Terms & Conditions2017-07-31T07:22:51+00:00

TERMS & CONDITIONS

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the GardenGeek (Pty) Ltd (“Provider”) website located at the domain name www.gardengeek.com (“the Website”). By accessing or using any part of the Website and/or purchasing an item from the Website, the User engages in the Provider’s “Service” and agrees to be bound by the Terms and Conditions set out in this legal notice, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

GENERAL CONDITIONS

The Provider and Owners, their affiliates or subsidiaries reserve the right to refuse Service to anyone and/or terminate accounts for any reason at any time. The Provider does not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Content currently or anticipated to be displayed on the Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works and the compilation of the proprietary works are copyright of the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws.

All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

The Provider grants to the User, subject to the terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only. This license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.

The User may not to reproduce, duplicate, copy, download, display, sell, resell, distribute or exploit any Content obtained on the Website, any portion of the Service, use of the Service, or access to the Service or any contact on the Website for marketing or any other commercial purpose without the express written consent of the Provider.

Any unauthorised use terminates this license.

PRIVACY POLICY

The User’s submission of personal information through the store is governed by the Privacy Policy of the Provider. By accessing or using any part of the Website and/or purchasing an item from the Website, the User engages in the Provider’s “Service” and agrees to be bound by the Privacy Policy of the Provider, which can be found at the following link: Privacy Policy.

DELIVERY POLICY

Any delivery time stipulated below is based on estimation, and is not guaranteed. Subject to stock availability with suppliers and receipt of payment, requests will most often be processed within 7 working days and handed over to a courier company for delivery. Orders placed on a Friday, Saturday or Sunday will only be cleared the following Monday. Please take into account we do not deliver on public holidays. Currently, GARDENGEEK only delivers in South Africa.

The estimated delivery times is from the date of confirmation of your order and dependent on the customer delivery area as follows:

AreaDelivery Time
Major Cities & Towns in SA*3-5 Working Days
Outlying Areas in SA3-7 Working Days

*Major Cities & Towns include: Johannesburg, Pretoria, Cape Town, Port Elizabeth, George, Durban and East London. For further details on these main centres, please visit www.dawnwing.co.za/google-branch-locator.

Please note that although Polokwane, Nelspruit, Witbank & Welkom are listed as Dawn Wing main centres, all orders dispatched to these regions will attract an Outlying Area fee because of the additional delivery leg from Johannesburg to these various branches.

Dawn Wing only delivers to a physical address, and not a P.O. Box number. Dawn Wing requires that each and every delivery be signed for, as proof of delivery. Please view Dawn Wing’s Terms & Conditions on their website: www.dawnwing.co.za

If you are located on a farm or do not have a postal address, we can send your goodies to your nearest PostNet office. Please enter the address of the PostNet office to which you would us to send the goods and specify “POSTNET” under special delivery instructions. PostNet will sms you once your goods arrive and can be collected.

The Provider will supply all goods to the delivery company in good order and will ensure that goods arrive at the User’s chosen delivery address in the same good order.

Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions within 30 days.

WEBSITE TERMS

The User may not use the Provider’s products for any illegal or unauthorized purpose nor may the User, in the use of the Service, violate any laws in their jurisdiction (including but not limited to copyright laws). The User must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of the Services of the Provider.

ONLINE STORE TERMS

The GARDENGEEK (PTY) LTD is a business that sells home, garden, horticultural and agricultural goods online,through it’s Website, www.gardengeek.com. The use of any product bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

Payment may be made via Visa or MasterCard credit cards or by bank transfer into the Provider’s bank account, the details of which will be provided after checkout.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the Provider’s Return Policy. The purchase of an item from the Provider through the Website will constitute acceptance of the Returns Policy of the Provider, which can be found at the following link: Returns Policy. The Provider will not be held responsible for refunds or exchanges of products bought via the Provider’s retail partners.

The Provider has made every effort to display the colours and images of products that appear on the Website store as accurately as possible. The Provider cannot guarantee that the User’s computer monitor’s display of any colour will be accurate.

The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

The Provider reserves the right, but is not obligated, to limit the sales of products or Services to any person, geographic region or jurisdiction. The Provider may exercise this right on a case-by-case basis. The Provider reserves the right to limit the quantities of any products or services that is offered. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of the Provider. The Provider reserves the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited.

The Provider does not warrant that the quality of any products, services, information, or other material purchased or obtained by the User will meet the User’s expectations, or that any errors in the Service will be corrected.

