Website terms and conditions of use relating to www.havethelastword.co.za: The Last Word Group Holdings (Pty) Ltd

These terms and conditions (“the Terms and Conditions”) govern your (“the User”) use of The Last Word Group Holdings (Pty) Ltd (“Provider”) website located at the domain name www.havethelastword.co.za (“the Website”). By accessing and using the Website the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing or other purposes without the consent of the Provider.

Electronic Communications:

By using the Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements and communications satisfy any legal requirement.

E-Commerce and Privacy:

The Website sells luxury, bespoke or limited edition items of lifestyle merchandise. The use of any product brought from this Website is at the purchaser’s risk and the Provider cannot be held liable for any loss, injury, damages which may be sustained as a result of using a product sold on the Website.

The private information required for executing orders placed through the e-commerce facility, such as the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, such as the delivery address and contact phone number will be made known to third parties delivering the product.

The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold and cannot be held responsible for security breaches occurring on the User’s personal computer or other electronic device used to purchase from the Website.

Content and Intellectual Property:

Use of the Website and its content grants no right to the User in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to content (content is defined as any graphics, photographs, including image rights, sounds, music, video, audio or text) and code contained in the Website. All such content icluding third party trademarks, designs and related intellectual property rights maintained or displayed on the Website are protected by law. Any reproduction of the content or intellectual property is prohibited and may result in civil and criminal penalties.

Agreements of Sale:

Placing a product in the shopping basket or adding it to a wish list without completing the purchase cycle does not:

•    Constitute an agreement of sale; and/or
•    Constitute an order for such a product

And as such, the Provider may remove such product from the shopping basket or wish list if stock becomes unavailable and the User cannot hold the Provider liable if such product is not available when the purchase cycle is completed at a later stage.

An agreement of sale only comes into effect if and when:

•    The User electronically submits a properly completed order for one or more products in the User’s shopping basket; and
•    Payment is either authorized, or received by the Provider in its bank account


Stock Availability:

Stock of all products on offer is either one of a kind and never to be repeated or of limited editions. The Provider shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should the Provider be unable to fulfil any order placed by the User due to stock being sold out, the Provider will notify the User and a refund will be issued.

Due to limited editions and nature of the products, stock will be made to order on purchase and once full payment has been received by the Provider in its bank account. Production lead times will be about 4 – 6 weeks excluding delivery times.

Delivery Policy:

Subject to stock availability and receipt of payment, orders will be processed and delivered within normal shipping delivery times to the relevant destination. Unless otherwise specified delivery is included in the product price to most developed countries. *Certain African countries and remote areas/destinations that are not easily accessible will carry surcharges on shipping and insurance. Please enquire via email on these shipping and insurance costs.

Delivery services are subject to Customs clearances, and are exclusive of any surcharges and customs and important duties. The Provider is not responsible for any delays caused by the destinations Customs clearance processes.

The Provider will supply all goods to the delivery company in good order and will ensure that goods arrive at the user’s chosen delivery address in the same good order. The Provider insures each purchase during the time it is in transit until it is delivered to the User’s specified delivery address. A signature is required for any goods delivered at which point responsibility for the purchased goods passes to the User.

Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs provided the product has not been shipped.

Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Manager, Steve Robertson on steve@thelastword.co.za

Returns/Refund Policy:

Products may not be returned unless the incorrect product has been supplied by the Provider or the product is damaged. The return of the goods will be for the User’s account. The product must be returned within 5 days and a refund will be done only when the product is received and checked by the Provider. The Provider will make a reasonable effort to exchange the product upon receipt of the returned product, but if a replacement is not possible, the Provider will refund the purchase price including delivery costs.

Import and Customs Duties:

Import and Customs duties will be payable by recipients of goods in foreign countries. The Provider does not know what import duties/levies may be payable and cannot calculate or estimate such costs. The User is responsible for the payment of any such import and customs duties and local sales taxes levied by the country being shipped to. Payment of these is necessary to release the order from Customs on arrival.

Payment Options:

Payment may be made via Visa or Mastercard credit cards or by bank transfer into the Provider’s bank account via the PayFast payment service. From a PayFast merchant’s site, the User selects PayFast as the payment option. The User chooses how they wish to pay, makes the payment and the User is directed back to the Provider’s site. As the User there is no charge for using PayFast. PayFast is 3D Secure which stands for Three Domain Secure – the payment industry’s internet authentication standard which has been developed by the major card associations. Visa has called their version of the scheme ‘Verified by Visa’ and Mastercard have called their equivalent ‘MasterCard SecureCode’. 3D secure authentication requires the cardholder to register their card to take advantage of this service. This is a one time process which takes place on the card issuer’s website and involves the cardholder answering several security questions to which only the card issuer  and cardholder will know the answer. The cardholder selects a password and agrees on a secret phrase, which will be used by the card issuer during each online transaction. See www.payfast.co.za for further information.

Merchant Outlet country and transaction currency:

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is South African Rand (ZAR)

Updating of these Terms and Conditions:

The Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time.

Content Information:

This Website is run by The Last Word Group Holdings (Pty) Ltd based in South Africa trading as The Last Word and with registration number 2004/029092/07.

If you have any queries, questions or requests please contact us on:

The Last Word Group Holdings (Pty) Ltd

Physical Address:
The Last Word
Spaanschemat River Road
Constantia
7806
Cape Town
South Africa

Postal Address:
P O Box 352
Bergvliet
7864

Email:
steve@thelastword.co.za

Tel: 021 794 2036 (Office hours: 09h00 – 17h00 Monday to Friday)