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Terms & Conditions

Introduction

  1. This website can be accessed at www.cqlinen.com (“the Website“) and is made available by Classique Quilters, a limited liability private company incorporated in the Republic of South Africa and having its offices at 40 Karim Ln, Rossburgh, Durban, 4094(“the Company“, “we“, “us” and “our“).
  2. These Website Terms and Conditions (“Terms and Conditions“) govern the sale of Goods (as defined below) and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person (“you“; “your” or “user“) that accesses or uses this Website or registers as a user as contemplated below. By using this website, you acknowledge that you have read and understood these terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these terms. Online purchases from our website are subject to these terms.
  4. The Website enables you to shop online for bed linens and accessories. (“Goods“).

Changes to these terms and conditions

The Company may periodically and in its sole discretion. update or change the Terms and Conditions or any part thereof at any time without notice. You should check them from time to time, as your continued use of our website will mean you accept any updated or revised terms.

Important Notice

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”).
  2. Terms and Conditions contain provisions that appear in similar text and style to this clause and which:
  3. may limit the risk or liability of the Company or a third party; and/or
  4. may create risk or liability for the user; and/or
  5. may compel the user to indemnify the Company or a third party; and/or
    serves as an acknowledgement, by the user, of a fact.
  6. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  7. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask the Company to explain it to you before you accept the Terms and Conditions or continue using the Website.
  8. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or the Company in terms of the CPA.
  9. The Company permits the use of this Website subject to the 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

  1. You are welcome to browse or use our website for your own personal, commercial shopping and information purposes only.
  2. No other use is permitted without our prior written consent.
  3. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited.
  4. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these terms.
  5. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
  6. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

Ownership and copyright

  1. The contents of the Website, including any material, information, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content“) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of the Company, its advertisers and/or sponsors and/or is licensed to the Company.
  2. You will not acquire any right, title or interest in or to the Website or the Website Content.
  3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. Where any of the Website Content has been licensed to the Company or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Disclaimer

  1. 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.
  2. Whilst the Company takes reasonable measures to ensure that the content of the Website is 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 the Website or as to the accuracy, completeness or reliability of any information on the Website.
  3. The Company disclaims liability for any damage, loss or liability, 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.
  4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the 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.
  5. Any views or statements made or expressed on the Website are not necessarily the views of the Company, its directors, employees and/or agents.
    In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company 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 the Company, its employees, agents or authorised representatives. The Company thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Linked third party websites

  1. 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.
  2. Notwithstanding the fact that the 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 thereon.

Privacy policy

  1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
  2. Should you decide to purcahse as a user on the Website, we may require you to provide us with personal information which includes but is not limited to your –
    1. name and surname
    2. e-mail address;
    3. physical address;
    4. mobile number; and
  3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
  4. This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.
  5. 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.
  6. The purposes for which we will use your personal information are as follows:
    1. in relation to the sale and delivery of Goods;
    2. to contact you regarding current or new products or services (provided you have consented to receiving such marketing material);
    3. to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material); and
    4. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
  7. 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 –
    1. required in order to comply with applicable law, order of court or legal process served on the Company; and/or
    2. disclosure is necessary to protect and defend the rights or property of the Company.
  8. 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, for the sale of Goods or when delivering Goods to you, 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.
  9. We will –
    1. treat your personal information as strictly confidential;
    2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    3. provide you with access to your personal information to view and/or update personal details;
    4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
    5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
    6. upon your request, promptly return or destroy any and all of your personal information in our possession or control.
  10. 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.
  11. The Company undertakes never to sell or make your personal information available to any third party unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, the Company reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
  13. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than the Company, The Company shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Limitation of liability

  1. The Company cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of the Company, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@cqlinen.com
  2. The Company Shall Not Be Liable For Any Direct, Indirect, Incidental, Special Or Consequential Loss Or Damages Which Might Arise From Your Use Of, Or Reliance Upon, The Website Or The Content Contained In The Website; Or Your Inability To Use The Website, And/or Unlawful Activity On The Website And/or Any Linked Third Party Website.
  3. 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.

Availability and termination

  1. We will use reasonable endeavours 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.
  2. 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 other than for processing any orders made by you prior to such time and to the extent possible.
  3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

Terms and conditions of sale

  1. Users may place orders for Goods as long as the Goods are available and have not been sold out.
  2. An agreement of sale between you and the Company will come into effect upon completion of an online order summary on the Website, payment or payment authorisation being received by the Company to the satisfaction of the Company and by delivery of the Goods to you.
  3. You acknowledge that stock of all Goods on offer is limited. When Goods are no longer available the Company will notify you and you will be entitled to a refund of the amount paid by you for such Goods. Whilst the Company will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Goods when the Goods are available. Should the Goods no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you.

