These Terms and Conditions (“Terms”) are effective as of :2024/05/01 “EffectiveDate”
READ THESE TERMS CAREFULLY BEFORE PURCHASING ANY GOODS AND/OR BROWSING THIS WEBSITE. YOUR PURCHASING OF GOODS AND/OR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. THE PURCHASE OF ANY GOODS IS SUBJECT TO THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
1. Introduction
1.1. The website https://decordash.co.za (“the Website”) is operated and/or owned by Décor Dash (Pty) Ltd (bearing registration number: 2023/217635/07) (hereinafter referred to as “Decor Dash”, “we”, “our” or “us”). The Terms herein are entered into by and between Decor Dash and the User, as the case may be. Any reference to “Decor Dash”, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.2. These Terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any Brower or User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “you” or “your”).
1.3. Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you have purchased the Goods and/or for whom you have used the Website. Further, you represent and warrant that you have the authority to do so.
1.4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. We will also endeavour to advise Users of any changes via email prior to such changes taking place. Such modifications will require acceptance by you prior to your continued use of the Website and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.
1.5. To the extent applicable, and in complying with the Consumer Protection Act 68 of 2008, clauses in bold are hereby drawn to your attention. The reason for this is to specifically draw your attention to these clauses, as they either:
1.5.1. limit in some way the risk or liability of Decor Dash or any other person;
1.5.2. constitute an assumption of risk or liability by you;
1.5.3. impose an obligation on you to indemnify Decor Dash or any other person for some cause; or
1.5.4. provide for an acknowledgement of fact or a waiver of rights by you.
2.1. “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention or using, or does not use, the Services offered by us;
2.2. “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, and which shall be between the hours of 09h00 – 17h00;
2.3. “Cart” shall mean the User’s cart on the Website in which it stores intended purchases prior to payment being made;
2.10. “Services” shall refer to the Services provided by us to the User as set out in clause 4 below;
2.11. “Terms” shall mean these Terms and Conditions as read together with the Privacy Policy;
2.12. “User” shall mean the Browser who has completed the registration process on the Website thus making the transition from Browser to User, and being able to make use of the Services as provided through the Website; and
2.13. “Website” means the Website as owned, hosted and managed by us and through which Users may avail themselves to our Services.
2.14. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3. Your agreement to these Terms
3.1. Subject to, and on the basis of a User’s acceptance of the Terms, we grant to the User a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
4.1. The Website enables you to shop for and purchase an extensive range of Goods.
5. Registering as a User
5.1. Only Users may order and purchase Goods through the Website.
5.2. Subject to, and on the basis of a Browser’s acceptance of the Terms and Conditions, and thus becoming a User, we grant the User a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
5.3. A Browser shall, through the log in process on the Website (which shall include the provision of a unique username and password), and the provision of certain Personal Information, as set out in the Privacy Policy, be recognised as a User and be permitted to use the Services.
5.4. Each time a User wishes to make use of the Services, the User shall be required to log into the Website using the same Log in Details.
5.5. In the event of a User being of the view that its Log in Details are being used by someone else, please contact us immediately at getintouch@decordash.co.za.
6.2. These Goods, together with the individual price thereof, shall be reflected in the User’s Cart. The price of each of the Goods shall automatically be tallied in the Cart, as a total.
6.3. Prior to the purchase being finalised, a User shall view the Cart and either accept all of the Goods reflected therein or edit same by removing one or more of the Goods.
7.1. The Goods as selected by the User for purchase together with the individual price thereof shall be reflected in the User’s Cart. The price of each of the Goods shall automatically be tallied in the Cart, as a total, which total shall be inclusive of VAT.
7.2. In the event of one or more of the Goods being marked down, either as a result of a sale, as a stock clearance or for any other reason, the original price shall be reflected with a line through it, with the marked-down price being recorded below. The marked down price will be the price carried over into the User’s Cart.
