This website can be accessed at www.vensyemall.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Vensy eMall Africa (Proprietary) Limited (“Vensy e-Mall Africa”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your”, “customer”, “vendor”, or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of goods including groceries, hair & beauty, arts & craft, electronics & computers, home, garden and DIY, gaming & consoles, clothing, eGoods, office supplies, baby and toddler products, and more (“Goods”).
Vensy e-Mall allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”, “Vendor”). Vensy e-Mall will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Vensy eMall. This will be made clear in the relevant clause.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
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 Vensy e-Mall or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Vensy e-Mall or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Vensy e-Mall to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eGoods, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eGoods.
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 Vensy e-Mall in terms of the CPA.
Vensy e-Mall permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Registration and use of the website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Vensy e-Mall. You will need to use your unique username and password to access the Website in order to purchase Goods.
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.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
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 unauthorized or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Vensy e-Mall immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
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 authorized Vensy e-Mall representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
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 authorized Vensy e-Mall representative.
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Vensy e-Mall or the Third Party Seller may accept or reject. Whether or not Vensy e-Mall or the Third Party Seller 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 authorization by Vensy e-Mall for the Goods.
NOTE: Vensy e-Mall or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Vensy e-Mall or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Vensy e-Mall stating that your order or payment has been confirmed. Vensy e-Mall will indicate the rejection of your order (by Vensy e-Mall itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not be able to check out with the television in your shopping basket.
Placing Goods in a wishlist or 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 or the price thereof might change without notice to you. You cannot hold Vensy e-Mall or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Vensy e-Mall, Vensy e-Mall 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 you have placed an order, Vensy e-Mall will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
In the case of Goods for sale by a Third Party Seller, Vensy e-Mall relies on inventory information supplied by the relevant Third Party Seller and Vensy e-Mall accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Whether the Goods are for sale by Vensy e-Mall or a Third Party Seller, payment can be made for Goods via -
credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the Goods will be cancelled. You warrant that you are fully authorized 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;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Vensy e-Mall will not accept your order if payment has not been received;
cash on delivery is not applicable on this platform. For any payment inquiries please familiarize yourself with options listed in our FAQ.
These alternative payment methods apply when and however Vensy e-Mall permits, and will not be communicated with the customers prior any use.
Vensy eMall Vouchers; and
The above payment options are explained in more detail in our Frequently Asked Questions (“
”): Payment, which are incorporated by reference.
You may contact us via our HelpDesk to obtain a full record of your payment. We will also send you email communications about your order and payment.
Once you have selected your payment method (save for cash on delivery, digital transactions, or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of goods
Vensy e-Mall offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
our selected logistics companies; or
For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information.
Where it accepts your order, Vensy e-Mall or the Third Party Seller 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.
Vensy e-Mall’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Vensy e-Mall is not responsible for any loss or unauthorized use of a product, after it has delivered the product to the physical address nominated by you.
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 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.
Vensy e-Mall shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
Gift Vouchers & Coupons
Vensy e-Mall and Third Party Seller may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Vensy e-Mall and Third Party Seller Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that Vensy e-Mall gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift 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.
Vensy e-Mall is not responsible for any harm due to the loss, unauthorized use or unauthorized distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
Coupons are issued in Vensy e-Mall’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorized manner). 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.
As a general rule, and unless specified otherwise on the specific Coupon itself:
each Coupon can only be used once;
only one Coupon can be used per order;
only one Coupon can be used on the Website per person per promotion/campaign;
Percentage Coupons may only be redeemed on purchases with a total cart value of less than a maximum stipulated price;
where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
a Coupon must be used at check-out – it cannot be used later on existing orders; and
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.
Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Vensy e-Mall is not responsible for any harm due to the loss, unauthorized use or distribution of a Coupon.
If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us
here to confirm if the Coupon is still valid. If Vensy e-Mall confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Vensy e-Mall, before you are able to use a Coupon.
