Lavish’d

GENERAL TERMS & CONDITIONS

1. Introduction

1.1. These Terms and Conditions (“terms”) govern your use of the Lavish’d website that can be accessed at www.Lavish’ d.com, related mobi-sites and software applications (the “Website”).

1.2. Please read these Terms carefully before continuing to use this site.

1.3. By using or continuing to use the website, you represent and warrant that you understand, agree to, and accept all terms of Service contained in these Terms. You must not use this website if you do not agree to these Terms.

1.4. These Terms apply to all users (“you”, “your”, or “user”) of the website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. The Terms are further applicable to any person that purchases products from Inter Table Top Company (Pty) Ltd trading as www.lavish’ d.com (“Lavish’d “, “we”, “us”, and “our”).

1.5. By using the website and by clicking on the “Register Now”,” Sign up”, or “I Accept” buttons on the website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.6. The Website enables you to shop online for an extensive range of goods, including cutlery, crockery, glassware, serveware, kitchenware and dinnerware (“Goods”).

1.7. These Terms and Conditions govern the ordering, Sale and delivery of Goods and the use of the website.

1.8. If there is any provision in these Terms that you do not understand, it is your responsibility to ask Lavish’d to explain it to you before you accept these Terms or continue using the website.

1.9. To the extent that anything in or associated with the website is in conflict or inconsistent with these Terms, these Terms shall prevail.

1.10. Lavish’d may amend these Terms from time to time. By accessing the website, you are bound to the Terms published on the website at the time of any visit to and/or usage of the website.

1.11. Lavish’d permits the use of this website subject to these Terms and Conditions. By using this website in any way, you shall be deemed to have unconditionally accepted all the Terms and Conditions.

1.12. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

1.13. 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 Lavish’d in terms of the CPA.

1.14. You understand that your information (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

1.15. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

  • may limit the risk or liability of Lavish’d; and/or
  • may create risk or liability for the User; and/or
  • may compel the User to indemnify Lavish’d; and/or
  • serves as an acknowledgement by the User, of a fact.


2. Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery and about returns (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means it forms part of these Terms and Conditions).

3. Registration as a user and use of the Lavish’d Website

3.1. You may only place an order with us once you have registered on the website and established a complete profile through which to place your orders.

3.2. To register as a user, you must provide a unique username and password and certain information and personal details to Lavish’d. You will need to use your username and password to access the website in order to purchase Goods.

3.3. You agree and warrant that your username and password shall be used for personal use only; and not be disclosed by you to any third party.

3.4. For security purposes, you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

3.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms.

3.6. You agree to notify Lavish’d immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3.7. 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 to be liable and responsible for you and all your obligations under these Terms.

3.8. 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).

3.9. You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

3.10. You may not in any way display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of an authorised Company representative.

4. Conclusion of Sales and availability of stock

4.1. Registered users may place orders for Goods, which Lavish’d may accept or reject. Whether or not Lavish’d accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price), and receipt of payment or payment authorisation by Lavish’d for the Goods.

4.2. Lavish’d will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of Sale between you and Lavish’d come into effect (the “Sale”). This is regardless of any communication from Lavish’d stating that your order or payment has been confirmed. Lavish’d will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

4.3. Orders may not be cancelled after receipt of payment of the Goods by Lavish’d. After the dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.

4.4. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Lavish’d liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

4.5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for Sale by Lavish’d, Lavish’d will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Lavish’d will notify you, and you will be entitled to a refund of the amount paid by you for such Goods.

5. Payment

5.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

5.2. Payment can be made for Goods via –

5.2.1. Visa, Mastercard, Diners or American Express Cards;

5.2.2. Debit card;

5.2.3. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases, we reserve the right to withhold delivery until such time as 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. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website;

5.2.4. Snapscan (subject to availability);

5.2.5. Zapper (subject to availability);

5.2.6. PayJustNow (subject to availability).

5.3. Card Transactions will be acquired for Lavish’d via Paygate (Pty), 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 THIS WEBSITE. Users may visit www.paygate.co.za to view their security certificate and security policy.

