1. Detailed description of goods and/or services
Living Inspired Interiors PTY LTD is a business in the interior design industry that supplies curated interior design elements .
2. Delivery policy
Subject to availability and receipt of payment, requests will be processed within 6-8 weeks and delivery confirmed by way emails.
Courier costs and company will vary according to products purchased, and you as the user will be informed accordingly.
3. Export restriction (Optional)
The offering on this website is available to South African clients only, unless otherwise stated by prior arrangement.
4. Return and Refunds policy
The provision of goods and services by Living Inspired Interiors PTY LTD is subject to availability. In cases of unavailability, Living Inspired Interiors PTY LTD will refund the client.
in full within 30 days. Cancellation of orders by the client will attract a proportional administration fee calculated on a per-product basis.
Living Inspired Interiors PTY LTD shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal
information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
6. Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Living Inspired Interiors PTY LTD bank account, the details of which will be provided on request.
7. Card acquiring and security
Card transactions will be acquired for Living Inspired Interiors PTY LTD via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.paygate.co.za to view their security certificate and security policy.
8. Customer details separate from card details
Customer details will be stored by Living Inspired Interiors PTY LTD separately from card details which are entered by the client on DPO PayGate’s secure site.
For more detail on DPO PayGate refer to www.paygate.co.za.
9. 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).
Living Inspired Interiors PTY LTD takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.
11. Country of domicile
This website is governed by the laws of South Africa and Living Inspired Interiors PTY LTD 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, 273A Side Rd, Morningside, 2196.
Living Inspired Interiors PTY LTD may, in its sole discretion, change this agreement or any part thereof at any time without notice.
13. Company information
This website is run by Living Inspired Interiors PTY LTD (Tanya Solomon) based in South Africa trading as Living Inspired Interiors PTY LTD and with registration number 2021/434486/07
Director: Tanya Solomon
14. Living Inspired Interiors PTY LTD contact details
Company Physical Address: 273A Side Rd, Morningside, 2196
Email: firstname.lastname@example.org Telephone: +27 82 855 5885
This Website, Site, App or Web App including any online or native mobile application which contain a link to this Agreement (thereto referred to as, “the App”) is owned and operated by Living Inspired Interiors (Pty) Ltd, Registration number: 2021/434486/07 (thereto referred to as , “Living Inspired Interiors”, “We”, “Us”, or “Our”)
AMENDMENTS TO THESE TERMS AND CONDITIONS
We undertake to ensure compliance with the applicable legislation including the Consumer Protection Act, 2008 and the Electronic Communications and Transactions Act, 2002 the Consumer Protection Act 68 of 2008 in relation to any products sold by Us to You via the Site; and Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to Our payment systems being sufficiently secure. Neither Living Inspired Interiors nor any of its agents, representatives or employees shall be liable for any damage, loss or liability of any nature arising from the use or inability to use Our App or the Services or content provided from and through the App. Your use of the App and the data is thus at Your own risk. Furthermore, We make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this App is free from errors or omissions or that the service will be 100% uninterrupted and error free. Should You find errors or omissions please Contact Us to report such findings.
Any views or statements made or expressed on the App are not necessarily the views of Living Inspired Interiors, its directors, employees and/or agents.
Living Inspired Interiors 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 App or the content contained in the App, or Your inability to use the App, and/or unlawful activity on the App and/or any linked third party website.
You hereby indemnify Us against any loss, claim or damage which may be suffered by You or any third party arising in any way from Your use of the App and/or any linked third-party website.
You may not cede, assign or delegate Your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of Living Inspired Interiors to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions shall remain in full force and effect.
SERVICE RULES AND LIMITATIONS
You agree not to engage in any of the following prohibited activities in connection with the App: (i) copying, distributing, or disclosing any part of the App in any medium, (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App in a manner that sends more request messages to Our servers than a human can reasonably produce in the same period of time; (iii) transmitting unsolicited email; (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (iv) taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on Our infrastructure or that could impair the proper operation of the App; (v) uploading invalid or harmful data through the App; (vi) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, committing fraud, hiding or attempting to hide Your identity; (vii) bypassing any measures We may use to prevent or restrict access to the App, or (viii) decompiling or otherwise attempting to obtain the source code of the App.