Contact ushere for instructions on how to use/redeem a promotional coupon.
Daily Deals and other discounted Goods
From time to time, we may offer certain Goods at discounted prices as part of a Daily Deal, App Only Deal or a Bundle Deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
For example: if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
At our discretion, Daily Deals (“Deals”) are available daily from 7am – 23:59pm on week days and from 9am – 23:59pm on weekends. In addition, please note that Daily Deals have a stock limit and may expire earlier if stock runs out.
Daily Deals quantities are limited and as such, after a Daily Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Daily Deal).
We do not guarantee a specific saving. The extent of the Daily Deal or discount is at the sole discretion of Vensy e-Mall.
Only one of each Daily Deal may be purchased per customer.
Adding a Daily Deal to your cart, or completing your order for a Daily Deal without paying for it, does not reserve the item for you. Vensy e-Mall must receive payment from you within 24 hours of you placing your order for a Daily Deal, otherwise we will cancel your order.
Vensy e-Mall will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Vensy e-Mall may only receive payment from you a few days later, and in the meantime the Daily Deal might sell out to customers paying immediately.
The List Price shown in respect of Daily Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
By purchasing any Daily Deal, you are also automatically opting in for our Daily Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased
We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“Bundle Deals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any saving or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to our Returns Policy for information about returning a Pre-packed Bundle.
An “eBook” means an electronic book capable of being opened and read on your PC or Mac computer using Adobe Digital Editions software (“Adobe Reader”). Your access to any eBook purchased by you from us will be granted via a link to such eBook) (the “Link”).
IMPORTANT – Limits to functionality and usage of eBooks:
You will not be able to read eBooks on devices that do not support either of the Reader Applications, therefore check your device prior to purchasing an eBook.
Even if a device supports either of the Reader Applications, eBooks will only be able to be read on such devices that you have associated with your profile in the relevant Reader Application. If you have not registered additional devices with one of the Reader Applications, you will only be able to read the eBook on the device onto which it was first downloaded.
You will need to be connected to the internet when you download an eBook and open it for the first time. On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device on which you first downloaded and opened the eBook.
Ordering eBooks: When ordering an eBook from us, you will be ordering the right to download such eBook from the relevant publisher and consequently, if Vensy e-Mall or Third Party Seller accepts your order, delivery will take place electronically via the internet as described below.
Delivery of eBooks:
Where Vensy e-Mall accepts your order, upon receipt or confirmation of payment, we will obtain your Link to the relevant eBook from the relevant eBook publisher and deliver such Link to you in your “LibraryBox” page on the Website. The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond our control (such as server availability, ADSL lines etc) and as such, Vensy e-Mall does not hereby undertake to make delivery within any specific time frame. However, as a guide only, delivery should occur within a few seconds, but can also take up to a number of hours. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
So as to reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud;
The Link will not appear if you have removed it, or Vensy e-Mall has removed it pursuant to your having ‘returned’ the eBook (if possible in accordance with Vensy e-Mall’s Returns Policy pertaining to eBooks from time to time);
Vensy e-Mall does not guarantee that eBook publishers will make their eBooks available for download indefinitely and Vensy e-Mall accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook publisher no longer has the eBook available for download via such Link, provided that, if you discover and report such a problem within 6 months of your receipt of the Link, you will be entitled to a full refund of the purchase price paid therefor.
We do not charge any delivery fees for electronic delivery of the relevant eBook link, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred by you.
Practical issues to note in utilising the Link to download the eBook:
The Link will contain your unique reference number as allocated by the publisher of the eBook. By clicking on the Link, a small locator file, unique to you, will be downloaded and will give you access to the eBook.
IMPORTANT: the locator file required in order to access the eBooks will only be downloaded IF the device you are using to click the Link is already associated with the relevant Reader Application (i.e. if you are using a PC or Mac to click on the Link, you must have the Adobe Reader installed on that PC/Mac. If you are using a mobile device to click on the Link, you must have the relevant eReader installed on that mobile device).