Payment

  1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology via Payfast, our secure online payment gateway.
  2. By submitting your order and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
  3. We also accept electronic funds transfer: if you pay via electronic funds transfer, payment must be made within 24 hrs of placing your order. The Company will not execute the order until receiving confirmation that payment has been received;
  4. Please note we do not accept cash deposits - any bank charges related to bank deposits will be liable for payment.

Errors

  1. We shall take all reasonable efforts to accurately reflect the Goods, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence) we shall not be liable to make good on a transaction based on any error apart from refunding any monies paid by you to the Company.

Electronic communications

  1. When you visit the Website or send emails to us, you consent to receiving communications from us electronically.

Cancellation and refund

  1. The Company will deliver the Goods to you as soon as reasonably possible, but no later than 14 (fourteen) days of receipt of your payment (“Delivery Period“). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to proceed with your order for the Goods or cancel your order. If you elect to cancel your order, we will reimburse you with the purchase price.
  2. The Company may, in its sole discretion, accept the cancellation of an order by you, on sufficient cause shown and on a case by case basis. In which event the provisions set out in this clause 16 in respect of refunds and returns will similarly apply.

Returns

  1. If, for any reason, you are not satisfied with your Goods, you have 14 days from the date that you purchased it to return it to CQLinen for a full refund, provided that it is unused, in its original packaging and in a resalable condition.  Simply enclose the original invoice and return your order in person or via courier to Classique Quilters 40 Karim Ln, Rossburgh, Durban, 4094.
  2. The customer is liable for all delivery/exchange fees for items incorrectly ordered (incorrect size, style or colour) or if the customer no longer requires the purchased items.
  3. CQlinen is liable for delivery/exchange fees for items incorrectly delivered, or items with manufacturing faults.
  4. If the product/s have been misused in any manner by you the customer, this is not seen as a manufacturing fault. Failing to adhere to the product/s washing care instructions is a form of misuse. 
  5. Should the customer require CQLinen to organise collection and delivery of the item/s to be returned, we are able to facilitate this. 
  6. All items returned will be inspected prior to any refund. Refunds will be processed within 7 working days.
  7. We ask that you would email us at info@cqlinen.com in advance before returning any items. Unfortunately original shipping charges are non-refundable and the cost of return shipping is not covered unless there is a manufacturing defect or  if incorrect items have been delivered as detailed above.
  8. By using our site, you agree to the terms of the above returns policy

Governing law and jurisdiction

  1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with 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.
  2. In the event of any dispute arising between you and the Company, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

General

  1. The Company may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders already made by you.
  2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions including this clause 20.4 will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  5. 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.

Content Errors

  1. We regret that no order will be accepted if we identify a material error in the description of any of our goods or their prices on our website. Packaging may vary from that shown on our website.

Colours

  1. We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device’s display of any colour will be accurate.

Pricing Policy

  1. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. A delivery fee will be charged for each order placed by you. Please visit Frequently Asked Questions (FAQs) to view the delivery fee applicable.

Delivery Policy

  1. CQLinen delivers from Monday to Friday during normal working hours. CQLinen does not deliver on public holidays or weekends. Deliveries usually take place with 3-5 working days after the funds have cleared in our account, depending on your location.
  2. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.
  3. 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.
  4. 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 effected at a later agreed time at no additional charge.
  5. Please arrange that you or your authorised 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 authorised representative to present a form of identification and sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt.
  6. We have outsourced all delivery and collection arrangements to DSV and The Courier Guy. 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. Subject to availability and receipt of payment, requests will be processed within 2 working days and order completion confirmed by way of email.

Delivery Times

  1. Our delivery times are within 3 – 5 working days for main city centres and within 7 working days for outlying areas. CQLinen aims to deliver on time as promised, however for reasons beyond our control we are unable to guarantee that all orders will be delivered within the stipulated time frame. If a customer places two orders within 3-5 working days of each other, the orders will be packed collectively and sent together as one shipment once both orders are complete.

 Confirmation email

  1. As soon as your order is dispatched from our warehouse, you will be sent an email to confirm that your package is on its way. If we are unable to meet the estimated delivery date we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. If you are unavailable to take delivery or collection, the courier company will contact you to make the necessary arrangements.
  2. Any delivery is subject to acts which is beyond the control of CQLinen due to force majeure including (but not limited to) inability to secure labour, power, internet services, GSM network connectivity, materials or supplies, or by any act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.

Merchant Outlet country and transaction currency

  1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

Responsibility

  1. CQLinen takes responsibility for the sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods. We do not take responsibility for payments processed by Payfast and credit card details used during this method.
  2. CQLinen takes no responsibility for the use of our products.