The following terms and conditions are only applicable to the persons, entities who fall within the Consumer Protection Act’s definition of a “Consumer”
The host/website phenomenallighting.co.za is owned and operated by phenomenallighting.co.za (Pty) Ltd. The Company includes representatives ,directors, employees, advertisers.
Features of this website, www.phenomenallightingboutique.co.za offers products for sale in its own right and on behalf of third-party sellers. When you place an order with phenomenallightingboutique.co.za the products may be supplied to you by us and the legal relationship of ‘buyer’ and ‘seller’ will be between you and the phenomenal lighting boutique as the supplier.
In any event, these Terms and Conditions govern the supply of any product ordered by you on the website. By ordering a product, you agree to be legally bound by these Terms and Conditions.
Clarification
Account clarifies the account that you will need to register in order to submit an Order.
Acknowledgement defines our confirmation of your order (typically sent by email).
“Business Day” defines any day other than a Saturday, Sunday, or public holiday in South Africa.
Customer defines individual who places an Order on our website.
Delivery Form defines anything that requires your signature to prove that you have received the goods. This can be a Tax Invoice, Delivery Note or Waybill.
Order defines the order submitted by you on the website to purchase a specific Product.
Product’s or Items means the supplier’s products to be sold to Customers via the website in accordance with this agreement.
You defines the Customer who places an Order on the Site.
We defines phenomenallightingboutique.co.za [Phenomenal lighting boutique Pty Ltd).
Website or Site means www.phenomenallightingboutique.co.za and pages directly linked there to.
Account clarifies that the account that you will need to register in order to submit an order.
Acknowledgement and Agrees defines our confirmation of your order sent by email.
1.Use of the Site
We grant you access, to use this website in accordance with this Agreement.
Violation of these Terms and conditions may result in account cancellation or restricted access without notice.
Third party links
We are not eligible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites unless the occurrence of any damage or loss were within our reasonable control. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or
PRODUCTS
Certain products or services may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange in accordance with our Return Policy.
The time of order some items might be out of stock – if so the phenomenallightingboutique.co.za will be in contact with you to recommend a similar item that is in stock or we will credit your account or make a full refund payment. Refund payments can take up to 7 days.
We have made every effort to display, as accurately as possible, the colours and images of our products that appear at the store. We cannot guarantee that your computer, devices monitor, screen display of colours will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, before or after payment, for any justifiable reason. The shipping cost that the customer incurs is not the true cost of the transportation –phenomenallightingboutique.co.za covers a portion of the shipping and therefore we reserve the right to cancel and refund an order at our own discretion, if reasonable in the circumstances. We may exercise this right on a case-by-case basis.
We reserve the right to reasonably limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time, at the sole discretion of us. We reserve the right to discontinue any product at any time, if reasonable in the circumstances.
We do not warranty that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, unless such expectations are reasonable in the circumstance.
We outsource our deliveries to the courier guy courier . Once items are delivered, there is a 7 day return policy available to you as the customer in terms of which the customer must notify info@phenomenallightingboutique.co.za by email if they wish to return the item. Once this time frame has expired, we can no longer accept any returns, no matter the reason. We are only responsible to deliver items to the specified delivery address. Transportation from the specified delivery address, or location that is done by yourself, is at your own risk and phenomenallighting.co.za will not be responsible
Personal information
Your submission of personal information through the store is governed by our Privacy Policy. Please view our privacy policy
Forbidden uses
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
In addition to other prohibitions as set in the Terms of Service, you are prohibited from using our website or its content
ORDER,REGISTRATION AND CANCELLATION
When you are placing an order online, you must be over 18 years of age, possess a valid credit or debit card and register for an account on the website. Only payments with South African cards, or Instant EFT via Payfast will be accepted on www.phenomenalightinglboutique.co.za. To place an order you should follow the given guidelines and instructions.
Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the website) the charges you must pay, including value added tax VAT, if applicable, as well as any applicable delivery charges. Unless otherwise stipulated on the website, all charges are in the currency of South Africa ZAR.
You shall pay for the Product in full amount as advertised and any applicable delivery charges when placing the order, by supplying us with your credit or debit card details. Alternatively, you may pay by any method that we have said is acceptable to us. In any event, we shall not be bound to accept the order before we have received the funds in full.
You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct. And that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
When you submit an order, you agree that you do so subject to the prevailing Terms and Conditions.
We shall not be obliged to supply the Product to you until we have accepted your Order. We will send you an Acknowledgement with your Order reference number and details of the Product you have ordered. phenomenallightingboutique.co.za reserves the right to decline any order, for any reason( e. g product unavailable) .
phenomenallightingboutique.co.za works closely with its developer to ensure that prices shown on the website are accurate. In the unlikely event that the price of your order changes before we accept your order, we will contact you via email and ask you to confirm whether you wish to proceed at the amended price.
