1. WHO WE ARE
www.lmda.co.za (“the site”) is owned and operated by LMDA Lifestyle PTY Ltd, a private company incorporated in the Republic of South Africa. Our details are as follows:
Company Registration Number: 2019/468273/07
VAT Registration Number: n/a
Physical Address: 15 on Orange, Gardens, Cape Town, South Africa
Contact Number: +27660435059
Email Address: firstname.lastname@example.org
In these terms, where we refer to:
2.1. a “customer”, we refer to any customer who purchases a product from a vendor via the site;
2.2. a “user”, we refer to any person who uses the site and/or our services, including vendors and customers; and
2.3. a “vendor”, we refer to any vendor that has a membership with us entitling them to advertise and sell products via the site.
3.1. We provide an online marketplace for lifestyle products and other services. Vendors can, amongst other things, sell products, services and tickets to event(s) (“products”) to customers via the site.
3.2. These terms apply to all visitors to and users of the site and shall apply in respect of all orders placed on the site for the sale and/or supply of products. When you sign up for a membership, create an account on the site (or use the site in any way), list products for sale on the site, submit an order via the site, give us any delivery instruction, or accept delivery of any product, this constitutes your unqualified acceptance of these terms.
3.3. These terms are governed by the laws of the Republic of South Africa.
3.4. Persons under the age of 18 may not use the site unless under the direct supervision of their parent(s) or legal guardian(s).
4. WE ARE NOT THE PRODUCT
4.1. All products listed on the site are provided by vendors, and we are independent from all vendors.
4.2. We act as a limited agent, solely for the purpose of using our third party payment service providers to collect payments made by customers on the site, and passing the agreed portion of such payments to the relevant vendor.
4.3. While we facilitate the transaction between the customer and the vendor, the contractual relationship is between the customer and the vendor. We are neither the buyer nor the seller of the products in any transaction, and we do not manufacture, create, or control products, their prices or their availability. Accordingly, we cannot, and do not guarantee the accuracy of product descriptions, and we are not responsible for any inaccuracy, unavailability, cancellations or changes in pricing that may occur.
4.4. We may assist vendors in handling returns and refunds in accordance with these terms, the Consumer Protections Act 68 of 2008 (“CPA”) and/or the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”). However, should a claim escalate into being a dispute, although we are entitled to assist in attempting to resolve it, we are not obliged to, and ultimately, any disputes must be resolved between the customer and vendor.
4.5. Vendors are responsible for what is published on their dashboard. Vendors must ensure that they take appropriate measures to verify the accuracy of information before posting it on their dashboard. This being said, information, ideas and opinions expressed on the site should not be regarded as professional advice, and nothing posted on a vendor’s dashboard must be construed as being the opinion of LMDA. Customers are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the site.
5. CUSTOMER ACCOUNTS
5.1. To purchase a product, you must first register an account on the site.
5.2. The amount to be paid for a product, the VAT plus the applicable delivery costs will be visible at checkout. Unless otherwise stipulated on the site, all charges are in South African rand.
5.3. You must finalise your order by paying on the site. Payments via the site are facilitated through the PayGate payment gateway. You may select whether to pay by credit card or via the PayGate EFT functionality. All card payments processed through PayGate in South African are passed through a 3D-Secure authentication system.
5.4. You must not submit details of a payment card unless you are fully entitled to use that card.
5.5. You warrant and undertake to and in favour of us that all payment details provided to us are correct, and that there are sufficient funds/facilities on the payment card to pay for the product, the VAT and the delivery costs associated with an order. We reserve the right to validate your payment details before delivering a product to you.
5.6. The agreement of sale between a customer and a vendor comes into effect on delivery of a product to the customer, regardless of any prior communication.
5.7. Please contact us at email@example.com immediately if you realise you have made a mistake with an order after submitting it. We will attempt to rectify the mistake, but cannot guarantee that we will be able to amend the order in accordance with your instructions.
5.8. Placing a product in your cart without completing the sale at checkout does not amount to a sale. We cannot be held responsible if a product you have added to your cart becomes unavailable before you have completed the purchase.
