This website www.metrolifestyle.co.za(“interchangeably referred to as “the website” or “the site”) is operated by Metro Lifestyle Centre (Pty) Ltd 2010/002928/07, a private company registered with limited liability in the Republic of South Africa (herein referred to as “Metro Lifestyle Centre”/“the Company”/ “we”/“us” and/or “our”). The site promotes the sale of the Company’s products, including all information, tools and services available from this site (collectively referred to as “the Products”) on the express or implied condition that you, the user, accepts all the terms, conditions, policies and/or notices stated on this site.
By visiting or browsing our site and/or purchasing any of our Products via this site, you:
- Warrant that you have read and understood these terms and conditions as well as the policies displayed on this site; and
- Agree to be bound by these terms and conditions as well as policies, including those additional terms and conditions and policies incorporated by reference herein and/or available by hyperlink (collectively referred to as “the Agreement” or “Terms of Service”)
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.
PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT, AND AGREE TO BE BOUND BY, THIS AGREEMENT.
Please read theseTerms of Service carefully before accessing our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on the page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the terms will result in an immediate termination of your service.
2. GENERAL CONDITIONS
We reserve the right to refuse service at any time for any reason whatsoever.
The Company may, in its sole discretion, suspend or terminate the operation of the website at any time without prior notice to you and without the need to give you reasons for such termination or suspension.
You understand that your content (not including credit card information), may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce , duplicate, copy , sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of our rights or remedies.
Any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this Agreement, may be submitted to confidential arbitration in Johannesburg, South Africa in terms of the expedited rules of the Arbitration Foundation of Southern Africa. Notwithstanding either party’s right of arbitration, either party may elect to refer the dispute to any Court or Tribunal with competent jurisdiction.
The website is registered and managed in the Republic of South Africa and this Agreement is accordingly governed by the laws of the Republic of South Africa.
The Company chooses its domiciliumcitandi et executandi for all purposes under thisAgreement, whether in respect of court process, notice, or other documents at 280 Veronica Street, Montana, Pretoria, Gauteng, RSA, 0151 and marked for the attention of the Managing Director.
Customers who are not resident in South Africa are welcome to use our Website in accordance with these Terms to make online purchases provided that the delivery address is in South Africa.
3. ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
The User acknowledges and accepts that the Platform may become unavailable from time to time due to various circumstances, including: technical failure or problems with the Platform; technical failure or problems with third party information technology systems; unavailability of telecommunication or electricity services; or other circumstances beyond the control of Metro Lifestyle Centre, in which case there shall be no claim whatsoever arising against Metro Lifestyle Centre.
4. MODIFICATIONS TO THE SERVICE AND PRICES
We may change the terms of this Agreement from time to time without notice to you. Any amendments will take effect immediately on posting of the amendments on the website. You shall be deemed to have accepted any changed terms should you continue to use the website.
Prices to our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns policy.
We have made every effort to display as accurately as possible the colors of the products that appear on our Website. However, as the actual colors you see will depend on the device that you use to access our Website, we cannot warrant that your device’s display of any color will be accurate.By accessing, browsing and using our website, you understand and agree that we cannot be held responsible for any errors that might be a result of incorrect images displayed.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise the right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Company. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
5.1 Obvious errors
Whilst all precautions are taken by the Company to provide the correct information on the website, in the event that we identify an inadvertent and obvious error in the price, product or service description, images and any other relevant content, Metro Lifestyle Centre is not obliged to provide you with the affected product or service.
Metro Lifestyle Centre will make every effort to contact you to alert you of the error. In such circumstances you are entitled to cancel the purchase and we will provide a full refund for the amount paid.
Packaging may vary from that shown on our Website.
6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
7. OPTIONAL TOOLS
We may not provide you with access to third-party tools over which we monitor and have neither control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representation or conditions of any kind and without any endorsement. The Company shall have no liabilitywhatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subjected to these Terms of Service.
8. LINKS TO THIRD-PARTY PLATFORM AND ADVERTISING
Certain content, products and services available via our Service may include materials from thirdparties.
