TERMS AND CONDITIONS
- This website provides an online shopping platform and operates with the name The Indoor Market (TIM). The website can be accessed at www.theindoormarket.co.za and the related mobi-site (the “Website”). These Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
- These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website, including without limitation each user who registers on the website. By using the Website and by activating an account on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website enables users to shop online for an extensive range of goods.
- Important Notice
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”)
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which – may limit the risk or liability of TIM; and/or may create risk or liability for the user; and/or may compel the user to indemnify TIM; and/or serve as an acknowledgement, by the user, of a fact. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask TIM to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or TIM in terms of the CPA.
- TIM permits the use of this Website, subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
- Only suppliers that have undergone the vetting process will be allowed to sell their products on TIM.
We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it, or credit your account, subject to the below terms. These Terms and Conditions apply to products bought on the Website and is related to any of the subheadings below.
a: Unwanted products
- You can return an unwanted product to us at no charge, provided:
- it is undamaged and unused, with the original labels and stickers still attached;
- it is not missing any accessories or parts;
- you log a return on the Website within 30 days of delivery to you or collection by you of the unwanted product. After 30 days, you can only return a product if it is defective;
b: Changed your mind?
- Where you have changed your mind and would like a credit for a product, you can return it – provided the product is not:
- a foodstuff, beverage or other product intended for everyday consumption;
- a nursing or maternity product that has been unsealed, including (but not limited to) breast pumps, bottles, formula, maternity underwear, nappies and wipes;
- a beauty product or fragrance which has been used;
- a product which has been personalised for you or made to your specifications; or
- a furniture product that has been assembled after delivery.
c: Want to exchange?
- Fashion and sportswear products can be exchanged for a different size or colour variation, provided that such variation is available. A reconditioned product or used product can only be exchanged for a variation of the same reconditioned product or used product, if such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).
- We are entitled to inspect the product to validate your return.
d: Not what you ordered?
- If we accidentally deliver the wrong product to you, or if the product is not as described on the Website and is missing any accessories or parts, please notify us and we will collect the product from you at no charge. (Please refer to “e” below if the product has missing parts or accessories)
- Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).
e: Products damaged on delivery
- Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the Website.
- We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).
f: Defective products
- We do our best to ensure that the products we deliver to you are of a high quality and in good working order and without defects.
- The following will NOT be regarded as defects and will not entitle you to a return under this section 3:
- faults resulting from normal wear and tear;
- damage arising from negligence, user abuse or incorrect usage of the product;
- damage arising from electrical surges or sea air corrosion;
- damage arising from a failure to adequately care for the product;
- damage arising from unauthorized alterations to the product;
- where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and
- If you have received a product which turns out to be defective or otherwise of poor quality, please notify us as soon as is reasonably possible after you become aware of the defect or poor quality. You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).
g: Extended Supplier Warranty (stipulated on product page)
- A product may have a supplier warranty. If such a product turns out to be defective after the stipulated date after delivery / collection, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.
- You can do so by logging a return on the Website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.
- Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated on the product page and the product packaging. It is your responsibility to make yourself aware of any such warranties.
- It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. The Indoor Market is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer.
- Preparing your products for a return
To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;
- package your products safely and securely for protection during transit;
- clearly mark your return reference number on the outside of the parcel; and
- include all accessories and parts that were sold with the product.
- Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.
- We will collect the product from you at no charge. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product (or refund you if that is your preference).
Registration and use of the website
- Only registered users may purchase items on the Website.
- To register as a user, you must provide a unique username and password and provide certain information and personal details to The Indoor Market.
- You agree and warrant that your username and password shall: be used for personal use only; and not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
- You agree to notify The Indoor Market immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised representative of The Indoor Market.
Conclusion of sales and availability of stock
- Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns conditions.
- Placing Goods in the shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold The Indoor Market liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- We cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, The Indoor Market will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- We are committed to providing a secure online payment facility. As a result only Electronic Funds Transfer (EFT) immediate payments are accepted.
- Payment is not to be made upon receipt of the order as this is merely a confirmation of the items purchased and does not include the delivery fee.
- Payment must be made upon receipt of invoice. TIM will not accept your order if payment has not been received.
- Delivery in and around Johannesburg is charged at a flat rate of R100. For persons residing outside Johannesburg area, delivery fee is based on courier costs that will be communicated to you separate from the invoice.
Delivery of goods
- TIM delivers your goods to the delivery address specified on your registered profile.
- Our delivery charges are subject to change at any time, without prior notice to you.
- The Indoor Market obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. The Indoor Market is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns conditions.
- The Indoor Market shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
Gift Vouchers & Coupons
- The Indoor Market may from time to time make physical or electronic gift vouchers and promotional coupons or discounts available for use on the Website towards the purchase of goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
- Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. The Indoor Market is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
- If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Coupon is still valid. If The Indoor Market confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
- You may be required to submit the original communication containing the Coupon code, and any other information requested by The Indoor Market, before you are able to use a Coupon.
- We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
- Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to your name and surname; your email address; your physical address; your gender; your mobile number; and your date of birth.
- Should your personal information change, please update your information as soon as reasonably possible to enable us to update your personal information.
- We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, The Indoor Market is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
- We will ensure that all of our employees, third party service providers, divisions, affiliates and partners having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
- Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
- TIM undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms and Conditions.
- Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
Changes to these Terms and Conditions
- The Indoor Market may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
- Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
- When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy conditions.
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst The Indoor Market takes reasonable measures to ensure that the content of the Website is accurate and complete, The Indoor Market makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by representatives of The Indoor Market, we shall not be bound thereby.
- The Indoor Market disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Indoor Market also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of The Indoor Market, its employees, agents or authorised representatives. The Indoor Market thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third party websites
- This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and The Indoor Market is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of liability
- The Indoor Market cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of The Indoor Market, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Contact Us page.
- You hereby indemnify the indoor market against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
Availability and termination
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- The Indoor Market may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that The Indoor Market will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- The Indoor Market is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by The Indoor Market to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and The Indoor Market, in whole or in part, on notice to you.
- At any time, you can choose to stop using the Website, with or without notice to The Indoor Market.
Governing law and jurisdiction
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- In the event of any dispute arising between you and The Indoor Market, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- Notices must be emailed to us and must be in English. All notices sent -by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
- We are a participant under the Consumer Goods and Services Industry Code and are bound by it.
- If we don’t resolve your complaint within 15 (fifteen) business working days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272
- The Indoor Market may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or The Indoor Market to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.