5.9. You acknowledge that stock of products is limited to availability and prices may change at any time without notice to you. Where products(s) are no longer available after you have placed an order, we will notify you as soon as possible, and you will be entitled to a refund of any amount already paid by you for such product(s).
6.1. We will use our best endeavours to deliver products to you within 7 business days, Products can only be delivered to physical addresses, and not PO boxes.
6.2. International deliveries may take between 7-12 business days. You will be liable for customs and international delivery fees for international orders.
6.3. We will let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
6.4. On delivery of a product, you may be required to sign to indicate acceptance of the product. You undertake and agree to inspect the product for any obvious faults, defects or damage before signing for delivery. You need to keep receipt of the delivered products in case of future discussions with us about it.
6.5. It may not be possible for us to deliver to certain locations. If this is the case, we will contact you and arrange for cancellation of your order, or delivery to an alternative delivery address.
6.6. All risk in a product passes to you on delivery. Once risk passes to you, we are no longer liable for loss or destruction of the product.
6.7. You must take care when opening a product so as not to damage it.
6.8. You must ensure that you are available to receive the product on delivery, without delay at any time reasonably specified by us. If you are not available to take delivery, we may have to arrange re-delivery. Any additional costs that may be incurred in respect of re-delivery with be for the customer’s account.
6.9. If delivery is delayed because of your unreasonable failure to accept delivery, then we may (without affecting any other right or remedy available to us):
6.9.1. charge you a reasonable storage fee and/or charge you for any other costs reasonably incurred by us; and/or
6.9.2. cancel your order and refund to you or your bank, any money already paid to us, less our reasonable administration charges (including all applicable storage and re-delivery fees).
6.10. Neither us, nor the vendors warrant that a product will meet your individual requirements.
7. CANCELLATION BY US
We may refuse to accept or process payment on any order and/or cancel any order, in whole or in part, if we suspect fraud, if a product is not available for any reason, and/or for any other reason in our reasonable discretion. We will notify you if this is the case and return any payment that you have made. We accept no liability which may arise as a result of a cancellation of any order.
8. RETURNS AND EXCHANGES
8.1. Returning Defective Products
8.1.1. You may return a defective product within a period of 6 months from the date that it was delivered to you.
8.1.2. To return a defective product:
126.96.36.199. you must inform us of the defect via the site or via an email to firstname.lastname@example.org as soon as possible upon becoming aware of the defect, but in any event, no more than 6 months from delivery. We may request further details of the alleged defect as well as the details relating to your order;
188.8.131.52. you must keep the product in the same condition until we collect it from you for inspection;
184.108.40.206. we will inspect the product and, if it is indeed defective, it will either be replaced by the vendor, or you will be granted a refund by the vendor (in accordance with your rights in terms of the CPA and/or ECTA).
8.1.3. If, upon inspection of the product, we find that the product is not defective, you will not be entitled to a refund or a replacement, and we will not repair the product. You will be liable for the cost of re-delivering the product to you.
8.1.4. The following will not be regarded as a defect:
220.127.116.11. faults resulting from normal wear and tear;
18.104.22.168. damage arising from negligence, abuse or incorrect usage;
22.214.171.124. damage caused by an electrical surge;
126.96.36.199. damage arising from failure to take adequate care in handling the product; or
188.8.131.52. where the specifications of a product, although accurately described on the site, do not suit you.
8.2. Returning / Exchanging Non-Defective Products
8.2.1. You may:
184.108.40.206. exchange a non-defective product for the same product in an alternative size; or
220.127.116.11. return a non-defective product and obtain a refund for a period of 7 days from the date that it was delivered to you.
8.2.2. To exchange or return a non-defective product:
18.104.22.168. you must request the exchange or return via the site or by emailing email@example.com within 7 calendar days of your receipt of the product;
22.214.171.124. you will need to arrange the return of the product to us (and will be liable for the cost of returning the product to us); and
126.96.36.199. the product must be in the original packaging and must not have been damaged when we collect it.
