MaI Lifestyle TermsAnd Conditions

Introduction

MaI Lifestyle Indoor Décor is a brand trading within MaI Lifestyle Trading And Projects (Pty) Ltd, registration number

2015 / 277451 / 07

These terms govern your use of our website. Access to the services, content and downloads available on the MaI Lifestyle Indoor Décor website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act).

1.1. The MaI Lifestyle Indoor Décor website is provided as a convenience to you and our customers for informational purposes only. In order to use the MaI Lifestyle Indoor Décor website for services including but not limited to on-line shopping, browsing, product information, store locations, subscribing as a user, viewing and managing your account and orders, etc. you may be required to provide your personal information.
1.2. We reserve the right to make changes to the documents and/or other materials contained on this website from time to time without notice. This right also applies to these terms and conditions. MaI Lifestyle Indoor Décor will post the revised terms on the website. You may use the MaI Lifestyle Indoor Décor website for your own personal non-commercial use and not for republication, distribution, sale or other use.
1.3. If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the MaI Lifestyle Indoor Décor website.
1.4. The Terms constitutes the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the terms will be effective.
1.5. Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The terms will be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law. By you ticking the “I confirm I have read and understand the Terms & Conditions applied to the use of this website” box forms a legally binding agreement between you and MaI Lifestyle Indoor Décor.

Definitions

In the MaI Lifestyle Indoor Décor website terms of use:

2.1. “terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and MaI Lifestyle Indoor Décor.
2.2. “we” or “us” or “MaI Lifestyle Indoor Décor” means MaI Lifestyle Indoor Décor whichever one applies;
2.3. “website” means https://www.mailifestyleindoordecor.com
2.4. “MaI Lifestyle Indoor Décor” means https://www.mailifestyleindoordecor.com/
2.5. “you” or “user” means any person who visits, accesses or uses the website.

Registration And Use Of Website

As a user, MaI Lifestyle Indoor Décor grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your review from the website or purchasing goods or services from the website. >

You may only use the website if, in terms of South African law, you have the legal capacity to agree.

You may only link to the website by linking to the home page of the website.

In line with the Film and Publication Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and MaI Lifestyle Indoor Décor will not knowingly collect information from users in this age group.