Third-party links on this site may direct you to third-party website that are not affiliated with us. We are not responsible for examining or evaluation of the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
No person, business or other website may link to any page on this website without the prior written permission of the Company.
External hyperlinks may be provided on the website, but such links are beyond the Company’s control. You shall not interpret the provision of such hyperlinks as constituting any relationship between the Company and any linked third party, nor as an endorsement by the Company of such third party. Hyperlinks provided on this website to other websites are provided as is and the Company does not necessarily agree with, edit or sponsor the content of such websites. The use of, or reliance placed by you on any external links provided on the website is entirely at your own risk.
Any advertising and other promotional material that may be displayed on the website from time to time shall not be interpreted as constituting any relationship between the Company and any third party placing such advertising or promotional material on the website, nor as an endorsement by the Company of such third party. Any use of, or reliance placed by you on such material is entirely at your own risk.
9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If , at our request, you send certain specific submissions ( for example contest entries ) or without an request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online , by email, by postal mail, otherwise ( collectively, ’comments’) ,you agree that we may , at any time, without restriction, edit ,copy, publish, distribute , translate and otherwise use in any medium any comments that you forward us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to; monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening , libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10. PERSONAL INFORMATION
As our loyal customer, your privacy and trust are important to us. Accordingly, we ensure that your Personal Information is collected and processed in a lawful manner. We will always endeavor to protect this information and hold it in confidence. Personal Information supplied by you while making use of this Service is provided voluntarily to Metro Lifestyle Centre. If you choose to use our Service, then you acknowledge that such conduct constitutes an unconditional, specific and voluntary consent to the processing (including storage) of such information.
We take reasonable steps to protect the personal information we hold and process from misuse, loss and from unauthorized access, modification or disclosure. We hold personal information both at our own premises and with the assistance of our service providers.
- Metro Lifestyle Centre will respect the privacy of the Users and will take reasonable measures to protect it, as more fully detailed below.
- When registering on the Platform or signing- up as a User by completing the relevant User form, Metro Lifestyle Centre will require that Registered Users provide us with personal information.
- Should the Registered User’s personal information change, the Registered User shall inform Metro Lifestyle Centre and provide it with updates to his/her/its personal information as soon as reasonably possible to enable Metro Lifestyle Centre to update such personal information.
- The Registered User may choose to provide additional personal information to Metro Lifestyle Centre, in which event the Registered User agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
10.2 PURPOSE AND MANNER OF PERSONAL DATA COLLECTION AND USE
Metro Lifestyle Centre collects and processes personal data in accordance with the provisions of the European Union General Data Protection Regulation (“GDPR”) and Protection of Personal Information Act, No 4 of 2013(“POPIA”), as amended and other regulations in force in the Republic of South Africa.
10.3 PRIVACY STATEMENT IN TERMS OF THE GDPR AND POPIA
10.3.1 Data will be collected for specified purposes of rendering the Services, record keeping, billing and for the purpose of generating various legal agreements and document relating to the Service for use and implementation by the Registered User. The following data will be collected:
10.3.2 The Registered User’s full name, South African Identity number/Registration Number (if applicable), Email address, Telephone Number, Mobile Number, Fax Number, Physical Address, Postal Address, Employment Status, Name of and Address of User’s employer (if applicable), IP address, non-personal browsing habits, Transactional information, demographic information such as postcode, preferences and interests, click patterns and Other information relevant to customer surveys and/or offers.
10.3.3 In terms of the Financial Intelligence Centre Act 38 of 2001, (“FICA”) as amended, Metro Lifestyle Centre is an accountable institution. Once the Registered User has engaged Metro Lifestyle Centre’s Services the Registered User will be expected to provide Metro Lifestyle Centre with the latest FICA documentation which once collected, and a mandate is signed, will be protected in terms of POPIA.
10.3.4 As and when necessary, Metro Lifestyle Centre may electronically collect, store, disclose and/or use the personal information.