8.2.3. We do not process returns or issue replacements or refunds in respect of:
188.8.131.52. food, beverages and/or consumables;
184.108.40.206. products personalised and/or otherwise made to a customer’s specifications;
220.127.116.11. products that, by their very nature, cannot be returned;
18.104.22.168. software that has been unsealed;
22.214.171.124. magazines or books;
126.96.36.199. beauty products or fragrances which have been used;
188.8.131.52. intimate products, lingerie, swimwear, bodysuits, underwear or jewellery for piercings, which for hygienic and public health reasons may not be returned; and/or
184.108.40.206. products that have been damaged, modified or altered in any way after delivery.
8.3. We are not obliged to accept a refund, return or an exchange request for a defective or a non-defective product in any circumstances other than those contemplated under the CPA and/or ECTA, as applicable.
9. GIFT VOUCHERS
9.1. You may purchase a gift voucher for yourself, or for someone else to use to purchase products on the site. Once purchased, we will send the unique voucher to the relevant email address.
9.2. To use a gift voucher, the voucher code given must be applied at checkout.
9.3. We will not be liable for loss or theft of a voucher code.
9.4. All gift vouchers have an expiry date associated with them. If the voucher is not used prior to this date it will no longer be valid and no replacement will be issued. It is your responsibility to ensure the voucher is used prior to it expiring.
9.5. Vouchers are not refundable or redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission.
9.6. Vouchers cannot be used to purchase other vouchers.
9.7. If the value of a voucher is more than the total cost of an order, the remainder of the voucher amount will remain in the customer’s account as a credit to be used on a later order.
9.8. If you return an item that was bought with a voucher, we will process the return in accordance with our returns policy, and any amount refunded to you will be refunded as a credit to your account on the site.
10. CONSENT TO PROCESS PERSONAL INFORMATION
10.1. You understand and accept that in registering an account on the site, we may be required to collect and process personally identifiable information about you. In particular, you consent to us collecting, processing and using all such personal information:
10.1.1. to facilitate the sale of products to you and/or otherwise carry out and manage our business operations;
10.1.2. to comply with our statutory or other legal obligations; and
10.1.3. for our internal business research.
10.2. We may share anonymised data collected from users with vendors so that they can analyse trends and/or otherwise improve their product offering.
10.3. We implement appropriate, generally accepted technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction or damage.
10.4. We retain personal data only for as long as necessary to provide our services to you and thereafter for legitimate legal or business purposes. This might include retention periods mandated by law, contract or similar obligations applicable to our business operations.
10.5. If you have any questions or concerns about how we process your information, please contact us via email at firstname.lastname@example.org.
11.2. We make use of third party cookies (like the Google Analytics cookie) to collect analytics data from site users. We may also use third party cookies to deliver targeted display advertising to our site users based on their browsing history on the site.
11.3. Personally identifiable information cannot be collected using cookies and other tracking technology. However, if you have previously provided personally identifiable information, cookies may be tied to such information.
11.4. You may disable cookies by changing your browser settings. However, this may result in certain parts of the site not functioning.
12. ACCESS TO THE SITE
We reserve the right to restrict access to areas of the site, or the whole site, in our discretion. Although the site is usually available, there will be times when the availability of the site may be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our reasonable control. We will not be liable for any inconvenience, loss or damage suffered as a result of such interruptions.
13. PROHIBITED USE OF THE SITE
No user may:
13.1. use the site in any way that causes, or may cause, damage to the site or impair the availability or accessibility of the site or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
13.2. use the site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or destructive computer software or code;
13.3. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the site without our express written consent;
13.4. use the site in connection with any pyramid scheme, nor to transmit or send junk e-mail, spam, or any other unsolicited commercial communications;
13.5. remove, obscure or alter any legal notices displayed on the site;
13.6. impersonate another person or access another user’s account without that user’s permission;
13.7. share passwords issued for use on the site with any third party or encourage any other user to do so;
13.8. upload onto the site:
13.8.1. anything which you know or should reasonably know is untrue;
13.8.2. anything which, in our discretion, may be deemed to be morally offensive, or could cause damage to our reputation;
13.8.3. copyrighted material that is not their own or that they do not have the legal right to distribute, display and otherwise make available to others; and/or
13.8.4. send to other users of the site pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, defamatory or otherwise inappropriate content.
