These Terms and Conditions govern the supply by us (“Overberg Emporium (Pty) Ltd”) of any products ordered by you (“the customer”) on www.overbergemporium.com (the website). By agreeing to order a product, you agree to be legally bound by these Terms and Conditions. Please do not use the website if you do not agree to these terms.

We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our web site, and your continued use of the site implies your acceptance of the agreement as amended.


Use of Website

  1. We grant you a limited licence to use this website. You may only use this website to browse the content, make legitimate purchases and shall not use this website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.
  2. This website and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited.
  3. You use this website at your own risk and we make no warranties about it. You indemnify us against any liability related to your use of this website.
  4. We shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including, without limitation, data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if we have been informed of the possibilities of such damages. We cannot assume any obligation or responsibility.
  5. We (or our third party licensors) own all rights in this website. All our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners’ property. Unauthorised use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.
  6. You promise that you will give this website only accurate information.
  7. You agree to the terms on the basis that you have the capacity to visit this website. We may cancel your licence if you breach any of these terms.

Registration

  1. You are required to register with us when placing your first order.
  2. Registration and/or use of our online shopping website constitutes your acceptance and agreement to be bound by these and the General Terms of our website.
  3. To register you must initially provide an email address and password. You will be required to provide additional personal details in order to complete your purchase on our website. Your information will be kept secure in accordance with our Privacy Policy.
  4. Please keep your password private. We accept no liability for any damages suffered or losses incurred from the use or misuse of your password.
  5. You will be required to enter your email address and password each time you visit our online shopping website.
  6. To amend any of your personal details, please login and visit My Account.
  7. There are no fees for registering, or for having an account with us and there are no buying obligations once registered.

Terms of sale

  1. These terms cover any transactions where we provide goods to you through this website.
  2. Under these terms we are the vendor and you are the customer.
  3. These terms commence when you accept them and continue until terminated.
  4. You place orders with us on the following basis:
    • you promise that you have the legal capacity to enter into the transaction;
    • we only conclude an agreement when we dispatch our goods to you;
    • we may cancel any order, but we will refund any money you have paid if we do;
    • we conclude an agreement where you are domiciled; and
    • each order is a separate agreement, but you breach all of them if you breach one.
  5. We sell the goods to you on the following basis:
    • you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
    • we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
    • risks related to the goods pass to you on delivery;
    • ownership in the goods passes to you on payment of the fees in full; and
    • you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
  6. Please note the dimensions, shape and colour of goods may vary slightly, as all products are handmade.
  7. When you enter your data into the system, you give us a licence to use it to provide the goods. You promise that you will give this website only accurate information.
  8. We own intellectual property rights on our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
  9. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
  10. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
  11. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them. We are not liable for any other losses that they may cause you.
  12. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
  13. If we change this agreement by updating this web page, any changes will only apply to future orders.
  14. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
  15. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
  16. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
  17. The agreement is the entire agreement between the parties on the subject.
  18. South African law governs this agreement and you consent to the jurisdiction of the Magistrate’s Court.
  19. If you breach your obligations under this agreement we have certain rights against you in terms of the law.
  20. When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this website unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

Pricing

  1. You will be charged the prices reflected on our website, subject to availability and delivery address.
  2. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
  3. Pricing is only confirmed once we have received payment for on your order.
  4. Should prices be adjusted during your purchase or before you have checked-out and processed payment, these will adjust on your order and the original price or ‘special price’ will be replaced.
  5. Your total order price will include the price of the purchase plus delivery charges.
  6. We reserve the right to change pricing at any time on our website without prior notice.

Payments

  1. All transactions will be processed in South African Rands (ZAR).
  2. We accept payments by credit and debit card (Mastercard and Visa) and via EFT Bank transfer.
  3. We will send you email communications about your order and payment.
  4. Order processing will not begin until we receive a confirmed order and full payment.

Credit Card, Debit Card and Instant EFT

  1. MasterCard and Visa credit card and debit card payments, as well as Instant EFT payments, are all processed via the encrypted secure PayFast payment gateway. Once you have selected the Payfast payment option you will be redirected to PayFast’s secure payment page where you can enter your details and confirm your payment.

    PayFast Security and Fraud Prevention

    PayFast is committed to keeping you and all sensitive information secure. PayFast have a multitude of automated and manual checks in place to protect you from fraudulent transactions. Please read more about their security here

    • PayFast Is PCI-DSS Level 1 compliant (the highest level).
    • PayFast use Extended Validation SSL with 2048-bit encryption – the highest level of encryption currently available.
    • PayFast encrypt all sensitive information within their database.
    • PayFast is registered with the Payments Association of South Africa (PASA) as an operator involved in “payments to third persons” as required by the South African Reserve Bank (SARB).
  2. 3D Secure is implemented on all PayFast credit card transactions. You will be asked to enter your 3D Secure one time PIN or password in order to authenticate your transaction and complete your purchase.
    You will first need to activate 3D secure on your card via your bank. For more information on activating your card for 3D Secure see here
  3. We do not store any card details on our website.