3.1. You, the customer, agrees and acknowledges that:
3.1.1 You will at all times comply with the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation (if it applies to the customer for the receiving, compiling and reporting of information.) Without limiting the generality of the foregoing, the customer specifically agrees that when reporting Personal and other information to MaI Lifestyle Indoor Décor;
3.1.2 Such information will include all mandatory data;
3.1.3 You will have taken all reasonable steps to ensure that the information submitted is accurate, up-to-date, relevant, complete and valid when submitting such information;
3.1.4 You may submit the information to MaI Lifestyle Indoor Décor, to make such information available to its associated partners, to render the services offered, and that such information is not subject to a duty of confidentiality between MaI Lifestyle Indoor Décor and the customer.
3.1.5 As a Visitor or User, you agree that we may electronically accumulate, keep and use the your information as intended or agreed.
3.1.6 Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, color capabilities, cookie preferences, language settings, search engine meta words (keywords), JavaScript enablement, unique user ID, the pages and content that you access on the Platform/Website and the dates and times that you visit the Website, besides paths taken and time spent on pages/sites within the Website (“Usage Details”); and
3.1.7 Additional information you may provide voluntarily, such as demographic information or data related to your favorite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in MaI Lifestyle Indoor Décor competitions, promotions, studies, reviews and surveys, and additional services. (“Optional Details”).
3.1.8 Details submitted, when registering or transacting, to use the services on the MaI Lifestyle Indoor Décor website. You may submit optional Details to us if you upload or download certain content (or products) from the Website/Platform, enter competitions, partake in promotions, respond to reviews/surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website/Platform.
3.1.9 “Cookies” Information: When you access the Website/Platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. MaI Lifestyle Indoor Décor may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser, which can be removed manually) and may be used by your browser on subsequent visits to the Website/Platform. Please note the use of cookies is a norm/standard on the internet and many major websites use them. Please refer to your web browser “Help” file to learn more about changing your cookie settings.
3.1.10 when you access the Website/Platform or open one of our HTML emails, we may automatically collect and record certain Usage Details from your system by using different tracking technology.
3.1.11 Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically 1by1 pixel files, (tiny unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers to count how many newsletters they have read. MaI Lifestyle Indoor Décor web beacons do not gather, monitor or share any personally identifiable information about our customers. They are just the technique we used to compile anonymous information about the Website and Service.
3.1.12 MaI Lifestyle Indoor Décor may use any Optional Details provided by you, for such purposes as shown to you at the time you agreed to provide such Optional Details.
3.2 We may use your Usage Details to:
3.2.1 Automatically validate and/or verify your identity; for the website and transaction security purposes via MaI Lifestyle Indoor Décor or via a third-party service provider;
3.2.2 Automatically provide you with the latest version of the MaI Lifestyle Indoor Décor application on your system;
3.2.3 Remember your information so you will not have to re-enter it during your visit the next time you access the Website/Platform;
3.2.4 Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and
3.2.5 Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website/Platform.
3.2.6 MaI Lifestyle Indoor Décor shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information/personal details”; shall be defined as contained and detailed in the Protection of Personal Information Act 4 of 2013
3.2.7 7 If you are a MaI Lifestyle Indoor Décor website user, you agree that we may also electronically gather, save and use the following information:
3.2.8 Name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);
3.2.9 E-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details “);
3.2.10 the credit or debit card number, cardholder name and expiration date you submit to MaI Lifestyle Indoor Décor website regarding your credit or debit card(s), (Credit or debit cards)
3.3 MaI Lifestyle Indoor Décor Website Users collects the aforesaid information from you in the following manner:
3.3.1 User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a MaI Lifestyle Indoor Décor website user and/or thereafter by you actively transacting, updating or supplementing such details in your MaI Lifestyle Indoor Décor website users Account.
3.3.2 MaI Lifestyle Indoor Décor uses the information that MaI Lifestyle Indoor Décor website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.
3.3.3 We use your Debit or Credit Card Details to provide the Services (including the verification thereof when you transact with MaI Lifestyle Indoor Décor) and, should fees be charged for some Services and you have selected a credit or debit card as your means of payment, we shall debit that credit or debit card for such fees owed by you. We use your Personal Information/Details to greet you when you access your MaI Lifestyle Indoor Décor User Account, to manage and administer your use of the Services and fulfil our contractual obligations, including the verification of your identity when you transact with MaI Lifestyle Indoor Décor.
3.3.4 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website/Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform you, subject to obtaining your prior agreement, of competitions, promotions and special offers from us and/or any of our partners and/or affiliates.
3.3.5 Any user, who commits any of the offences detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting losses or damages suffered and/or incurred by MaI Lifestyle Indoor Décor and its partners/affiliates.
3.4 You may not:
3.4.1 Provide any incorrect information to the website or MaI Lifestyle Indoor Décor;
3.4.2. Change, copy, decompile or reverse-engineer the website or use the website to make derivative copies;
3.4.3. Lease, sell, assign or in any other way to distribute the website or any information gotten from the website without the prior written consent of MaI Lifestyle Indoor Décor;
3.4.4. Use malicious search technology, including but not limited to spiders and crawlers;
3.4.5. IFrame any pages of the website;
3.4.6 Deep-link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website
3.4.7. Use the interactive sections of the website, for instance, forums, clubs, surveys and e-mails, to post any material which in MaI Lifestyle Indoor Décor discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. MaI Lifestyle Indoor Décor does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/or articles, at your sole risk and responsibility. MaI Lifestyle Indoor Décor is not liable for damages or other adverse consequences caused by the use of the submissions.

