TERMS OF SERVICE OVERVIEW
This website is operated by LCV Designs & Decor. Throughout the site, the terms “we”, “us” and “our” refer to LCV Designs & Decor. LCV Designs & Decor offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
We cannot guarantee stock availability. When Products are no longer available after you have placed an order, we will notify you and you will be entitled to a full refund of the amount already paid by you.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate information for all purchases made at our store.
For more detail, please review our Returns Policy.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall LCV Designs & Decor, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless LCV Designs & Decor and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
When you buy goods from us online, you agree to and accept all our terms and conditions. You also agree that LCV Designs & Decor may send invoices to you electronically.
GOODS AND PRICING
Goods subject to availability: All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible. Goods are only available for delivery in South Africa.
Price: The stated prices on our website are in South African Rands and are only valid and effective in South Africa.
Display: We will use our best efforts to accurately display the goods, specifically regarding their color, description, and price. Please remember however that the way you see the goods is also dependent on the device that you are using to access our website and we cannot guarantee that the goods you receive, will look exactly as you have seen it.
Orders: Your transaction will only be completed and you will become the owner of the goods:
once we receive payment from you, and when the goods that you have ordered have been delivered to you.
Once this happens the transaction is complete and you assume all risk and full responsibility for the goods. We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error. Errors include the goods no longer being available, incorrect price or description of the goods. We will inform you of such errors as soon as we become aware of them. We will refund you the Rand value that you have paid, only if you have already paid for the cancelled order. We will not be liable for any other loss or claim relating to a transaction based on any error. We are not be bound by any incorrect information about goods that are on our third party providers’ websites.
DELIVERY, COLLECTION AND STORAGE
We will charge a delivery fee where applicable (some items include free delivery) for every order you place, which will be billed at checkout. Delivery charges vary according to product/weight/dimensions/locations.
Additional delivery charges
Additional delivery charges (which will vary, depending on your delivery address) apply to outlying areas, as well as the delivery of furniture. Delivery fees may change at any time without notice to you. The delivery fee applicable to your order will be communicated to you and must be paid when you place an order. For queries regarding delivery, please email us: email@example.com
We will arrange for delivery to the delivery address that you provided to us. We are not responsible for any loss or unauthorized use of the goods once we have delivered the goods to the delivery address you have provided to us. We only deliver within South Africa. Our ability to deliver is also always subject to certain factors, including the availability of the goods and the supply of accurate delivery address details and on the location.
We will always do what is reasonably possible (but cannot guarantee that we will be able) to ensure that delivery happens on the agreed date. The delivery date is subject to change due to circumstances beyond our control. We will notify you should there be any delivery-related problems and we are unable to deliver on the agreed date, if goods are delivered through a third party such notification will only be applicable if we are aware of the delays. Should you not receive delivery within the specified period and have not been notified by us of any delays please email: firstname.lastname@example.org
Access to the delivery location
You must ensure that we can access the place of delivery and that the location is cleared for the goods to be delivered. We can only deliver the goods if it can fit into lifts, on staircases, through passages and through doors at the delivery address. We do not hoist goods onto balconies. Our delivery crew is not permitted to rearrange your furniture or clear areas in preparation for the delivery.
We cannot guarantee the availability of stock but will use reasonable efforts to ensure that stock is available. We will notify when goods are no longer available after you have placed an order. We will refund you the Rand value for the goods you have purchased. We rely on the information provided to us by our third-party providers regarding the availability of their stock. We are not liable for any inaccuracies in the information supplied to us.
Accepting your delivery
If you are unable to accept the goods yourself, please ensure that you or your authorized representative is available at the delivery address. If anyone other than you accepts delivery of the goods at the delivery address, they are presumed to be authorized to accept the goods on your behalf. On delivery, we will require that you or your authorized representative sign for the goods, write down your or their name and may be required to produce a form of identification (for example, an original ID or driver’s license). This is to confirm that the goods have been received. You will be charged additional delivery charges if we cannot deliver the goods to you due to access problems or if you are not available when we deliver the goods. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.