14. INTELLECTUAL PROPERTY
Except for where vendors own the intellectual property to material contained on their dashboard on the site, unless otherwise stated we, or our licensors, own the intellectual property rights in the site and the material on the site. You may view, download and print pages from the site for your own personal use only. Any unauthorised copying, reproduction, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation or use of the materials and data made available on the site will constitute an infringement of such copyright and other intellectual property rights.
15. THIRD PARTY LINKS
The site may include hyperlinks to other websites or applications owned and operated by third parties. These links are not recommendations or endorsements. We have no control over the contents of third party websites or applications, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
By furnishing us with your e-mail address when registering on the site, you may be placed on our mailing list, and you consent to us e-mailing you at this address from time to time. If you wish to stop receiving such e-mails, you may “unsubscribe” by clicking on the relevant link in the e-mail sent to you.
17.1. If you breach or are suspected of breaching these terms, we may:
17.1.1. temporarily or permanently suspend your access to the site;
17.1.2. block computers or other devices using your IP address from accessing the site;
17.1.3. contact your internet services provider and request that they block your access to the site; and/or
17.1.4. bring court proceedings against you or breach of contract or otherwise, which may include a claim for damages.
17.2. Where we suspend or prohibit or block your access to the site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18. LIMITATION OF LIABILITY
18.1. The vendors must ensure that all product information posted by them on the site is accurate. However, we will not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of any inaccurate information published on the site.
18.2. We disclaim liability, to the full extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of the site or the purchase of any of any product. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of the site and/or your purchase of any product.
18.3. Although the products sold via the site may be under statutory or other warranty, the site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting the terms that the service available from and through the site will meet your individual requirements and be compatible with your hardware and/or software.
19. FORCE MAJEURE
19.1. “Force Majeure” means any circumstances beyond a party’s reasonable control, including any acts of war or public enemy, civil commotion or strife, political or civil disturbance, riot, insurrection, strike, lock-out, interruption of transport, labour dispute, boycott, fire, explosion, flood, storm, infectious or contagious disease, epidemic, pandemic or natural or physical disaster, sabotage, terrorism, acts or omissions of any government, government agency, provincial or local or similar authority, laws or regulations or any acts of God or forces of nature, or other event which is out of a party’s control.
19.2. Neither us, nor the vendors will be liable to a customer for any delays or failures of performance of its obligations in terms of these terms if and to the extent that such delay or failure is caused by a Force Majeure Event.
20.1. Legal Notices
Legal notices will be served on you at the e-mail address, or physical address, you provide to us when registering an account with us. Notices will be presumed to have been delivered on the date and time of dispatch as recorded by the computer of the sender, or date of delivery at your physical address.
Except for urgent or interim relief granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and us, on any matter provided for in, or arising out of these terms, such a dispute shall be referred to a suitably qualified arbitrator appointed by the Registrar of the Arbitration Foundation of South Africa. The arbitrator’s decision shall be final and binding.
In these terms:
20.3.1. a reference to:
220.127.116.11. an enactment is to that enactment as amended and includes any subordinate legislation made from time to time under such enactment;
18.104.22.168. a South African law process shall, if a party is subject to another jurisdiction’s law, be interpreted in relation to that party as including an equivalent or analogous proceeding under such other law; and
22.214.171.124. a number of days shall exclude the first day and include the last day. If the last day is not a business day, the last day shall be the next business day.
20.3.2. if figures are referred to in numerals and in words and there is a conflict between the two, the words shall prevail;
20.3.3. clauses shall continue to operate after the termination of these terms if necessitated by their nature;
20.3.4. its provisions shall not be interpreted against the party drafting it;
20.3.5. the words “include”, “including” and “in particular” are by way of example only and shall not limit the generality of any preceding words;
20.3.6. if any provision becomes illegal, invalid or unenforceable, such provision shall be severed, to the extent of its illegality, invalidity or unenforceability, from the balance of these terms; and
20.3.7. the words “other” and “otherwise” shall be interpreted as widely as possible and will not be limited by any preceding words.