Conclusion Of Sales And Availability Of Stock

4.1. A sales order will only be deemed as completed once you have completed the purchase cycle, an approved payment/order confirmation is received and delivery has taken place. We will confirm your purchase order with you via your specified email. By placing a product in your shopping cart or adding a product to a wish-list does not make up a sale nor are such products, its price nor its quantities reserved. If you complete the purchase cycle for such products at a later stage MaI Lifestyle Indoor Décor cannot be held liable to honour any price changes or if such products are not available.
4.2. MaI Lifestyle Indoor Décor shall use reasonable attempts to make the advertised stock available at the displayed price, for the period specified. Where there is expressed stock limitation or availability, MaI Lifestyle Indoor Décor shall supply the consumer with equivalent stock as an alternative to the advertised stock. In the event of running out of stock on the expressed stock limits, MaI Lifestyle Indoor Décor may limit the number of sale goods per consumer. However, MaI Lifestyle Indoor Décor strives to ensure that we minimize out-of-stock situations and will take all reasonable measures to make your purchased product available at the advertised price or inform you of an equivalent product option

Returns/Refunds And Warranty

A refund is deposited directly into your credit card or bank account. This process may take up to 30 working days. A refund processing period will only start from the time we have received the returned goods

Goods may only be returned in terms of the Consumer Protection Act, Act 68 of 2008 (“the CPA”). If you are entitled in law to return goods, then and in line with the CPA, a handling fee of up to 15% of the value of the goods may be charged when the product/packaging is not returned in its original purchase condition.

5.1. Return of Goods
5.1.1. Non-returnable/ non-refundable items:
5.1.1.1 Delivery and or installation costs
5.1.1.2 Pre-paid cards
5.1.1.3 Digital content
5.1.1.4 Any damaged or abused items.
5.1.1.5 Computer and gaming software, speakers, CD’s, DVD’s and Blu-ray discs unless we find that the goods were defective at the time of purchase.

5.2. Under no circumstances will we accept returned goods where the consumer has been allowed to inspect the goods before the purchase and subsequently changed his/her mind about the goods; they have damaged the goods in negligence; the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our own or the manufacturer’s instructions, and/or have been subjected to misuse or abuse.
5.3. We sell goods for domestic use only and for the purpose for which we manufactured them. It will also exclude normal wear and tear. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect.
5.4. Subject to these terms, all goods carry an implied warranty by following the Consumer Protection Act 68 of 2008, (“CPA”) which gives the consumer the right to return the defective goods in terms of section 20, read together with section 56 of the CPA. Our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law. The implied warranty on goods supplied places an obligation on MaI Lifestyle Indoor Décor to accept the return of unsafe or defective goods within six months of delivery. In the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA, the consumer has the right to return goods to MaI Lifestyle Indoor Décor if:
5.4.1 The consumer finds within 10 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);
5.4.2 The consumer did not examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
5.4.1 The consumer has refused delivery of those goods because they were mixed with items that were not ordered, as contemplated in section 19(8).
5.5. You are entitled to cancel any sale concluded on this Website (online sales) within 7 days after receipt of the goods and to get a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date).
5.6. In the unfortunate event that your purchased goods become defective, you may opt to take it to any MaI Lifestyle Indoor Décor store. You are entitled to the following option of as per the CPA (after goods have been inspected and assessed):
5.6.1 Have such goods repaired
5.6.2 Have goods replaced
5.6.3 Be refunded the price paid
5.7. If we find the goods to not be faulty, you will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty because of misuse, abuse or negligence.
5.8. The warranty does not cover any defects caused by foreign objects or connection errors that are not part of the appliance, including but not limited to;
5.8.1 Use other than domestic use by the customer or his/her immediate resident family at the declared addresses appearing on the front of this document;
5.8.2 Failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;
5.8.3 The use of accessories which have not been approved by the manufacturer;
5.8.4 The application and/or use of any incorrect or abnormal electrical or water supply to the appliance;
5.8.5 Any defect in wiring, electrical connections or plumbing which does not form part of the appliance at the time of the original purchase;
5.8.6 The presence in the appliance of objects which we do not intend the appliance to cope with, such as hairpins, coins and buttons in washing machines, hot food in fridges and chewing gum and wax crayons in tumble dryers;
5.8.7 Neglect, misuse, or willful abuse of the appliance;
5.8.8 Anything related to the appearance of the appliance which does not in MaI Lifestyle Indoor Décor sole opinion prevent the appliance from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as discolouring of any part of the appliance, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, shelves or any portion of the product which is glass;
5.8.9 Rust or the effects of rust;
5.8.10 10 Repairs or attempted repairs of the appliance by any person other than MaI Lifestyle Indoor Décor or its authorized repairers;
5.8.11 Any modification of the appliance by any person other than MaI Lifestyle Indoor Décor or its authorized repairers;
5.8.12 Parts or items of the appliance which are expected to wear out before the extended warranty period expires, including but not limited to, batteries, filters, disposable bags, rubber or plastic hose pipes, drive or fan belts, fuses and/or light bulbs cartridges, toners or ribbons;
5.8.13 Fire, flood, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of MaI Lifestyle Indoor Décor;
5.8.14 Any defect arising out of the design of the appliance
5.8.15 Any defect caused by a lightning strike or power surges
5.8.16 Blown or damaged speakers arising from misuse;
5.8.17 Any damage caused because of the use of generic or re-filled cartridges;
5.8.18 Any loss or destruction of, or any damage to any property, or any loss expense arising therefrom, or any consequential loss or any liability of nature directly or indirectly caused by or contributed to, by or arising from ionizing radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.
5.9. With cameras, the warranty does not apply to any accessories, batteries, charges, attachable lenses or additions which do not make up the main body of the camera. With TV’s; Hi-Fi’s; VCR’s or DVD’s–remotes are not covered.
5.10. MaI Lifestyle Indoor Décor will not be liable for the costs of;
5.10.1 Maintenance, including cleaning, clearing of blockages and overhaul, insect infestation or paper jams;
5.10.2 Work covered by the manufacturers’ recall of the appliance;
5.10.3 Call out charges where the breakdown is not covered by the extended warranty;
5.10.4 And material or labour which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.
5.11. MaI Lifestyle Indoor Décor will not, in any circumstances, be liable for any consequential loss or damages suffered by the customer, whether directly or indirectly related defect in the appliance to the extent permissible by law.
5.12. Repairs may not be effected without prior authorisation from MaI Lifestyle Indoor Décor.
5.13. With an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labour and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call-out charge should no defect be found in the appliance.
5.14. The repair will be carried out in terms of the warranty within a radius of sixty kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, we will charge the customer at the prevailing AA rate per kilometre.
5.15. MaI Lifestyle Indoor Décor authorised repairers reserve the right to not do house calls in areas where their safety may be at risk.
5.16. Certain products will contain their supplier warranty, and we advise you to keep the same and refer to the same warranty for any differences in the above.

