of the Swier website will be pleasant and that the website will meet your full expectations.
1.2 As we (Swier) is operating in South Africa, local South African laws will apply in the case of any, unfortunate dispute.
1.3 As a business, we are subjected to several laws and at Swier we aim to operate within the guidance of all applicable laws, rules and regulations. We invite you to contact us and inform us if you feel that we do not operate within specific laws, rules or guidelines. We will welcome any correspondence that will assist us to improve our product offering, distribution or any general systems and / or processes.

2. Welcome to Swier

2.1 This website, www.swier.co.za is the intellectual property of Swier Pty Ltd. The business is registered with the Companies and Intellectual Properties Commission (CIPC) and with the South African Revenue Services (SARS). The company Swier, is an online retailer and is responsible for the set up and maintenance of this website.

3. Terms and Conditions

3.1 These terms and conditions govern the online ordering, sale, payment and delivery of goods that are available on this website.

3.2 This website, www.swier.co.za enables you to shop online for an extensive range of goods including but are not limited to scatter cushions, table runners, aprons, table cloths, napkins, tea tray covers, ottomans, handbags, masks, snoots, gym pants and other related home decorating items.

3.3 These terms and conditions are binding and enforceable against every person that access or uses this website, www.swier.co.za (“you”, “your” or “user”). By using this website, you acknowledge that you have read and agree to be bound by these terms and conditions.

3.4 These terms and conditions apply to users who are consumers for the purpose of the Consumer Protection Act, 68 of 2008 (the “CPA”) or any new Act that was promulgated before these terms and conditions were/is updated.

3.5 If there is any provision in these terms and conditions that you do not understand, it is your responsibility to ask staff at Swier, to explain it to you before you proceed with a transaction on this website. You can email Swier, at online@swier.co.za, for further assistance.

3.6 By using this website you acknowledge 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 this 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.

3.7 These terms and conditions contain the whole agreement between you and Swier, and no other warranty or undertaking is valid, unless contained in this document between the parties.

3.8 No addition, variation, 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.

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

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

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

3.12 In its sole discretion, at any time and for any reason and without prior notice, Swier, may suspend or terminate the operation of this website and service or the user’s right to use this website or any of its contents subject to us processing any orders then already made by you.

3.13 Nothing in these terms and conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act.

3.14 This website may have functionality that is not compatible with your hardware including computer, operating system, web browser or mobile device.

3.15 Content published on this website should not be regarded as professional advice or the official opinion of Swier, we advise and recommend that you obtain professional advice before taking any action.

3.16 Swier may, in its sole discretion, change this agreement or any part of it without prior notice.

3.17 At any time, you can choose to stop using the website, with or without official notice to Swier.

4. Return and Refund Policy

4.1 Please refer to the page; Return Policy.

5. Protection of Privacy Information

5.1 Please refer to the page; Protection of Privacy Information

6. Online Security

6.1 By using this website, www.swier.co.za 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 this website. Furthermore, you also agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify this website or the information contained herein.

6.2 Credit card transactions are processed by Payfast who specialises in online payment processing. Payfast is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Payfast Internet servers are protected by firewalls and intrusion detection systems. If the bank does not authorise the credit card payment then the order will be automatically cancelled.

6.3 Swier, does not store any banking details of any user, nor do we have access to any secure banking information.

6.4 Swier will take reasonable steps to ensure the security of the website at all times.

6.5 All credit card transactions are Secure Socket Layers encrypted by Payfast credit card processing systems.

6.6 In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

7 Our Rights

7.1 We reserve the right to:

7.1.1. Modify or withdraw, temporarily or permanently, this website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of this website.
7.1.2 Change to these terms and conditions may occur from time to time. It is your (the user’s) responsibility to make sure that you understand the terms and conditions at all times. You will not be eligible for any compensation because you cannot use any part of this website or because of a failure, suspension or withdrawal of all or part of this website due to circumstances beyond our control.

8. Complaints Procedure

8.1 In the unfortunate event of a complaint please email Swier to online@swier.co.za.

8.2 When you are compiling the email as described above (8.1), please provide as much information as possible.

9. Costing Structure

9.1 The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price will be displayed.

9.2 Swier is not a VAT vendor and VAT will not be charged.

10. Payment Options

10.1 All transactions on this website will be processed in South African Rands (ZAR). We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology by Payfast who is a 3rd party online payment processing company.

10.2 Credit card payments:

10.2.1 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
10.2.2 Payment is only collected when the order is completed.
10.2.3 To protect the interest of Swier and the interests of customers Swier evaluates all transactions very carefully to prevent attempted fraud and a transaction may be refused if Swier is not satisfied or question the legitimacy of the transaction in question.

10.3 Bank deposit payments (where applicable)

10.3.1 Where applicable If the buyer selects the ‘bank deposit’ button, instructions will be given on how to deposit monies into the Swier bank account and would be subjected to the following rules:
10.3.1.1 The exact amount must be paid.
10.3.1.2 The payment must be identified by supplying the invoice number and surname in the reference section of the deposit slip or on the electronic transfer.
10.3.1.3 Cheque deposits are subject to a clearing period-usually 10 working days.
10.3.1.4 No bank deposits are accepted from outside the borders of South Africa.
10.3.1.5 Unpaid bank deposit orders are cancelled after five working days.