SHIPPING
Please note for those items that are in stock, we aim to deliver regular parcels to central areas in South Africa within 2-10 business days with Standard Door to Door Courier, or 7-12 business days with Economy Door to Door Courier; or to outlying areas within South Africa within 5-12 business days from the date your payment has been receive. For those products that are made to order, or not currently in stock, please see the estimated availability date for dispatch on each product. Please take note that we aim to get the goods out to you as fast and efficient as possible. We will notify you if we are unable to meet our estimated delivery timeframe, but we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery, unless such late delivery can be attributed to any circumstances within our reasonable control. Items will be delivered to the address you provided while placing an order. For special freight items the courier might contact you directly to agree on an appropriate delivery time. If, for any reason, the courier cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the product.
Visibly damaged
If your product is visibly damaged in any way on delivery, please notify us and send us images as proof within 24 Hours of delivery to info@phenomenallightingboutique.co.za so we may correct this as soon as possible.
From the time when the product is signed and delivered to you, the risk passes to you, we will not be liable for loss or destruction of the Product thereafter.
You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the courier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not within two weeks of our first attempt to deliver the Product to you accept delivery or collect the Product from the courier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
Charge you for our reasonable storage fee and other costs reasonably incurred by us; or
No longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit card company as applicable any money already paid to us under the applicable Contract, less a 15 % administration charge as well as any shipping or storage costs associated with the order.
phenomenal lighting boutique (PTY) Ltd shall not be eligible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery, unless such late delivery can be attributed to any circumstances within our reasonable control.
It is your own responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. By completing your purchase, you acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have, unless the requirements regarding the product were or reasonable should have been within phenomenallightingboutique.co.za reasonable knowledge and control.
RETURNS
If you change your mind, you are welcome to return or exchange your order within 5 calendar days from the date of delivery in its original packaging and condition.
Should your 5 calendar days pass since your receipt of delivery, we do not offer in ANY case a Return, Refund or Exchange and the matter will be considered as closed.
To be eligible for a Return , your item must be
Uninstalled and not used so that it is deemed as a used unit, unless defective.
Sufficiently packaged in ORIGINAL packaging, including all wrappers, paperwork, accessories supplied etc. ONLY CLEAR TAPE to be used to seal the original box will be accepted. No masking, brown or courier adhesive tape will be allowed.
We do not offer returns or exchanges on used or installed products, Made to Order, Custom Made/Cut products, unless defective from date of sale
The following Products are not eligible for a Refund, Exchange or Credit:
Products which has been personalised/customised for you or made to your specifications including products marked as Made to Order on the website, unless found to be defective ,damaged upon delivery.
Light Bulbs,
Vouchers or gift cards
Exclusive orders supplied in bulk quantity
Customizations – where the product was amended, adjusted or tampered with in such a way that it is deemed as modified from the condition that it was originally supplied to you.
Products damaged on delivery from you that was not sufficiently packaged upon returning the item
Products not installed by a qualified tradesman or electrician
Shipping Fees
Any shipping fees associated with making returns. are the responsibility of the customer and will not be refunded. Including the delivery fee.
Exchanges are only allowed for the exact same item (e.g. the same item in another colour) and/or an item of the exact same value. If you would like an item of a different value from the store, you will have to purchase this item separately or wait until you have been refunded.
If any returned items are damaged during return transit due to insufficient packaging, the consumer may be held liable for the costs of restoring/repairing such damaged item or product. If the item cannot be repaired or restored, refund will be voided.
How to log a return
Please send us an email to info@phenomenallightingboutique.co.za to log your return. You then complete a Return Application form. Once assessed and approved by our team, you will be contacted to proceed with the returns process. Please do not attempt to return the items before speaking to one of our consultants you may be responsible for any associated expenses if you do so.
We will arrange a courier to collect the items from you at the same charge of the original delivery. Please note that our couriers are entitled to refuse collection of a product that is not properly packaged for transport.
We are entitled to refuse a return if the unwanted product is returned damaged, used, not in a re-saleable condition or missing any accessories, unless the product had been found as defective from date of dispatch and the Consumer Protection Act, Act 68 of 2008 is applicable to the transaction.
Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 business days of the return. Please bear in mind that refunds can take 7-10 working days to reflect in your account once processed.
CHANGE OF MIND
You can return unwanted products to us, without a restoration fee, provided that:
It is unused, uninstalled, undamaged and with all the original stickers or labels attached, If It is in original packaging, which must be undamaged and in its original condition with all the seals etc, still intact.
You only use Transparent Sellotape when closing the boxes. No masking tape , brown Sellotape or courier adhesive tape will be allowed.
There are no missing accessories, parts or installation instructions.
Return must be logged via email within 7 days of delivery of the unwanted product. After 7 days from receipt of delivery we will not be able to return, refund or exchange and the matter will be considered as closed, unless the product had been found as defective from date of dispatch and the Consumer Protection Act, Act 68 of 2008 is applicable to the transaction.
EXCHANGE OF PRODUCTS
In these circumstances, we will collect the product from you and deliver the exchanged product. If such a variation is not immediately available, we will credit your account with the purchase price of the product (less return shipping). We reserve the right to inspect the product to validate your exchange.
