All references to “the Company“, “we“, “us” and “our” in these terms and conditions are deemed to refer to Rugalia Rugs (PTY) ltd, with registration number ****/******/**.
All references to “you” and “your” are deemed to refer to any user and/or visitor of www.rugalia.com (“Website“).
These terms and conditions (“Terms and Conditions“) govern 1) your use of the website and 2) your use of the forum.
Acceptance of Terms
The Company permits the use of this website subject to the Terms and Conditions (“Terms and Conditions“). By using this website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Use of the Website
You may only use the website if you are 18 years of age or older. If you are under 18, you may use the website only with the involvement of your parent or legal guardian.
You agree that you will not use any device, software or other instruments to interfere or attempt to interfere with the proper working of this website. In addition, you agree that you will not use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent from an authorized company representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this website).
You may not use the website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not display, publish, copy, print, post or otherwise use the website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorized Company representative.
Ownership and copyright
The contents of this website, including any information, software, icons, text, graphics, layouts, images, sound clips, trade names, logos, trademarks, and service marks are protected by law, including but not limited to copyright and trademark law, and are owned by or licensed to the Company.
No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact our Website Owner on e-mail firstname.lastname@example.org
Any person who accesses this Website or relies on this website or on the information contained in this website does so at his or her own risk.
While the company takes reasonable measures to ensure that the contents of this website are accurate and complete, the company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information on this website.
All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
The company does not accept any responsibility for any errors or omissions on this website.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, the company also makes no warranty or representation, whether expressed or implied, that the information or files available on this website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardize the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Linked third party websites
This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained therein.
We respect your privacy. Should you decide to make use of our website, the only personal information that we will require of you is the following –
Your name and surname;
Your email address;
Your physical address;
It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.
You may choose to provide additional personal information to us, in which event you agree 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.
The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent unless the use or disclosure is –
Required in order to comply with applicable law, an order of the court or legal process served on the Company; and/or
Disclosure is necessary to protect and defend the rights or property of the Company.
We will be entitled to disclose your personal information to those of our employees and/or third-party service providers who assist us to interact with you via our website or email and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
We will –
Treat your personal information as strictly confidential;
Take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
Upon your request, promptly return or destroy any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Limitation of liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Changes to these Terms and Conditions
The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Availability and termination
We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
Terms & Conditions of Sale
Payment options accepted
Payment may be made via Visa and MasterCard.
Electronic funds transfer
Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Rugalia shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
Card Acquiring and Security
Card transactions will be acquired for Rugalia via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Rugalia separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Rugalia takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Cancellations and Refunds
Our fabrics may include dye lot variances which need to be inspected prior to the processing of the fabric.
Our refund policy is subject to the Consumer Act as of March 2011. Within reason, a refund will be given under the following conditions:
Should the product be flawed without notification
If the product supplied is different from what was ordered
Should incorrect quantities be supplied
Please note that due to the nature of our business, the following conditions apply:
The fabric will not be accepted back if the quantity supplied does not correspond with the quantity returned. A refund will only be granted when there is reasonable cause. We have to keep ‘re-sale’ into consideration.
If the product chosen by you, is correct and without any flaws, “once it is cut, it’s yours” policy applies.
If for any reason the product has been altered/cut by you the customer, this will not be accepted back.
Should the product that you send back to us for a refund, not be in the same condition as when you purchased it. or if the parcel returned be of a different weight than the weight initially supplied to you.
Please note that in order for a refund to be granted, we would have to receive the goods back from you (the customer) as decisions like these cannot be made telephonically. Once we have received the goods, this will be inspected and an answer should be given to you as soon as possible.
Rugalia cannot always guarantee the availability of stock and will contact you immediately and offer an alternative product, should stock be unavailable.
If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered.
If any party (“Defaulting Party“) breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of a notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
any amounts that may be due to it in terms of this agreement; and
any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
Governing law and jurisdiction
The laws of the Republic of South Africa shall govern our relationship and/or any dispute arising from or in connection with these terms and conditions of sale. You agree to be subject to the exclusive jurisdiction of the South African courts.
The Company hereby selects Unit 34, Graphite Industrial Park, Fabriek Street, Strijdom Park, Randburg, Johannesburg, South Africa as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium“). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domiciliumto any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day, and
by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (“the grantor“) may show grant or allow to the other (“the grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.