Refund Policy With Regards To Custom Made Products

Made to order products have been produced specifically for you, therefore no refunds or exchanges can be made. If there is an error on our part regarding the product specification or if the product is found to be faulty, MaI Lifestyle Indoor Décor will rectify the fault.

MaI Lifestyle Indoor Décor will at their discretion collect and refund goods that are unsuitable In terms of style or size however a 10% handling fee will be applicable.

Displaying Of Prices

All pricing displayed on the web is inclusive of the current South African VAT, in South African Rands, and are subject to price changes and may change with no warning or notification. Please note that all prices displayed exclude the cost of delivery. MaI Lifestyle Indoor Décor takes utmost care to ensure that the displayed prices are correct.

Where pricing on the website differs from the actual in-store pricing, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and we have taken reasonable steps to rectify the error and, or where it is a website specific promotion for online purchases only or in branch-specific promotion for branch purchase only. Hence such promotional pricing will not be honoured. If a mistake is made or we display the incorrect price, we will correct this as soon as we are made aware of the incorrectly displayed price.

Goods made to order will be charged differently as per the specifications.

Delivery

Delivery prices differ and is determined by:

Delivery periods will be effected as per selected delivery type and delivery province and / or area after collection from point of dispatch and between Major Centre's from Monday to Friday.

It is important to note that delivery timelines differ and is determined by province

Unless otherwise specifically stated or specifically agreed to, the delivery charges will be for your account.