10.3.5 Information collected from Registered Users is required only to compile, sell and deliver the Products and/or Services to the Registered Users and, save for User satisfaction contact or full resolution of any issue raised by Metro Lifestyle Centre, such information shall not be used for any other purpose without the Registered User’s prior consent.
10.3.6 All information collected is kept strictly confidential and all reasonable steps are taken to ensure that information is secured in storage and ultimate destruction. It will not be shared with any third party without the prior written consent of the Registered User.
10.3.7 Metro Lifestyle Centre shall take all reasonable steps to protect the personal information of Registered Users and is committed to respecting the privacy of the Registered User’s personal information. For the purpose of these T&C’s, “personal information” shall be defined as detailed in the POPIA. As and when necessary, Metro Lifestyle Centre may electronically collect, store, disclose and/or use the Registered User’s personal information.
10.3.8 Metro Lifestyle Centre will ensure that all our employees, third-party service providers, (including their employees and third-party service providers) having access to the Registered User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the Registered User’s personal information and meet any applicable law, regulation, legal process, or enforceable governmental request.
10.3.9 The Registered User’s personal data will be hosted and stored in countries which might not have the adequacy decision of the European Union; other third-party contractors may have access to your data only for the purpose specified herein and the access of such third parties is strictly controlled.
10.3.10 Whenever Metro Lifestyle Centre is sending data to countries that are not providing the same level of protection as the EU’s GDPR, Metro Lifestyle Centre will use appropriate safeguards to protect the Registered User’spersonal data, including but not limited to Standard Contractual Clauses for Processors.
10.3.11 We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen
10.4 Metro Lifestyle Centre collects stores and uses the information details provided by you on registration together with the information we learn about you from your use of our products or services and the transactions you undertake when visiting our stores and websitein order to:
10.4.1 Communicate requested information to Registered Users;
10.4.2 Respond to queries, responses or complaints submitted by Registered Users;
10.4.3 Process orders or applications for Metro Lifestyle Centre Products and/or services including ensuring that any goods you purchase online are delivered to the correct address and, if there are any issues we are able to contact you or the order recipient to resolve the issue;
10.4.4 Create Products or services that may meet the future requirements of Registered Users;
10.4.5 Provide Registered Users with access to restricted pages on the Platform; and
10.4.6 Compile non-personal statistical information about browsing habits, click-patterns and access to the online services;
10.4.7 Onboard a User for purposes of rendering the Services.
10.4.8 We may collect additional information arising from your participation in promotions, events or competitions offered by us and information you provide when giving us feedback or completing forms. We make use of various data enhancement services to ensure that customer data is as accurate as possible. We also recruit new customers through collaborative campaigns with 3rd parties.
10.4.9 personalize its service and make communications more relevant to individual customers. This includes direct marketing activities like promotional offers, news and information about products and services that we think will be of interest to customers.
10.4.10 From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
10.6 Metro Lifestyle Centre may further collect non-personal information, for example, the Registered User’s IP address, the date and time of their visits to the Metro Lifestyle Centre Platform, and browser history, to recognize the Registered User during any subsequent visits to the Metro Lifestyle Centre Platform and/or use of the online services. Metro Lifestyle Centre may further use this non-personal information to develop future Products and/or services to meet the Registered User’s requirements and needs.
10.7 Metro Lifestyle Centre owns and retains all rights to non-personal statistical information collected and compiled by Metro Lifestyle Centre.
10.8 All Personal Information will be securely retained and only used to fulfil the purposes listed above. We will take appropriate, reasonable technical and organizational measures to prevent loss of, damage to, or unauthorized destruction and unlawful access to or processing of your personal information. This may include transfer of data outside of South Africa (due to the nature of our technologies being used). Information associated with your account will be kept until your Smart Shopper profile is deleted, unless we no longer provide the Service to you.
10.9 Metro Lifestyle Centre will not share the Registered User’s personal information outside of Metro Lifestyle Centre except in the following cases:
10.9.1 With prior consent;
10.9.2 With its employees and/or third-party service providers who assist with the Platform;
10.9.3 When processing of information is necessary for the performance of a contract with the Registered User;
10.9.4 When Metro Lifestyle Centre has a legal obligation to share the information;
10.9.5 When the information is necessary in order to protect the vital interests of the Registered User or of another person;
10.9.6 When the information is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested;
10.9.7 When the information is necessary for the purposes of the legitimate interests pursued by the Metro Lifestyle Centre or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Registered User which require protection of personal data.