5.4. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ” ): Payment Assistance, which is incorporated by reference.

5.5. You may contact us via email at support@lavishd.com to obtain a full record of your payment.

5.6. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

5.7. South Africa is the merchant outlet country when presenting payment options to the cardholder. The transaction currency is the South African Rand (ZAR).

6. Delivery

6.1. Lavish’d offers one method of delivery of Goods to you: via courier.

6.2. Please see details of our delivery and shipping terms and conditions in our FAQ: Shipping Information, which is incorporated by reference.

6.3. Where it accepts your order, Lavish’d will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) 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 cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

7. Errors, Inaccuracies and Omissions

7.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the website. However, should there be any errors, inaccuracies or omissions of whatsoever nature on the website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

8. Vouchers, Coupons and Referral Bonuses

8.1. Lavish’d may, from time to time, make electronic gift vouchers (“Vouchers”) and electronic promotional coupons (“Coupons”) available for use on the website towards the Purchase of Lavish’d products. Lavish’d may also, from time to time, offer referral bonuses (in the form of a Coupon) to Users who refer the website to their friends and meet certain further requirements (“Referral Bonuses”). This is called “Refer your friends” on the website. Vouchers, Coupons and Referral Bonuses can only be redeemed while they are valid, and their expiry dates cannot be extended. More specifically:

8.2. Please refer to the Lavish’d Coins Policy for further information on Lavish’d Coins.

8.3. Vouchers

8.3.1. Vouchers are valid for 2 years after Sale. If your Voucher has not been used within that period, it will expire.

8.3.2. Vouchers cannot be used to buy other Vouchers or Coupons and are not transferable: they are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased.

8.3.3. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

8.4. Coupons

8.4.1. Coupons are issued electronically at Lavish’d’s sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

8.4.2. As a general rule, and unless specified otherwise on the specific Coupon itself:

8.4.2.1. a Coupon can only be used once, with promotional offers on the website;

8.4.2.2. only one Coupon can be used per person unless Lavish’d specifies otherwise; and

8.4.2.3. the value of the Coupon will be set off against the value of your shopping basket, and the balance remaining, if any, will be payable by you.

8.4.3. Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.

8.4.4. If Lavish’d is running a special on the website where a discount is automatically applied upon checkout, and you try to redeem a Coupon as well, the website will automatically apply the promotion of greater value or benefit to you.

8.5. Coupons may be subject to a minimum order value, meaning that the discount will only apply to the order if the order is above a certain value.

8.6. Referral Rewards Program

8.6.1. Users must be a valid Lavish’d account holder;

8.6.2. The Lavish’d Referral Rewards Program (“The Program”) allows users to earn promotional coupons or purchase credits (“Purchase Credits”) towards future purchases by referring friends to become new users on Lavish’d.

8.6.3. Users can earn Purchase Credits if: (i) a referred friend clicks on their referral link to create a valid Lavish’d account that complies with our Terms of Service; and (ii) the referred friend completes a Qualifying Purchase (as defined below).

8.6.4. The referring User will receive Purchase Credits for the amount(s) specified for each in the referral invitation or accompanying promotional materials after the completion of the referred friend’s Qualifying Purchase. If the referred friend completes a Qualifying Purchase, the referring User will receive the Purchase Credit amount specified for the Qualifying Purchase, if any.

8.6.5. The maximum Purchase Credit that can be earned per User for a referral will be R 2,500 (five thousand Rand) total in respect of a Qualifying Purchase made by referred friends unless indicated otherwise in the referral invitation or accompanying promotional materials.

8.6.6. Please note that a referring User can only use their Purchase Credits 30 days after the Qualifying Purchase. This is to prevent the misuse of the Referral Rewards Program.

