ONLINE SHOPPING TERMS AND CONDITIONS

  1. These are the terms and conditions that apply when you buy goods from us online (Online Shopping Terms). The Online Shopping Terms must be read together with the terms and conditions that apply to the use of our website www.motleyonline.co.za .
  2. When you buy goods from us online, you agree to these terms and conditions and that we may send invoices to you electronically.
  3. When you register as an online shopper, you will have to choose a password. You will be asked for your user name and password every time that you shop online with us. It is your responsibility to keep your user name and password private. Motley Online accepts no liability for any damages that you may suffer or any losses you may incur from the unauthorised use on your profile.
  4. Goods and Pricing

4.1 All goods displayed on our website are subject to availability. If any goods ordered by you are not immediately available or are not available at all, we will let you know as soon as possible. Goods are only available for delivery in South Africa or if stated otherwise.

4.2 The stated prices on our website are in South African Rands and are only valid and effective in South Africa.

4.3 We have made every effort to accurately display the goods specifically with regard to their colour, description and price. Please remember however that the colours that you see will depend on the device which you are using to access our website and we cannot guarantee that the goods when received will be the exact same colour as you have seen it.

4.4 Your transaction will only be completed and you will become the owner of the goods, when we deliver the goods that you have ordered to you, or once you have collected the goods, after which you assume all risk and full responsibility for the goods. We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error, for example, regarding the price or description of the goods. We will inform you of such errors as soon as we become aware of them. We will reimburse you the Rand value you paid only if you have already paid for the cancelled order.

5.Delivery, Collection and Storage

5.1 Delivery

We will charge a delivery fee for every order you place, which will be billed at checkout or that will be send electronically. Additional delivery charges (which will vary, depending on your delivery address) apply to outlying areas, as well as the delivery of furniture witchis currently R500(five hundred rand). Delivery fees may change at any time. The delivery fee  and any additional charges applicable to your order will be communicated to you and must be paid when you place an order. For queries regarding delivery, please call or email Motley Online.

 If you purchase goods on a gift registry, you (the person purchasing the goods) will have to pay the delivery fees. You can choose to have the goods delivered to the address specified by the gift registry owner, or to another address, however delivery charges will vary, depending on which option you choose. You and the gift registry owner will both receive an order confirmation email to confirm the delivery of the goods.

 Motley Online will arrange for delivery to your door. We deliver between 09h00 and 17h00 from Monday to Friday (excluding public holidays) and we only deliver within South Africa. Our ability to deliver is also always subject to certain factors, including the availability of the goods and the supply of accurate delivery address details.

 We will always do our best (but cannot guarantee that we will be able) to ensure that delivery happens on the agreed date. The delivery date is subject to change due to circumstances beyond our control, but the new date will be communicated and agreed with you.

 On delivery of your order, you will receive a delivery note/returns form. You will receive additional documentation for cellular and certain other electronic devices. Please refer to the additional terms relating to cellular and electronic devices.

 You need to ensure that we can access the place of delivery and that you clear the space for the goods before we deliver. We can only deliver the goods if it can fit into lifts, on staircases, through passages and through doors at the delivery address. We do not hoist goods onto balconies. Our delivery crew is not permitted to rearrange your furniture or clear areas in preparation for the delivery.

 We deliver assembled goods (if applicable), or we assemble the goods on site. If you require that we assemble the goods at a later date than the delivery date, we will charge you a call-out fee, which must be paid in advance. We take no responsibility for any damage to goods or personal injury you or anyone else may suffer if you choose to assemble goods yourself. Goods delivered will be unwrapped on site and the packing and wrapping material removed unless requested otherwise. The delivery crew is not permitted to move or take away any of your unwanted items. It is your responsibility to remove all items of value from the delivery site and that your pets and small children are secured in a safe location away from the delivery site. We do not take responsibility for any items claimed to be missing or any breakages during or following a delivery.

 Please ensure that you or your authorised representative is available at the delivery address. If anyone other than you accepts delivery of the goods at the delivery address, they are presumed to be authorised to accept the goods on your behalf. On delivery we will require that you or your authorised representative sign for the goods, write down your or their name and produce an original ID or driver’s licence. This is to confirm that the goods have been received. If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. You must pay any additional delivery charges that we incur if we cannot deliver the goods to you because of access problems or if you do not adhere to the appointment time. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges incurred in respect of the failed deliveries and/or any storage fees and refund the balance due to you.