Please notify us within 24 hours of receipt of delivery in the regrettable event that you receive a damaged product. We will do our best to have the damaged product collected and a new product delivered to you within a maximum of 48 hours (weekdays only).
- 8.1. General Delivery Information
  - 8.1.1. MaI Lifestyle Indoor Décor delivers within the borders of South Africa only.
  - 8.1.2. Deliveries are door-to-door and must be to a physical address within the borders of South Africa and not a Post Box. We do not deliver to any postal addresses. Please ensure all delivery details including the postal code are accurate, as you will be liable for all additional handling and shipping charges because of such errors. Please ensure someone is available to sign for and receive your goods at the time of delivery. We will deem it you, as the purchaser, assigns without prejudice and without a proxy, to a party other than yourself, to sign for your goods at your specified and confirmed delivery address should you not be present at the time of delivery.
  - 8.1.3. You accept that MaI Lifestyle Indoor Décor does not have to prove that you received the delivery of such goods. You agree that it would only require us to prove that someone, not necessarily yourself, signed for the goods at your specified and confirmed delivery address. Although we monitor every purchase order to ensure we deliver your package.
  - 8.1.4. Should you have not received your delivery of goods after 24 hours of the expired delivery period, you need to contact us within a maximum of 48 hours. Should you not notify us of a ‘no delivery’ within the period, you agree that we would deem you received the purchased goods.
  - 8.1.5. Delivery of products purchased through the online store is subject to the geographical delivery framework as determined by our courier partner. Should your delivery address fall into one of these categories, you will be liable for any additional costs incurred in delivery, storage and or returning the parcel. (Category list as follows; plots, farms, mines, military bases, major chain stores, power stations, game reserves and lodges and harbours)
- 8.2. Failed delivery:
  
  In the unfortunate event that you receive a delivery whereby the goods delivered to you does not match your products or its quantity as per your waybill/purchase order, you agree to notify us immediately upon receipt of such delivery on to have the incorrect goods collected and the correct goods delivered to you.
  - 8.2.1. We will notify you of a failed delivery i.e. where no one was at the specified delivery address to receive and sign for the goods at the time of delivery. We will attempt to reschedule the delivery with you within 24–48 hours; however, you may be liable if we incur any additional handling and shipping charges for a re-delivery.
  - 8.2.2. Goods shipped in error /Incorrect goods delivered:
- 8.3. Damaged Goods delivered:
8.4. Price of delivery:
- 8.4.1. Location within major centers or outlying Delivery Areas
- 8.4.2. Type of delivery. (Normal order, special order, customer order)
- 8.4.3. Weight and Dimensions of the total purchase order.
- 8.4.4. In the event of special delivery deals, the price of the product or total purchase order value could determine the delivery rate.
- 8.4.5. The price of your delivery is calculated automatically and will be displayed before the payment process, in the shopping cart and at checkout.
8.5. Delivery Periods important to note:
- 8.5.1. Delivery service will start on payment confirmation received (or only after requested supporting documents like the verification of a TV License and a copy of an I.D) have been received.
- 8.5.2. We deliver from Monday to Friday from 08:00 to 17:00 to both business and residential addresses. No deliveries take place on a Saturday or Sunday or any other Public Holiday. We may request identification upon delivery.

Lay By Terms And Conditions

In this agreement, unless the context shows differently: -
10.1. Lay By Terms and Conditions (T&Cs)
10.1.1. “Agreement” means these terms and conditions, including the Schedule and all written notices that the supplier has given to the consumer;
10.1.2. “business day” means any day except a Saturday, Sunday or South African public holiday;
10.1.3. “consumer”/ “you”/ “your” means the person who has agreed to enter this Agreement and whose details are recorded in the Schedule;
10.1.4. “Schedule (s)” means the Retail Lay-by Schedule attached to these terms and conditions which records the purchase price of the goods, the number of amounts to be deposited, the quantity of the amounts to be deposited, the dates on which the amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;
10.1.5. “supplier”/ “we”/ “us”/ “our” means MaI Lifestyle Trading And Projects Pty (Ltd);
10.1.6. “VAT” means the value-added tax chargeable under the Value-Added Tax Act 89 of 1991;
10.1.7. the headings of the various clauses in this Agreement have been inserted purely for convenience, and they will not be used to interpret the Agreement.
10.1.8. any reference to a gender includes the other genders; and
10.1.9. the singular includes the plural and vice versa (the other way around).