10.10 COLLECTION AND PROCESSING OF PERSONAL DATA BY OTHER USERS OR THIRD PARTIES
The Platform contains content and may contain Links to third-party Platform, through which other Registered Users or third parties may gain authorized or unauthorized access to the Registered User’s personal data. These T&C’s do not apply to the collection, processing or use of personal data that the Registered User has communicated to other Registered Users and/or third parties. It is in the Registered User’s best interest to acquaint themselves with the rules of personal data protection, and the protection of privacy applied by other Registered Users and/or third parties.
10.11 MODIFICATION AND DELETION OF PERSONAL DATA
10.11.1 The Registered User is legally entitled to request modification or deletion of their personal data, or deletion from the Registered User database at any time. Modification or deletion of data shall be affected on the basis of an appropriate notice addressed to Metro Lifestyle Centre as outlined herein.
10.11.2 If you believe that any information we are holding on you is incorrect or incomplete, please contact us via our website email (firstname.lastname@example.org) as soon as possible. We will promptly correct any information found to be incorrect.
11.2 A cookie is a group of data serving as the Registered User’s anonymous individual identifier that is sent to your browser by Platform. Cookies are sent when the Registered User accesses the Platform. They are stored on the Registered User’s computer and serve to record information about the Registered User’s subsequent online visits. Therefore, after a cookie has been stored on the Registered User’s computer every time the Registered User returns to the Platform, it shall look for the cookie in order to read the stored data.
The Company will endeavour to ensure that your personal information and/or Credit Card details are protected as they travel over the Internet. Given the current state of Internet technology however, there is no guaranteed secure transmission of data over the Internet. Therefore, the Company cannot guarantee the absolute security of any information you transmit to us or which the Company transmits to you. You agree that the Company shall be entitled, at all times, to take all reasonable steps to ensure the integrity and security of the Site, including associated applications.
The content contained on the Site may be used by you for your own personal shopping and information purposes only. In using the Site you warrant that you shall not infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Site and you hereby indemnify the Company for any damage caused by any act attributable to you. Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorized access to any page shall be prosecuted.
13 Electronic Communications
- In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these Terms and Conditions (“T&C’s”) are binding and enforceable against all persons that access the Metro Lifestyle Centre Platform/Site or any part thereof or make use of any of Metro Lifestyle Centre’s Online Products.
13.2 DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
13.2.1 Access to the services, content, software and downloads available from the Online Products may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, Metro Lifestyle Centre provides the following information:
- The full name and legal status of the Online Product owner:Metro Lifestyle Centre (Pty) Ltd registration number 2010/002928/07;
- Postal address: P.O. Box 10412, Centurion, 0157;
- Physical address for receipt of Legal Services: 280 Veronica Street, Montana, Pretoria, Gauteng, 0151;
- Main business: General Retail;
- The Website address of the Metro Lifestyle CentreWebsite is: https://www.metrolifestyle.co.za/
- The official e-mail address of the Metro Lifestyle Centre Website is: email@example.com
- Access to and use of the Metro Lifestyle Centre Website is provided free of charge;
- Users may lodge complaints concerning the Online Products via _____________________________________________________________
13.3 When you use or visit this website, or send electronic communications to the website including, without limitation, e-mails or place orders for Products, you:
- Consent to receiving communications from the Company electronically;
- Agree that all notices, disclosures and other communications sent by the Company, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’;
- Agree that the Company may use your information to contact you about promotions and special offers if you have indicated during registration that you would like to receive such information. You are entitled, at any stage, to opt out of this service. We shall not sell or rent information about you including, without limitation, your name, identity number, address, email address and contact telephone number (“personal information”) to any third parties; and
- Agree that the Company may disclose your personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law, e.g. for accounting purposes.