7.3. Unless expressly stated otherwise in writing, prices are quoted strictly ex-works, and do not include costs for packaging, delivery, freight, customs, duties, levies and insurance, which shall be for your account.
7.4. All applicable customs duties, tariffs and levies are payable by the User unless the order, order confirmation, invoice or other writing indicates otherwise.
8. Payment
8.1. We are committed to providing secure online payment facilities. All online transactions are encrypted using appropriate encryption technology.
8.2. Payment may be made in one of the following manners:
8.2.1. Credit Card – where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
8.2.2. Electronic Funds Transfer (“EFT”) or Bank Transfer – if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) Business Days of placing your order. We will not accept your order if payment has not been received.
8.3. On the Website, once you have selected your payment method (save for Bank Transfer), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
8.4. Goods will only be released for delivery or collection once payment has been received into our banking account.
9. Delivery of Goods
9.1. We offer delivery of Goods by courier subject to the terms and conditions recorded below.
9.2. Courier:
9.2.1. The courier company utilised shall be one of our election.
9.2.2. The Goods shall be delivered to the User at the address selected during the payment process, on a Business Day.
9.2.3. Should there be no-one available to accept the Goods the courier will on the second attempt contact the User on the telephone number provided and/or leave a written note for the User requesting that the User contact the courier.
9.2.4. The courier shall thereafter attempt to deliver the Goods a third and final time. If delivery is still not successful, it shall be incumbent on the User to contact us either telephonically or via e-mail within 5 (five) Business Days of having received a phone call or a written note from the courier to make alternate arrangements for delivery.
9.2.5. If no contact is made by the User after this 5 (five) Business Day period has elapsed, then the Goods shall be returned to us and we shall attempt to make alternative arrangements for delivery with you, which shall be for your own cost, failing which the Goods shall be reabsorbed into our stock and the User shall be refunded the amount paid in respect of the Goods less any courier fees incurred.
9.2.6. Multiple Goods orders in one transaction may be shipped from multiple locations / suppliers, and accordingly, may result in multiple consignments being delivered to the User. Each consignment’s tracking details will be sent to the User once shipped and will enable individual tracking of such Goods. This may result in different timing of each consignment’s delivery to the User.
9.2.7. In the instance where free shipping and/or free shipping is offered as part of a promotion or the User having spent a minimum value determined by us from time to time, certain items may be excluded from these offers due to their dimensions and/or weight and thus require the shipping to be paid in full.
9.3. Our obligation to provide the Goods to you is fulfilled when we deliver the Goods. We are not responsible for any loss or unauthorised use of the Goods after provision thereof to you.
10. Refund / Return Policy
10.1. Subject to clauses 10.2 and 10.3, Decor Dash will only accept the return of any Goods to it by the User, if:
10.1.1. the User has applied to Decor Dash for approval to return the Goods within 7 (seven) days of collection or delivery, whichever is applicable; and
10.2.1. the Goods, when received by Decor Dash, must be unsoiled, undamaged and in a resalable condition as determined by Decor Dash;
10.2.2. the User must pay for the delivery, freight, customs, duties, levies and/or insurance in respect of the return of the Goods to Decor Dash; and
10.2.3. the User must bear the risk of loss or damage of the Goods in transit until arrival of the Goods at the return address as advised by Decor Dash.
11.1. The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible by logging on to the Website and editing its Personal Information through the “edit information” tab. Prior to the change being effected by us, an email or SMS will be sent to the User requesting confirmation that it is in fact the User who is editing the Personal Information.
11.2. The User further warrants that when registering on the Website it:
11.2.1. is not impersonating any person; and
11.2.2. is not violating any applicable law regarding use of personal or identification information.
11.3. Further and insofar as the registration process is concerned, the User warrants that the Log in Details shall:
11.3.1. be used for personal use only; and
11.3.2. not be disclosed by a User to any third party.
11.4. For security purposes, the User agrees to enter the correct Log in Details whenever purchasing Goods, failing which access will be denied.