Introduction

You have agreed: -
10.2.1. to buy the goods set out in the Schedule on lay-by; and
10.2.2. to pay for the goods by making regular deposits until payment of the full purchase price, as set out in the Schedule.
10.2.3. You understand and agree that the goods will not be delivered to you and you will not become the owner thereof until you have paid the full purchase price for the goods. The goods will remain at our risk until you have accepted delivery of them Lay By Terms and Conditions (T&Cs)

10.3.1. this Agreement represents the entire agreement between you and the supplier and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorised representative of the supplier; and
10.3.2. for this Agreement “signature” or “signed” does not include an electronic signature as contemplated in the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”).
10.4. PAYMENT OF DEPOSIT AND INSTALMENTS.
10.4.1. You understand and agree that:
10.4.1.1. You will pay an initial deposit of 30% at the inception of the contract and thereafter 35% per month for the remainder of the lay by period
10.4.1.2 if before the full purchase price of the goods is paid by you, the VAT rate is changed concerning the supply of the goods, we may recover the VAT increase from you before delivery of the goods.
10.4.2. The Agreement will start upon signature of the Agreement and payment of the initial deposit set out in the Schedule.
10.4.3. Thereafter, you must deposit the monthly amounts by the due date until the last payment date. You must deposit all amounts at the address of the store, as detailed in the Schedule, or via a direct deposit into the bank account of the store.
10.4.4. We will apply the deposits towards the settlement of the purchase price on the last payment date.
>10.5.
10.5.1. If you end the Agreement before paying the full purchase price, or fail to complete the payment for the goods within 60 (sixty) business days after the last payment date, we:
10.5.2. may charge a termination penalty of 1% of the full purchase price of the goods. At your request, we will provide you with written details on how the penalty was calculated. We will not charge a termination penalty if sufficient proof that your failure to complete payment was due to death or your hospitalization;
10.5.3. after deducting the termination penalty (if any), we will refund you any amounts paid by you under this Agreement;
10.5.4. You understand and agree that if the agreement had been terminated for any reason and you wish to buy other or similar goods, they will require you to agree with us and the current price of the goods will then apply.

Statement Of Accounts and Communication

10.6.1. We will deliver a monthly statement of account to you by email
10.6.2. You must check each statement as soon as you receive it and inform us within 7 days of receipt if you think a statement is not correct.
10.6.3. It is your responsibility to provide us with the correct contact details and to inform us of any changes.

Delivery Of Goods

10.7.1. We will make every reasonable effort to deliver the goods to you as soon as possible after we have received the full purchase price of the goods
10.7.2. We cannot be responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond our control (“force majeure”.) We will not be liable to you for any loss arising from any failure or delay in performance or providing the goods resulting from “force majeure” events. We will use reasonable attempts to continue to perform in terms of this Agreement as soon as performance becomes possible. We may contact you to agree on alternative dates for delivery, but will not require you to accept delivery at an unreasonable time.
10.7.3. You understand and agree that the goods, as set out in the Schedule, are identified and described by style, make, model, kind, design or category (“Type”). This does not mean that we set aside specific goods for the duration of the Lay-by agreement, but that we deliver that Type to you after receipt of the full purchase price for the goods.
10.7.4. If for reasons beyond our reasonable control, we cannot deliver that Type to you, we will, at your option: -
10.7.4.1. . supply you with an equivalent quantity of goods that are comparable or superior in description, design or quality; or
10.7.4.2. refund to you the amounts deposited with us for the goods, with interest, under the Prescribed Rate of Interest Act 55 of 1975.
10.7.5. It is your responsibility to provide us with the correct delivery address before delivery of the goods.

Transfer Of Rights

10.8.1. Unless you have got our prior written consent, it will not entitle you to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement.
10.8.2. You allow us and agree that we may cede any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to provide prior notification to you in the event of any such cession or transfer.

Address For Notice And Legal Processes

10.10.1. You agree to accept any notice and legal processes under this Agreement at the address recorded in the Schedule. (This address is known in law as your domicilium citandi et executandi or domicile address).
10.10.2. If you want to change the address where you agree to accept notices and legal processes, then you must send us a notice in writing by registered post. The notice must: -
10.10.2.1 . inform us you are changing your address; and
10.10.2.2 set out the new address at which you agree to accept notices.
10.10.5. Any new address must be a physical address in the Republic of South Africa.
10.10.6. If we send a notice to you: -
10.10.6.1 by prepaid registered post to your address, we will treat it as if you have received it 7 (seven) days after posting; and
10.10.6.2 by hand, we will treat it as if you have received it on the date of delivery.
10.10.7. When we treat a notice as if you have received it by a certain date, it means that we do not have to prove that you received it then. If you claim that you did not receive the notice by that date, then you will have to prove it.

