Terms and conditions
Introduction
This website is operated by Hoop Modular (Pty) Ltd (“hoop”, “we”, “us” and “our”) and can be accessed at www.hoop.co.za, and related mobi-sites (“the Website”). These terms and conditions govern the use of the Website and the acquisition, sale
and delivery of Products. These terms and conditions are binding and enforceable against any user of the Website, including but not limited to any user who acquires Products through the Website and/or registers as a registered user of the Website. The Website enables you to shop online for kitchen, household, bedroom and furniture and joinery items (“the Products”).
Important Notice
These terms and conditions apply to the Website and shall be binding between all parties in relation who make use of the Website in anyway whatsoever. They are subject to change, at the sole and absolute discretion of hoop, at anytime whatsoever, without notification. As a user of the Website you full take responsibility to familiarise yourself with these terms and conditions, and any changes thereto, from time to time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any service or Product provided on the Website.
Orders
Any order placed via this Website is done so at your own risk and we do not take any responsibility regarding the accuracy of the Product information and detail provided on the Website. Such information is provided in a reasonable manner but should not be relied upon without first consulting our support services (support@hoop.co.za) for further information and detail.
We reserve the sole and exclusive right to refuse any order based on, but not limited too, a particular Product being out of stock or discontinued, payment not being authorised correctly, an identification of an error in the description, price and/or
detail of a particular product appearing on the Website, or the incorrect purchaser information being supplied that can not be appropriately verified by Hoop.
All prices displayed on the Website are displayed in Rand (ZAR), inclusive of VAT, and are subject to change, without notice, at any time. All prices are exclusive of delivery costs, which will be included on checkout.
We shall not be responsible, in any way whatsoever, for incorrect delivery details being provided whilst placing an order on the Website. Should you enter in the incorrect details or require your delivery address to be changed, please contact support@hoop.co.za immediately.
The receipt of an electronic, or other form of notification, that your order has been placed on the Website does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell you the Product. We reserve the sole and exclusive right, after receipt of an order, to refuse, decline or limit an order, for any reason whatsoever.
Payment
We accept payments made with a Credit and Debit Cards and EFT (Electronic Funds Transfer).
Upon receipt of an order we reserve the right to carry out a standard preauthorisation check on your payment to ensure that there are sufficient funds available to fulfill your order. The Product(s) shall not be manufactured and/or delivered until such time that the pre-authorisation check has been undertaken. Should the financial institution responsible for issuing your payment refuse to do so for any reason whatsoever, you will be notified immediately and your order will be cancelled.
Copyright
The Parties acknowledge and agree that hoop is the owner and rightful user of all Intellectual Property (“IP”) in the Products manufactured, produced, supplied or otherwise provided by hoop, or arising from the Website, in the implementation of the provision of the Products, being but not limited to processing know-how, processing knowledge, all patents, patent applications, patent disclosures and inventions, Internet Domain names, trademarks, service marks, trade address, trade names, logos and corporate names, registrations, applications for registration thereof together with all of the goodwill associated therewith, copyrights (registered or unregistered), copyrightable works, registrations, applications for registration thereof, mask works and registrations, applications thereof, computer software, data, databases and documentation thereof, trade secrets and other confidential information (including ideas, formulas, compositions, inventions (whether patentable or unpatentable and whether or not reduced to practice), know-how, manufacturing and production processes and techniques, research and development information, drawings, specifications, designs, plans, proposals, technical data, financial and marketing plans and customer and supplier lists and information, and copies and tangible embodiments thereof (in whatever form or medium), in respect of any product, products or / and products produced, designed, manufactured or sold whether directly or indirectly by hoop.
Disclaimer
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website and/or the reliance of any information provided on the Website.
Whilst hoop takes all reasonable steps and measures to ensure that the content of the Website is accurate and complete, hoop makes no representations or warranties whatsoever, 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 of the information and/or detail provided on the Website.
Although Products sold from time to time on the Website may, under certain select circumstances, be under warranty, the Website itself and all information and detail provided thereon is provided “as is” without any warranty and/or guarantee of any nature, neither express nor implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, to the full extent applicable and allowable in law.
Any views or statements made or otherwise expressed on the Website are not necessarily the views of hoop, its directors, employees and/or agents.
Notwithstanding the disclaimers contained herein or elsewhere on the Website, hoop makes no warrant or representation, whether express or implied, that the information and/or detail provided on the Website shall be 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 Hoop, its employees, agents or authorised representatives. hoop therefore 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.
Limitation of Liability
Under no circumstances will hoop be liable for any loss or for any incidental, special and/or consequential damages arising out of or in connection with the provision of the services and/or Products by hoop in terms of the Website, including but not limited to product information, pricing, delivery, usability, quality and suitability, whether directly or indirectly provided, or the delivery, installation or use of the Products.
Without limiting the generality of the aforegoing, should you suffer a loss as a result of the defective provision of any service and/or Good rendered in terms of the Website, Hoop’s liability will be limited to rectifying the problem within a reasonable period of being notified thereof.
Notwithstanding the above, hoop shall not be liable, howsoever arising, for any delay and/or failure arising from the delivery of the Goods.
Governing Law
This Website, and all mcorresponding websites and/or agreements in relation hereto are governed in terms of the laws of the Republic of South Africa and are to be interpreted by the application of the laws of the Republic of South Africa.
Severability
Should any provision set forth in these terms and conditions conflict with any unalterable, unexcludable, applicable law shall be treated pro non scripto and shall be severed form the balance of the provisions set forth herein, which shall continue to be of full force and effect.
Notices
The parties hereto chosen address for the purposes of the giving of any notice, the payment of any sum, the service of any process and for any other purpose arising from the Website, at the respective addresses set our in any order contemplated in terms hereof. Any written notice in respect of the terms of the Website shall be sent via email and shall be deemed to have been received on the day of transmission.