8.6.7. If your Purchase Credits are insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

8.7. Qualifying Purchase

8.7.1. A Qualifying Purchase must have the minimum total value indicated in the referral invitation, accompanying promotional materials, Lavish’d website, or Lavish’d mobile application for that type of Purchase. Note that this total value may change based on currency fluctuations. The Qualifying Purchase must be paid for via the Lavish’d platform, and the referred friend must complete the Purchase before the referring User can receive a Purchase Credit. If the referred friend returns the Qualifying Purchase as per the Return Policy, it will not be considered a Qualifying Purchase, and therefore no credit will be earned.

8.7.2. Purchase Credits may only be redeemed via the Lavish’d Platform. Once earned, Credits will appear as Purchase Credit on the referring User’s checkout page, but you may need to enter a code at checkout to redeem the Purchase Credit. Purchase Credits must be used within one year from the date they are issued, after which they will expire. Purchase Credits are coupons issued for promotional purposes; they have no cash value and may not be transferred or exchanged for cash.

8.7.3. Purchase Credits may not be earned by creating multiple Lavish’d Accounts. Purchase Credits accrued in separate Lavish’d accounts may not be combined into one Lavish’d account.

8.7.4. If, for any reason, you believe that there is a discrepancy regarding your balance of Purchase Credits, please contact us. Lavish’d may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Lavish’d’s sole discretion.

8.7.5. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Purchase Credits. Where applicable, Lavish’d may be required to account for VAT on any services for which the Purchase Credits are redeemed.

8.8. Sharing Referral Links

8.8.1. Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or blogs. Users are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Users are prohibited from paying to advertise their referral links.

8.8.2. Users may not sign up for a Lavish’d account on behalf of a friend, nor may Users sign up using a friends’ email addresses. Each User who signs up as a member must sign up as him- or herself with full knowledge that he/she is creating an account;

8.8.2.1. Users may not use someone else’s account in order to purchase Goods from the website; and

8.8.2.2. by providing us with a friends’ contact information, Users warrant that they are authorised to share that information with us.

8.9. Referred Friends

8.9.1. Referred friends who have signed up using a valid referral link will also receive Purchase Credit in the form of a coupon or coupons in the amount(s) indicated in the referral invitation or accompanying promotional materials that can be used on their next Qualifying Purchase on Lavish’d. Coupon codes that are not automatically applied must be entered during checkout. Coupon codes may not be transferred to another person, exchanged for cash, or combined with other Lavish’d referral programs or incentives. Each coupon code may only be used on www.lavish’ d.com in conjunction with a Qualifying Purchase that meets the minimum total value indicated in the referral invitation, accompanying promotional materials, Lavish’d website, or Lavish’d mobile application.

8.9.2. Coupon codes expire one year from when you sign up for a Lavish’d account. Lavish’d reserves the right to any remedy, including cancellation of your account or Purchase, if fraud, tampering, violations of these terms or Lavish’d’s Payments Terms, or technical errors are suspected. If your Purchase later qualifies for a refund, the maximum refund you may receive is the amount you actually paid.

8.10. Multiple Referrals

8.10.1. A referred friend may only use one referral link. If a referred friend receives referral links from multiple Users, only the User associated with the referral link actually used by the referred friend will receive Purchase Credit. The Program may not be combined with other Lavish’d referral programs or incentives.

8.11. Termination and Changes

8.11.1. Lavish’d may suspend or terminate the Program or a user’s ability to participate in it at any time for any reason.

8.11.2. Any abuse or attempted abuse of the Program in contravention of these Terms and Conditions may amount to theft and will be dealt with harshly.

8.11.3. We reserve the right to suspend accounts or remove Purchase Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of the Payments Terms.

8.11.4. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.

8.11.5. The scope, variety, and type of services and products that you may obtain by redeeming Purchase Credits can change at any time.

8.12. Updates to the Referral Rewards Program Terms

8.12.1. We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Lavish’d website, applications, or services, which are effective upon posting. Continued participation in the Program after any modification shall constitute consent to such modification.

