1.1. The website can be accessed at www.horizons.africa, related mobile sites and related software applications (hereafter referred to as the “Website”).
1.2. The website belongs to, is owned, operated and maintained by Horizons Africa Online (Pty) Ltd, registration number 2018/359355/07 (hereafter referred to as “Horizons”, “we”, “us” and “our”).
1.3. The website terms and conditions (hereafter referred to as “tc’s”) are binding and enforceable against all and every user(s) (hereafter referred to as “you”, “your” or “user”) of this website.
1.4. The tc’s govern the use of the website, ordering, sale and delivery of goods and products on the website.
1.5. The website allows for multiple third party stores to operate from the website. Certain terms of the tc’s only apply to purchases from the identified Third Party sellers.
1.6. The tc’s apply to users who are consumers for the purposes of the Consumer Protection Act, No 68 of 2008 (hereafter referred to as “CPA”).
1.7. Users of the website are subject to the tc’s. Any use of the website is deemed to be irrevocable consent to the tc’s. Any user that does not want to be bound by the tc’s are advised not to make use of the website.
1.8. Users of the website warrant that they are 18 (eighteen) years of age or older and confirm that they have the required legal capacity to transact in terms of the tc’s. If not, then you are not legally permitted to enter into a binding legal agreement and you can only use the website with the assistance and supervision of your parent or legal guardian. If your parent or legal guardian assists and supervises you, then such parent or legal guardian agrees to be bound by the tc’s.
1.9. You agree not to use any device, software, robot, spider or any other instrument to interfere or attempt to interfere with the proper functionality of the website or to monitor, copy, distribute or modify the website or the information on the website without the prior written consent of Horizons.
1.10. You agree not to use the website to distribute material which is defamatory, offensive, amounts to hate speech or which is unlawful.
1.11. You agree not to display, publish, copy, print, post or to use the website or any information, contained in the website, without the prior written consent of Horizons.
2.1. Users of the website may place orders for goods, which Horizons or any Third Party Seller may accept or reject.
2.2. Acceptance of your order for goods will only take place by delivery of the goods to you or by collection of the goods by you. Delivery and collection are the only event which signify that the agreement of sale is entered into with Horizons or the Third Party Seller. No Communication relating to confirmation of the order of goods or payment confirmation, will be regarded as an existence of an agreement of sale.
2.3. Horizons or any Third Party Seller will have the right to reject any order for goods by cancelling it and refunding, as soon as possible, the amount already paid.
2.4. You may cancel an order at any time prior to receiving a dispatch or delivery notice. After dispatch or delivery notice, you may return the goods only in accordance with the return policy.
2.5. The stock of all goods on offer is limited and the pricing may change at any time without notice to you. Horizons will take all reasonable steps to monitor the stock levels and ensure that when stock is no longer available, its offers are discontinued on the website. Should goods become unavailable after you placed an order, Horizons will notify you thereof and you will be entitled to a refund of any amount already paid by you for such goods.
2.6. Where goods are for sale by Third Party Sellers, you acknowledge that Horizons relies on inventory information supplied by the relevant Third Party Seller. Horizons accordingly bears no liability for any inaccuracies for information supplied to it. When goods are no longer available after you have placed an order with a Third Party Seller, any possible dispute should be resolved
between you and the Third Party Seller.
3.1 Horizons is committed to providing a safe and secure online payment facility. All transactions are encrypted using encryption technology.
3.2 Payment for the goods can be made by:
3.2.1 Debit card;
3.2.2 Credit card;
3.2.3 Instant EFT;
3.3 Should the debit or credit card options be used, we will require authorization and or verification of payment. We are entitled to withhold delivery of goods until authorization is obtained by us for the amounts tendered. If authorization is not received by us, your order will be cancelled.
3.4 You warrant that you are authorised to use the debit and or credit card supplied for the purpose of paying for the goods.
3.5 You warrant that your debit and or credit card has sufficient available funds to cover the costs for services provided on the website.
3.6 After selecting your payment method, you will be directed to a secure site for payment of the purchase price of the goods.
4. Delivery of goods
4.1 Horizons offer a courier method of delivery of goods.
4.2 The delivery of goods by Horizons or any Third Party Seller will take place as soon as possible, but no later than 30 (thirty) days after receipt of your payment. You will be notified should we be unable to deliver the goods within the 30 (thirty) day period. If we are unable to deliver within 30 (thirty) days, you will have the election to cancel the order within 7 (seven) days of receiving
such notification of inability to deliver. If you elect to cancel the order, we will reimburse you the purchase price.
4.3 Horizons’ obligation to deliver the goods to you is fulfilled when the delivery has taken place at your nominated physical address or nominated collection point.
4.4 Horizons’ is not responsible for any loss or unauthorized use of the goods, after the goods was delivered.
5.1 Horizons shall take all reasonable steps to accurately reflect the description, availability, purchase price and delivery charges of goods on the website. Should there be any errors of whatever nature which is 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, except in case of any incorrect purchase price, to the extent of refunding you for any amount already paid or as otherwise set out in the return policy.
