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INFORMATION

Terms & Conditions

 

            Terms of Service

 

YESTERDAY TODAY AND TOMORROW (YTT) DECOR PTY LTD ("YTT DECOR") website terms and conditions ("terms and conditions").

 

These terms and conditions are effective as of 29 September 2021  “effective date” read the website terms and conditions carefully before browsing the website.

 

A user's continued use of the website indicates that the user has both read and accepted the terms and conditions.A user cannot use the website if he/she does not accept the terms and conditions.All sections of the terms and conditions are applicable to the user.

 

Introduction

 

YTT DECOR's website https://yttdecor.co.za/ (“the Website”) is made available and owned by YTT DECOR PTY LTD (bearing registration number 2019/179216/07) (hereinafter referred to as "YTT DECOR","yttdecor.co.za","the Website", "we", “our" or "us"). Any reference to "YTT DECOR","yttdecor.co.za", "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and partners.

 

These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy apply to any User who makes use of the Services as made available to the User on the Website, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose,and which User shall carry the definition as set out in clause 2 below as the case may be,and governs the User's relationship with YTT DECOR. (hereinafter referred to as “User”, "you" or "your").  

 

Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

 

To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms.Should a User not agree to the terms contained herein,a User must immediately desist from using this Website.

 

Clause 1 Interpretation

 

  • "Clause" headings are for the convenience and are not to be used in its interpretation;unless the context indicates a contrary intention,an expression which denotes:any gender includes the other gender;a natural person includes a juristic person and vice versa;
  • "YTT DECOR" means YESTERDAY TODAY and TOMORROW DECOR PTY LTD (Registration Number:2019/179216/07),a private company duly registered and incorporated in accordance with the company laws of South Africa and carrying a business at 36 Sapphire Street,Farrarmere,Benoni,South Africa;
  • “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using the Services or has not yet registered as a User;
  • “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours;
  • “Cart” shall mean the User’s Cart on the Website in which it stores intended purchases prior to payment being made;
  • “Goods” shall mean the products and/or services as made available to a User for purchase on the Website;
  • "Party” or “Parties” means the User or YTT DECOR,or both, as the context implies;
  • “Personal Information” shall mean the Personal Information as required from the User in order to register for the Services;
  • “Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User;
  • "Privacy Policy" means the Privacy Policy which is to be read as if specifically incorporated herein,which may be found at: https://yttdecor.co.za/privacy;
  • “Services”means those services as provided by YTT DECOR to the User as set out in clause  Clause 3 below;
  • “Terms and Conditions” means these Terms of Service;
  • “User” means the Browser who completes the registration process on the Website in order to make use of the Services;
  • "Website" shall mean the website situated at https://yttdecor.co.za/ as owned,hosted and managed by YTT DECOR on which the Services are offered.
  • Words and expressions defined in any clause shall,for the purpose of that clause,bear the meaning assigned to such words and expressions in such case.
  • By entering into this Terms and Conditions,the User also agrees to be bound by the Privacy Policy.

 

Clause 2 Description of our services

 

YTT DECOR enables a User through its Website,to shop for and purchase an extensive range of Goods as appear on the Website.A User may become a subscriber,thereby allowing the User to sign up for making purchases of various products as provided on the website.

 

Clause 3 Registering as a User  

 

Only Users may order and purchase Goods through the Website.

In order to register as a User you will, through the Registration Process, be prompted to provide login details as well as submit certain Personal Information as contained in the Privacy Policy.  

The provisions pertaining to the processing of your Personal Information are set our more fully in our Privacy Policy.

Each time a User wishes to make use of the Services, the User shall be required to log into the Website using their login details.

A Browser shall,through the log in process on the Website(which shall include the provision of a unique username and password) be recognised as a User and be permitted to use the Services.

In the event of a User being of the view that their login details are being used by someone else, please contact us immediately at info@yttdecor.co.za  

 

Clause 4 Purchase of Goods

 

The Goods as selected by the User for purchase together with the individual price thereof shall be reflected in the User’s Cart.  The price of each of the Goods shall be as reflected on the Website, in South African Rands ,and the total of products shall be inclusive of VAT. 