9. Site Promotions

9.1.1. From time to time, Lavish’d will run promotions. These promotions will either be on selected products or site-wide. For each promotion, there will be specific terms and conditions. Promotions may require the customer to apply the stated promo code to their cart during the checkout process.

9.1.2. Promo-code discounts, even if site-wide, will only apply to physical products. No promo-code discount will be applied to gift vouchers/cards.

10. General

10.1. Lavish’d 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 then already made by you.

10.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.

10.3. Any failure on the part of you or Lavish’d to enforce any right in terms hereof shall not constitute a waiver of that right.

10.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

10.5. No variation, addition, deletion, or agreed cancellation of the Terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

10.6. 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.

10.7. These Terms contain the whole agreement between you and Lavish’d, and no other warranty or undertaking is valid, unless contained in this document between the parties.

11. Changes to these terms and conditions

11.1. Lavish’d may, in its sole discretion, change any of these Terms at any time. You are responsible for regularly checking these Terms and ensuring 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.

11.2. Any such change will only apply to your use of this website after the change is displayed on the website. If you use the website after such amended Terms have been displayed on the website, you will be deemed to have accepted such changes.

12. Electronic communications

When you visit the website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.

13. Ownership and copyright

13.1. The contents of the website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, 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 Lavish’d, its advertisers and/or sponsors and/or is licensed to Lavish’d.

13.2. You will not acquire any right, title or interest in or to the Website or the Website Content.

13.3. 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.

13.4. Where any of the Website Content has been licensed to Lavish’d 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.

14. Disclaimer

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

14.2. Whilst Lavish’d takes reasonable measures to ensure that the content of the website is accurate and complete, Lavish’d 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.

14.3. Lavish’d 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.

14.4. 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.

14.5. Any views or statements made or expressed on the website are not necessarily the views of Lavish’d, its directors, employees and/or agents.

14.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Lavish’d 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 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 wilful misconduct of Lavish’d, its employees, agents or authorised representatives. Lavish’d thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the website.

15. Linked third-party websites

15.1. This Website may contain links or references to other websites (“Third-Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites, and Lavish’d is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

15.2. 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.

16. Limitation of liability

16.1. Lavish’d 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 wilful misconduct of Lavish’d, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to support@lavishd.com.

16.2. LAVISH’D 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.

16.3. YOU HEREBY INDEMNIFY LAVISH’D 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.

17. Availability and termination

17.1. 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.

17.2. Lavish’d may, in its sole discretion, terminate, suspend and modify this website, with or without notice to you. You agree that Lavish’d 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.

17.3. 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.

18. Governing law and jurisdiction

18.1. 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.

18.2. In the event of any dispute arising between you and Lavish’d, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (North Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

18.3. 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.

19. Notices

19.1. Lavish’d hereby selects 34 Brunton Street, Foundersview, Johannesburg, 1609, as its address for the Service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Lavish’d may change this address from time to time by updating these Terms and Conditions.

19.2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Lavish’d not less than 7 days’ notice in writing.

19.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

19.3.1. by hand will be deemed to have been received on the date of delivery;

19.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

19.3.3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

20. Company information

20.1. This website is run by Inter Table Top Company (Pty) Ltd, a private company registered in South Africa with registration number 1999/020201/07.

20.2. Access to the services, content, software and content downloads available from the site are classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore, Users have the rights detailed in Chapter 7 of the ECT Act, and the following information is required to be disclosed:-

20.3. The full name and legal status of the website owner is Inter Table Top Company (Pty) Ltd

20.4. Inter Table Top Company’s physical address and telephone number:

34 Brunton Street, Foundersview, Johannesburg, 1609, +27 (0)11 609 8303

20.5. Inter Table Top Company’s email address is support@lavishd.com

  • 20.6. Inter Table Top Company’s registration number is 1999/020201/07, and it was registered in South Africa.