Governing Law And Jurisdiction

10.11.1.This Agreement is governed by the laws of the Republic of South Africa.
10.11.2. You agree that the supplier may bring legal proceedings against you relating to this Agreement in any Magistrate’s Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent the supplier from bringing legal proceedings in a High Court that has jurisdiction.

General

10.12.1. We do not lose any of our rights under this Agreement if we do not insist immediately and in every instance on these rights. You may not use it as a defence if we had a right which we did not enforce at the relevant time.
10.12.2. If any term or condition of this Agreement becomes unenforceable for any reason, that term or condition is severable from and shall not affect the validity of any other term or condition in this Agreement.
11. ONLINE EXCLUSIVE PROMOTIONS:

Online Promotions

11.1. These Terms of the Online Exclusive Offers (Promotion) together with the Standard Terms and Conditions https://www.mailifestyleindoordecor.com set out the terms and conditions that will apply when you place an order through the MaI Lifestyle Indoor Décor operated website only and you purchase goods advertised as part of this promotion. Please note that the terms and conditions that apply to this promotion differ in certain parts from the terms and conditions that apply to order other products. We will explain later such differences in these Terms. If you cannot understand or have questions about these Terms, please contact MaI Lifestyle Indoor Décor Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions before each order that you submit.
11.2. The Promotion is the sale of certain online-only products as advertised on the specific product, for the advertised specific day, whereby the advertised goods will be sold at a discounted price for that specific day, and available for purchase online only.
11.3. The Promotion starts at MaI Lifestyle Indoor Décor online only on the advertised and advertised day at 08:00 am and ends on the advertised and mentioned day at 00:00 pm. We will accept no purchases after midnight on the advertised and mentioned day.
11.4. You will need to be logged into the MaI Lifestyle Indoor Décor website to use the promotion.
11.2. ORDER AND ACCEPTANCE
11.2.1. Each order submitted, which includes the receipt of the full purchase price, makes up an offer to purchase products. Orders are subject toMaI Lifestyle Indoor Décor acceptance and may be refused at MaI Lifestyle Indoor Décor discretion, for example, where:
11.2.1.1 We cannot process orders because of an error in the information you have provided;
11.2.1.2 There is an error on the website relating to the products you have ordered, for example, an error relating to the price or description of the product as displayed on the website; or
11.2.2. The products you ordered are no longer available on the website.
11.2.3. After MaI Lifestyle Indoor Décor receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact MaI Lifestyle Indoor Décor before you try to place another order for the same product.
11.2.4. You will receive an email when your order is being dispatched confirming that your order was accepted and is on its way to you.
11.2.5. If you have questions regarding order acceptance policy (Agreement of sale), or if you consider that your order was rejected in error, please contact MaI Lifestyle Indoor Décor
11.3. PRODUCT AVAILABILITY
11.3.1. MaI Lifestyle Indoor Décor has the Right to change information about products displayed on the website. For example, information about prices, description or the availability of products and may do so without first giving you notice of the changes.
11.3.2MaI Lifestyle Indoor Décor will not, however, change the price, availability or description of any product after we have accepted an order and cannot guarantee the performance of any third party and shall not be held liable for any act or default by a third party.
11.3.3. Because of the stock quantity, each customer may not purchase more than one product using this Promotion.
11.4. CUSTOMER STARTED ORDER CANCELLATIONS AND CHANGES
11.4.1. You can change or cancel your order before we have processed your order. To change your processed order, please contact MaI Lifestyle Indoor Décor. If we have already dispatched your order, you can request a refund of the product, please see our Return Policy. WHERE?
11.5. DELIVERY
11.5.1. Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, MaI Lifestyle Indoor Décor cannot promise that they are accurate.
11.5.2. The product that is delivered to you will become your property at the time that you receive it, provided that MaI Lifestyle Indoor Décor has received full payment for the product. As soon as MaI Lifestyle Indoor Décor has delivered the product to you, you will become responsible for it and any loss or damage to it thereafter.
11.5.3. Please see the delivery policy for further details.
11.6. GENERAL
11.6.1. Participants of this promotion agree that MaI Lifestyle Indoor Décor will, subject to prevailing law, have no liability for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the promotion, or participation in this promotion.
11.6.2. If they deem any provision or part of these rules void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the rest of these Rules shall remain in force.
11.6.3. Any violation of these rules will cause the immediate disqualification of the transgressing participant from the promotion.

