Conditions of Use

TERMS AND CONDITIONS

1. Introduction

The House of Hearts online shop can be accessed at www.housofheart.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including handcrafted gifts, clothes, shoes and accessories by selected local and brands ("the products”) online and have them delivered door-to-door, or to your nearest post office.

Legally binding contract

All users and account holders, including those that buy from the site ("buyers") are bound by these terms and conditions ("T&Cs"). By registering, or using the site at all, you recognise that you've read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask House of Heart Emporium to explain the relevant clause to you before you accept the T&Cs by using or buying from the site.


With whom are you entering into a contract?

The site is owned and run by House of Heart Emporium, a Closed Corporation owned by Trogon Business Services CC, registration number 2000/004149/23, a company incorporated in the Republic of South Africa (herein after referred to as “House of Heart Emporium”).


Products and availability

Please note that the stock of all items on offer is limited. House of Heart Emporium will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that House of Heart Emporium is unable to fulfill any order at the advertised price because stock is sold out, House of Heart Emporium will inform you via email and you'll be entitled to a reimbursement for the Rand value you have paid for such product.

2. Buying products

  1. The site allows you, the user, to place electronic orders ("order") for one or more products on offer as long as such products are available and not sold out.
  2. A purchasing contract ("sale") between you and House of Heart Emporium only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart") AND your payment has been authorised by House of Heart Emporium (or has been received into House of Heart Emporium’s bank account).
  3. The above is dependent on the product being available.
  4. Products on House of Heart Emporium cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
  5. This means that House of Heart Emporium may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
  6. House of Heart Emporium cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
  7. A tax invoice will be emailed to the email address on your House of Heart Emporium profile. A delivery note will be included with your order.

3. Cancelling and ending orders

  1. House of Heart Emporium reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
  2. House of Heart Emporium will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 30-days of the order being delivered.

4. Fraud

  1. House of Heart Emporium reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
  2. House of Heart Emporium may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
  3. In the event of a fraudulent purchase being placed on House of Heart Emporium, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. House of Heart Emporium does not process refunds for orders suspected of fraud.
  4. House of Heart Emporium does not provide order details relating to orders suspected of fraud.
  5. The price of each product is given on the product information page (“the product page”) on the site. The product price displayed always includes VAT at 14%.



The Regular Retail Price

  1. The Regular Retail Price (“RRP”) is the standard price that House of Heart Emporium charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.
  2. When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
  3. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.



The Discount Price

  1. When House of Heart Emporium is having a sale, or is running a promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in red and the RRP will be shown alongside it – but will be crossed out.
  2. When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.


Pricing accuracy

  1. Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on House of Heart Emporium are correct at the time of your purchase. If, however, the product is offered at an mistaken price, House of Heart Emporium will not be obliged to supply the said product at the incorrect price.
  2. House of Heart Emporium will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.

6. Delivery fees

House of Heart Emporium has three delivery options

6.1 Collection by yourself

 You can collect your parcel yourself from House of Heart Emporium at Dunrobin Garden Centre in Pietermaritzburg or House of Heart Emporium Tweedie Junction in Howick.


6.2 Standard Delivery

  1. For orders of R500 or more, House of Heart Emporium delivers free of charge within South Africa, with either standard delivery, to the nearest post office.
  2. Any orders under R500, House of Heart Emporium charges a non-refundable R50 fee to deliver via the Post Office depending on where you’re located.
  3. Post office deliveries are sent via Speed Services to the relevant post office based on the delivery address. You will receive an email from House of Heart Emporium with the tracking number required in order to collect your parcel. The post office may send you a notification of the arrival of your parcel.
  4. Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, House of Heart Emporium will not be obliged to deliver products at an incorrect delivery fee. House of Heart Emporium will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.

