Terms & Conditions
Company Information
This eCommerce website is run by Hers & His Home (PTY) Ltd. T/A Mesmerize Lighting with registration number: 201506287607 and VAT Registration no. 4220269007.
Detailed Description of Goods & Services
Mesmerize Lighting is an online eCommerce retailer of premium LED lighting products made for sale online for South African home and business owners with branches in Port Elizabeth, Durban, Johannesburg and Cape Town.
Sales Quotations
For all customers that are making a purchase using a quotations or not purchasing products directly from the Mesmerize Lighting e-commerce storefront online, and for any and all Sales Quotations emailed / faxed / sent to customers by an authorized sales representative at Mesmerize Lighting, Mesmerizer’s Terms and Conditions will apply.
Shipping Policy
Subject to availability and receipt of payment, requests will be processed within one (1) working day and delivery confirmed by way of an email or telephonic update. Ownership of all goods sold and delivered shall remain vested in Mesmerize Lighting until the full purchase price has been paid.
Any delivery note (copy or original) signed by the client and/or its authorized representative and/or its nominated agent and held by Mesmerize Lighting, shall be prima facie proof that delivery was made to the client.
Mesmerize Lighting is entitled to engage a third party on its behalf to transport all goods purchased by the client to the delivery address stipulated by the client (see below). Short deliveries must not be accepted and all the goods must be given to the driver of the delivery vehicle for return to Mesmerize Lighting.
Returns Policy
All retail sales from the Mesmerize Lighting website are final at time of dispatch (except under order cancellation). Please refer to Returns and Warranty for full details.
Pricing Policy
The price of the goods sold or services rendered shall be the usual price as set out in the Mesmerize Lighting online price list at the time of the sale of the goods. Mesmerize Lighting however reserves the right to change the pricing of goods from time to time in future without prior notice to the client.
Order Cancellation
The provision of goods and services by Mesmerize Lighting is subject to availability. In cases of unavailability, Mesmerize Lighting will refund the client in full within 30 (thirty) days of the confirmation of order. Any cancellation of an order by the client must be conducted before the client’s order has been dispatched and will attract a 15% handling and restocking fee on the value of the order cancelled for administration purposes unless returned under the company’s Returns Policy.
Client Privacy Policy
Mesmerize Lighting shall take all reasonable and responsible steps to protect the all personal information of its users and clients. For the purpose of this clause, “personal information” is defined as in the Promotion of Access to Information Act 2 of 2000 (PAIA).
For more information about the PAIA, please visit http://www.doj.gov.za/paia/paia.htm.
The client confirms that all information given is accurate and complete, and the client agrees to update any supplied information when necessary in order to ensure the accuracy of the above information failing which Mesmerize Lighting will not be liable for inaccuracies.
Please refer to Mesmerize Lighting’s Privacy Policy for more information.
Responsibility
Mesmerize Lighting takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, client services and support, dispute resolution and delivery of goods unless otherwise stipulated within the general policies of the company.
A certificate issued and signed by any member of Mesmerize Lighting, whose authority need not be proved, in respect of any indebtedness of the client to Mesmerize Lighting or in respect of any other fact, including but without limiting the generality of the a foregoing, the fact that such goods were sold and delivered, shall be prima facie proof of the client’s indebtedness to Mesmerize Lighting and prima facie proof of delivery of the goods in terms of this contract.
Any document will be deemed duly received by the client within three (3) working days of pre-paid registered mail to any of the client’s business or postal addresses or the domicilium address of the client;
24 (twenty four) hours of being faxed to any of the client’s fax numbers on being delivered by hand to the client; or
48 (forty eight) hours if sent by overnight courier.
The client agrees that neither Mesmerize Lighting nor any of its employees will be liable for any negligent or innocent misrepresentations made to the client, nor shall the client be entitled to release from these terms and conditions on those grounds.
Arbitration
Mesmerize Lighting may refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on the client and Mesmerize Lighting. The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa, who shall then finally resolve the dispute or issue in accordance with the Rules of the Arbitration Foundation of SA. The arbitration must be held at the place and in accordance with whatever procedures, the arbitrator considers appropriate.
Indemnity
The customer indemnifies and holds Mesmerize Lighting (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against Mesmerize Lighting by any third party arising from or in connection with any defect, latent or otherwise in any goods supplied and/or services rendered by Mesmerize Lighting.
Country of Domicile
This eCommerce website and all other online documentation and functionality is governed by the laws of South Africa and Mesmerize Lighting chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature the following: Itshe Law 117 Villiers Road, Port Elizabeth.
Variation
Mesmerize Lightings may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Export Restriction
The offerings on this website is available to South African customers and clients only – see Shipping Policy for more details.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site’s owner or its content suppliers and protected by the Republic of South Africa and international copyright laws. The compilation of all content on this site is the exclusive property of this site’s owner and protected by the Republic of South Africa and international copyright laws. All software used on this site is the property of this site’s owner or its software suppliers and protected by Republic of South Africa and international copyright laws.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE’S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE’S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE’S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
