1. Introduction
1.1 We are _________________
___________________________
______________________________________
___________________________________________
1.3 In these Terms and Conditions:
1.3.1 Definitions:
a) "Account" means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
b) "Acknowledgement" means our acknowledgement of your Order by email;
c) "Breach of Duty" has the meaning given to it in clause 10.11(b) of these Terms and Conditions;
d) "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Namibia;
e) "Confirmation of Order" means our email to you, in which we accept your Order in accordance with clause 4.9 below;
f) "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.9 below;
g) “Coupon” means a discretionary discount issued by Homegrown to you, to be used against your purchase. Each Coupon will have it’s own specific T’s and C’s and will have an expiry date.
h) "Customer" means individual who places an Order on the Site;
i) “Gift Voucher” means an electronic voucher purchased on our website or at selected retailers
j) "Liability" has the meaning given to it in clause 10.11(a) of these Terms and Conditions;
k) "Marketplace" means certain products offered on the Site which are sourced from the Supplier on receipt of Your order. These products are marked as Fashion Marketplace products.
l) "Order" means the order submitted by you to the Site to purchase a Product from us;
m) "You" means the Customer who places an Order;
n) “We” means Homegrown, as described above; .
o) “Store Credit” means value of product returned instead of a cash refund.
1.3.2 Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
1.3.3 Words imparting the singular shall include the plural and vice versa.
1.3.4 Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
1.3.5 References to "includes" or "including" or like words or expressions shall mean without limitation.
These Terms and Conditions are our copyrighted intellectual property and any use by third parties, even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action.
1.3.6 References to "clauses" are to clauses of these Terms and Conditions;
2. Your Status
To place an order with Homegrown you must be 18 years or older.
3. Effect
3.1 These Terms and Conditions shall apply to all Orders and Contracts concluded by or with Homegrown for the sale and/or supply of Products. When you submit an Order to Homegrown, give any delivery instruction or accept delivery of any Products, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or verbally, are expressly waived and excluded.
3.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by the authorised person at Homegrown.
4. How a Contract is formed
4.1 When placing an Order, you must register for an Account on the Site as detailed in clause 10, and you must follow the instructions on the Site as to how to place your Order and for making changes to your prospective Order before you submit it.
4.2 Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on the Site) together with the charges you must pay including VAT and cash handling fee, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Namibia. Subject to clause 4.11 below, this is the total that you will pay for receipt of the ordered Product.
4.3 You shall pay for the Product by one of the following payment methods, subject to Homegrown discretion.
4.3.1 Payment via credit card
Homegrown accepts credit card and chipped debit/cheque card payment via Visa, MasterCard and America Express only. We make use of the 3D-Secure authentication system to verify cardholder details with your bank (not applicable to mobile channels); this links you directly to your bank via a secure link. The transaction then takes place within your bank's secure environment and We won't have access to any of your card details. You can rest assured that your card details will only be accessible to our PCI compliant payment service provider. When you return a purchase, the specified amount will be credited back to your bank account after it has been approved..
4.3.2 EFT (electronic funds transfer)
A. Manual EFT bank deposit
This payment method requires you to transfer money directly from your bank account into Homegrown's account, through computer-based systems.
If you select EFT, you will be redirected to our secure payment gateway and asked to select your bank. The details for the EFT payment will then be displayed, along with instructions regarding references etc.
All bank deposit EFT's require proof of payment to be sent to ________________ before your order will be processed. If payment does not reflect for an EFT transaction We may request proof of payment to be sent before your order is processed. Take note that only Namibian EFT payments will be accepted and no international bank electronic transfers are accepted.
B.Instant EFT with i-Pay
How Does it Work?
- On checkout page, select instant EFT with i-Pay. You will be redirected to your bank’s login screen and prompted to login with your online banking details.
- You will receive a one-time pin to confirm payment.
- Once you have successfully made payment, you will receive instant notification that the payment has been successful and that your order will be processed.
- There is no need to enter Homegrown’s banking details or order reference number
- There is no need to wait for funds to reflect in the Homegrown’s account
- Instant EFT guarantees the highest levels of security when paying online
- Instant EFT has a Thawte EV SSL encryption certificate which gives our payment processing service an extremely high level of security
- Instant EFT acts as a proxy between you and the bank to facilitate a faster, safer and easier payment process for both you and Homegrown.
- Your online banking login details are NOT stored.
4.3.3 COD (Cash on Delivery)
Pay for your purchase in cash when it is delivered to your door. This is an easy payment option that only requires you to have the correct amount of cash when your package is delivered. Take note that all payment should be done in South African Rand or Namibian Dollar, and that the COD option is only available for certain postal codes. Please note that a handling fee of R10 will be charged on checkout.