6.3 Premium Delivery

  1. This is a premium service offered to customers in South Africa would like to select an overnight delivery.
  2. Opting for Premium delivery adds a surcharge delivery fee on top of the Standard delivery fee on orders. If the total basket value is greater than R500, only the Premium delivery charge will apply.
  3. Premium delivery is only available when paying with credit or debit card, or paying via instant EFT.
  4. Premium delivery is currently only available in South Africa.  The availability is displayed upon checkout, based on the delivery address and items being ordered.

7. Making a payment

You can pay House of Heart Emporium using your Visa or MasterCard credit or debit card, or via Electronic Funds `transfer (EFT) or using Zapper.

Paying by credit card

  1. House of Heart Emporium accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases.
  2. When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.
  3. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on House of Heart Emporium

Paying by EFT:

Instant EFT

Instant EFT payment is available to all Nedbank, Standard Bank, Capitec, FNB and Absa customers. These payments are processed immediately and provide a secure transfer for immediate payment.

1. How does it work?

  • Select your Bank
  • Login using your internet banking credentials
  • Upon successful payment your order status will be updated immediately.
  • There is no need to enter House of Heart Emporium’s banking details or order reference number
  • The automated process will navigate and populate the relevant fields on your behalf in the background
  • Select an account to pay from and enter a reference for your records
  • Your bank will send you an otp or mobile authentication to your mobile phone to verify the payment
  • Enter otp or accept the authentication message
  • Payment is complete


2. How long do you have to wait?

  • Your order status will be updated immediately
  • There is no need to send through a proof of payment
  • There is no need to wait for funds to reflect in the sellers account


3. Is it safe?

  • 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 the buyer and the seller
  • Your online banking login details are NOT stored



Manual EFT

  1. Please note, when selecting to pay by EFT, you have 24 hours post placing your order to make the payment.
  2. When making your payment, please be sure to use your order number as the beneficiary reference. This will ensure that House of Heart Emporium can process your order as quickly as possible.
  3. House of Heart Emporium will start processing your order as soon as your bank forwards the payment to House of Heart Emporium. Depending on the bank, it can take up to 3 days from the time you make the payment (which has to be done a maximum of 24 hours after placing the order) to when it appears in our bank account.
  4. The delivery lead time as specified on the site only starts once House of Heart Emporium has received the payment from your bank.



Paying by Zapper:

  1. Please note, when selecting to pay by Zapper, you have 24 hours after placing your order to make the payment.
  2. Once the payment is made and cleared, your order will be processed.
  3. If no payment is received after 24 hours, your order will be cancelled.


8. Delivery

Standard Delivery

  1. As buyer, you indicate where in South Africa you require delivery, as well as contact numbers and email address to be used in connection with delivery.
  2. Your parcel will be delivered to the address you specified in the checkout process.
  3. In the case of Post office delivery, your order will be delivered to the post-office nearest to your address within the postal code you selected.
  4. In the case of pick up point delivery, your order will be delivered to your selected pick up point.
  5. On inputting your address during checkout, the site will indicate to you whether your postal code qualifies for Standard delivery, the nearest post office or to a pick up point.
  6. If nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
  7. The courier will try once more (third attempt), and if at that time there is still no one to sign for the parcel, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
  8. Should a delivery fee have been charged on the order, this will not be reimbursed, given that the courier has attempted delivery on numerous occasions.
  9. In the case of post office delivery, if the parcel is not collected within 30 days of it being delivered to the post office, the parcel will be returned to our shop and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
  10. In the case of pick up point delivery, if the parcel is not collected within 8 calendar days of being delivered, the parcel will be returned to our shop and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
  11. Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa – for Standard delivery is 10 working days.
  12. As outlined above, all House of Heart Emporium standard deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.



Overnight and Courier Delivery

  1. This overnight service offered to customers of South Africa only.
  2. Overnight and Courier delivery is only available when paying with credit or debit card, or paying via instant EFT.
  3. Overnight and courier delivery is available on working days only (no weekends or public holidays), from 09h00 – 18h00 for home addresses and 09h00 – 17h00 for business addresses.
  4. The customer will receive a notification that the driver is en route. Should there be no one available to sign for the parcel, the driver will attempt to contact the customer telephonically, on the contact number supplied on the order. Should this fail, the parcel will be returned to our warehouse and the customer will be refunded the Rand value paid for the items in the order.
  5. If the customer is responsible for failed delivery (not available, incorrect address supplied, etc.) the delivery surcharge is non-refundable since delivery was attempted.
  6. Return collections cannot be scheduled, customers will need to make use of the return methods available for their applicable suburb and postal code i.e. posting the parcel back to P O Box 20371, Lynnfield Park, 3213.



Delivery completed

  1. A standard or premium delivery is considered complete as soon as the parcel is accepted and signed for either by the customer or by an individual on the customer’s behalf at the specified delivery address.
  2. In the case of post office or pick up point delivery, the delivery is considered complete when the parcel is successfully delivered by Speed Services to the post office associated with your delivery address, or to the applicable pick up point.
  3. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.
  4. Such complaints and claims must be brought to the attention of House of Heart Emporium by calling us at 082920787 , Monday to Friday, 09:00 to 17:00 and Saturdays, 09:00 to 13:00.



Lost parcels

  1. In the event that a parcel is declared missing, should stock be available a replacement order will be sent to the customer via the intended original delivery method.
  2. If stock is not available, the order (at Rand value paid) plus any relevant delivery fee will be refunded.
  3. House of Heart Emporium will contact the customer in both cases to advise possible delays and/or preferred refund method.

9. Defective items, returns and reimbursement

  1. If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it with packaging attached, and in same condition as you received it to House of Heart Emporium within 30 days of delivery, by the same delivery method which the parcel was received. If you are based in South Africa, you can either receive a House of Heart Emporium account credit or a refund, or have the product repaired or replaced, depending on the situation.
  2. In the case of a damaged or incorrect item having beend delivered, House of Heart Emporium will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
  3. For exchanges you need to contact the customer service team to ensure we reserve and confirm the availability of the size you are exchanging for.

 

 10. Sales records

Complete records of each transaction between you and House of Heart Emporium are kept on the site for 12 months after a particular purchase or related transaction. During this time, you'll be able to view and print out these records. After the 12-month period the responsibility of keeping Such record falls onto you.

11. Competitions & Promotions

House of Heart Emporium may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from third-party websites, in magazines and other media. Coupons can be used to secure a discount on the site as long as the coupon is valid. Given expiry dates cannot be moved.

In other words, every time we offer a promotion or discount, send you a voucher or run a competition, we are obliged by law to publish the terms and conditions on the House of Heart Emporium website, meaning right here. Please check these for details of exclusions, closing dates and refunds on returns.

Promotional coupons

  1. Promotional coupons are issued at House of Heart Emporium's discretion. Users don't have the right to promotional coupons and can't earn them.
  2. Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons e.g. not valid on items in OUTLET. The onus is on the shopper to check the full coupon T&Cs to ensure they understand the coupon’s applications and limitations.
  3. In general, unless otherwise specified on the coupon itself: a coupon is only valid for 30 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.
  4. Only one coupon can be used per shopping cart. Coupons are not transferrable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
  5. Creation of multiple House of Heart Emporium accounts, with different email addresses, in order to utilize a coupon on multiple occasions, is abuse of the benefit and House of Heart Emporium reserves the right to not release these orders should this be found to be the case.
  6. Should you wish to return an item you have purchased using a coupon:

    a. If you have redeemed a coupon against a purchase, and you'd like to return all items purchased, House of Heart Emporium will credit your account with the rand value of the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply.

    b. If you have used a coupon against a purchase and then return some of the products purchased, House of Heart Emporium will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant rand amount based on the items being returned.

    c. If you have used a coupon against a purchase and then return some of the products purchased, House of Heart Emporium will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, House of Heart Emporium reserves the right to deduct the value of the coupon off the refund for the returns, or, should you have credit in your House of Heart Emporium account, to debit the value of the coupon off your account balance.
  7. Order value must exceed R500 after discount for free delivery.