The cost of delivery of the Goods shall also be included in the total comprising the User’s Cart.

 

Clause 5 Payment

 

All payment transactions are done through Electronic Transfer Fund (EFT).

 

Payment may be made by Electronic Funds Transfer (EFT) through the Mastercard/Visa
 

 

  • When making payment, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold release of the Goods until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation ,your order for the Goods will be cancelled.  
  • Electronic Funds Transfer (EFT) 
  • Proof of payment to be sent to info@yttdecor.co.za after making payment.

 

Customers can make EFT payment of the purchase price in respect of the products to our Banking Account below-

Bank Name: Standard Bank

Account Type: Current

Account Name: YTT DECOR PTY LTD

Account Number:1014 378 3694

Branch Code:3042

 

Goods will only be released for delivery once payment has been effected and payment is reflected into our banking account.

 

Clause 6 Delivery of Goods 

 

The Goods will be delivered to the User through the services of a courier of our selection: The Courier Guy (https://www.thecourierguy.co.za/)

 

  • The Goods will be delivered to the User at the address selected during the payment process.
  • The Goods will be delivered, where possible on a Business Day, but this will depend on the courier company.
  • Any additional charges that may be levied in respect of the delivery of the Goods or forced return of the Goods such as, but not limited to, custom blockage in respect of a User outside of the Republic of South Africa, will be for the User’s account.

 

We shall endeavour to have the Goods delivered to you within three to five working days of payment being received by us. However, we shall not be held liable for any late deliveries attended to.

Our obligation to provide the Goods to you is fulfilled upon delivery thereof.  

 

Clause 7 Warranties by the User

 

The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.  

The User further warrants that when registering on the Website it:

 

  • is not impersonating any person; and
  • is not violating any applicable law regarding use of personal or identification information.
  • Further and insofar as the registration process is concerned, the User warrants that the login details shall:
  • be used for personal use only; and
  • not be disclosed by a User to any third party.

 

For security purposes the User agrees to enter the correct login details whenever purchasing Goods, failing which access will be denied.

The User agrees that, once the correct login details relating to the User’s account have been entered, irrespective of whether the use of the log in details is unauthorised or fraudulent, the User will be liable for payment of any such goods purchased.  

 

Clause 8 Unauthorised use of the Website by the User

 

A User may not use the Website for any objectionable or unlawful purpose.

A User, apart from uploading Personal Information as required when completing the registration process may also after the purchase of Goods add a review or comment relating to the Goods purchased.

We reserve the right to remove any such review in the event that same is untrue, inflammatory or libellous.

A User undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques.

A User shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.

A User may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.

A User may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.

A User understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.

 

Clause 9 Warranties by YTT DECOR

 

We make no representation or warranty (express or implied) that the Website or Services will:

 

  • meet a User’s needs;
  • be accessible at all times;
  • be accurate, complete or current; or
  • be free from viruses.

 

Subject to any express terms,YTT DECOR makes no representation or warranty as to the volume or subject area of Services accessible through the Website.

Except for any express warranties in these Terms the Services are provided “as is”. YTT DECOR makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.

 

YTT DECOR does not warrant that the use of the Website will be uninterrupted or error free, nor do we warrant that we will review information for accuracy.

YTT DECOR shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.

 

Clause 10 Links to other Websites

 

The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.

 

Clause 11 Limitation of Liability and Indemnity

 

The Website shall be used entirely at a User’s own risk.

We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.

We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.

A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.

To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.

 

To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.

Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

 

Clause 12 Copyright

 

YTT DECOR and the contents of the Website are the property of  YTT DECOR, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

 

Except as stated in the Terms and Conditions, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

 

Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.

 

All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of YTT DECOR.

 

Clause 13 Intellectual Property

 

A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.