The information (the “Content”) provided to You by Us in connection with the App is Our property and/or proprietary to Us. We hereby grant You a limited, non-exclusive, non-transferable, and non-sublicensable right and license, solely for Your personal and / or internal business use to use the App and the Services provided thereon. You may not duplicate, copy, resell, license, display, publish or otherwise redistribute any portion of the Content or create derivative works from any materials or content accessible on the App. Nothing contained herein shall be construed as conferring to You, by implication or otherwise, any license or right under any copyright, patent, trademark, or other proprietary right of ours. The Content may be provided to Us by third-parties, by governmental and/or regulatory agencies. And while We take commercially reasonable steps to verify the validity of such data, We make no representation or warranty with respect to the accuracy, currency or completeness of such third-party data. By using the App, you consent to us obtaining this information from third parties to the full extent permitted by law.
THIRD PARTY LINKS
Living Inspired Interiors and all their respective assets are either trademarks or registered trademarks of Living Inspired Interiors in South Africa. These assets may not be used in connection with any product or service that is not Living Inspired’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Living Inspired Interiors.
APPLICABLE LAW This App is hosted, controlled, and operated from the Republic of South Africa and is therefore governed by South African law. You submit to the jurisdiction of the relevant South African court to adjudicate any dispute that may arise. Prevailing South African law will govern these Conditions of Use and any dispute of any sort that might arise between the user and Living Inspired Interiors.
Any dispute relating in any way to Living Inspired Interiors or to products purchased shall be submitted to confidential arbitration by law. To the extent that You have in any manner violated or threatened to violate Living Inspired Interiors’s intellectual property rights, Living Inspired Interiors may seek other appropriate relief in the appropriate court within South Africa, and You consent to jurisdiction of such courts. The arbitrator, who shall be a member having at least 5 years of relevant experience of the Arbitration Foundation of South Africa, shall make a decision. The arbitrator’s award shall be binding and may be made an order of court. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement.
USER ELIGIBILITY; USER ACCOUNT; CONTACT INFORMATION.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
You may post reviews, comments, and other content and communications; 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 any third parties 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 e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Living Inspired Interiors reserves the right (but not the obligation) to remove or edit such content in its discretion. If You post content or submit material, and unless We indicate otherwise, You grant Us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Living Inspired Interiors has the right but not the obligation to monitor and edit or remove any activity or content. Living Inspired Interiors takes no responsibility and assumes no liability for any content posted by You or any third party.
The prices displayed on this site are quoted in South African Rands inclusive of Value Added Tax (“VAT”) and are valid and effective only in South Africa. Products and prices displayed on the App may vary from time to time and are subject to change and availability. Living Inspired Interiors shall take all reasonable efforts to accurately indicate prices displayed on products and shall in no way be held responsible for any errors or misstatements emanating from the App. Should products be erroneously offered at incorrect prices Living Inspired Interiors will not be obliged to sell products at such incorrect prices, but shall refund monies paid by the customer, should the customer not wish to proceed with the purchase at the correct price. Note: All discount offers exclude “Promo” or “Sale” Items, unless otherwise specified.
ORDERING PRODUCTS OR SERVICES
Detailed selected Products and Services will be available on the App, or if a custom order placed outside of the App, will be detailed in an order confirmation email.
In addition to selecting Products and/or Services, consent to several steps, including: (i) providing certain personal details, such as Your name, phone number, and address; (ii) providing payment information to Our third-party payment processor (the “Payment Processor”), such as a billing information for an account with a financial institution or a credit card that You provide (Your “Billing Account”) for the purpose of processing of any payments to Us that You authorize,; (iii) consenting to share certain personally identifiable information with third party websites, Services, or applications for the purposes of fulfilling the order.
Custom orders are made especially for You. Thus, Your confirmed order becomes binding as the production of custom orders to Your specifications (colour, size, material etc) begins immediately. Therefore, custom orders cannot be cancelled, changed, returned or refunded at any time and will be subject to Our Early Termination / Cancellation policy should You wish to cancel, change, return or refund at any time post a confirmed order. In the unlikely event of a defect or poor workmanship please see our Product Returns, Refunds and Exchanges Policy.
We shall not be obliged to supply the product to You unless We have accepted Your order (by issuing a Confirmation of receipt of Payment email). Unless expressly stating that We accept Your order, an email, letter, fax or other acknowledgement of Your Order by Us is purely for information purposes and does not constitute the confirmation of a contract of sale. In that acknowledgement, We may give You an order reference number and details of the Products You have ordered. We may in Our discretion refuse to accept an order from You for any reason, including unavailability of supplies.