 You must inspect the goods when they are delivered to you. If you are satisfied that the goods are in good condition and not damaged, you or your representative must sign the delivery slip, which will be proof that the goods have been delivered in a good, undamaged condition. If the goods are damaged in any way, you must note the damage on the delivery slip, notify us immediately and not accept delivery of the goods. If you do not note the damage on the delivery slip, we are entitled to regard the goods as if they were in good condition and not damaged when delivered to you.

 We have outsourced all delivery services and we will not be liable for any damage suffered or any losses incurred arising out of any act or omission by the deliverer, its directors, employees, sub-contractors, agents or representatives.

5.2 Collection of furniture

You need to inform us if you would rather collect the goods from one of our distribution centres in South Africa than have them delivered to you, in which case we will agree with you on a collection date. The collection date must be confirmed at least two working days before you intend to collect the goods. You inform us if you want the goods to be assembled before collection, the name of the person who will collect the goods and the date and time of collection. The person who collects the goods must have the original order confirmation, the original proof of purchase such as the invoice, as well as their original identity document or driver’s licence. You or your representative must inspect the goods when they are collected and sign a collection slip, which will be proof that the goods were collected in good, undamaged condition. If the goods are damaged in any way, you must notify us immediately and not take the goods. You accept full responsibility for the goods once they leave our distribution centre and we will not be held liable for any loss or damage to the goods, whether you, your representative or a third party transporter collects the goods.

5.3 Storage of furniture

On request furniture can be stored for free for 14 days from the date of purchase. Even though the goods will be in our storage, we are not responsible for any loss or damage after the 14 day storage period has expired. If you need the goods stored for longer than 14 days, you need to contact us in order to make alternative arrangements. If you arrange to store the goods at our distribution centres after the free storage period has expired, we will only store the goods for a further 14 days at a cost of R100.00 (One Hundred Rand) per item per day. If you fail to make the necessary arrangements or we cannot successfully deliver the goods to you after the expiry of the second 14 day period, we reserve the right to cancel your order, deduct any storage and/or delivery charges and then refund any balance due to you.

6.0 Returns

If you are unhappy with your purchase for any reason (other than if it is defective) and wish to return it, you may do so within 7 (seven) days of the date that they are delivered to you or collected by you. The goods must be in their original condition and packaging and you must have the invoice or the delivery note/returns form. If you received the goods as a gift, the delivery note/returns form is still necessary. You cannot return goods if they have been taken apart or altered, have been permanently installed, are attached or joined to other goods or property at the delivery address, and/or reasons of public health do not allow their return. For hygiene reasons we do not accept return of underwear, toiletries, cosmetics and perishable foodstuffs. Cellular telephones, tablets, laptops and certain related merchandise are also covered by a separate policy.

 You may return the goods at no additional charge, to our office or contact us to arrange pick up for the product(s) purchased with the invoice and/or delivery note/returns form. You can also contact us directly on our contact number number and we will arrange for a courier to collect the goods within 3-10 working days. If you are returning goods via courier, you will have to complete the returns form, specifying the reason why you are returning the goods. You must also pack the goods into the original packaging. If you are returning goods that are not defective via courier, you will be charged a collection fee.

 We will refund you in full, however if the goods were received by you as a gift, you will have to exchange the item for goods of the same value with a purchase from our online store or physical store (when open) or at our office.

 For furniture returns, if goods are faulty or defective and do not have a specific warranty or guarantee, you may return them within 3 (three) months of date of purchase, provided that the goods have been used for their intended purpose and they have been cared for according to any instructions that accompanied the goods. We may in certain instances require an assessment of the goods and require you to pay us an assessment fee before we do an assessment. If, after we have assessed the goods, we find that the goods are defective or that there are quality issues, we will refund your assessment fee and either repair the goods, replace the goods or refund you the value of what you paid for these goods in the same way that you paid for the goods. If in our assessment you have not adhered to the use and care instructions of the goods, or that the goods are not defective or not affected by quality issues, we will refuse to refund you or accept return of these goods.

 Every hide product is unique and might have markings which form part of the characteristics of the product. These natural markings will not be regarded as defects.