14. ERRORS, INACCURACIES AND OMMISIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shopping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice. (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
15. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service , you are prohibited from using the site or its content : (a) for any unlawful purpose; (b) to solicit others to perform or participate in any lawful acts; (c) to violate any international, federal, provincial or state regulations, rule, or local ordinances ; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others ; (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin , or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet;(h) to collect or tract the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
16 INTELLECTUAL PROPERTY RIGHTS
16.1 All these Products/Services are copyright-protected.
16.2 All intellectual property on the Metro Lifestyle Centre Platform, Website and Online Products, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Metro Lifestyle Centre and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these T&C’s, all the rights to intellectual property on the Metro Lifestyle Centre Platform, Website and Online Products are expressly and strictly reserved.
16.3 All rights, interest and title in intellectual property in these Products or this Platform are, and remain, the exclusive property of Metro Lifestyle Centre, and any unlawful or unauthorized use, modification, alteration, on-sell or distribution, is punishable by law.
16.4 Use of our logos, content and images
You are not permitted to use the content of our Website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorized use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.
17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND INDEMNITY
17.1 As a condition of the User’s use of the Platform, the User hereby indemnifies Metro Lifestyle Centre where there is no consultation time prior to purchasing or using any of these Products. Metro Lifestyle Centre cannot, and does not, guarantee the appropriateness of any of these Products as contained on this Platform. Any purchases are thus made solely at the User’s own risk.The User indemnifies Metro Lifestyle against any loss, claims, demands, proceedings, damages and expenses of whatsoever nature arising from the use of this Platform and any of the Products therein contained, that Metro Lifestyle Centre may incur as a result of the User’s actions or omissions with regards to the use of the Metro Lifestyle Centre Platform or use of information contained on the Metro Lifestyle Centre Platform.
17.2 Use of the Platform or Website or the information contained thereon is entirely at the User’s own risk and accepts full responsibility for all risks that may result from the use of the Platform. Metro Lifestyle Centre will not be liable for damages of any nature whatsoever which may arise out of the use of the Platform or Website the information contained thereon.
17.3 Notwithstanding anything to the contrary contained above, in no event shall Metro Lifestyle Centre, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
17.3.1 any User’s access to or use of or inability to access or use the Platform/Website;
17.3.2 any conduct or content of any third party on the Platform/Website;
17.3.3 any content obtained from the Platform/Website; and
17.3.4 any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, delict including negligence and excluding gross negligence, whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
17.4 The Users make use of the Platform at their own sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
17.5 Notwithstanding any other provisions contained herein, the Company’s liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises.
17.6 Metro Lifestyle Centre has taken all commercially reasonable measures to ensure the integrity of the Platform and no warranty is given that any material downloaded from the Platform/Website is free of viruses, bugs, or the like that may have the ability to corrupt the operation of your computer system.
17.7 By accessing this Site you warrant and represent to the Company that you are legally entitled to purchase the Products and that all the details you have provided are true and complete.
18 Placing an order online
To purchase products from the Metro Lifestyle Centre online site you can register your personal information or complete the purchase by checking out as a guest customer. When placing an order online you will be required to provide us with the following personal information including but not limited to your:
- Name and Surname;
- Email address;
- Contact number;
- South African identity number when required (for TV License validation);
- Payment details;
- Delivery address;
- Billing address;
We will send you updates on the progress of your order. If you have registered an account, you can track the progress of your order by signing in and going to your “Order history”. If you checkout as a guest, you will not be able to track your order on the Site. If you have any queries you can contactus via the online details provided herein. Your delivery address and contact details are required to facilitate the delivery of your order.
18.1 Product Availability & Pricing Policy
The Products displayed on this Site are subject to availability and will be delivered only within the Republic of South Africa, within the defined areas as determined by the Company. All prices displayed on the Site are quoted in South Africa Rand (ZAR) and include VAT at the rate of 15%. These are valid and effective only in the Republic of South Africa.
The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on the Company website without incurring any liability whatsoever.