GENERAL TERMS & CONDITIONS

1. Introduction

1.1. These Terms and Conditions (“terms”) govern your use of the Lavish’d website that can be accessed at www.Lavish’ d.com, related mobi-sites and software applications (the “Website”).

1.2. Please read these Terms carefully before continuing to use this site.

1.3. By using or continuing to use the website, you represent and warrant that you understand, agree to, and accept all terms of Service contained in these Terms. You must not use this website if you do not agree to these Terms.

1.4. These Terms apply to all users (“you”, “your”, or “user”) of the website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. The Terms are further applicable to any person that purchases products from Inter Table Top Company (Pty) Ltd trading as www.lavish’ d.com (“Lavish’d “, “we”, “us”, and “our”).

1.5. By using the website and by clicking on the “Register Now”,” Sign up”, or “I Accept” buttons on the website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.6. The Website enables you to shop online for an extensive range of goods, including cutlery, crockery, glassware, serveware, kitchenware and dinnerware (“Goods”).

1.7. These Terms and Conditions govern the ordering, Sale and delivery of Goods and the use of the website.

1.8. If there is any provision in these Terms that you do not understand, it is your responsibility to ask Lavish’d to explain it to you before you accept these Terms or continue using the website.

1.9. To the extent that anything in or associated with the website is in conflict or inconsistent with these Terms, these Terms shall prevail.

1.10. Lavish’d may amend these Terms from time to time. By accessing the website, you are bound to the Terms published on the website at the time of any visit to and/or usage of the website.

1.11. Lavish’d permits the use of this website subject to these Terms and Conditions. By using this website in any way, you shall be deemed to have unconditionally accepted all the Terms and Conditions.

1.12. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

1.13. 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 Lavish’d in terms of the CPA.

1.14. You understand that your information (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

1.15. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

  • may limit the risk or liability of Lavish’d; and/or
  • may create risk or liability for the User; and/or
  • may compel the User to indemnify Lavish’d; and/or
  • serves as an acknowledgement by the User, of a fact.


2. Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery and about returns (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means it forms part of these Terms and Conditions).

3. Registration as a user and use of the Lavish’d Website

3.1. You may only place an order with us once you have registered on the website and established a complete profile through which to place your orders.

3.2. To register as a user, you must provide a unique username and password and certain information and personal details to Lavish’d. You will need to use your username and password to access the website in order to purchase Goods.

3.3. You agree and warrant that your username and password shall be used for personal use only; and not be disclosed by you to any third party.

3.4. For security purposes, you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

3.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms.

3.6. You agree to notify Lavish’d immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3.7. 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 to be liable and responsible for you and all your obligations under these Terms.

3.8. 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).

3.9. You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

3.10. You may not in any way display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of an authorised Company representative.

4. Conclusion of Sales and availability of stock

4.1. Registered users may place orders for Goods, which Lavish’d may accept or reject. Whether or not Lavish’d accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price), and receipt of payment or payment authorisation by Lavish’d for the Goods.

4.2. Lavish’d will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of Sale between you and Lavish’d come into effect (the “Sale”). This is regardless of any communication from Lavish’d stating that your order or payment has been confirmed. Lavish’d will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

4.3. Orders may not be cancelled after receipt of payment of the Goods by Lavish’d. After the dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.

4.4. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Lavish’d liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

4.5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for Sale by Lavish’d, Lavish’d will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Lavish’d will notify you, and you will be entitled to a refund of the amount paid by you for such Goods.

5. Payment

5.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

5.2. Payment can be made for Goods via –

5.2.1. Visa, Mastercard, Diners or American Express Cards;

5.2.2. Debit card;

5.2.3. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases, we reserve the right to withhold delivery until such time as 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. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website;

5.2.4. Snapscan (subject to availability);

5.2.5. Zapper (subject to availability);

5.2.6. PayJustNow (subject to availability).

5.3. Card Transactions will be acquired for Lavish’d via Paygate (Pty), 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 THIS WEBSITE. Users may visit www.paygate.co.za to view their security certificate and security policy.

