Terms of Use

Welcome to the Heartefacts website at www.heartefacts.co.za. Please take a moment to read these online shopping terms and conditions including our policies to understand how they apply to your use of our Website and any products or services that you may order online.

These terms apply to all purchases made online from the Website. Please read these terms carefully and ensure you understand them. Use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms.

If you have any questions regarding our Website, the terms, products or services, please click here to contact us.

Online Registration

Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You must register with us before placing your first order online. Please click on Register to register.

Registration and/or use of our Website constitute your acceptance and agreement to be bound by the terms of our Website. To register you will be required to provide certain personal information which is protected by our privacy policy. When registering with us you will be required to provide an email address and a password which will be used as your username for the Website. Please keep your password private as Heartefacts accepts no liability for any damages suffered or losses incurred from the use or misuse of your account.

You will be required to enter your email address and password each time you visit our Website. To amend any registration particulars please click on “My Profile”; where you can edit your details. In registering as a purchaser, you are required to provide Heartefacts with complete and accurate information about yourself. By doing so you warrant that the information provided is correct. Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. 

Transmission times depend on your Internet Service Provider, but it typically takes less than 10 (ten) minutes to receive the email confirmation. If you do not receive the email confirmation, you should contact us by clicking here or calling our offices, the details of which are contained under contact information.

Orders

As part of the registration process, you will be required to either submit your date of birth, or your South African ID number. This is to verify that you are over the age of 18 years, which is a requirement to purchase from the Website.

By submitting an order to buy products, you represent and warrant that you are over the age of 18 years; represent and warrant that you are authorised to make payment and that there are sufficient funds available with a credit card if you are paying via this mechanism; represent that, if paying via EFT, that you have followed the payment instructions provided by your Banking institute;consent to us providing your personal information to our third party payment provider, namely your Banking institute, which is necessary to enable Heartefacts to perform our obligations in terms of this Agreement.

In order to protect our interests as well as yours, we may scrutinise transactions to prevent fraud. A transaction may be refused if Heartefacts is not satisfied that it is legitimate. No other method of payment, including gift vouchers, will be accepted by Heartefacts in respect of the purchase of Products on the Website.

Product Images and Representation

We have made every effort to display the Products on the website as accurately as possible, including:

• the images that represent a visual depiction of the product features and descriptions that pertain to the product.
  
• The actual product delivered may be subject to variations in appearance, as product packaging may differ over time. It remains the responsibility of the customer to ensure that the product ordered is correct, and the product description and/or product number will always overrule any related images when resolving a dispute about a product.
  
• As the actual colours you see will depend on your computer’s monitor we cannot guarantee that your monitor(s) display of any colour will be accurate.
  

Product pricing and availability

The Products displayed on the Website are subject to availability and will be delivered within the Republic of South Africa only, within the areas as determined by Heartefacts.

Available delivery areas are identified at the checkout process when the delivery address is entered, and it remains the responsibility of the customer to ensure the delivery address, including suburb and postal code, is correct.

All prices displayed on the Website are valid and effective only in the Republic of SouthAfrica for the day that they are viewed. Heartefacts reserves the right, without prior notice,to discontinue a product or change pricing or specifications of products and services offered onthis Website without incurring any liability whatsoever.

Heartefacts cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, Heartefacts will endeavour to contact the customer based on the information provided at registration, and offer either the option to cancel the order or reduce the quantities, where applicable. If we are unable to supply each and every item ordered or in the quantities ordered and cannot contact the customer the customer nevertheless agrees to accept delivery and make payment for the items correctly delivered.

You will be charged the prices that are reflected on the Website, subject to availability.The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.

Obvious errors

We regret that no order will be accepted if we identify an inadvertent and obvious errorin the prices of products or services or the description of any of our products orservices or the on the Website.

Methods of payment

Prior to delivery or confirmation from us for collection of the products by you, we shallbe entitled to debit the Credit Card supplied by you on acceptance of your order shouldyou be paying with a Credit Card. Should the customer pay for the products via EFT, theorder will only be processed once we have received successful confirmation ofpayment.

Confirmation of Orders

Orders placed online constitute your offer to purchase subject to these terms. Youroffer is deemed to have been accepted by us when you receive our confirmation ofyour order. Failure by us to formally confirm or notify acceptance shall not affect thevalidity of the sale or the enforceability thereof.

Delivery

A delivery fee will be charged for each delivery order placed by you. Heartefacts deliversfrom Monday to Friday, 08h00 till 17h00 and do not deliver on a Saturday, Sunday andany South African public holiday. Items are delivered in 7 (seven) to 14 (fourteen) working daysif there are no unexpected delays. Should it be unavoidable for us to exceed thesedelivery times, you will be notified either telephonically or electronically.

Heartefacts delivers to registered customers within certain specified delivery areas.Deliveries to outlying areas shall attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main centre. Outlying areas include farms, mines and townships.

On delivery of the order to the specified delivery address, you will receive our delivery note showing the items delivered. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification.

Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the delivery address specified by you at the time of delivery, the driver will return the products and leave a notice at the delivery address to that effect. The courier company will attempt to contact you to make new arrangements for delivery.

We reserve the right to charge an additional delivery fee should it be required under these circumstances. Our sole liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge.

Please arrange that you or your authorised representative, who is a responsible person, is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. We have outsourced all deliveries and accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the courier.

Delivery Confirmation

On receipt of your order we will send you an email describing the products andservices you have ordered. These communications confirm we have received yourorder, but do not represent any acceptance of your offer to purchase products orservices from us. We are not legally obliged to provide the products and services to youduring the offer process. The contract between you and Heartefacts will only be completedwhen we dispatch the products to you. Any products or services on the same orderwhich have not been dispatched to you do not form part of that contract. Deliverydates are estimates only, and as we process your order we will inform you if anyproducts or services on your order turn out to be unavailable or delayed for anyreason.

Cancellation and Refunds

Heartefacts will not accept cancellations as items are produced as per orders placed.

You may return a product, at your cost, to any Heartefacts store provided you have the original invoice/proof of purchase. Heartefacts will not provide any refund alternative item to the same value may be selected.

Heartefacts will not provide any refunds but allow the selection of alternate products to the value of the returned product(s)

Risk and Ownership

Risk in the products shall pass to you by acceptance of the products by your authorisedrepresentative on delivery. We will retain ownership in the products until payment hasbeen received in full.

Collection of Cookies

A cookie is a piece of information that is deposited on your computer’s hard drive byyour web browser when you use our computer server. The cookies enable us torecognise you and give us information about your previous visits. Most browsersaccept cookies automatically, but usually you can alter your settings to preventautomatic acceptance. If you choose not to accept cookies, this may disable some ofthe features of our Website. The information that we collect and may share with ouradvertisers is anonymous and not personally identifiable. It does not contain yourname, address, telephone number or email address.