Subject to availability, the price you pay for Products will be the price shown on the Metro Lifestyle Centre Online Site on the date that you pay for such Products.
Time-based pricing is only available during the times and dates stipulated on the Site.
In the event of a Product being on special, this price will be displayed. On occasion prices seen online may only be valid on the Site and not in Metro Lifestyle Centre stores.
Metro Lifestyle Centre cannot guarantee availability of stock but will endeavor to source stock where possible to fulfil your order. Where items cannot be delivered, Metro Lifestyle Centre will endeavor to contact the customer based on the information provided at checkout and offer either the option to cancel the order or reduce the quantities, where applicable.
Stocks of all goods on offer are limited. The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available.
If we are unable to supply each and every item ordered or in the quantities ordered and cannot contact the customer, Metro Lifestyle Centre reserves the right to cancel the delivery until such time as it is able to get hold of the customer or to have further stocks available.
Delivery costs are calculated considering the area of delivery as well as the weight and product dimensions of each Product being delivered and are quoted separately.
Free/Discounted delivery promotions are limited to specific web promotions/orders only.
18.2 Stock availability
Metro Lifestyle Centre cannot always guarantee availability of stock and will endeavor to deliver a substitute line where possible.
If we are unable to supply each item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered.
18.3 Methods of payment
Prior to delivery, the Company shall be entitled to debit the Credit Card, Store Card or bank account supplied by you on acceptance of your order should you be paying with a Credit Card or instant EFT.
Should you pay for the products via Manual EFT, the order will only be processed once we have received successful confirmation of payment that has cleared in the Company’s bank account, and is reflected as a payment on the Company’s bank statement within 5 working days of date of the placement of your order.
By submitting an order to buy Products (as well as your identity number, where required) you:
- Represent and warrant that you are over the age of 18;
- Represent and warrant that you are authorized to make payment with a Credit Card or Store Card if you are paying via this mechanism;
- Are authorized to make payment using the specified bank account should if you are paying via instant EFT
- Represent and warrant that there are sufficient funds available to pay for the order; and
- Consent to us providing your personal information to our third-party payment provider, which is necessary to enable us to perform our obligations in terms of this Agreement.
In order to protect our interests as well as yours, the Company may scrutinize transactions to prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.
No other method of payment, including by gift voucher, will be accepted by the Company in respect of the purchase of Products on the Metro Lifestyle Centre Online Site.
We will debit the total value of your online order against the payment card tendered by you during the checkout process.
Payment will be affected on acceptance of your order and prior to delivery.
19 Confirmation of Orders
Orders placed on the Metro Lifestyle Centre Online Site constitute your offer to purchase products subject to these Terms and Conditions. Your offer is deemed to have been received by the Company when payment is received from the issuing bank in the case of payment via Credit Card, Store Card, Instant EFT, or when your payment reflects on the Company’s bank statement in the case of payment via manual EFT.
Failure by the Company to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
20 Agreement of Sale
An agreement of sale in respect of a product between the Company and you only comes into effect when payment has been made and the products have been delivered at your chosen address. In this regard the word “payment” means a Credit or Store Card authorization is received by the Company from the issuing bank or when the Company’s bank statement reflects your payment via EFT, and the order has been invoiced. The words “delivery” means the transportation and the handover of the product to you.
The Company shall only be liable to refund monies already paid by the User. Unless otherwise stated, a delivery fee will be charged each time you purchase an item online for delivery.
21 Delivery Confirmation
On receipt of your order we will send you an email describing the products and services you have ordered. These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process. The contract between you and Metro Lifestyle Centre will only be completed when we deliver the products to you. Any products or services on the same order which have not been dispatched/delivered to you do not form part of that contract. Delivery dates are estimates only, and as we process your order, we will inform you if any products or services on your order turn out to be unavailable or delayed for any reason.
Metro Lifestyle Centre delivery timeslots are as follows:
Monday – Friday: 09:00-15:00; 15:00-17:00 and 17:00-19:00.
Saturday: 09:00-15:00; 15:00-17:00.
There are NO deliveries on Sundays and Public Holidays.