5.4. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ” ): Payment Assistance, which is incorporated by reference.

5.5. You may contact us via email at support@lavishd.com to obtain a full record of your payment.

5.6. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

5.7. South Africa is the merchant outlet country when presenting payment options to the cardholder. The transaction currency is the South African Rand (ZAR).

6. Delivery

6.1. Lavish’d offers one method of delivery of Goods to you: via courier.

6.2. Please see details of our delivery and shipping terms and conditions in our FAQ: Shipping Information, which is incorporated by reference.

6.3. Where it accepts your order, Lavish’d will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) 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 cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

7. Errors, Inaccuracies and Omissions

7.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the website. However, should there be any errors, inaccuracies or omissions of whatsoever nature on the website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

8. Vouchers, Coupons and Referral Bonuses

8.1. Lavish’d may, from time to time, make electronic gift vouchers (“Vouchers”) and electronic promotional coupons (“Coupons”) available for use on the website towards the Purchase of Lavish’d products. Lavish’d may also, from time to time, offer referral bonuses (in the form of a Coupon) to Users who refer the website to their friends and meet certain further requirements (“Referral Bonuses”). This is called “Refer your friends” on the website. Vouchers, Coupons and Referral Bonuses can only be redeemed while they are valid, and their expiry dates cannot be extended. More specifically:

8.2. Please refer to the Lavish’d Coins Policy for further information on Lavish’d Coins.

8.3. Vouchers

8.3.1. Vouchers are valid for 2 years after Sale. If your Voucher has not been used within that period, it will expire.

8.3.2. Vouchers cannot be used to buy other Vouchers or Coupons and are not transferable: they are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased.

8.3.3. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

8.4. Coupons

8.4.1. Coupons are issued electronically at Lavish’d’s sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

8.4.2. As a general rule, and unless specified otherwise on the specific Coupon itself:

8.4.2.1. a Coupon can only be used once, with promotional offers on the website;

8.4.2.2. only one Coupon can be used per person unless Lavish’d specifies otherwise; and

8.4.2.3. the value of the Coupon will be set off against the value of your shopping basket, and the balance remaining, if any, will be payable by you.

8.4.3. Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.

8.4.4. If Lavish’d is running a special on the website where a discount is automatically applied upon checkout, and you try to redeem a Coupon as well, the website will automatically apply the promotion of greater value or benefit to you.

8.5. Coupons may be subject to a minimum order value, meaning that the discount will only apply to the order if the order is above a certain value.

8.6. Referral Rewards Program

8.6.1. Users must be a valid Lavish’d account holder;

8.6.2. The Lavish’d Referral Rewards Program (“The Program”) allows users to earn promotional coupons or purchase credits (“Purchase Credits”) towards future purchases by referring friends to become new users on Lavish’d.

8.6.3. Users can earn Purchase Credits if: (i) a referred friend clicks on their referral link to create a valid Lavish’d account that complies with our Terms of Service; and (ii) the referred friend completes a Qualifying Purchase (as defined below).

8.6.4. The referring User will receive Purchase Credits for the amount(s) specified for each in the referral invitation or accompanying promotional materials after the completion of the referred friend’s Qualifying Purchase. If the referred friend completes a Qualifying Purchase, the referring User will receive the Purchase Credit amount specified for the Qualifying Purchase, if any.

8.6.5. The maximum Purchase Credit that can be earned per User for a referral will be R 2,500 (five thousand Rand) total in respect of a Qualifying Purchase made by referred friends unless indicated otherwise in the referral invitation or accompanying promotional materials.

8.6.6. Please note that a referring User can only use their Purchase Credits 30 days after the Qualifying Purchase. This is to prevent the misuse of the Referral Rewards Program.