Should it so happen that you are not available to accept delivery you can postpone/delay delivery for a maximum of three (3) Business days after the initial attempt to delivery. If delivery has not taken place within these three (3) Business days, the order will be cancelled and returned to our warehouse. In order to ensure the safety for you as well as our delivery team, cash on delivery will only be available on orders below R1,500.00 (one thousand five hundred rand) or $1500 (one thousand five hundred Namibian dollars).
4.4 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to Homegrown.
4.5 You undertake that all details you provide to Homegrown for the purpose of purchasing the Product from us will be correct, that the credit or cheque card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
4.6 When you submit an Order to the Site, you agree that you do so subject to the latest Terms and Conditions available on the Site at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit an Order.
4.7 Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
4.8 We shall not be obliged to supply the Product to you unless We have accepted your Order (by issuing a Confirmation of Order). Unless expressly stating that We accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or We may offer you an alternative Product (in which case we may require you to re-submit your Order first).
4.9 A Contract shall be formed, and We shall be legally bound to supply the Product to you when We accept your Order, unless performance becomes impossible for a reason beyond Our control. Acceptance shall take place when We expressly accept your Order by email in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by Homegrown. Without affecting your obligation to pay us earlier, We may send an invoice to you at any time after We have accepted your Order. Until the time when We accept your Order, We reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If your Order is cancelled, either by you or by Homegrown, before We have accepted the Order, then We will promptly refund any payment already made to us, by you or your credit or cheque card company, in respect of the cancelled Order.
4.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact __________ immediately. However,Homegrown cannot guarantee that We will be able to amend your Order in accordance with your instructions.
4.11 We will, at all times do our utmost best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by Homegrown as part of our acceptance procedure. If the price for the Order changes before we accept your Order, We will contact you and ask you to confirm whether you wish to proceed at the amended price.
4.12 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until We have sent a Confirmation of Order in relation to those Products.
4.13 You must only submit to Homegrown, or our agent or the Site, information which is accurate and not misleading and you must keep it up to date and inform us of changes.
5. Cancellation
5.1 We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Homegrown, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
5.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product, unless otherwise agreed between you and Homegrown.
6. Cancellation by Customer (Non-Faulty Product)
6.1 You are entitled to cancel any sale concluded on the Site within Fourteen (14) days of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 14 days from the order date). Please read the Refund Policy for further details in this regard.
6.2 No cancellation fees shall apply.
6.3 Delivery fees and cash handling fees, where applicable, are not refundable.
6.4 For more detail relating to returns of non-faulty Products, please see our Returns Policy
7. Faulty Products
7.1 We warrant that:
a) the Product will be delivered undamaged in the quantities ordered; and
b) the Product will conform with the manufacturer's latest published instructions as set out on the Site or in our Product material at the time of your Order.
7.2 The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
7.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
7.4 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
7.5 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.
8.6 If you would like Homegrown to replace (if reasonably possible eg. if product is still available or could easily be obtained by Homegrown) or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to Homegrown or the manufacturer's instructions for the Product; or
d) deteriorated through normal wear and tear, after delivery by Homegrown, We may at our discretion decide not to replace or refund you for the Product and/or We may require you to pay all reasonable carriage costs and servicing costs at Homegrown current standard fees and costs and charge this to your credit or cheque card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8. Gift Vouchers
8.1 You may use a Gift Voucher as payment for any products on the Site.
8.2 You may purchase Gift Vouchers for use on the Site by yourself or as a gift for another person. These Gift Vouchers will be sent to you via email.
8.3 To redeem Gift Vouchers in your Account or check an existing credit, please visit "My User Account" on the Site.
8.4 We may email Gift Vouchers to you. Subject to clause 12.2, we accept no liability for errors in the email address of the Gift Voucher recipient.
8.5 If you have a Gift Voucher, that Gift Voucher can be used by someone other than you and you can assign your rights to use that Gift Voucher.
8.6 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payments.
8.7 We assume no liability for the loss, theft or illegibility of Gift Vouchers.
8.8 Gift Vouchers cannot be used to purchase other Gift Vouchers.
8.9 Gift vouchers are not refundable for cash once purchased.
8.10 Gift vouchers may only be purchased through cheque or credit card.
8.11 The credit of a Gift Voucher does not accrue interest nor does it have a cash value.
8.12 If the credit of a Gift Voucher is insufficient for the Order you wish to make, you may make up the difference through other payment methods.
8.13 Should you wish to return an item you have purchased using a Gift Voucher, please consult clause H. of our Returns Policy.
9. Limitation of Liability
9. Limitation of Liability
9.1 This clause 10 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
9.2 We will at all times do our utmost best to ensure that all information displayed on the Site and in any communications from Homegrown is accurate, however, should any inaccurate information be published by Homegrown (ie. incorrect Product description or price), despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.
10. Security
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Homegrown suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
a) be used for your personal use only; and
b) not be disclosed to any third party.
