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Terms & Conditions

Last updated: June 11, 2024

 

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

 

For the purposes of these Terms and Conditions:

 

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: South Africa

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Bergzicht Meubels (Pty) Ltd t/a Modern Electric Appliances & Furniture co., 2 Lourensford Road, Somerset West, 7130, Western Cape, South Africa.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Modern Electric Appl, accessible from https://www.modernappliances.co.za/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

 

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
 

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
 

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Discount Vouchers

 

Company Discount Vouchers cannot be exchanged for cash and are not replaceable if lost, stolen, destroyed, or used without authorization. These vouchers are non-transferable and cannot be resold or exchanged with any third party. Redemption of Company Discount Vouchers is exclusively available online through the Service.

Returns / Refund Policy

 

Our Returns and Refund Policy can be read online.

Links to Other Websites

 

The Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

 

We grant You a non-exclusive, non-transferable, limited, and revocable right to access, display, use, download, and otherwise copy the current and future content for personal, non-commercial, and informational purposes only. We reserve the right to cancel Your license at any time for any reason. Your license will be automatically cancelled if You use this website in a manner not permitted by these terms without obtaining Our written permission.
 

We, Our affiliates, or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion. Any unauthorised use of this website will result in the termination of this license.

Account Registration

 

To use certain features of Our website, You must register for an account. You agree to provide accurate, current, and complete information about yourself as prompted by Our registration form. You are solely responsible for maintaining the confidentiality of Your account and password, and You accept responsibility for all activities that occur under your account or password.

User Content

 

You may be able to create and/or upload content on the Service. You retain ownership of any intellectual property rights that You hold in that content. However, by submitting content to the Service, You grant Us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the Service and the Company.

Purchase of Goods, Items or Services

 

The Service allows users to purchase goods, items, or services on a one-time payment basis. All payments are final, and We do not offer subscription plans. Prices and availability of goods, items, or services are subject to change without notice.

Intellectual Property

 

Unless otherwise specified in the agreement, all rights, title, interest, and ownership (including all rights under copyright, patent, and other intellectual property laws) in, to, or of this Service are Our sole property or will vest in Us or a third-party licensor. All moral rights are reserved.


Our logo, sub-logos, marks, and trade names are Our trademarks, and no one may use them without our permission. Any other trademark or trade name that appears on Our marketing materials is the property of its respective owner.


Except as expressly permitted under the agreement, the Service may not be:


•    modified or used to make derivative works;
•    rented, leased, loaned, sold or assigned;
•    reverse engineered or copied; or
•    reproduced or distributed.

Feedback and Suggestions

 

We welcome feedback, comments, and suggestions for improvements to the Service. By submitting feedback, comments, or suggestions, You agree that We can use them without any obligation to compensate You for them, just as if We had thought of them Ourselves.

Promotions, Contests and Sweepstakes

 

From time to time, We may offer promotions, contests, or sweepstakes on the Service. Participation in these activities is subject to additional terms and conditions, which will be made available at the time of the promotion, contest, or sweepstakes.

Limitation of Liability

 

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

 

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
 

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
 

We will do our best to fix any fault in this Service as soon as reasonably practical after we find out about it. 

Governing Law

 

The laws of South Africa, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. South African law, including conditions such as time and date, applies to these terms, and any disputes regarding them will be adjudicated solely by South African courts.
 

It is unlawful to access the Service from territories or countries where the content or purchase of the products sold on the Service is prohibited.
 

You may not use this Service in a manner that violates South African export laws and regulations. If You access this Service from locations outside of South Africa, You are responsible for ensuring compliance with all applicable local laws.
 

These terms constitute the entire agreement between Us and You concerning the use of the content and this Service.
 

If any term is found to be invalid, illegal, or unenforceable, it shall be deemed severable and will not affect the validity and enforceability of the remaining terms, which shall continue in full force and effect.

Disputes Resolution

 

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

 

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

 

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

​

If you have any questions about this Privacy Policy, You can contact us:

Modern Electric Appliances & Furniture

2 Lourensford Road

Somerset West, 7130

Western Cape

South Africa

 

By email: sales@modernappliances.co.za

By visiting this page on our website: https://www.modernappliances.co.za/Contact

By phone number: 0218521544

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