INCORRECT DELIVERY OR INCORECT DELIVERY ADDRESS
If we accidentally deliver the wrong product to you or if the product is missing any of its accessories, please immediately notify us and we will collect the product from you, at no charge.
Once we have inspected the product and validated the return, we will, at your choice, deliver the correct product to you (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return.
CANCELLATION OF AN ORDER
Once you have placed the order and successfully paid online, you can cancel the order by getting in touch with us. Our turnaround times are quick and to avoid paying for shipping/courier fees, you have a small window to initiate a cancellation.
You cannot cancel your order once it has been dispatched – you will need to log a return once the order has been delivered and follow the normal return process from there.
DAMAGED PRODUCTS UPON DELIVERY
In the event that your product arrives visibly damaged in any way on delivery, please notify us and send us images as proof within 48 Hours of delivery to info@phenomenallightingboutique.co.za so we may correct this as soon as possible.
DEFECTIVE PRODUCTS
We do our utmost best to ensure that the products we deliver to you are of a high quality and without any defects.
What defines a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
Please take note that the following will NOT be regarded as defects and will not entitle you to a return, in instances where the Consumer Protection Act prevails:
Natural materials e.g. wood, concrete, etc. that have imperfections which is seen as a product characteristics and not a flaw.
Damage occurring from normal use wear and tear, including rust and or corrosion
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
STANDARD WARRANTY
If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect but within 3 months after delivery of the product.
Please send an email to info@phenomenallightingboutique.co.za to log a return.
Please provide suitable packaging for returning the product, as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair replacement or a refund. Our courier is entitled to refuse collection of a product that is not properly packaged for transport purposes.
Where there is no extended supplier warranty period, unfortunately, we cannot facilitate returns that fall outside of the 6 months period.
LIMITATION OF LIABILITY
Phenomenal lighting boutique cannot be held liable for any inaccurate information published on its host and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or wilful misconduct of phenomenallightingboutique.co.za, its employees.
phenomenallightingboutique.co.za shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website or your inability to use the website, and or unlawful activity on the website and or any linked third-party website ,unless the loss or damages can be attributed to any gross negligence or wilful act of phenomenallightingboutique.co.za.
You hereby indemnify phenomenallightingboutique.co.za against any loss, claim or damage which may be suffered by yourself or any third party arising in any way whatsoever from your use of the website and/or any linked third-party website, unless the occurrence of such loss, claim or damage can be attributed to any gross negligence or wilful act of phenomennallightingboutique.co.za.
Although the products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software, unless the services not meeting your individual requirements were or reasonably should have been within phenomenallightingboutique.co.za reasonable control.
CONDITIONS BEYOND OUR CONTROL (vis major)
We shall not be eligible to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities, insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Vis major”), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a Contract, by written notice, to the other in the event that the Event of Vis Major lasts for a period of 7 business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and we are reasonably prevented from fully meeting our obligations to you by reason of an Event of Vis major, we may decide at our absolute discretion which contracts we will perform and to what extent.
Attention
Any attention under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email address to the relevant party at the address or email address of the relevant party last known to the other.
Any notice given by post shall be deemed to have been served 3 business days after same has been posted, if the recipient’s address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received
LAW,GOVERNING & JURISDICTION
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and you and phenomenallightingboutique.co.za submit to the non-exclusive jurisdiction of the South African courts.
ADVERTISING ON OUR THE WEBSITE
We s use our reasonable means to comply with any relevant regulations relating to the published website by the Advertising Standards Authority
Interaction
When you are subscribing to the phenomenallightingboutique.co.za website entering your phone number when creating an account, you consent to receive communications from phenomenallightingboutique.co.za via email. You will be able to, at all times, opt out of either of these forms of communication. If you don’t know how to do so, please contact us at info@phenomenallightingboutique.co.za.
Revisions
We reserve the right to amend these Terms and Conditions at any time with prior notice to recurring Clients. All amendments to these Terms and Conditions will be posted online. Continued use of the website will be deemed to constitute acceptance of the new Terms and Conditions.
Disclosure
Save for phenomenallightingboutique.co.za being liable to you
Under the Consumer Protection Act 68 of 2008 “CPA” in relation to any products sold by phenomenallightingboutique.co.za to you via the Site.
under sections 43(5) and 43(6) of the ECT Act in relation to phenomenallightingboutique.co.za payment systems not being sufficiently secure;
Nor phenomenallightingboutique.co.za any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the goods or content provided from and through this Site, unless such damage, loss or liability can be attributed to any circumstances within phenomenallightingboutique.co.za reasonable control.
additionally, phenomenallightingboutique.co.za makes no representations that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free to the extent that such errors or omissions can be attributed to any circumstances beyond phenomenallightingboutique.co.za reasonable control. You are encouraged to report any possible malfunctions and errors to info@phenomenallightingboutique.co.za
Information and ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of phenomenallightingboutique.co.za and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website may differ as per screen or display colour may differ