10.4 We accept Master Card and Visa Credit cards.

10.5 We at Swier shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of goods on this website. However, should there be any errors of whatsoever nature on this website (which are not due to our 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.

11. Availability of Stock

11.1 Stock of all goods on offer are limited. Swier shall take all reasonable efforts and actions to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Swier should only be liable to refund monies where it is unable to fulfil orders at displayed prices.

11.2 Adding a product to your cart, or completing your order without paying for it, does not reserve the item for you. Swier must receive payment from you within 3 days of you placing your order, otherwise we will cancel your order.

12. Coupons and Vouchers

12.1 The Swier website may, from time to time, make available a number of electronic vouchers by different channels, including this website, emails (if you subscribed), Facebook or any other social media channel. These vouchers are only available for a specific period and users should take note of these periods.

12.2 Coupons and Vouchers cannot be exchanged for cash or transferred to another person.

12.3. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).

12.4 Coupons are issued in Swier’s sole discretion and we are entitled at any time to correct, cancel or reject a coupon for any reason (including without limitation where a coupon has been distributed in an unauthorised manner). Users do not have a right to coupons, and coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

12.5 As a general rule, and unless specified otherwise on the specific coupon itself:

12.5.1 each coupon can only be used once;
12.5.2 only one coupon can be used per order;
12.5.3 only one coupon can be used on the website per person per promotion/campaign;

12.6. Coupons cannot be used to buy gift vouchers or other coupons.

13. Delivery

13.1 Delivery will be indicated on the invoice of your order.

13.2 Swier delivers to addresses within South Africa. Orders beyond the borders of South Africa will be communicated directly to the client to make special arrangements. Additional delivery charges will be determined and communicated to the purchaser for approval.

13.3 Delivery periods are calculated based on business days only.

13.4 The delivery process will only commence once Swier has received the required payment for the order.

13.5 Swier makes every effort to ensure that the information supplied on this website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the purchaser / user.

13.6 Swier endeavour to deliver all orders within 5-21 working days once an order is complete.

13.7. Swier’s Obligation to deliver a product to you is fulfilled when we deliver the product to the physical address confirmed by you for delivery of the order. Swier is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address confirmed by you.

13.8. Prior to delivery or your collection of the products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the products, you may return it only in accordance with the Returns Policy.

14. Agreement of Sale

14.1 Placing an item in a the shopping basket or adding it to a wish list without completing the purchase cycle does not:

14.2 Constitute an agreement of sale between Swier and users cannot hold Swier liable if such items are not available when the purchase process is completed later and/or constitute an order for such an item; and

14.3. Swier may remove such an item from the shopping basket or wish list if no stock is available. An agreement of sale between Swier and a user only comes into effect if and when:

14.3.1 a credit card authorisation is received from the issuing bank; or
14.3.2 a deposit of an electronic transfer is reflected on the Swier bank statement (and only if such payment is received within 3 (three) business days after completion of the purchase process;

14.4 Swier reserves the right to refuse to accept and/or execute an order.

14.5 Swier also reserves the right to terminate orders in whole or in part as circumstances dictate. Swier shall only be liable to refund monies already paid by the user.

14.6 Swier shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices or costs, Swier will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies already paid.

15 Contact Information

15.1 Swier can be contacted as follows:

15.1.1 Via Email by sending an email to: online@swier.co.za
15.1.2 Via mobile phone, 072 606 9964 or 082 575 6996

16. Notices

16.1. Electronic notices can be emailed to online@swier.co.za. Email communication between you and online@swier.co.za must make use of the “Read Receipt” function to serve as proof that an email has been received.

16.2 Please contact Swier at online@swier.co.za.to make arrangements for the delivery of other forms of notices or correspondence.

17. Governing law and jurisdiction

17.1. In the event of any dispute arising between you and Swier, 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.

18. Changes to these Terms and Conditions

18.1. Swier 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 and in agreement with these changes. Should you not be satisfied, you must not place any further orders on, or in any other way use this website and associated services.

18.2. 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 and / or amendments.

19. Ownership and copyright

19.1. The contents of this 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 referred to as Website Content are protected by law, including but not limited to copyright and trade mark law. The website content is the property of Swier, its advertisers and/or sponsors and/or is licensed to Swier.

19.2. You will not acquire any right, title or interest in or to the website or any related content.

19.3. Any use, distribution or reproduction of this 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 us.

19.4. Where any of the website content has been licensed to Swier 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.

20. Disclaimer

20.1 Swier 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 this website and/or any content therein unless otherwise provided by law.

20.2. Although products sold from this website may, under certain specifically defined circumstances, be under warranty, this website itself and all information provided on this 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.

20.3. Swier makes no warranty or representation, whether express or implied, that the information or files available on this 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 Swier , its employees, agents or authorised representatives. Swier 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.

21. Availability and termination

21.1. Swier will use reasonable endeavours to maintain the continues availability of this website, except during scheduled maintenance periods, and are entitled to discontinue providing the website or any part thereof with or without notice to you.

21.2. Swier is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing this website and/or have created multiple user profiles to take advantage of a promotion or coupon intended by Swier to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to this website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Swier, in whole or in part, on notice to you. Swier shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

22. Conclusion

22.1 We will welcome any comments with regards to the above Terms and Conditions. Please email your comments, suggestions or questions to online@swier.co.za

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