If you have any problems relating to the functionality of your Link, please report same to us here so that we can assist you in resolving the problem.
Returns of eBooks: Please refer to our Refunds Policy.
Illegal use of eBooks:
All eBooks are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited.
You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any licence conditions imposed by the publisher, as described on the relevant eBook’s product detail page. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.
By downloading any eBook, you hereby acknowledge and agree to these Terms and Conditions. You hereby undertake that you shall not do not try to do any of the Illegal Activities. You hereby indemnify Vensy e-Mall from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Vensy e-Mall which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold by Vensy e-Mall.
For more information and assistance , please refer to our FAQ’s: eBooks, which are incorporated by reference:
Third Party Sellers
Vensy e-Mall will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Vensy e-Mall only provides the platform to facilitate transactions between Third Party Sellers and Vensy e-Mall customers. Vensy e-Mall is neither the buyer nor the seller of these Goods unless otherwise specified.
The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Vensy e-Mall is not a party to that sale.
The Third Party Seller is solely responsible for fulfillment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.
Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
Because Vensy e-Mall wants the registered user to have a safe and consistent experience, Vensy e-Mall will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Vensy e-Mall’s own Returns Policy. Should such claim escalate into being a dispute, although Vensy e-Mall is entitled to become involved in an attempt to resolve it, Vensy e-Mall is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
In relation to eBooks –.
Changes to these Terms and Conditions
Vensy e-Mall 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.
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 and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Vensy e-Mall, its advertisers and/or sponsors and/or is licensed to Vensy e-Mall.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Help page.
Where any of the Website Content has been licensed to Vensy e-Mall 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.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Vensy e-Mall takes reasonable measures to ensure that the content of the Website is accurate and complete, Vensy e-Mall 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. If any such representations or warranties are made by Vensy e-Mall’s representatives, Vensy e-Mall shall not be bound thereby.
Vensy e-Mall disclaims liability for any damage, loss or expenses, 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.
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.
Any views or statements made or expressed on the Website are not necessarily the views of Vensy e-Mall, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Vensy e-Mall 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, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Vensy e-Mall, its employees, agents or authorized representatives. Vensy e-Mall thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third party websites
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 Vensy e-Mall is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
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.
Limitation of liability
Vensy e-Mall cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Vensy e-Mall, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
VENSY E-MALL 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.
YOU HEREBY INDEMNIFY VENSY E-MALL AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Vensy e-Mall may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Vensy e-Mall 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, to the extent possible.
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, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Vensy e-Mall is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Vensy e-Mall to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Vensy e-Mall, in whole or in part, on notice to you. Vensy e-Mall shall only be liable to refund monies already paid by you (see Vensy e-Mall’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to Vensy e-Mall.
Governing law and jurisdiction
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.
In the event of any dispute arising between you and Vensy e-Mall, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Vensy e-Mall hereby selects WeWork, 173 Oxford Road, Rosebank, Johannesburg, 2196, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Vensy e-Mall may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Vensy e-Mall not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent -
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
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.
We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help page on the Website or you can contact our call centre on 087 362 8000.
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: firstname.lastname@example.org
For the purposes of the ECT Act, Vensy e-Mall’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: Vensy e-Mall Africa (Pty) Ltd, a private company registered in South Africa with registration number 2019/376229/07
Main business: Online mall
Physical address for receipt of legal service (also postal and street address): Fourth floor, WeWork, 173 Oxford Road, Rosebank, Johannesburg, 2196
(marked for attention: CEO and Legal)
Phone number: +27 73 351 9078 OR +27 76 488 2759
Email address: email@example.com
Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre contactable via our Help page.
Vensy e-Mall 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.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Vensy e-Mall to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
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.
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.
These Terms and Conditions contain the whole agreement between you and Vensy e-Mall and no other warranty or undertaking is valid, unless contained in this document between the parties.