 Separate policies exist for cellular telephones, tablets, laptops, electronic devices, electronic device accessories and certain brands of appliances, for example Breville, Saeco, Nespresso, Kitchen Aid, Lavazza, Espresto and Bosch, which have a separate manufacturer’s warranty as listed on the product page. Please refer to the merchandise specific terms and conditions.

7.0 Cancellations

You may in certain instances cancel your order. You can cancel your order before it is dispatched for delivery by notifying us by email or telephonically . You can find your order by simply typing in the email/cell number used when placing the order and your order number into the form at the bottom of the site (will be available soon). If you cancel an order and the goods have already left our distribution centre, you will be liable for the delivery fee and a cancellation fee of 10% of the price of the goods. We can only process refunds once we have confirmed that the goods have been returned to our distribution centres. If cancellation of an order is initiated by us, no cancellation fees will be payable. Please contact our offices directly.  if you have any queries regarding cancellation.

8.0 Payment

If you are paying by credit card, we will place a holding reserve of funds for the total cost of your online order. Final payment will only be processed on the finalisation of your order and prior to delivery. If however the order will be delivered in more than 1 batch, we will take full payment at the first shipment. We will also take full payment immediately if the delivery date is 14 days or more into the future (e.g. if you are buying gift registry items). If you split payment for an order between your Motley Online account and credit card, the credit card amount will be processed as a payment on your Motley Online account. When you submit your order, under your signed in user name and password, together with the payment card details, you warrant that you are authorised to use the card and that there are sufficient funds to pay for the order. You consent to our use of the services of reputable and secure third party payment service providers in order to process credit card transactions and acknowledge that doing so necessitates the disclosure of your credit card information when you make a purchase.

If you are paying with your Motley Online card, the total cost of the order will immediately be debited to your account.

 In the event that you return goods, it will take up to 15 working days to process a refund.

6.0 General

We are entitled to amend these online shopping terms and conditions, at our sole discretion, from time to time.

 

SPECIFIC TERMS FOR CELLULAR TELEPHONES, TABLETS, COMPUTERS AND LAPTOPS

 These are the specific terms that apply to cellular telephones, tablets, computers and laptops and other electronic goods. They must be read together with the general terms that apply to returns, refunds, exchanges and cancellations contained in our Online Shopping Terms and Conditions.

 Cellular telephones, tablets, computers and laptops may not be returned unless permitted by law and in accordance with these merchandise specific terms.

 Cellular handsets Out of Box Failure

1.1 If your handset has a manufacturing fault and this is communicated to us within 7 (seven) calendar days of delivery (with the delivery date being day 1), your handset may be treated as an Out of Box Failure (“OBF”). The complete handset plus all original items and packaging can be returned for a possible exchange on the same model or a refund. We will first have to send your handset to a repair centre for a full report on the fault.

1.2 The handset must be in perfect physical condition for it to be considered for a replacement, or failing that, the normal warranty terms will apply.

1.3 If you experience any faults or defects within the balance of the warranty period, the complete unit can be returned for repairs.

1.4 Please note that software defects or upgrades are not considered a defect.

  1. Warranty on cellular handsets, tablets, computers and laptops

2.1 Your cellular telephone, laptop, computer or electronic device will have a 12 or 24 month warranty. The warranty period is displayed with the goods.

2.2The warranty is only binding if the device is handled appropriately and for its intended purpose, in accordance with the operating instructions and upon presentation of your proof of purchase.

2.3 The warranty may not apply if:

2.3.1 The model production and/or serial number on the device has been altered, deleted, removed or made illegible;

2.3.2 Repairs or product modifications and alterations have been executed by unauthorized service organizations or persons

2.3.3 Damage is caused by accidents including but not limited to lightning, liquid, fire, misuse or neglect;

2.3.4 The proof of purchase has been altered in any way or made illegible.

2.3.5You will be charged for repairs relating to this.

  1. Computer equipment

3.1 Software is not covered under the warranty.

  1. RICA

4.1 Please note that where delivery of a SIM takes place you are required to have your Green Bar-Coded ID book and proof of your residential address (like a bank statement, TV license, rates or Telkom account) with you that is not older than 3 months, when the couriers deliver your SIM card. If you do not have the required documentation at hand, delivery of the SIM will not be able to take place as this is a legal requirement.

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