8.6.7. If your Purchase Credits are insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

8.7. Qualifying Purchase

8.7.1. A Qualifying Purchase must have the minimum total value indicated in the referral invitation, accompanying promotional materials, Lavish’d website, or Lavish’d mobile application for that type of Purchase. Note that this total value may change based on currency fluctuations. The Qualifying Purchase must be paid for via the Lavish’d platform, and the referred friend must complete the Purchase before the referring User can receive a Purchase Credit. If the referred friend returns the Qualifying Purchase as per the Return Policy, it will not be considered a Qualifying Purchase, and therefore no credit will be earned.

8.7.2. Purchase Credits may only be redeemed via the Lavish’d Platform. Once earned, Credits will appear as Purchase Credit on the referring User’s checkout page, but you may need to enter a code at checkout to redeem the Purchase Credit. Purchase Credits must be used within one year from the date they are issued, after which they will expire. Purchase Credits are coupons issued for promotional purposes; they have no cash value and may not be transferred or exchanged for cash.

8.7.3. Purchase Credits may not be earned by creating multiple Lavish’d Accounts. Purchase Credits accrued in separate Lavish’d accounts may not be combined into one Lavish’d account.

8.7.4. If, for any reason, you believe that there is a discrepancy regarding your balance of Purchase Credits, please contact us. Lavish’d may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Lavish’d’s sole discretion.

8.7.5. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Purchase Credits. Where applicable, Lavish’d may be required to account for VAT on any services for which the Purchase Credits are redeemed.

8.8. Sharing Referral Links

8.8.1. Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or blogs. Users are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Users are prohibited from paying to advertise their referral links.

8.8.2. Users may not sign up for a Lavish’d account on behalf of a friend, nor may Users sign up using a friends’ email addresses. Each User who signs up as a member must sign up as him- or herself with full knowledge that he/she is creating an account;

8.8.2.1. Users may not use someone else’s account in order to purchase Goods from the website; and

8.8.2.2. by providing us with a friends’ contact information, Users warrant that they are authorised to share that information with us.

8.9. Referred Friends

8.9.1. Referred friends who have signed up using a valid referral link will also receive Purchase Credit in the form of a coupon or coupons in the amount(s) indicated in the referral invitation or accompanying promotional materials that can be used on their next Qualifying Purchase on Lavish’d. Coupon codes that are not automatically applied must be entered during checkout. Coupon codes may not be transferred to another person, exchanged for cash, or combined with other Lavish’d referral programs or incentives. Each coupon code may only be used on www.lavish’ d.com in conjunction with a Qualifying Purchase that meets the minimum total value indicated in the referral invitation, accompanying promotional materials, Lavish’d website, or Lavish’d mobile application.

8.9.2. Coupon codes expire one year from when you sign up for a Lavish’d account. Lavish’d reserves the right to any remedy, including cancellation of your account or Purchase, if fraud, tampering, violations of these terms or Lavish’d’s Payments Terms, or technical errors are suspected. If your Purchase later qualifies for a refund, the maximum refund you may receive is the amount you actually paid.

8.10. Multiple Referrals

8.10.1. A referred friend may only use one referral link. If a referred friend receives referral links from multiple Users, only the User associated with the referral link actually used by the referred friend will receive Purchase Credit. The Program may not be combined with other Lavish’d referral programs or incentives.

8.11. Termination and Changes

8.11.1. Lavish’d may suspend or terminate the Program or a user’s ability to participate in it at any time for any reason.

8.11.2. Any abuse or attempted abuse of the Program in contravention of these Terms and Conditions may amount to theft and will be dealt with harshly.

8.11.3. We reserve the right to suspend accounts or remove Purchase Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of the Payments Terms.

8.11.4. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.

8.11.5. The scope, variety, and type of services and products that you may obtain by redeeming Purchase Credits can change at any time.

8.12. Updates to the Referral Rewards Program Terms

8.12.1. We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Lavish’d website, applications, or services, which are effective upon posting. Continued participation in the Program after any modification shall constitute consent to such modification.