MODIFICATION TO THE SERVICE AND PRICES

The Provider reserves the right to modify the Website, the Content, or any products and/or services offered through the Website at any time and without notice, but the Provider has no obligation to update any information on the Website. The User agrees that it is his responsibility to monitor changes to the Website.

Prices for the products displayed on the Website are subject to change without notice. The Provider reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. The Provider shall not be liable to the User or to any third-party for any modification, price change, suspension or discontinuance of the Service or Website (or any part or content thereof).

ACCURACY OF BILLING AND ACCOUNT INFORMATION

The Provider reserves the right to refuse any order the User places on the Website. The Provider may, in their 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 the Provider makes a change to or cancels an order, the Provider may attempt to notify the User by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Provider reserves the right to limit or prohibit orders that, in their sole judgment, appear to be placed by dealers, resellers or distributors.

The User agrees to provide current, complete and accurate purchase and account information for all purchases made at the Provider’s store. The User agrees to promptly update their account and other information, including your email address and credit card numbers and expiration dates, so that the Provider can complete the User’s transactions and contact the User as needed.

THIRD-PARTY TOOLS

The Provider may provide the User with access to third-party tools over which the Provider neither monitors nor has any control nor input.

The User acknowledges and agrees that the Provider provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Provider shall have no liability whatsoever arising from or relating to the User’s use of third-party tools.

Any use by the User of Third Party tools offered through the site is entirely at the User’s own risk and discretion and the User should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

The Provider may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

ELECTRONIC COMMUNICATIONS

By using this Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

USER COMMENTS, QUESTIONS, FEEDBACK AND OTHER SUBMISSIONS

If, at the Provider’s request, the User sends certain specific submissions (for example contest entries) or without a request from the Provider, the User sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the User agrees that the Provider may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the User forwards to the Provider. The Provider is 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.

The Provider may, but have no obligation to, monitor, edit or remove content that the Provider determines in their sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

The User agrees that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The User further agrees that their comments will not contain libellous 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. The User may not use a false e-mail address, pretend to be someone other than their self, or otherwise mislead the Provider or third-parties as to the origin of any comments. The User is solely responsible for any comments they make and their accuracy. The Provider takes no responsibility and assumes no liability for any comments posted by the User or any third-party.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The Provider is not responsible if information made available on the Website is not accurate, complete or current. The material on the Website 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 the Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Provider reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after the User has submitted their order).

The Provider undertakes no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, the User is 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 Website or any related website, other websites, or the Internet. The Provider reserves the right to terminate the User’s use of the Website or any related website for violating any of the prohibited uses.

LIMITATION OF LIABILITY

The Provider does not guarantee, represent or warrant that use of the Website will be uninterrupted, timely, secure or error-free. The Provider does not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. The User agrees that from time to time the Provider may remove the Website for indefinite periods of time or cancel the Website or Service at any time, without notice to the User.

The User expressly agrees that use of, or inability to use, the service is at the User’s sole risk. The Website and all products and services delivered to the user through the Website are (except as expressly stated by the Provider) provided ‘as is’ and ‘as available’ for use by the User, 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.

The Website and all content on the Website, including any current or future offer of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless GARDENGEEK and parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees of GARDENGEEK 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either the User or the Provider. The User may terminate these Terms and Conditions at any time by notifying the Provider that the User no longer wish to use the Provider’s Services, or when the User ceases using the Website.

If in the Provider’s sole judgment the User fails, or is suspected to have failed, to comply with any term or provision of these Terms and Conditions, the Provider also may terminate this agreement at any time without notice and the User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the User access to the Provider’s Services (or any part thereof).

ENTIRE AGREEMENT

The failure of the Provider to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by the Provider on the Website or in respect to the Service constitutes the entire agreement and understanding between the User and the Provider and governs the use of the Service by the User, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the User and the Provider (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

GOVERNING LAW

These Terms and Conditions, the Returns Policy and the Privacy Policy, shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute.

If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.

If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the content and this Website.

UPDATING THE TERMS AND CONDITIONS

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. The User can review the most current version of the Terms and Conditions at any time on this page. The Provider reserves the right to update, change, add, remove or replace any part or the whole of these Terms and Conditions, including Privacy Policy or Returns Policy, by posting updates and/or changes to the Website from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s responsibility to check these Terms and Conditions periodically at the Website for changes or updates. The User’s continued use of or access to the Website following the posting of any changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

CONTACT INFORMATION

This website is run by GardenGeek (Pty) Ltd based in South Africa trading as GardenGeek and with registration number 2016 / 255628 / 07 and Directors Camille de Villiers and Claudia Vet.

If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:
[email protected]
A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html