We own or are licensed to use all intellectual property on the Website.  A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

 

Clause 14 Breach

 

If the User commits a breach of the Terms and Conditions fails to remedy such breach within 7 (seven) 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 the Terms and Conditions and access to the Website  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.  

 

Clause 15 Dispute resolution

 

Any dispute which arises between the User and YTT DECOR in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.

If the dispute cannot be resolved in accordance with the foregoing ,the dispute shall be finally resolved in accordance with the rules of of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

The arbitration referred to shall be held –

 

  • at Gauteng or other venue agreed by the parties in writing;
  • in English; and
  • immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.
  • The Parties irrevocably agree that the decision in arbitration proceedings:  
  • shall be final and binding upon them;
  • shall be carried into effect;
  • may be made an order of any court of competent jurisdiction.

 

Clause 16 Confidentiality

 

Confidential Information means any documents or information created,received or obtained from YTT DECOR including the identity of a User which must remain strictly confidential.YTT DECOR will not disclose or make available,directly or indirectly,any User's Confidential Information,except where YTT DECOR  has the User's permission,where the confidential information is in the public domain (through no breach of the Terms and Conditions)

 

Clause 17 Protection of data

 

YTT DECOR makes all reasonable efforts to ensure security on its systems.However,it cannot guarantee that personal Information,alternatively any data uploaded onto the Website may not be accessed,disclosed,altered or destroyed by breach of YTT DECOR's administrative,managerial and technical safeguards. Therefore,YTT DECOR urges the User to take adequate precautions to protect the personal data and login details including never sharing the password with anyone.

 

Clause 18 Application of the Electronic Communications And Transactions Act 25 Of 2002("Ect Act")

 

Data Messages(as defined in the ECT Act) will be deemed to have been received by YTT DECOR if  and when YTT DECOR responds to Data Messages.Data Messages sent by YTT DECOR to a User will be deemed to have been received by the User,as the case may be ,in terms of the provisions specified in section 23(b) of the ECT Act.

 

Clause 19 Notices and domicilium

 

The Parties 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 of these Terms and Conditions, the following:

 

YTT DECOR PTY LTD: 36 Sapphire street, Ext 21 Farrarmere ,Benoni.

Email:   info@yttdecor.co.za or yttdecor@gmail.com

User: The address as provided when registering on the Website.

 

Both the Parties may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.

 

All notices to be given in terms of these Terms and Conditions will:

 

  • Be given in writing;
  • Be delivered or sent by email; and
  • Be presumed to have been received on the date of delivery.

 

Notwithstanding the above,any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received,notwithstanding that such notice has not been given in accordance with the provisions of this clause.

 

General

 

The Terms and Conditions constitute the entire between the Parties as to the subject matter hereof and no agreements,representations or warranties between the Parties regarding the subject matter hereof other than those set out herein,are binding on the Parties.Our failure to enforce any provision of the Terms and Conditions shall not constitute a waiver of such provision.Further,any consent to depart from the Terms and Conditions shall be ineffective unless it is confirmed in writing and signed by us.

 

Any present or future legislation which operates to vary an obligation or right,power or remedy of a person in connection with the Terms and Conditions is  excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.

 

The rights,powers and remedies provided to YTT DECOR in the Terms and Conditions are accumulative with and not exclusive of the rights,power or remedies provided by law independently of the Terms and Conditions.

 

The Terms and Conditions together with the other terms and legal documents situated on the website constitute the entire agreement in as far as the provision of the Service are concerned.The User acknowledges and agrees that it has not relied on any representative by YTT DECOR except those contained in the Terms and Conditions.

 

The laws of the Republic of South Africa shall apply to these Terms and Conditions.

Any claims,legal proceedings or litigation arising in connection with the Terms and Conditions shall be subjected solely to the jurisdiction of the courts of the Republic of South Africa.

 

YTT DECOR may assign or novate any of our rights or obligation under these Terms and Conditions without a User's consent.A User may not assign or novate any of his/her/its rights.

 

If any provision herein is held to be unenforceable,the remaining provisions shall remain in full force and effect.