You allow Homegrown to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. All credit card transactions are Secure Socket Layers encrypted. Homegrown's registration documents and the Site's registered domain name are checked and verified by DigiCert.
11. Guarantee and complaints management
11.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
11.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
11.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that We assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five (5) Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
12. Data protection
Please see our Privacy Policy, which forms part of these Terms and Conditions.
Please see our Cookie Notice, which forms part of these Terms and Conditions.
13. Circumstances beyond our control (force majeur clause)
13.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
13.2 Either you or Homegrown may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor Homegrown shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
13.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
14. Notices
14.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in clause 18 of these Terms and Conditions.
14.2 Any notice given by post shall be deemed to have been served seven (7) Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient's server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.
15. Governing Law and Jurisdiction
This Site is hosted, controlled and operated from the Republic of Namibia and therefore governed by Namibian law and, subject to the clause 18 of these Terms and Conditions, you and Homegrown submit to the jurisdiction of the Namibian courts.
16. Disputes
Disputes between you and Homegrown:
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Homegrown on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Homegrown.
17. Address for Notices
Homegrown chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:_________ __________ _______being required in order for any notice to be considered validly delivered to Homegrown).
18. Advertising on the Site
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site, published by the Advertising Standards Authority. All photography is for illustrative purposes only and specific styles are not necessarily stocked.
19. General
19.1 These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Homegrown from time to time, for so long as the Site exists and is operational, Homegrown being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by Homegrown). However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
19.2 No failure or delay, by Homegrown or by you, in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Homegrown's, or your rights under these Terms and Conditions or a Contract.
19.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
19.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
19.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
19.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
19.7 A full record of every sale and related transaction between you and Homegrown shall be maintained on the Site for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter you shall be responsible for retaining your own record of the relevant sale or related transaction.
19.8 Any and all copyright subsisting in the Website, including theses Terms and Conditions, vests in Homegrown and all rights not expressly granted are reserved.
19.9 When you visit the Site or send e-mails to Homegrown, you consent to receiving communications from Homegrown electronically and agree that all agreements, notices, disclosures and other communications sent by Homegrown satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.
20. Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
21. Disclaimer
Save for Homegrown being liable to you “
a) under the Consumer Protection Act 68 of 2008 in relation to any products sold by Homegrown to you via the Site; and
b) under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to Homegrown's payment systems not being sufficiently secure;
Neither Homegrown nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Homegrown makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to customer@email_____
Although the products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Homegrown and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
22. Promotions / Competitions
Special Terms & Condition apply to all promotions and competitions run by Homegrown and can be viewed under Terms & Conditions "Promotions".
23. Micro Influencer Terms and Conditions
1. What does a Zando Influencer do?
An Influencer is a Zando brand ambassador who will increase our brand’s reach through social media. We’ll send Influencers coupon codes, samples, birthday vouchers and sharing discounts and they will tag us on their social media platforms. Influencers may be invited to Zando events, and might work with us on possible campaigns. Not all influencers chosen will be used for the same purpose, as we will use you where we feel you may be best suited.
2. How do I sign up to be an Influencer?
2.1 You can click on the link "Become a Zando Influencer" in the footer of our website page. You will then need to complete an online form where various pieces of information will be required of you.
2.2 You must be over the age of 18 in order to apply.
2.3 We will collect the following info from you:
‐ Preferred name, date of birth, gender, region, ethnicity, general sizes, so that we know which category will suit you best.
‐ Your handles for Instagram, Facebook and Twitter, so that we can check out your social skills.
2.4 By applying, you acknowledge that the information you provide will be processed in accordance with our Privacy Policy and compliance with Protection of Personal Information Act.
3. How does Zando choose an Influencer?
Zando will select influencers using a certain set of criteria:
Minimum of 1000 to maximum of 10 000 followers;
Your look and feel;
Do you fit our brand identity;
Engagement on various platforms;
No business accounts will be allowed
Your Instagram must not be a private account
It shall be Zando’s sole discretion about which Influencers to choose and keep.
4. How could I benefit from being an Influencer?
By building a relationship with us, you stand a chance to be featured on our social media platforms, which could help increase your followers. You will also be given early access to deals, receive discounts, vouchers, be invited to Zando events, as well as be given product samples to test out.
5. Who owns the social media posts?
Your content is your content, but you do grant us the right to use your content on our social media platforms.
You also warrant to us that you are the owner of the content on your social media platforms or that you have obtained permission from the relevant rights holders to use the content. Further you indemnify us in the event of an infringement of intellectual property arising through your conduct.
6. Protecting Zando’s brand
Our brand is very important to us and we want to trust you with it!
If you are selected to be an Influencer, you undertake not to do anything that would damage Zando’s reputation nor will you make any disparaging or defamatory comments about Zando in any context or on any social media platforms.