We reserve the right, for purposes of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between You and Us, in whole or in part.
We make every effort to ensure that the information We provide is correct. However, We cannot be held responsible for any form of misprint or defect. Details of Your order should be checked and confirmed by You when Your order is placed (Living Inspired Interiors will not be held responsible for any incorrect orders placed).
COLOURS AND VARIATIONS
The colours of Our products shown on the App may look different on Your computer compared with the colour of the actual product. This is because different computers display colours differently depending on the type of screen (LCD, Plasma, Desktop, Laptop, Tablet, cell phone, mobile, computer screen etc.) as well as the variant in colour of the actual product under different lighting conditions or types of light (Incandescent bulbs, Halogen bulbs, Light emitting diodes (LEDs), Compact fluorescent lamps (CFLs), Linear fluorescent lamps, High intensity discharge (HID) bulbs, Sunlight, etc). Living Inspired Interiors cannot be held responsible for any mistakes in ordering Items whose actual colour is different from that appearing on the App as viewed on Your screen. Samples may be requested, however while every effort is made to ensure that the product You buy, including but not limited to, timber, fabric, stone, steel and leather products, corresponds as closely as possible to the sample shown on Our App or to a physical sample (if requested), slight differences may occur. We regret that no responsibility can be accepted for variations which add to the unique characteristics of Our products. Natural products due to the nature of the product may have natural markings, cracks and/or colour variations, these are characteristics of a natural product and not a sign of damage of defect. The dye lots may vary and colour variations may occur due to multiple hides required to make up some products, marks, tick bite scars, scratches, stretch marks and scuff marks may occur, these are characteristic of natural products and are therefore not defects. The colour, texture and composition of fabric may vary from that of the swatch or the products displayed in store or on Our website due to dye lot variations and upholstery processes.
FEES & CHARGES
The applicable fees and charges for the Products and Services are posted on the App during the Products ordering process.
BILLING AND PAYMENT
The terms of Your payment will be based on Your Billing Account and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Billing Account. If We, through the Payment Processor, do not receive payment from You, You agree to pay all amounts due on Your Account upon demand, subject to any Late Payment Fees (defined below).
DELIVERY AND PICK-UP
These delivery terms apply to deliveries within the borders of South Africa. Please see International Shipping policy for international orders.
We shall fulfil Your order via Our courier partners or Our delivery network. Within Gauteng, if delivery or collection by Our own delivery network, a flat fee shall be charged, unless the value is over the defined amount for free shipping, we reserve the right to change or update this value without prior notice.. Deliveries outside of Gauteng will be fulfilled by a courier partner and the delivery fee will be dependent on the area and quoted on per order.
Specific delivery times may not be able to be made or agreed to at the time of order. However, You will be contacted by Our delivery team at a minimum of 1 day before Your delivery to ensure availability and access. Should You wish to change any of Your delivery instructions, please discuss this with Your consultant.
On delivery, a one to three-person crew will arrive and deliver Your order to the room of Your choice, provided there is safe or acceptable access. It is Your responsibility to clear pathways and remove ornaments and other objects that might get in the way. We are not responsible for any form of breakage or damage on delivery. Packaging is normally removed and taken away unless You request Us not to do so. Products requiring assembly will be assembled on site by Our trained personnel. We are not responsible for removing Furniture, if there is Furniture which needs to be moved prior to Our Furniture arriving. Please ensure this has been handled by You. Should there be delays due to this, additional charges may be incurred and will be determined in Our sole and absolute discretion. Our delivery crews are instructed to not attempt delivery where damages may occur. Unfortunately, they cannot remove doors or windows, or reconnect electrical equipment. Dimensions of the product are available on the App, You must ensure that the place of delivery is accessible; that the product delivered can fit into lifts, staircases or through doors. No products will be hoisted over balconies or through windows. Should hoisting be required, the customer will arrange this at their own cost. The customer accepts the risk of all damages that may result due to this. The customer will be charged for additional delivery costs due to failed deliveries, access problems and/or failure to adhere to the appointment time for the delivery/collection.
Custom orders may take up to 8-12 weeks to be manufactured, upon which We will communicate and confirm a desired delivery date.