5.2 We shall not be bound by any incorrect information regarding goods displayed on any Third Party website.
6. Vouchers and Coupons
6.1 We may from time to time make physical or digital vouchers (“vouchers”) and promotional coupons or discounts (“coupons”) available for use on the website towards the purchase of goods. These vouchers and coupons can only be redeemed while they are valid.
7. Third Party Sellers
7.1 Horizons will indicate when goods are for sale by a Third Party Seller. In such cases, we only provide the platform to facilitate transactions between Third Party Sellers and Horizons customers. Horizons is not the buyer nor the seller of these goods unless otherwise specified.
7.2 Horizons is not a party to the sale.
7.3 The Third Party Seller is solely responsible for the fulfillment of the delivery of the goods. Horizons will deal with all returns, under the CPA or the Electronic Communications And Transactions Act, No 25 of 2002 (hereafter refered to as the “ECT”), by arising out of or in connection with the sale between you and the Third Party Seller in terms of our own return policy.
8. Changes to these Terms & Conditions
8.1 Horizons may, in its sole discretion, change any of these tc’s at any time. It is your responsibility to regularly check these tc’s 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.
8.2 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 tc’s have been displayed on the Website, you will be deemed to have accepted such changes.
9. Electronic communications
10. Ownership and copyright
10.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Horizons, its advertisers and or is licensed to Horizons.
10.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
10.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these tc’s or otherwise provided for in law.
11.1 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.
11.2 While Horizons takes reasonable measures to ensure that the content of the Website is accurate and complete, Horizons makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity 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 Horizons representatives, Horizons shall not be bound thereby.
11.3 Horizons 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 there in unless otherwise provided by law.
11.4 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.
11.5 Any views or statements made or expressed on the Website are not necessarily the view of Horizons, its directors, employees and/or agents.
11.6 Horizons 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 Horizons, its employees, agents or authorised representatives. Horizons thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
12. Linking to third party websites
12.1 This website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers.
12.2 These tc’s do not apply to those Third Party Websites and Horizons is not responsible for the practices and/ or privacy policies of those Third Party websites or the “cookies” that those sites may use.
13. Limitation of liability
13.1 Horizons 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 Horizon its employees, agents or authorised representatives.
You are encouraged to contact us to report any possible malfunctions or errors by sending an email to email@example.com.
13.2 Horizons 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.
13.3 You hereby indemnify Horizons 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.
14. Website availability and termination
14.1 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.
14.2 Horizons may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Horizons 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.
14.3 If you fail to comply with your obligations under these tc’s, 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.
14.4 Horizons 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 Horizons 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 Horizons, in whole or in part, on notice to you. Horizons shall only be liable to refund monies already paid by you (see Horizons Return Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/ or refusal to process any order.
14.5 At any time, you can choose to stop using the Website, with or without notice to Horizons.
15. Governing law and jurisdiction
15.1 These tc’s and our relationship and/ or any dispute arising from or in connection with these tc’s 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 South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these tc’s.
15.2 In the event of any dispute arising between you and Horizons, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction in terms of the CPA.
16.1 Horizons hereby selects 46 Church Street, Worcester, as its address for the service of all formal notices and legal processes in connection with these tc’s.
16.2 You hereby select the delivery address specified with your order as you legal address, but you may change it to any other physical address by giving Horizons not less than 7 days notice in writing.
16.3 Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent:
16.3.1 by hand will be deemed to have been received on the date of delivery;
16.3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
16.3.3 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.
17.1 If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us by sending an email to firstname.lastname@example.org or you can contact our call centre on +27 23 0041441.
17.2 If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the National Consumer Commission at email@example.com, to assist in resolving the dispute.
18.1 For the purposes of the ECT, Horizons information is as follows:
18.1.1 Full name: Horizons Africa Online (Pty) Ltd, a private company registered in South Africa with registration number 2018/359355/07.
18.1.2 Main business: Online Retailer
18.1.3 Physical address for receipt if legal service (also postal and street address) 46 Church Street, Worcester, 6850.
18.1.4 Directors: DB Davids, MPS Blom, PSJ Strydom.
18.1.5 Phone number +27 23 0041441.
18.1.6 Email address: firstname.lastname@example.org
19.1 Horizons may , in its sole discretion, at any time and for any reason or 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.
19.1.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these tc’s to any Third party.
19.1.2 Any failure on the part of you or Horizons to enforce any right in terms hereof shall not constitute a waiver of that right.
19.1.3 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force end effect.
19.1.4 No variation, deletion, or agreed cancellation of the tc’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
19.1.5 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in
19.1.6 These tc’s contain the whole agreement between you and Horizons and no other warranty or undertaking is valid, unless contained in this document between the parties.