11.5. The User agrees that, once the correct Log in Details relating to the User’s account have been entered, irrespective of whether the use of the Log in Details is unauthorised or fraudulent, the User will be liable for payment of such Goods purchased.
12. Warranties by Decor Dash
12.1. We make no representation or warranty (express or implied) that the Website or Services will:
12.1.1. meet a User’s needs;
12.1.2. be accessible at all times;
12.1.3. be accurate, complete or current; or
12.1.4. be free from viruses.
12.2. Subject to any express terms, Decor Dash makes no representation or warranty as to the volume or subject area of Services accessible through the Website.
12.3. Except for any express warranties in these Terms, the Services are provided “as is”. Decor Dash makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.
12.4. Decor Dash does not warrant that the use of the Website will be uninterrupted or error free, nor does Decor Dash warrant that we will review information for accuracy or that we will preserve or maintain the User’s Personal Information without loss.
12.5. Decor Dash shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Decor Dash. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.
13. Protection of Personal Information
13.1. We undertake as far as is possible, to protect each User’s Personal Information in accordance with its Privacy Policy and not provide same to any third party, except as may be necessary in order to perform all such Services as required in terms of these Terms.
14. Unauthorised use of the Website or email addresses as provided by us
14.1. A User may not use the Website for any objectionable or unlawful purpose.
14.2. A User is not able to upload any information onto the Website save for the Personal Information as required when completing the registration process.
14.3. A User undertakes not to send to us spam mail or make use of other unsolicited mass e-mailing techniques.
14.4. A User shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
14.5. A User may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.
14.6. A User may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.
14.7. A User may not distribute or publish any part of the information or content included in the Services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public.
14.8. A User understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.
15. Links to other Websites
15.1. The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
16. Warranty
16.1. If the Goods are acquired by a consumer as defined in the Consumer Protection Act 68 of 2008 (“the CPA”), Decor Dash warrants that the Goods will be of good quality as defined in section 55 of the CPA.
16.2. If the Goods are not acquired by a consumer, Decor Dash warrants will be supplied new and in an undamaged condition.
16.3. These warranties extend only to the User purchasing the Goods and to no other person.
16.4. The provision of any act or law implying terms, conditions, guarantees and/or warranties which might otherwise apply hereto are hereby expressly excluded to the full extent permitted by law.
16.5. On discovery of any defect in the Goods, the User must notify Decor Dash in writing of such defect.
16.6. The User’s failure to provide written notice to Decor Dash of any alleged breach of the above warranty will release and discharge Decor Dash from any obligation or liability for that breach of warranty.
16.7. The User must not carry out any remedial work to allegedly defective Goods without first obtaining the written consent of Decor Dash to do so otherwise all of Decor Dash’s warranties will be voided to the full extent permitted by law.
16.8. The warranty period expires 12 (twelve) months from the actual date of delivery of the Goods.
16.9. The warranty period for repaired or replaced Goods shall expire either 3 (three) months from date of repair or replacement or 6 (six) months after commencement of the initial warranty period, whichever is the longer.
16.10. Decor Dash does not give any warranty for wear and tear parts or improper operation to the extent permitted by law.
17. Limitation of Liability and Indemnity
17.1. The User acknowledges and agrees that:
17.1.1. the User has determined that the Goods are fit for the purpose for which the User requires them;
17.1.2. the User has not relied on Decor Dash’s skill and judgment in selecting the Goods; and
17.1.3. to the full extent permitted by law, Decor Dash is not responsible if the Goods do not comply with any applicable safety standard(s) or similar regulation(s), and that Decor Dash is not liable for any claim resulting from such non-compliance.
17.2. Decor Dash is not subject to, and the User releases Decor Dash from any liability arising from any delay in delivery of or any defect or fault in the Goods to the full extent permitted by law.