Reasonable endeavours will be made to deliver the product on the arranged time and date. We shall aim to let You know if We are unable to meet Our estimated delivery date, but, to the extent permitted by law, We shall not be liable to You for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
We will deliver the Products at the address specified by You and on the mutually agreed date confirmed via electronic communications or phone call. You grant Us permission to enter and access Your premises for the purposes of delivering and assembly and picking up the Products and will provide Us with all necessary or desired assistance in connection with such access. You, or an adult (at least 18 years of age) on Your behalf, must be present to sign for and acknowledge the delivery of any Products and the condition of such Products once it is assembled (if applicable) and placed in Your residence. This signature confirms that You have received Your Products delivery from Us, have inspected the Products and acknowledge that the condition of such Products upon delivery and assembly (if applicable) is acceptable to you. We will have no liability for damages resulting from any delay in delivery of the Products or as a result of or in connection with the delivery of such Products.
ADDITIONAL DELIVERY FEE
If, through no fault of Our own, an additional delivery must be arranged because the delivery cannot be made, due to an inability to contact You, gain access to the address specified by You, or if delivery is delayed through Your unreasonable refusal to accept delivery or if You do not accept delivery, then We may (without affecting any other right or remedy available to Us) do either or both of the following; charge You for Our reasonable storage fee, return fees and other costs reasonably incurred by Us, Charge an additional delivery fee which will be due and charged to Your Billing Account. Visit Our FAQ or refer to the Our Delivery Guide for more information.
DISCLAIMER OF GUARANTEE/WARRANTIES
In the unlikely event of a defect or poor workmanship We provide a guarantee (set out below). However, proof of purchase is required for the terms of the guarantee to apply.
The Guarantee will come into effect once validation on the default has been carried out. All valid claims are subject to Our discretion. A claim may be carried out either by request of photographs and description of the issue or on-site inspection. In the event that there is a default, We will provide free repair or replacement of any faulty component or full replacement of an item if repair is not an option in compliance with the applicable laws. We will only be liable to honour a guarantee if: The defect existed at the time of delivery and manifested during the warranty period; The defect did not arise due to normal wear and tear or misuse/abuse by You; The product concerned is used for the purpose intended and in a domestic environment. Guarantees will not apply to Items used for commercial purposes, unless agreed upon by Us and You in writing (waived by Us in writing) i.e. commercial use is not warranted ; You duly complied with the care instructions and maintenance; You provide the original invoice; The product is assembled by Us or by You in accordance with Our specifications.
NATURAL PRODUCTS POLICY:
• Guarantee for a period of 1 year from date of delivery/collection.Guarantees are in respect of frame and workmanship. Should the original product be altered in any way, or due to negligence the guarantee will be void.Please note: Natural products due to the nature of the product may have natural markings, cracks and/or colour variations, these are characteristics of a natural product and not a sign of damage of defect. Dye lots may vary resulting in slight colour variations. Scratch marks, stretch marks, brand marks, scuff marks and tick bite marks are characteristics of natural full-grain leather and are often visible. These are not defects but are considered to add character to the leather.Products may also vary to the images available online based on this nature and is not a sign of a defective product.Some products are not sealed and therefore care needs to be taken during day to day use.
• Guarantee for a period of 2 years from date of delivery/collection.Guarantees are in respect of the frame and craftsmanship. The guarantee does not extend to the fabric or leather used to furnish the product, as this is subject to wear and tear associated with use as usage and treatment in the customer’s environment and is beyond Our control.
• Guarantee for a period of 2 years from date of delivery/collection.Guarantees are in respect of the material defects, frame, and workmanship.Some products may have markings, scratches, holes, and/or dents, these are part of the characteristics of Our handmade Items and not a sign of a defective product.
ALL OTHER FURNITURE (EXCLUDING ACCESSORIES):
• Guarantee for a period of 1 year from date of delivery/collection.Guarantees are in respect of material defects or workmanship.
Guarantees do not apply to: Defects or damage arising from negligence, abuse or misuse, including (but not limited to) improper maintenance – referred to as ‘dressing’, exposure to water, direct sunlight, coastal air, chemicals, accidents, any use for which the product was not designed nor does it cover ordinary wear and tear; failure to comply with Our care instructions or specifications. Extreme use is considered damaged caused by more than normal wear and tear this includes: Solvent spills, Ink, Paint, Body fluids (human or animal), Improper cleaning techniques, Placing Furniture outdoors in direct sunlight or close proximity to an open heat source (heaters, fire places, barbeque stands), Sitting on arms and backs of the sofas.
CARE INSTRUCTIONS AND MAINTENANCE
Care instructions and maintenance advice regarding the use and application of products are provided for products.