Delivery

Courier within South Africa

  1. We will deliver your goods via courier within South Africa.
  2. Courier to major centres and outlying towns costs R150 regardless of the order value.
  3. If stock is available, delivery will be within 10 working days of receipt of payment, but for outlying areas this may take up to 12 working days.
  4. Please be sure to use an address where there is someone to take delivery between 8am – 5pm on weekdays. Another person can take delivery on your behalf, but will need to sign for the parcel.
  5. We deliver to small holdings or farms, but a delivery surcharge could be charged should the address be remote or the parcel too large. Please inquire if you are unsure.
  6. On delivery of the product, you will be required to sign for delivery. You agree to inspect the product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered product in case of future discussions with us about it.
  7. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide when you place your order and arrange for cancellation of the order or delivery to an alternative delivery address.

International Deliveries

  1. Please contact us for international deliveries to obtain a quote.
  2. International deliveries will be dispatched within 10 working days of receiving payment should stock be available.

Delivery Terms

  1. Delivery time is dependent on stock availability.
  2. Should a product not be in stock we will advise you of the waiting period.
  3. Every effort is made to effect delivery of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence we will contact you via email and provide a revised delivery schedule.
  4. We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
  5. All risk in the product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
  6. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
  7. It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
  8. Delivery fees are non refundable.
  9. Delivery in South Africa will be within 10 working days of receiving payment, but for outlying areas this may take up to 12 working days. Delivery times are also dependent on stock availability.
  10. International deliveries will be dispatched within 10 working day of receiving payment.
  11. PLEASE NOTE: We will not be held responsible for any delays caused by the couriers or postal service. We have outsourced all delivery and collection arrangements to third party service providers. Accordingly, we cannot, to the extent permitted by law, be liable for any loss or damage caused by them.
  12. We reserve the right to charge a 15% handling fee plus delivery should the address provided be incorrect, you changed your mind and wish to cancel when the delivery already left our warehouse, or if the recipient needs to exchange the item for something else.

Undeliverable packages

Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment. You will be responsible for the cost of re-shipping the parcel to you.


Returns and Refunds

  1. Before placing an order please be aware that colours and sizes may not look exactly as they do on your screen. This will be determined by the colour settings on your computer and the fact that all products are handmade. We will not accept returns on items that “don’t look like they do on the website”. You are welcome to contact us if you need any clarification on any products.
  2. Damages or shortages must be reported to us within 5 working days from date of delivery. No returns will be accepted for any reason other than damages.
  3. If you would like to exchange an item, this must be done within 5 working days of receiving your order. This is not negotiable.
  4. If you wish to cancel the order, you will receive a full refund provided that the cancellation is made before shipment has taken place. We may debit your payment card for the delivery fees in respect of any late cancellations.
  5. To obtain a full refund you must:
    • inform us of damaged item/s within 5 working days from date of delivery;
    • ensure we receive the returned items within 10 working days (South African buyers); and
    • bear all the costs of returning the item to us (in the event of exchanges of non-damaged items).
  6. If you’ve ordered any personalised item, we can’t return or exchange it. If for some reason you need to edit or cancel the order, it has to be done 48 hours prior to shipment and will incur a 50% handling fee on quoted price.
  7. Note: We recommend that you use a courier that offers shipment tracking. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost, then no refund or return will be considered.
  8. International customers should make use of a courier that offers:
    • Shipment tracking.
    • Insure your package for safe return and declare the full value of the shipment failing which loss or damage will be for your account.

Our Rights

  1. We reserve the right to:
    • modify or withdraw, temporarily or permanently, the 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 the website; and/or
    • change these Terms and Conditions from time to time, and your continued use of the website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the website.
  2. We will use our reasonable endeavours to maintain the website. The website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.

Privacy Policy

Please see our Privacy Policy for more information on using this website and cookies.


Third Party Links

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 websites 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 websites or resources.


Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).


Law

The Terms and Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.


Copyright and Intellectual Property Rights

Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.

Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.

Except as expressly permitted under the agreement, the website may not be:

  • modified or used to make derivative works;
  • rented, leased, loaned, sold or assigned;
  • reverse engineered or copied; or
  • reproduced or distributed.

Contact Information

This website is run by Overberg Emporium (Pty) Ltd based in South Africa, trading as Overberg Emporium, registration number 2016/272207/07 and Directors Jeannie Harning and Natalie van Wulven.

If you have any questions, queries or wish to request permission to use any part of this website, please contact us at info@overbergemporium.com.


Consent

I understand that all the designs and trademarks are registered to Overberg Emporium (Pty) Ltd and hereby accept the Terms and Conditions as well as the Privacy Policy. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Overberg Emporium (Pty) Ltd for any civil action or any legal action deemed necessary against me.

1 January 2019 | Version 1