Deliveries are affected on the day following the placement of your order on our site unless you have chosen to accept delivery at a later date.
We only deliver to registered customers within certain specified delivery areas. On delivery of the order to the specified delivery address, you will receive our delivery note showing the items delivered, any substitute items, any non-available items, the delivery fees, Value-Added Tax and the amount debited from your payment card.
For verification purposes, the person accepting delivery at the delivery address may be required to produce an acceptable form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorized to accept delivery on your behalf. Should no-one be in attendance, at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The driver will attempt to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required in the circumstances.
Our liability for failing to deliver the products timeously is limited to delivery being affected at a later agreed time at no additional charge. Please arrange that you or your authorized representative 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 authorized representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt.
We have outsourced all delivery and collection arrangements. 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 deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
22 Risk and Ownership
Risk in the Products shall pass to you upon delivery of the Products at the delivery address chosen by you. Until payment is received in full for any goods sold, ownership in the Products shall remain with the Company and such Products shall be returned and/or surrendered to the Company following receipt of a default notice from the Company.
23 Click & Collect
The User can optionally elect to collect the Products from any of our Metro Lifestyle Centre stores after confirmation of order, subject to mutual arrangement with our Online Store Manager.
If for any reason you would like to cancel an order, this may be done by contacting us via firstname.lastname@example.org only up to midnight on the day prior to the date of delivery. We reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof.
Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.
25 REFUNDS AND RETURNS POLICY
Metro Lifestyle Centre strives to provide the best possible service to its customers and has put the appropriate measures in place to ensure all its staff and suppliers are fully aware of, and comply with the Consumer Protection Act 68 of 2008 (“the CPA”).
We are committed to operate our business in terms of the requirements of the CPA and our refunds and returns policy is aligned therewith.
If you are for any reason dissatisfied with an item purchased from our Website you may return it to any Metro Lifestyle Centre store for a full refund, replacement or exchange, subject to the provisions of the CPA.
25.1 Replacement Products and Refunds
Subject to the provisions of the CPA, should the Company supply the incorrect Product or if the Product supplied is damaged or faulty, and/or if the goods were defective, unfit for purpose or failed due to a design or manufacturing flaw, the Company shall exchange the Product for a new one, provided that the damaged or incorrect unit is returned in its original packaging with all warranty cards, manuals and accessories within 10 (ten) days of the delivery of the Product to you. The Company will replace any damaged or faulty Product or an incorrect Product with a new Product within a reasonable time.
N.B Metro Lifestyle Centre will not be obliged to return any goods that have been altered in any way including any cut material.
Items with seals on them such as laptops, cell phones etc. will not be accepted back if the seal is broken. This will be regarded as a used item.
Refunds will only be processed onto the payment method that was used when the order was created, and into the account it was paid from e.g. credit card, store card or EFT.
A refund can take up to 14 business days to reflect in your account, and EFT refunds are subject to verification of your banking details.
Metro Lifestyle Centre reserves the right to refer returned goods for technical assessment by the manufacturer or authorized service Centre.
Customers are required to present their original tax invoice or till slip or other acceptable proof of purchase.
If the goods show a defect after the initial 6 (six) month period, but are within the manufacturer’s warranty period, Metro Lifestyle Centre may, at the customer’s request send the goods to the manufacturer for repair and the manufacturer will decide whether you will have a valid claim and if so, whether they will repair or replace as well or whether any charges will be levied in accordance with the terms of the warranty.
If the goods become defective once the manufacturer’s warranty has expired, we will endeavor to arrange with the manufacturer or its agents to repair the goods but bear no responsibility for their failure to do so.
No chargeable repairs will be done without the customer’s approval of a quotation first. If within 3 (three) months after goods have been repaired, the defect persists, or a further failure or defect occurs on the repaired component Metro Lifestyle Centre will either refund or replace the component. Customers must keep proof of any repairs.
As with all warranties, certain conditions and exceptions apply:
- Please take proper note of any terms or instructions that accompany your goods;
- Goods that show a material manufacturing defect or other material defect within the first 6 (six) months of purchase will be repaired, replaced or refunded; and
- Defects that develop after six months may be repaired, replaced or refunded at the manufacturer’s election, and subject to the relevant manufacturer’s policy.