9. Site Promotions

9.1.1. From time to time, Lavish’d will run promotions. These promotions will either be on selected products or site-wide. For each promotion, there will be specific terms and conditions. Promotions may require the customer to apply the stated promo code to their cart during the checkout process.

9.1.2. Promo-code discounts, even if site-wide, will only apply to physical products. No promo-code discount will be applied to gift vouchers/cards.

10. General

10.1. Lavish’d 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 then already made by you.

10.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.

10.3. Any failure on the part of you or Lavish’d to enforce any right in terms hereof shall not constitute a waiver of that right.

10.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

10.5. No variation, addition, deletion, or agreed cancellation of the Terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

10.6. 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.

10.7. These Terms contain the whole agreement between you and Lavish’d, and no other warranty or undertaking is valid, unless contained in this document between the parties.

11. Changes to these terms and conditions

11.1. Lavish’d may, in its sole discretion, change any of these Terms at any time. You are responsible for regularly checking these Terms and ensuring 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.

11.2. Any such change will only apply to your use of this website after the change is displayed on the website. If you use the website after such amended Terms have been displayed on the website, you will be deemed to have accepted such changes.

12. Electronic communications

When you visit the website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.

13. Ownership and copyright

13.1. The contents of the website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, 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 Lavish’d, its advertisers and/or sponsors and/or is licensed to Lavish’d.

13.2. You will not acquire any right, title or interest in or to the Website or the Website Content.

13.3. 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.

13.4. Where any of the Website Content has been licensed to Lavish’d 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.

14. Disclaimer

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

14.2. Whilst Lavish’d takes reasonable measures to ensure that the content of the website is accurate and complete, Lavish’d 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.

14.3. Lavish’d 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.

14.4. 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.

14.5. Any views or statements made or expressed on the website are not necessarily the views of Lavish’d, its directors, employees and/or agents.

14.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Lavish’d 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 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 wilful misconduct of Lavish’d, its employees, agents or authorised representatives. Lavish’d thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the website.

15. Linked third-party websites

15.1. This Website may contain links or references to other websites (“Third-Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites, and Lavish’d is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

15.2. 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.

16. Limitation of liability

16.1. Lavish’d 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 wilful misconduct of Lavish’d, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to support@lavishd.com.

16.2. LAVISH’D 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.

16.3. YOU HEREBY INDEMNIFY LAVISH’D 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.

17. Availability and termination

17.1. 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.

17.2. Lavish’d may, in its sole discretion, terminate, suspend and modify this website, with or without notice to you. You agree that Lavish’d 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.

17.3. 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.

18. Governing law and jurisdiction

18.1. 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.

18.2. In the event of any dispute arising between you and Lavish’d, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (North Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

18.3. 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.

19. Notices

19.1. Lavish’d hereby selects 34 Brunton Street, Foundersview, Johannesburg, 1609, as its address for the Service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Lavish’d may change this address from time to time by updating these Terms and Conditions.

19.2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Lavish’d not less than 7 days’ notice in writing.

19.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

19.3.1. by hand will be deemed to have been received on the date of delivery;

19.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

19.3.3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

20. Company information

20.1. This website is run by Inter Table Top Company (Pty) Ltd, a private company registered in South Africa with registration number 1999/020201/07.

20.2. Access to the services, content, software and content downloads available from the site are classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore, Users have the rights detailed in Chapter 7 of the ECT Act, and the following information is required to be disclosed:-

20.3. The full name and legal status of the website owner is Inter Table Top Company (Pty) Ltd

20.4. Inter Table Top Company’s physical address and telephone number:

34 Brunton Street, Foundersview, Johannesburg, 1609, +27 (0)11 609 8303

20.5. Inter Table Top Company’s email address is support@lavishd.com

  • 20.6. Inter Table Top Company’s registration number is 1999/020201/07, and it was registered in South Africa.