Ownership And Content

All materials published on the MaI Lifestyle Indoor Décor website are protected by copyright and owned or controlled by MaI Lifestyle Indoor Décor or the party accredited as the producer of the content, software or other material. We shall construe nothing in these terms and conditions of use as conferring by implication or otherwise, any license or right under this copyright, trademark, database right or other intellectual property or proprietary interest of MaI Lifestyle Indoor Décor or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of MaI Lifestyle Indoor Décor or are used by MaI Lifestyle Indoor Décor under license. MaI Lifestyle Indoor Décor will prosecute any violation of intellectual property rights to the fullest extent that the law permits. We prohibit reproduction of part or all of the contents in any form other than strictly for individual use.

If you respond to MaI Lifestyle Indoor Décor via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential. MaI Lifestyle Indoor Décor will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. MaI Lifestyle Indoor Décor will also be able to use any ideas, concepts, know-how or techniques in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information. By submitting information, you agree that MaI Lifestyle Indoor Décor may publish the information, use it as part of its operations, and incorporate its concepts in MaI Lifestyle Indoor Décor goods or for any other purposes, which MaI Lifestyle Indoor Décor considers necessary, without liability.

MaI Lifestyle Indoor Décor will deal with your personal information in terms of the privacy policy

Disclaimer

- 14.1.1. When you visit the MaI Lifestyle Indoor Décor Website, you consent to receive communication from MaI Lifestyle Indoor Décor electronically and agree that all agreements, notices, disclosures and other communication sent by MaI Lifestyle Indoor Décor satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
- 14.1.2. You ensure that the goods are fit for the purpose for which you want to buy them and are in excellent condition and free of any form of defects before you take delivery of the goods. It is the responsibility of the customer to ensure, before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions before the installation or use of all products purchased from MaI Lifestyle Indoor Décor . You are to keep proof of any repairs conducted and allowed by MaI Lifestyle Indoor Décor and proof of purchase on all returned goods.
- 14.1.3. You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the room/intended location or through a door.
- 14.1.4. The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods particular purpose.
- 14.1.5. MaI Lifestyle Indoor Décor provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error-free. While MaI Lifestyle Indoor Décor attempts to provide accurate and timely information, MaI Lifestyle Indoor Décor cannot guarantee this. MaI Lifestyle Indoor Décor may correct and change the website if required. The MaI Lifestyle Indoor Décor goods and services described on the website are available in RSA
- 14.1.6. Although MaI Lifestyle Indoor Décor has tried to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment and MaI Lifestyle Indoor Décor cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. MaI Lifestyle Indoor Décor will not be liable for any other website provided by any third party. It does not include all accessories shown with products for presentation in the price, nor are such products guaranteed to be available for sale by MaI Lifestyle Indoor Décor . In the event of delivery delays or out-of-stock situations, we will notify you and we will do our very best to ensure a speedy fulfilment.
- 14.1.7. Image Disclaimer: Where products are displayed with compatible devices, we will not include these devices as part of the sales price unless specifically identified as part of a product bundle. In all other cases, we show images to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.

Limitation Of Liability

MaI Lifestyle Indoor Décor is to be exempted from any liability due to a customer failing to provide accurate registration information, or a customer failing to view special warnings, etc.

Subject to applicable law, you agree to indemnify, defend, and hold MaI Lifestyle Indoor Décor harmless against any claim or liability (including attorneys’ fees) arising out of your use of the website.

Availability And Termination Of Orders

MaI Lifestyle Indoor Décor may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages.