GIAVA INTERIORS PTY LTD STANDARD TERMS & CONDITIONS - Last Updated: 21st February 2021

Welcome to Giava Interiors. Please note that your use of this website (info@giavainteriors.com) is governed by the Standard Terms and Conditions ("Terms") appearing herein.

The Terms shall apply to all contracts of sale of goods and/or supply of services by Giava Interiors and no terms or conditions appearing elsewhere, which are at variance with these conditions, shall be binding on Giava Interiors.

By ordering, purchasing, or receiving any products, goods or services from Giava Interiors, you irrevocably and immediately agree and bind yourself to the terms and conditions of sale and service, as disclosed hereunder.

These Terms are updated from time to time and are subject to change without notice. An up-to-date version of the Terms shall always be available on www.giavainteriors.com.

PRIVACY

Your personal information may be either collected by us or provided by you. Personal information includes any information by which you can be identified and which relates to you as an identifiable individual such as your name, physical and postal address and email address.

Before or at the time of collecting your personal information, we will identify the purpose(s) for which the information is being collected.

Unless we obtain your voluntary and informed consent thereto, or unless it is required or permitted by law, we undertake to not sell, distribute or disclose any personal information that you have disclosed to us. We will not disclose your personal information to anyone except as provided for in this policy.

We will only collect your personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

We will only retain your personal information as long as necessary for the fulfilment of those purposes as have been identified by us.

You may access and/or correct any of your personal information that we hold by sending an email to info@giavainteriors.com

Giava Interiors acknowledge that we are bound by applicable laws to keep personal information confidential and to protect such information, and we are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

The Privacy Policy also governs your visit to the Website and is incorporated by reference into these Terms. In the event of any conflict between the Privacy Policy and the Terms - and assuming that there isn't a way to read those documents in a way that is consistent – the Terms will take precedence.

Please refer to the full PRIVACY STATEMENT for more.

PAYMENT OPTIONS ACCEPTED

Payment may be made via Visa and MasterCard.

PAYMENT OPTIONS NOT ACCEPTED

American Express and Cash.

CARD ACQUIRING AND SECURITY

Card transactions for payment to Giava Interiors will be conducted via PayGate, PayFast, PayPal, PayFlex, Yoco and Ozow approved payment gateways for all reputable South African Banks. PayGate, PayFast, PayPal, PayFlex, Yoco and Ozow use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the Giava Interiors website. Users may go to www.paygate.co.za, www.payfast.co.za, www.paypal.com, www.yoco.com or www.ozow.com respectively to view their security certificate and security policy.

CUSTOMER DETAILS SEPARATE FROM CARD DETAILS

Customer details will be stored by Giava Interiors securely, and all customer payment and card details are stored on PayGate, PayFast, PayPal, PayFlex, Yoco and Ozow's secure sites. For more detail on PayGate or PayFast refer to www.paygate.co.za, www.payfast.co.za, www.paypal.com, www.yoco.com or www.ozow.com respectively.

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).

FIRST PARTY SECURITY PROVIDER

Giava Interiors is the direct first party service provider, responsible for provision of goods and services in a given transaction, including any sale of goods and services sold on this website, ancillary customer service and support, and associated dispute resolution.

COUNTRY OF DOMICILE

This website is governed by the laws of South Africa and Giava Interiors chooses as its domicilium citandi et executandi, for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 24 Arklow Road, Bryanston, South Africa, 2191.

REFUND & RETURN OF STOCK ITEMS

Giava Interiors has a cooling off period, during which you can return your stock item(s) for a full refund, within 7 (seven) days, should you be dissatisfied with your purchase.

To be eligible for a refund, your stock item(s) must be unused and in the same condition you received it, in its original packaging and accompanied by proof of purchase.

Stock items must be returned at your own cost within 2-5 business days of notifying us. The returned stock items will be inspected within 72 hours of arriving at our warehouse. Once we've determined that it meets the above stated criteria, our team will issue a refund to the value of the purchase price, less applicable delivery and/or collection fees.

Excluded goods include: Wallpaper, sale items, discontinued stock items and made-to-order goods (including custom orders or personalised items) cannot be cancelled or returned once the order has been placed.

RETURN OF DAMAGED GOODS

In the unlikely event of receiving defective or damaged goods, you must provide us with written notice and complete description of the defects within 48 hours at info@giavainteriors.com. It is our aim to ensure that your goods are repaired or replaced (at our discretion) timeously. While Giava Interiors retains the ultimate discretion on whether or not to repair or replace any goods, no requests will be entertained should written notice not be furnished within 48 hours of your receipt of the goods.

To the extent permitted by law, Giava Interiors has no liability in respect of claims where:

Defects arose directly or indirectly as a result of you failing to comply with generally accepted use, installation, operation, maintenance, repair, or storage conditions applicable to the product(s) or where such defects are directly attributable to your negligence;

Defects are present in any perishable or non-perishable goods, unless you inspect such goods at the time of delivery and notify Giava Interiors in writing, within 48 hours after delivery or collection.

REFUND OF UNAVAILABLE PRODUCTS

The provision of goods and services by Giava Interiors is subject to availability. In cases of unavailability, you will receive a full refund within 5 business days.

PRODUCT DESCRIPTIONS

Giava Interiors endeavours to be as accurate as possible in describing its products. However, we do not warrant that descriptions of stock items or other content on the website are accurate, complete, reliable, current or error-free. It is recorded that there is a degree of variability in the goods by their very nature, and as such Giava Interiors cannot warrant that they will be identical to each other or their description.

If a stock item is not as described, your sole remedy is to return the product in its unused condition, according to the guidelines outlined in the Returns Policy. Giava Interiors retains the discretion on whether to accept the requested return.

PRICING

Prices on the Website are subject to change without notification.

Except where noted otherwise, the Retail Price displayed for goods on the Website represents the price exclusive of VAT or any associated taxes and charges.

Despite our best efforts, items in our catalogue may be mispriced. If the correct price of an item sold by Giava Interiors is higher than our stated price (not applicable to sale items), we will, at our discretion, either contact you for instructions before shipping or cancel your order and refund you in full within 5 business days.

Quotations on special order goods are valid for a period of 10 (ten) days, from the date of issue.

CANCELLATION

All or any appointments for delivery and/or installation will be confirmed by the Parties at least 24 hours prior to delivery or commencement of installation, during office hours. In the event of cancellation of an appointment for delivery and/or installation, such cancellation must be done in writing by either party to the other party; and acceptance thereof confirmed in writing by the other party. Should you cancel the appointment and not inform Giava Interiors timeously, you will be liable for the call-out fee and staff wages, for the period of postponement of the cancellation.

SPECIAL ORDER AND HANDMADE GOODS & SERVICES

The average lead time for custom made orders is 3-6 weeks.

All handmade products are unique, with no two pieces being exactly the same. You may expect minor distinctions that will make your product purchase truly one of a kind. Some slight imperfections and subtle differences should not be the basis of rejects or returns. By ordering or purchasing a handmade product, you accept that there will be a variation from the image advertised.

In the unlikely event of there being an error on special order goods, Giava Interiors will rectify the snags or defects. You shall be obliged to notify Giava Interiors of any further snags or defects within a further 48 hours of Giava Interiors' attendance to the rectification, failing which you shall be deemed to have accepted the final goods and services in good order.

Giava Interiors will not accept any requests for returns/refunds of special order goods.

Where Giava Interiors renders services to you, including installation, construction, renovation, maintenance, repair, and interim operation of goods, Giava Interiors' obligations shall be limited to the following:

Installation and/or delivery of products will be conducted during normal office hours, except where arranged differently by express written agreement with Giava Interiors, in which event Giava Interiors reserves the right to charge increased rates for labour and parts where such is required urgently or outside of business days and/or hours from 09:00 to 17:00.

Giava Interiors shall attend to services and call-out to your premises when possible, but will not be obligated to do so under any circumstances. A consulting fee might be applicable depending on the requirements of the client request.

Giava Interiors shall endeavour to complete installation and/or delivery of products within a reasonable time, public holidays, weather conditions and delivery of supplies being considered, while having the final unilateral discretion to select the date and time in which the services will be rendered, while using its best endeavours to do so in accordance with your requirements.

Noise levels and other inconvenience and/or disruption shall be kept down to the minimum, to the extent possible, by Giava Interiors during installation and/or delivery of products.

Giava Interiors renders services that require a degree of discretion in the implementation thereof or in the specific goods to be provided to you. In the interests of execution of a final interior design plan, you grant Giava Interiors the right to substitute select services or products with replacement services or products of equal or greater value, at Giava Interiors' discretion. By accepting a quote, you thus accept that the final product or service may vary, to a reasonable degree, from that which was originally discussed or negotiated between the parties. Giava Interiors will have the final discretion on the execution of the services and selection of goods, which align with their vision of the final design provided, in accordance with the price and quality originally quoted.

Where Giava Interiors renders services to you, including installation, construction, renovation, maintenance, repair, and interim operation of goods, your obligations shall include the following:

Allow Giava Interiors unhindered, arranged access to the premises where the installation and/or delivery of products are to be done.

Make available electricity, water and ablutions, if necessary to Giava Interiors.

Tolerate an acceptable amount of noise, dust and/or other inconvenience during the installation and/or delivery of products.

Not interfere with the duties of Giava Interiors.

Secure the safety of pets during the installation and/or delivery of products and ensure that pets do not cause injury to Giava Interiors.

PAYMENT OF SPECIAL GOODS & SERVICES

Any order form reflecting your name as the entity from which the order emanates, will be deemed to constitute a valid order emanating from you, notwithstanding the fact that such an order may have been given or signed by a person not authorised by you.

To confirm an order, an 85% deposit payment is required, with the remaining balance due on or before the agreed delivery date, unless otherwise agreed in writing by Giava Interiors. Should you postpone the agreed delivery date, payment shall still fall due on the original date, and Giava Interiors shall not be required to make delivery/installation until such time as payment has been received in full.

Should you postpone the delivery/installation date, the balance of the order remains due and must be paid on or before the original delivery/installation date. In the event that you have caused the postponement, the ordered items will be placed in storage and you will be liable for payment of the storage fees before any goods are released. Note that Giava Interiors do not accept responsibility for loss or damages that may occur during storage of goods.

Payment shall be made to Giava Interiors by means of Electronic Funds Transfer (EFT) and will be considered made when the amounts reflect finally and unconditionally in the Giava Interiors bank account.

No payments by way of cash or any other negotiable instrument will be accepted by Giava Interiors unless, expressly agreed to by a Director of Giava Interiors.

Giava Interiors may impose a reasonable cancellation charge (which may be the entirety of the deposit) in the event of you cancelling the order.

Giava Interiors may utilise the deposit for the purchase of goods or materials, which are non-refundable, and you will have no claim for repayment of the deposit.

Notwithstanding the delivery of any goods, ownership thereof shall not pass until Giava Interiors has received payment of the full purchase price.

Should Giava Interiors not receive payment within thirty (30) days of the due date for payment for any goods purchased or services provided, you will incur interest on the outstanding amount at two percent (2%) per month calculated from the due date until payment (both dates inclusive), which interest shall be calculated daily and compounded monthly in arrears on the last day of each month.

Giava Interiors can, at its own discretion, be entitled to demand the return of possession of any of the goods that has not been paid for, in respect of overdue payments, to apply for the necessary relief.

Where you postpone the date of delivery of any goods or items, or where you fail to permit Giava Interiors the necessary access to deliver the goods, begin an installation or render the services, Giava Interiors reserves its right to charge a daily storage fee in respect of those goods/items which it retains in its possession until such time as payment has been received in full and delivery/installation completed.

Unless otherwise specified by Giava Interiors, it shall be presumed that any payments received from you are allocated to the payment of any interest accrued or legal costs incurred by Giava Interiors, whereafter to the oldest outstanding invoices and debts.

Notwithstanding any conditions contained herein, in the event of Giava Interiors granting credit terms to you, Giava Interiors reserves the right to withdraw such terms at its sole discretion, if it believes that your financial position has deteriorated after the date that the terms were granted.

Should you become subject to a Credit Event, the whole balance of any amounts outstanding by you to Giava Interiors whatsoever will immediately become due and payable, irrespective of any other agreements or orders to the contrary, and all outstanding work and obligations of Giava Interiors, in respect of which Giava Interiors was still to perform, shall be terminated with immediate effect and you shall have no claim in relation thereto.

You shall not, under any circumstances, be entitled to withhold or set-off payments to Giava Interiors. A certificate from a manager or director of Giava Interiors shall constitute prima facie proof of your indebtedness. Furthermore, it is recorded that Giava Interiors is obliged, by legislation, to comply with the requirements of the Trade and Metrology Act No 77 of 1973, and in accordance therewith, the quantity or weight of goods sold by Giava Interiors shall prima facie be presumed to be correct and accurate.

DISCOUNTS

Discounts or reduced charges are entirely at the discretion of Giava Interiors and are not binding on Giava Interiors. Each discount offered by Giava Interiors shall be considered an individual and singular transaction, and shall not constitute or form any practice common between the parties or on which you shall be entitled to rely.

Giava Interiors may agree to provide certain initial consultations, advice, or samples at a discounted or gratuitous preliminary rate or charge. If, however, you elect not to proceed with a final order for goods or services in respect of these preliminary goods or services, Giava Interiors shall be entitled to charge you and recover its reasonable costs and expenses as agreed to between Giava Interiors and you before design phase or failing such agreement, to be determined by Giava Interiors in its sole and absolute discretion in relation thereto.

IMPORTED PRODUCT ORDERS

Where the parties have agreed that Giava Interiors is to order goods or products which require importation from a country outside of South Africa for sale and delivery to you, you shall be liable for any increase in the cost of said goods in excess of 5% of the total gross purchase price (between the date of placement of the order and the date of delivery of the goods), insofar as such increase is caused by a fluctuation in the exchange rate between South African Rands and the currency of the country from which the goods are ordered.

Where Giava Interiors and Purchaser agree on the purchase price of specific goods in a currency other than South African Rands, Giava Interiors shall be entitled to elect to receive payment in South African Rands at date of invoice or in the foreign currency as originally agreed.

FRAUDULENT ACTIVITY

In the event of fraudulent activities whereby a change of banking details is advised on Giava Interiors' letterhead or by other means, you agree that any payment made to any other bank account shall not constitute a valid discharge of your obligation to make payment to Giava Interiors.

You shall be obliged to notify Giava Interiors of any receipt of a notification of change of banking details and shall only give effect thereto if same is confirmed both in writing and telephonically by a Director of Giava Interiors.

All losses suffered as a result of any amounts being paid by you, into any bank account other than the account of Giava Interiors, shall be borne solely by you.

DELIVERIES

We offer door-to-door delivery within Gauteng. For deliveries outside of Gauteng and international orders, we make use of third-party suppliers. No collections or deliveries to PO Boxes are permitted. For online orders, shipping costs across South Africa, taxes, and discount codes (where applicable) are calculated at checkout.

Giava Interiors shall deliver stock items and special goods to you at its own discretion and by the method and route it selects. Should you request any amendments to the delivery process, Giava Interiors has the discretion whether to proceed in accordance therewith and holds the right to levy you for any additional charges incurred.

Upon notice of delivery, you must ensure that the delivery address provided is prepared for the delivery and ready to receive the goods or services. Any delays, which may result from your failure to ensure that the site is prepared, will entitle Giava Interiors to charge you for the additional costs of labour, storage, or transportation.

Signature of the Giava Interiors Delivery Note, by either you or your representative, shall be regarded as acceptance that the goods and services reflected have been properly and completely received. No claim in respect of short deliveries will be entertained unless Giava Interiors is notified in writing of such short delivery on the Delivery Note and the document is returned to Giava Interiors at the time of delivery. Where you fail to acknowledge receipt of the delivery, any Delivery Note held by Giava Interiors, whether copy or original , signed by an unauthorised person or unsigned, shall be prima facie evidence that delivery was made to you and that you received the goods therein stated in good order.

Giava Interiors may deliver the goods ordered in portions or batches and you will be liable to make payment for the consignment or portion, as received from Giava Interiors, on the due date, irrespective of whether the balance of the original order has been received.

Delivery timeframes communicated by Giava Interiors are estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays, public holiday delays and forces of nature. To the extent permitted by law, Giava Interiors will thus incur no liability in respect of the non-delivery or late delivery of any goods or services ordered.

In the event that you are, irrespective of the aforementioned, able to prove Giava Interiors' liability in relation thereto, your damages, costs or losses shall be limited to a refund of any amounts paid in respect of the goods or services.

Risk in and to goods shall pass to you on delivery or installation. To the extent permitted by law, you shall have no claim for short or defective delivery, installation or collection unless you have specified on the Giava Interiors delivery note and/or invoice the details of the alleged short or defective delivery.

For trade and manual furniture orders outside of Gauteng, Giava Interiors will recommend third-party suppliers for delivery, which the client should contact directly. Giava Interiors is not responsible for liaising with third-party suppliers on behalf of the client and takes no responsibility for such arrangements.

You shall not be permitted or allow the goods or any portion thereof to become subject to any landlord's lien or hypothec until the price payable therefore has been settled in full. You shall be obliged to inform the landlord (of the premises at which the goods are stored from time to time, to the extent that such premises are not owned by you) in writing of Giava Interiors' ownership of the goods and provide Giava Interiors with an acknowledgement of receipt from the aforesaid landlord, confirming such notification.

Our online delivery charges do not apply to trade, as trade orders already benefit from discounted trade prices. Trade clients are welcome to use their own transport.

NOTE: This clause limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

WARRANTIES

Giava Interiors offers a 12 month warranty on defects in workmanship of furniture from the date of purchase, based on reasonable and intended use, provided such products were properly installed and were made or assembled exclusively by Giava Interiors.

Giava Interiors guarantees that the materials used in the production of furniture and furnishings are free of degradation, resulting from other than ordinary residential wear and tear, for 6 months from the date of purchase, based on reasonable use.

The workmanship and materials warranties exclude the following cases: (1) Custom handmade-to-order goods. (2) Any condition resulting from incorrect or inadequate maintenance, cleaning or care. (3) Any condition or damages resulting from accidents, alterations, misuse, negligence, exposure to the elements, excessive humidity or moisture, exposure to salt air, insects or pets, or failure to follow instruction with respect to measurement, installation, cleaning or maintenance. (4) Any condition resulting from other than ordinary residential wear or from any use for which the product was not designed. (5) The colour fastness, dye lot variations, wrinkling, or wear of fabrics or leather. (6) The softening of filling materials under normal use. (7) Slight warpage as well as natural variations in colour and grain effect, which is considered normal with a wood product. (8) Any transport, labour, measuring or installation charges.

Please note:

This warranty is not transferable and resale and/or transfer of any goods will void this warranty.

No verbal warranty claims can be entertained.

All warranty claims are to be made in writing and sent to info@giavainteriors.com, including proof of purchase, original order number and clear reference to the product on the order. A detailed description as well as clear photographs of the problem is required.

Giava Interiors reserves the right to inspect any warranty claim product at the point of delivery.

LIABILITY

Where Giava Interiors has agreed to attend to installation of goods or rendering of services at the premises selected by you, Giava Interiors will exercise its best endeavours not to cause any damage to you or your property, pets, visitors, employees, or any occupants of your property. In the event of any damage or loss suffered as a result thereof, Giava Interiors shall have no liability whatsoever.

To the extent permitted by law, Giava Interiors shall be exempted from and shall not be liable under any circumstances whatsoever for any indirect loss or damages of any nature (including, without limitation, consequential damages) or any loss of profit which you may suffer as a result of: a defect in the goods or services; the goods failure to perform to desired specifications; services failure to meet desired specifications; any breach by Giava Interiors of any of its obligations; or your dissatisfaction with the final presentation of the goods or services.

Should you suffer any direct loss or damages as a result of the negligence of Giava Interiors, or as a result of any defect in the goods or services, Giava Interiors shall have the right, in its sole discretion, to remedy such loss at its own cost and through the use of its own contractors, services and products, within a reasonable period of time of being notified of such loss or damages by yourself. Should you refuse Giava Interiors' offer to remedy such loss or damages, Giava Interiors shall be entirely resolved of liability and you shall have no claim against Giava Interiors in relation thereto.

FORCE MAJEURE

Giava Interiors shall in no event be held responsible for delay and/or non-provision of the Services or Products, or unavailability of www.giavainteriors.com for any reason whatsoever, including but not limited to events beyond the reasonable such as Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

ELECTRONIC COMMUNICATIONS

By using the Website or by sending us an email or WhatsApp, you consent to receive communications from Giava Interiors electronically.

In accordance, Giava Interiors may communicate with you by email, WhatsApp or by posting notices on this site.

You consent that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY

Giava Interiors has created, acquired or otherwise obtained rights in and to Intellectual Property relating to their business, services and products. The client shall not acquire any right, title and/or interest in or to such existing Intellectual Property.

Any Intellectual Property that may be created by either party, as a direct or indirect result of the services rendered by Giava Interiors to the client (including photographs of designs, installations and products), is the intellectual property of Giava Interiors and to the extent required the client hereby cedes, assigns and transfers and all rights in and to such Intellectual property to Giava Interiors, and agrees to do all things necessary to cede, assign and transfer all rights which may be created during the course and scope of the provision of services by Giava Interiors in future.

The client shall not be permitted to utilise the confidential information or Intellectual Property of Giava Interiors or any derivation of the aforementioned without the written consent of Giava Interiors.

COPYRIGHT

All content included in or made available through the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Giava Interiors or our content suppliers. This material is protected by South African and International copyright laws.

All the content included in or made available through the Website is the exclusive property of Giava Interiors and protected by South African and international copyright laws.

Giava Interiors respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@giavainteriors.com.

TRADEMARKS

"Giava Interiors" is a registered trademark and protected under applicable copyright, trademark and other proprietary rights laws.

The unauthorised copying, modification, use or publication of this mark is strictly prohibited.

OTHER INTELLECTUAL PROPERTY

Giava Interiors is the sole owner or lawful licensee of all the rights and interests of the website www.giavainteriors.com.

By using the Website you agree not to infringe any or all of the title, ownership and intellectual property rights of Giava Interiors.

You further indemnify Giava Interiors to the extent of any breach of intellectual property rights by or through your use of the Website.

Any intellectual property, of any kind, which is delivered, created, adapted, or developed during the course and scope of Giava Interiors rendering the services or providing the products shall be the sole and exclusive property of Giava Interiors, and Giava Interiors shall own and have all right and title in relation thereto. Under no circumstances is Giava Interiors deemed to have sold or otherwise disposed of any its intellectual property to you or any third party.

All rights not otherwise claimed under the Terms or by Giava Interiors are hereby reserved.

PROPER USE AND ACCESS

By using the Website, you agree that you will not engage in any activity, either directly or indirectly, which undermines the integrity of the computer systems, networks and/or other electronics of Giava Interiors and/or of other users of Giava Interiors.

You further agree that you will not gain and/or attempt to gain unauthorised and/or unlawful access to Giava Interiors' computer systems and networks and/or all data or information therein.

You agree to use Giava Interiors for your personal use only and shall in no event use any or all the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through Giava Interiors for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly.

Use of any content on the Website for purposes other than appearing in these Terms is prohibited, unless agreed to in writing by the owner of Giava Interiors.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account information and password on www.giavainteriors.com. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Adults can purchase products through the Website with a credit card or other permitted payment method.

If you are under 18, you may use Giava Interiors only with involvement of a parent or guardian.

Giava Interiors reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

Giava Interiors reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Giava Interiors a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant Giava Interiors and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so.

You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Giava Interiors for all claims resulting from content you supply.

Giava Interiors has the right, but not the obligation, to monitor and edit or remove any activity or content. Giava Interiors takes no responsibility and assumes no liability for any content posted by you or any third party.

INDEMNITY

You hereby agree to indemnify and save Giava Interiors, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such your use of Giava Interiors or Services (including, but not limited to the display of your information on the Website) or from your breach of any of the Terms.

You hereby further agree to indemnify and save Giava Interiors, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to information about such third parties and/or any of their goods and/or services.

You also agree that Giava Interiors is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you.

Giava Interiors reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Giava Interiors in asserting any available defences.

TAXES

Giava Interiors is a registered VAT vendor.

All products on the Website represent the full retail price excluding VAT unless specifically indicated otherwise.

APPLICABLE LAW

These Terms and our relationship and/or any dispute arising from or in connection with these Terms 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.

Rule of construction, in that: if there is ambiguity in the interpretation of this agreement, it shall not be ruled against the party responsible for the drafting of this agreement.

In the event of any dispute arising between you and Giava Interiors, either party shall be entitled to refer any dispute in relation to the subject matter of this Agreement to Arbitration as follows:

The Arbitration shall be held in the town/city of the principal place of business of Giava Interiors;

The Arbitration shall be held within 60 (sixty) days after it has been demanded;

The Arbitration shall be held before an arbitrator which has been mutually agreed upon between the parties, and failing agreement, the arbitrator shall be selected by the Association of Arbitrators;

The parties agree that the decision by the Arbitrator shall be final and binding on all parties and shall be made an order of court, of any court with a competent jurisdiction

The parties agree that the arbitrator shall be entitled to make an order as to the costs of the arbitration;

The rules of the Association of Arbitrators of Southern Africa (2018 Edition) will be applicable, unless specifically agreed otherwise between the parties in writing.

Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on the part of Giava Interiors shall not in any way operate as or be deemed to be a waiver by Giava Interiors of any rights hereunder, or be construed as a novation thereof.

Each clause of these Terms is severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause/clauses shall not affect the balance of these Terms, which shall remain of full force and effect.

These Terms together with Giava Interiors' official quote contains the entire agreement between the parties and any other terms thereof whether express or implied are excluded herein and any variations, cancellations or additions to this contract shall not be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives.

MISCELLANEOUS

In these Terms, where any provision is qualified by the words "to the extent permitted by law", Giava Interiors and the Purchaser agree that such provision shall only apply to the extent that the laws of the Republic of South Africa allow same to apply, on the basis that if Giava Interiors is precluded from applying –any such provision then the terms of such provision which Giava Interiors is precluded from applying shall not apply; or

the full terms of any provision, then such provision shall not apply and shall be severed from these Terms, and the remaining provisions hereof shall be of full force and effect.

Where this agreement refers to a matter being to the "satisfaction" of a party, this means to the satisfaction of that party in its absolute discretion.

A User must not assign or transfer any of its rights or obligations under this agreement, or attempt to do so, without the prior written consent of each of the other parties.

Giava Interiors is entitled to transfer any rights and obligations to any third parties at its sole and absolute discretion.

A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or any other right, power or remedy and failure by a party to exercise, or delay by a party in exercising a right, power or remedy does not prevent its exercise.

Where Giava Interiors incurs any legal costs enforcing its rights or claims against you, in terms hereof or otherwise, it shall be entitled to claim those costs from you or the attorney-and-client scale.

No term or condition of this agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this agreement or that provision.

Each provision of this agreement is individually severable.

If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this agreement in the relevant jurisdiction, but the rest of this agreement will not be affected.

The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

Waiver or relaxation of any right, power or remedy under this agreement must be in writing signed by the party granting it.

A waiver only affects the particular obligation or breach for which it is given.

It is not an implied waiver of any other obligation or breach or an implied waiver of that obligation or breach on any other occasion.

The fact that a party fails to do, or delays in doing, something the party is entitled to do under this agreement does not amount to a waiver.

You release Giava Interiors (and Giava Interiors' officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more Users, or an outside party.

To the extent permitted by law, Giava Interiors is permitted to revise these Terms at any time as it sees fit, without prior notice to a User, and any revisions will take effect when posted on the Website, unless a later date is stated in the revised Terms.

A User's continued use of the Website will be construed as a User's consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use.

A User's only remedy, should such User not agree to these amended Terms, is to stop the use of the Website.

Should either Giava Interiors or the User commit a breach of these Terms and fail to remedy such breach within 7 (seven) business days of receipt of written notice requiring the breach to be remedied, then the party giving notice shall be entitled, at its option, either to cancel these Terms and claim damages or alternatively to claim specific performance of all the defaulting party's obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

In the event of any dispute or difference arising between Giava Interiors and the User relating to or arising out of these Terms, including the implementation, execution, interpretation, rectification, termination or cancellation of these Terms, Giava Interiors and the User or any of their designated officials shall upon request by the other meet to attempt to settle such dispute or difference, and failing settlement within a period of 7 (seven) business days from such a request, the said dispute or difference shall on demand by either Giava Interiors or the User be submitted to arbitration in Johannesburg in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.

Giava Interiors and the User irrevocably agree that the decision in any arbitration proceedings: will be binding on both of them; will forthwith be carried into effect; may be made an order of any court of competent jurisdiction.

Nothing herein contained shall be deemed to prevent or prohibit either Giava Interiors or the User from applying to the appropriate court for urgent relief.

Survival Clauses which out of necessity or by implication herein survive termination of these Seller Terms of Service, shall remain in full and effect despite the termination hereof.

Giava Interiors and the User choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary in respect of these Terms as follows:

Giava Interiors, 24 Arklow Road, Bryanston, 2191.

User: the address provided when placing an order.

Any notice given in terms hereof shall be in writing and shall, if delivered via email, on the date of dispatch, if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery; and if delivered by an internationally recognised courier service, be deemed to have been received by the addressee 3 (three) business days after dispatch.

Notwithstanding anything to the contrary contained in these Terms, a written notice or communication actually received by a party from another shall be adequate written notice or communication to such party.

DISCLAIMER

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst Giava Interiors takes reasonable measures to ensure that the content on the Website is accurate and complete, Giava Interiors makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

If any such representations or warranties are made by Giava Interiors' representatives, Giava Interiors shall not be bound thereby.

Giava Interiors disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Any views or statements made or expressed on the Website are not necessarily the views of Giava Interiors, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms, Giava Interiors also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Giava Interiors, its employees, agents or authorised representatives.

Giava Interiors thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Giava Interiors is not responsible for any remarks, information or other content posted or made available on the Website by any User, even if such content is defamatory or otherwise legally actionable.

Giava Interiors is not responsible for and does not monitor or censor content for accuracy or reliability (although it reserves the right to remove any content at any time without giving any reason).

GLOSSARY

We've used a number of definitions in these Terms to make them easier to read. When any of the following terms are used in these Terms, unless it's very clear that the intention was different, they will have the following meanings:

"Terms" means the Standard Terms and Conditions as outlined in this document;

"Giava Interiors" means, Giava Interiors Pty Ltd, Registration Number: 2019/114099/07

"Purchaser" means any person who orders or purchases goods or services from Giava Interiors, and shall include its agents, employees, administrators, assigns, trustees, curators, representatives and executors;

"User" means any person who participates in the Giava Interiors Community;

"Giava Interiors Community" means you and anyone else who is eligible and agrees to be bound by these Terms & Conditions;

"The Parties" means Giava Interiors and the Purchaser

"Business Day" means any day in the Republic of South Africa, other than a Saturday, Sunday or public holiday;

"Account" means a User's account, as a customer, as the case may be, on www.giavainteriors.com, which is associated with a User's Profile, their communications using the Website and all transactions and interactions on the Website;

"Website" means all the pages available on www.giavainteriors.com;

"Manufacturer" means Giava Interiors' suppliers;

"Retail Price" means the price including VAT (but excluding delivery and/or installation) on www.giavainteriors.com;

"Goods/products" used interchangeably, and can refer to any items, goods, products, furniture, artworks, or construction materials including stock items and or special order goods;

"Stock items" means ready-made goods that are purchased directly from the Website and generally shipped within 2-5 business days.

"Special order goods" means products that are made to order (including custom orders or personalised items)

"Services" means any services provided by Giava Interiors as well as its independent subcontractors, with expertise in interior design, generation or adaption of interior design intellectual property, creation of designs or artwork, construction or renovation to movable or immovable property, or services in respect of acquisition, sale, or installation of goods.

"Credit Event", in respect of you the customer, when:

an order or declaration is made for your administration, custodianship, bankruptcy, liquidation, sequestration, winding-up, dissolution or placing under supervision for business rescue proceedings (and whether provisional or final);

you are unable (or admits inability) to pay your debts generally as they fall due or are otherwise insolvent;

you commit any act which, if such act was committed by an individual, would be an act of insolvency within the meaning of section 8 of the Insolvency Act No 24 of 1936 or any equivalent legislation in any jurisdiction to which such person is subject;

you cease to carry on business;

you fail to satisfy any judgment awarded against you within 5 (five) business days -you fail to pay Giava Interiors any amount owing to it.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@giavainteriors.com.