Inspecting the goods
You must inspect the goods when they are delivered to you. If you are satisfied that the goods are in good condition and not damaged, you or your representative must sign the delivery slip, which will be proof that the goods have been delivered in a good, undamaged condition. If the goods are damaged in any way, you must note the damage on the delivery slip, notify us immediately and not accept delivery of the goods. If you do not note the damage on the delivery slip, we are entitled to regard the goods as if they were in good condition and not damaged when delivered to you.
We make use of courier services / third parties to deliver the goods to you. We are not liable for any damage suffered or any losses incurred arising out of any act or omission by the courier / third party, its directors, employees, sub-contractors, agents or representatives.
If you are unhappy with your purchase for any reason (other than if it is defective) and wish to return it, you may do so within 5 days of the date that they are delivered to you. The goods must be in their original condition and packaging and you must have the invoice, the delivery note, proof of purchase or returns form. You cannot return goods if they have been taken apart or altered, have been permanently installed, are attached or joined to other goods or property at the delivery address, or reasons of public health do not allow their return.
Custom made items and items on sale cannot be returned or refunded unless the item is faulty / damaged when received.
Incorrect item delivered
Should we accidentally deliver the wrong goods to you, or if the goods are not as described on the website, or the goods are missing any parts:
Please do not remove any of the stickers or labels, or remove the goods from its original packaging.
Notify us as immediately by emailing: email@example.com
We will deliver the correct goods to you as soon as possible (if available); or
issue you with a refund.
If you are returning goods via courier, you will have to complete the returns form, specifying the reason why you are returning the goods. You must also pack the goods into the original packaging. If you are returning goods that are not defective via courier, you will be charged a collection fee.
If we discover in our assessment that you have not adhered to the use and care instructions of the goods, or that the goods are not defective or not affected by quality issues, we will refuse to refund you or accept the return of these goods.
Certain products are unique and might have markings which form part of the characteristics of the product. These natural markings will not be regarded as defects.
For returns and exchanges of goods purchased from any of our third-party providers, please note that the specific third party provider’s terms and conditions will apply and we need to adhere to their terms and conditions.
If you cancel an order and the goods have already left our distribution centre, you will be liable for the delivery fee. We can only process refunds once we have confirmed that the goods have been returned to our distribution centres. If cancellation of an order is initiated by us, no cancellation fees will be payable. Please send us an email: firstname.lastname@example.org if you have any queries regarding a cancellation.
We take reasonable steps to secure your payment information and we use a payment system that is sufficiently secure, with reference to accepted technological standards at the time of the transaction and the type of the transaction concerned.
When you submit your order, you warrant that you are authorized to use the card and that there are sufficient funds to pay for the order.
We are entitled to amend these online shopping terms and conditions, at our sole discretion, from time to time.
This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”),when you visit, communicate or make a purchase from LCV Designs and Decor (Pty) Ltd or alternatively are a supplier to LCV Designs and Decor (Pty) Ltd.
We also collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering services/products accordingly.
At LCV Designs and Decor (Pty) Ltd we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information”.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
– Communicate with you;
– Screen our orders for potential risk or fraud; and
– When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.
We may also disclose your information:
- Where we have a duty or a right to disclose in terms of law or industry codes;
- Where we believe it is necessary to protect our rights.
We may use Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.
Our security policies and procedures cover:
- Network security;
- Access to personal information;
- Retention and disposal of information;
- Acceptable usage of personal information;
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.
We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.
With your consent, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
When you place an order through our company (LCV Designs and Decor Pty ltd), we will maintain your Order Information for our records unless and until you ask us to delete this information.
Your Rights: Access to information
You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.
Correction of your information
You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
Definition of personal information
According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, LCV Designs and Decor (Pty) Ltd also includes the following items as personal information:
This information about a person includes, but is not limited to:
- All addresses including residential, postal and email addresses.
- Marital status
- National / ethnic / social origin
- ID number
- Telephone number
HOW TO CONTACT US
If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website.