17.3. If the Terms or, despite clause 17.1.3, the provisions of the CPA or any other act or the general law impose on Decor Dash a liability for a defect or fault in the Goods then, to the extent to which Decor Dash is entitled to do so, Decor Dash’s liability is limited, at Decor Dash’s option, to:
17.3.1. replacement or repair of the Goods;
17.3.2. supply of equivalent Goods; or
17.3.3. payment of the cost of replacing or repairing the Goods or of acquiring equivalent products, and in any case, Decor Dash’s total liability to the User is limited to the invoice value of the Goods.
17.4. The Website shall be used entirely at your own risk.
17.5. We are not responsible for, and you agree that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.
17.6. We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.
17.7. You indemnify us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your improper use of or conduct in connection with the Website, including any breach by you of these Terms or any applicable law or licensing requirements.
17.8. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these Terms, might apply in relation to your use of the Website.
17.9. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to the minimum amount imposed by such law.
17.10. Notwithstanding anything to the contrary in these Terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to your use of the Website and/or interruption of the Services of any type, whether in delict, contract or otherwise.
18. Copyright
18.1. The contents of the Website are the property of Decor Dash, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
18.2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
18.3. You are expressly prohibited to “mirror” any content contained on the Website on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
18.4. A User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
18.5. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of Decor Dash.
19. Intellectual Property
19.1. You undertake not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
19.2. Decor Dash own or are licensed to use all intellectual property on the Website. You may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
20. Breach
20.1. If you commit a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then we shall be entitled, at our option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all your obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
21. Dispute Resolution
21.1. Any dispute which arises between the Parties in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
21.2. If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.
21.3. If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.
21.4. Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
21.5. The arbitration shall be held:
21.5.1. in the province of Gauteng, or other venue agreed by the Parties in writing;
21.5.2. in English; and
21.5.3. immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.
21.6. The Parties irrevocably agree that the decision in arbitration proceedings:
21.6.1. shall be final and binding upon them;
21.6.2. shall be carried into effect;
21.6.3. may be made an order of any court of competent jurisdiction.
22. Miscellaneous
22.1. Assignment and novation:
22.1.1. We may assign or novate any of our rights or obligations under these Terms without your consent. You may not assign or novate any of your rights.
22.2. Force Majeure:
22.2.1. For purposes hereof, the term “Force Majeure” shall mean any event or circumstance, other than a lack of funds required for payment, which is not within the reasonable control of a Party, including, but not limited to, theft, war or civil war (whether declared or undeclared, including the serious threat of same) or armed conflict, invasion and acts of foreign enemies, riots, sabotage, blockades and embargos, civil and/or industrial unrest, commotion or rebellion, any act or credible threat of terrorism, fires and destruction of plant, machinery and machines, boycotts, strikes and lock-outs of all kinds, go-slows or work stoppages, any act of God, earthquake, flood, extraordinary storm, nuclear, chemical or biological contamination or explosion, plague, epidemic, pandemic, any act of any authority (including delaying or refusing of licences, and/or restrictions on construction work), explosion, fire, industrial unrest, failure of any power or utility supplies (including electronic communications).
22.2.2. The failure of either Party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.
22.2.3. During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.
22.3. General
22.3.1. To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
22.3.2. To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the South Gauteng High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.
22.4. Severance
22.4.1. Each undertaking, covenant and agreement in each clause and sub-clause hereof is separate and severable, and in the event that any undertaking, covenant, agreement or other provision contained herein shall be determined to be void or unenforceable or illegal in whole or in part for any reason whatsoever, such invalidity, unenforceability or illegality shall not affect the remaining undertakings, covenants, agreements and provisions hereof which shall remain of full force and effect and binding on all Parties hereto.
22.5. Domicilium Citandi Et Executandi and Contact Information
22.5.1. You and Decor Dash choose as the respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
The address as provided when registering on the Website.
22.5.2. Both the User and Decor Dash may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
22.5.3. All notices to be given in terms of these Terms will:
22.5.3.1. be given in writing;
22.5.3.2. be delivered or sent by email; and
22.5.3.3. be presumed to have been received on the date of delivery.
22.5.4. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.OkPrivacy policy