- The manufacturer’s warranty will only apply to material defects in the process of manufacturing the goods and will not apply in the following instances:
- damage caused by lightning or power surges;
- damage caused by misuse or abuse to the goods or contrary to instructions and warnings provided on the goods or their documentation;
- goods used for a purpose other than the purpose for which they were intended e.g. commercial use of domestic appliances;
- accidental damage;
- goods that have been altered or physically changed in any way; and
- A public regulation prohibits such returns for public health reasons.
- Once we have accepted a return and approved a refund, the customer will receive the refund in the same manner as payment was made.
To the extent that the Products are altered, contrary to the instructions, or after having been delivered to the delivery address stipulated by you, the Products or property in which the Products are installed have been subjected to misuse or abuse, the Company and/or manufacturer of the Products will not be obliged to honour any warranties applicable to such Products.
Warranties do not apply to ordinary wear and tear.
27 TV Licenses
By law every customer must have a valid TV license when purchasing a television set or any appliance with a built-in TV. Your order for the television set will not be processed until you have successfully concluded the TV license verification process online.
Should you wish to purchase a product that requires you to be in possession of a valid television license we will be entitled, in our sole and absolute discretion, to refuse to sell you the Product, alternatively withhold delivery of the Product to you until such time as:
- We have satisfied ourselves that you are either in possession of a valid license or are exempted from needing to be in possession of a license in terms of the provisions of applicable legislation; and
- You have provided us with the information and documents we are required to obtain from you in terms of applicable legislation including, without limitation, your personal information as well as a copy of your identity document.
By placing an order for a Product that requires you to be in possession of a valid television license, you shall be deemed to have consented to us obtaining your personal information from the SABC for the purposes of verifying whether you are in possession of a valid license. Furthermore, you represent and warrant that you are the holder of a valid television license.
At Metro Lifestyle Centre, our customers have always been our priority. We continue to support our customers and are committed to protecting the consumer.
Metro Lifestyle Centre acknowledges and supports the spirit of the Consumer Protection Act 68 of 2008, as amended (“the CPA”). The Company’s mission is to satisfy customers’ needs by selling quality products at competitive prices.
Metro Lifestyle Centre has always and will always put the consumer first and strive to uphold the principles of the CPA in all our dealings with our customers. As a consumer you should know and understand what the CPA aims to achieve, what your rights are as a consumer, and how and where to address your concerns.
What are the consumer’s rights?
The CPA has reinforced 9 rights for the consumer:
- Your right to equality in the consumer market and protection against discriminatory marketing practices
- Your right to privacy
- Your right to choose
- Your right to disclosure of information
- Your right to fair and responsible marketing
- Your right to fair and honest dealing
- Your right to fair, just and reasonable terms and conditions
- Your right to fair value, good quality and safety and
- Your right to accountability by suppliers
Should you wish to contact us we have a number of channels that you can use to let us know how you feel about your experience within any of our stores. We promise to address your concerns as efficiently as possible, in a professional manner.
How to address your concerns with Metro Lifestyle Centre
There are a number of ways you can contact us:
- Call the Metro Lifestyle Centre on 012 643 1503
- Contact Metro Lifestyle Centre via e-mail on email@example.com
- Make contact in-store at your nearest Metro Lifestyle store
- Comment on our Facebook wall: ______________________________________________
- Most of our stores have dedicated customer service managers available to assist you with any queries or assistance you may need. If a customer service manager is not available ask for the store manager or assistant manager who can assist you.
You agree to indemnify, defend and hold harmless Metro Lifestyle Centre and our parent , subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, intern and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the right of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be served from these Terms of Service , such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed , to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services ( or any part thereof).
32. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communication and proposals, whether oral or written, between you and us ( including, but not limited to , any prior versions of the Terms of Service) .
Any ambiguities in the interpretation of these Terms and Service shall not be construed against the drafting party.
33. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
34. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.