INTRODUCTION
1.1 We are LIVIN Style Botswana (Pty) Ltd. Our Head Office’s physical address is Plot 51, Masetlheng Industrial, Tlokweng industrial, Gaborone, Botswana (24°40'33.5"S 25°58'21.2"E).
1.2 These Terms and Conditions shall apply to all orders concluded by or with LIVIN Style Botswana for the sale and/or supply of products in-store and on our online shop, livinstylebw.com (the “Website”). When you submit an order to LIVIN Style, give any delivery instruction or accept delivery of any products, this shall constitute your unqualified acceptance of these Terms and Conditions. However, nothing in these Terms and Conditions affects your statutory rights.
1.3Use of our online shop is also subject to additional Supply & Purchase Terms (found at livinstylebw.com/term-conditions), which must be specifically incorporated, insofar as they apply to online purchases.
HOW IS A CONTRACT FORMED
2.1 You may register an online profile on https://livinstylebw.com or use Guest checkout to place an order. To place an order with LIVIN Style you must be older than 18.
2.2 To register a profile, you must provide a unique username and password and provide certain information and personal details to LIVIN Style. You will need to use your unique username and password to access the Website in order to purchase products.
2.3 You may place an order for one or more products on offer as long as such products are available and not sold out.
2.4 A contract of sale between you and LIVIN Style only comes into effect once you have fully completed and submitted the online order form for the products in your shopping cart (“cart”) AND your payment has been authorised by LIVIN Style(or has been received into LIVIN Style's bank account). Our acceptance of your order will only take place once payment for your order has been received. We will send a confirmation email and/or SMS that your payment has been received. This communication will serve as our acceptance of your offer to purchase our product. Full payment of the price and delivery charges (where applicable) is required before products will be delivered or collected. The product remains the property of LIVIN Style until payment is received in full.
PRODUCT INFORMATION
All of LIVIN Style's products are advertised on the LIVIN Style Website (https://livinstylebw.com/). Details of all our products, such as availability, appear on the LIVIN Style's Website and can be confirmed by contacting LIVIN Style.
While every effort is made to ensure that the product you buy corresponds as closely as possible to the sample shown on our Website, slight differences may occur. We regret that no responsibility can be accepted for variations. Especially with our products with unique characteristics.
PRICE AND PAYMENT
3.1 The amount to be paid will be shown on the Website together with the charges you must pay including VAT, excluding the delivery fee. Unless otherwise stipulated on the Website, all charges are in the currency then in force in Botswana.
3.2 You shall pay for the product by one of the following payment methods, subject to LIVIN Style's discretion
3.2.1 Payment via credit card:
The transaction takes place within your bank’s secure environment and LIVIN Style won’t have access to any of your card details. You can rest assured that your card details will only be accessible to our PCI compliant payment service provider. When you return a purchase, the specified amount will be credited back to your credit card after it has been approved.
3.2.2 Payment via Instant EFT:
LIVIN Style accepts Instant EFT as a payment option and is available to ABSA, FNB, Standard Bank, Stanbic Bank and many more. These payments are processed immediately by your bank and provide a secure transfer for immediate payment. In the case of EFT payments, proof of payment must be forwarded to the relevant store. Please allow 3 business days for the receipt of EFT funds to be confirmed. Goods will only be released for collection or delivery once the receipt of funds has been confirmed. Your order status will be updated immediately. Instant EFT boasts the highest levels of security when paying online and your inline banking details are not stored.
3.3 You cannot reserve products by placing them in your cart for payment at a later stage. LIVIN Style may remove products from your cart if the product is no longer available.
3.4 Your order remains valid as an offer until we issue our Confirmation of Order email.
3.5 LIVIN Style shall not be obliged to supply the product to you unless We have accepted your order (by issuing a Confirmation of Payment email). Unless expressly stating that “We accept your order”, an email, SMS, letter 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 Product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies.
3.6 LIVIN Style will, at all times, do our utmost best to ensure that the price given to you is accurate, but the price of your order will need to be validated by LIVIN Style as part of our acceptance procedure. If the price for the order changes before we accept your order, We will contact you and ask you to confirm whether you wish to proceed at the amended price.
3.7 Please be aware that even though Instant EFTs offer some of the highest levels of security, risks do still exist when using Instant EFT as a payment option. LIVIN Style has taken all of the necessary precautions to minimise risk for you the customer, however there do exist fraudulent third parties who may intercept your payment and/or obtain your banking details, please ensure that you remain vigilant and confirm all the necessary details. LIVIN Style will not be liable for any fraudulent interceptions. If the purchase price is not paid to us due to interception by fraudulent parties we unfortunately will not proceed with the contract of sale.
3.8 Please retain your invoice as proof of purchase. Regrettably, no returns, exchanges or refunds will be considered without the original invoice.
CANCELLATION OF YOUR ORDER
5.1 LIVIN Style reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
5.2 LIVIN Style will be liable for reimbursing you the Pula value paid only if you have already paid for the cancelled order.
5.3 After delivery of the product, you may cancel the sale only in accordance with our Returns policy which can be found in our Terms & Conditions here
5.4 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 LIVIN Style, in whole or in part.
COLLECTION OR DELIVERY
Our delivery terms can be found in Delivery and Collection
RETURNS POLICY
For our Returns Policy, please refer to our Terms & Conditions
AMENDMENTS TO THESE TERMS AND CONDITIONS
LIVIN Style may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
DISCLAIMERS
9.1 LIVIN Style undertakes to ensure compliance with:
a)Provisions in the Consumer Protection Act 68 of 2008 in relation to any products sold by LIVIN Style to you via the Website; and
b)Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to LIVIN Style payment systems being sufficiently secure;
9.2 Neither LIVIN Style nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this LIVIN Style makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to contact-us@livinstylebw.com
9.3 Although products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
9.4 Any views or statements made or expressed on the Website are not necessarily the views of LIVIN Style, its directors, employees and/or agents.
9.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, LIVIN Style 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 risks.
9.6 LIVIN STYLE 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.
9.7 YOU HEREBY INDEMNIFY LIVIN STYLE 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.
DATA PROTECTION
Please see our Privacy Policy which forms part of these Terms and Conditions.
GENERAL
11.1 This Website is hosted, controlled and operated from the Republic of Botswana and therefore governed by Botswana law and, you (the customer) and LIVIN Style submit to the jurisdiction of the Botswana courts.
11.2 You (the customer) may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
11.3 Any failure on the part of you (the customer) or LIVIN Style to enforce any right in terms hereof shall not constitute a waiver of that right.
11.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
11.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
11.6 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.