Please read Our Care Instructions which are available on the App.
PRODUCT RETURNS, REFUNDS AND EXCHANGES
It is noted that all Products sold by Living Inspired Interiors are subject to stringent quality control standards of good quality, free of defects and in good working order and, durable and usable for a reasonable period of time.
Returns, Refunds and Exchange requests will be processed in the following circumstances (refunds or exchanges do not apply to any special-order/custom Products). In the unlikely event of a defect or poor workmanship We provide a guarantee). Should a customer not be satisfied with a product received within 7 days from date of receipt, such that the product does not comply with the purpose it was intended to be used, the product is unsuitable in terms of style or size, at Our discretion, We will endeavour to repair or replace the item in question. It is acknowledged (subject to Our Disclaimer) regarding Natural products and marking that this is not a defect or mark of poor workmanship, and that no responsibility can be accepted for variations which add to the unique characteristics of Our products.
Products will need to be unused and in the original condition (it is acknowledged that products are deemed to have been supplied in good condition as checked by the customer at the time of delivery or collection). Physically altered or partially disassembled stock may not be returned. For public health reasons, We cannot accept returns on bed linen or towels. The original invoice will be required as proof of purchase for all exchanges and returns. We regret no exchanges, returns or refunds without the original invoice. Once a return has been approved, the product may be exchanged for other Items or a credit note will be issued. Unfortunately, no refunds are given . If exchange or repair is not possible, a refund may be requested (within 6 months). Delivery charges will not be refunded. A 10% handling fee will be applicable. Furniture products returned will incur a 15% handling fee. A collection fee will be applicable and product exchanges requiring delivery will be made to the original delivery address. We reserve the right to cancel an order.
It is acknowledged that exchanges are subject to product availability at the time of the request for exchange. We will check the condition of products presented for exchange or return as in accordance with Our Delivery policy, as products are deemed to have been supplied in good condition as checked by the customer at the time of purchase, delivery or collection.
Any Product on Sale, or Item Purchased that is on display in Our showroom as viewed by the customer, is sold to the customer in the specific condition in which it is and the customer agrees to accept the relevant product in that condition and no exchanges, returns or refunds are given to these Products.
CONTACT AND COMMUNICATIONS
You agree that We, or Our authorized third party service providers on Our behalf, may contact You using any telephone number(s) or email addresses that You have provided to Us, or that You provide in the future, or that is obtained from another source. You further agree that if You gave Us contact information in Your application, or if You later provide or provided contact information, or if contact information for You is obtained from another source, We may contact You regarding Your account, notwithstanding the fact that there is a possibility that a third party may see the communication. You represent that any contact information You have provided or will provide is Your contact information. You may cancel this consent by providing Us with notice in writing. We reserve the right to access, read, preserve, record, and disclose any information or communications via phone, email, or text message as We reasonably believe is necessary to: satisfy any applicable law, enforce these Terms, , respond to user support requests; or protect Our, Our users’ or the public’s rights, Products or safety.
We use “cookies ” when You visit Our App. It is a technology that enables Us to operate an efficient service and track the patterns of behaviour of You to the Website. There are four main types of cookies – here’s how and why we use them; (i) Site functionality cookies – these cookies allow You to navigate the App and use Our features, such as “Add to Cart”; (ii) Site analytics cookies – these cookies allow Us to measure and analyse how You use the App, to improve both its functionality and Your shopping experience; (iii) Customer preference cookies – when You are browsing or shopping on the App these cookies will remember Your preferences (like Your language or location), so We can make Your shopping experience as seamless as possible, and more personal to You; (iv) Targeting or advertising cookies – these cookies are used to deliver marketing and advertising materials that are relevant to You. They also limit the number of times that You see an ad and help Us measure the effectiveness of Our marketing campaigns.
By using Our App, You agree to Us placing these sorts of cookies on Your device and accessing them when You visit the App in the future. If You want to delete any cookies that are already on Your device, the “help” section in Your browser should provide instructions on how to locate the file or directory that stores cookies. You may also be able to modify Your browser settings to require Your permission each time a site attempts to set a cookie. However, Our App relies on cookies to enable certain functionality. If You choose to disable cookies, some of the services available on Our App may not work properly.
Notwithstanding any other provision, we may also engage a third party service provider who may combine Your information with information from others; and may place or recognize a unique cookie on Your browser for the purpose of identifying users and delivering to them interest-based content and advertisements.