Terms and Conditions

 

Introduction and Agreement

 

This website, www.mollworld.co.za (“Website”) is operated by ErgoKonzept (Pty) Limited (“the Company”, “us”, “we”, “ErgoKonzept”). ErgoKonzept is a private company with limited liability duly incorporated in the Republic of South Africa with registration number 2021/645167/07, and registered address at 38 Portland Avenue, Craighall Park, 2196.

The Website promotes the sale of ergonomic furniture products as well as other products (collectively “the Products”). It operates under the brand of moll, which is owned by moll Funktionsmöbel GmbH (“moll”), a private company with limited liability incorporated in the Federal Republic of Germany, which has authorised ErgoKonzept to use the moll brand in South Africa. moll is not party to these terms and conditions.

By shopping or browsing on this Website, you warrant that you have read and understood these terms and conditions (T&Cs) as well as the policies displayed on this Website and agree to be bound by these T&Cs as well as any further policies referred to in these T&Cs (collectively “the Agreement”). Please do not use this site if you do not accept, and agree to be bound by, this Agreement. By accessing this Website you warrant and represent to the Company that you are legally entitled to purchase the Products and that all the details you provide are true and complete.

We may change the terms of this Agreement from time to time without notice. Any amendments will take effect immediately on posting of the amendments on the Website. You shall be deemed to have accepted any changed terms should you continue to use the website.



Intellectual Property

 

All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the website are owned by ErgoKonzept, and where this is not the case, the Company is the lawful user thereof. The Company grants you permission to view, electronically copy and print portions of the Website for the sole purpose of placing an order with the Company for any of the Products. Any use of materials on the Website other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of the Company and/or such trademark and/or copyright owner.

All data and information communicated to or from the ErgoKonzept website and/or any Website information is the sole property of the Company

 

Trademarks

 

“moll”, “ErgoKonzept”, the moll and ErgoKonzept logos and all other marks, logos and trade names appearing on this Website are trademarks of the Company or affiliates in the Republic of South Africa, or of third parties who have authorised the Company to display such trademarks on the Website. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this Website without the express prior written consent of the Company. Your use of any of the trademarks displayed on the Website or in any of its contents is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Website. You further undertake not to infringe any right of the Company or trademark owners in respect of such trademarks. The use of the trademarks on any other website or networked computer environment is prohibited.

 

Unlawful use

 

You shall not use this website in any way that violates any applicable law and you hereby indemnify the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer and which is caused by or attributable to, whether directly or indirectly, your use of the Website.

 

Links and Advertising

 

Any external hyperlinks that may be provided on the website are beyond the Company’s control. Hyperlinks to other websites provided on this website are provided as is and the Company does not necessarily agree with, edit or sponsor the content of such websites. You shall not interpret the provision of such hyperlinks as constituting any relationship between the Company and any linked third party, nor as an endorsement by the Company of such third party. The use of, or reliance placed by you on any external links provided on the website is entirely at your own risk.

 

Disclaimers and Exclusions of Liability

 

You expressly agree that the use of the website is entirely at your own risk. The website and its contents are provided on an ‘as is’ and ‘as available’ basis and have not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Website meets your requirements.

The Company makes no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Website, its contents, the accuracy thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of Products and/or delivery arrangements and times. The Company disclaims all representations and warranties including, but not limited to, warranties as to the availability, accuracy or content of information, Products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

The Company does not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the Company’s negligent acts or omissions or those of their employees, agents, representatives, sub-contractors or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the Products or services or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the Products or services.

The Company, its directors, employees, sub-contractors, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Website (including any information contained thereon) or the Internet.

You hereby indemnify the Company from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Website and/or in terms of this Agreement and/or in relation to the receipt of Products or services supplied by the Company pursuant to any such order.
Notwithstanding any other provisions contained herein, the Company’s liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice.

 

Security

 

The Company will endeavour to ensure that your personal information and/or financial details are protected as they are transmitted over the Internet. However, the Company cannot guarantee the absolute security of any information you transmit to us or which the Company transmits to you.

The content contained on the Website may be used by you for your own personal shopping and information purposes only. In using the Website and its services you warrant that you shall not interfere with the Website in any way that may damage, interfere with, delay or intercept any data or information on the Website and you hereby indemnify the Company for any damage caused by any act attributable to you. Any person that attempts to gain unauthorised access to any page or seeks to hack the normal functioning of the Website may be prosecuted.

 

General Terms

 

The Company may, in its sole discretion, suspend or terminate the operation of the website at any time without prior notice to you and without the need to give you reasons for such termination or suspension.

This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of our rights or remedies.
If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.
The website is registered and managed in the Republic of South Africa and this Agreement is accordingly governed by the laws of the Republic of South Africa. The website may at the discretion of the Company be hosted outside of the Republic of South Africa by affiliates or suppliers.
The Company chooses its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents at 38 Portland Avenue, Craighall Park, and marked for the attention of the Managing Director.

 

Collection of Cookies, Electronic Communications, and Information

 

ErgoKonzept will take all reasonable steps to protect the personal information of users. For the purpose of this paragraph, “personal information” shall have the meaning given to it in the Promotion of Access to Information Act, 2000.  By using the website, you hereby:

  • Consent to letting us process personal information for the purposes of sharing information, improving customer experience, effectively and efficiently delivering any orders, and enhancing the website’s functionality.
  • Agree that all notices, disclosures and other communications sent by the Company, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’;
  • Agree that the Company may use your information to contact you about promotions and special offers if you have indicated during registration that you would like to receive such information (opt-in option). You are entitled, at any stage, to opt out of this service.; and
  • Agree that the Company may disclose your personal information in response to a specific request provided for in law or as otherwise required by law, e.g. for accounting purposes, or by court order.

A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use our site or services relating to the site. The cookies enable us to recognise you and give us information about your previous visits. You are provided with an option to opt into acceptance of cookies. If you choose not to accept cookies, this may disable some of the features of our Website.  If you continue to browse the website without selecting specific cookies, the default option shall apply and you shall be deemed to have opted-in to the use of these cookies.

We shall not sell or rent information about you (“personal information”) to any third parties.

Please refer to the Protection of Private Information and Privacy Policy for further information on how your information may be used.

 

ErgoKonzept Online Website Terms

 

You must be over the age of 18 (eighteen) to buy Products on the ErgoKonzept Website.

Registration and/or use of the ErgoKonzept online site constitutes acceptance of this agreement by you, and shall accordingly apply as between the Company and yourself. Registration on our Website is free and does not oblige you to purchase anything.

Upon registration you will be required to choose a user name and a password. The Company accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of your password. In this regard you represent and warrant that your user name and password will not be disclosed to any third party.

You will be required to login with your username and password when you want to access your account.

If you have any questions regarding our Website, the terms, products or services, please contact us on [email protected]

 

Product Availability & Pricing

 

The Products displayed on this Website are subject to availability. Products will be delivered only within the Republic of South Africa, within the defined areas as determined by the Company. All prices displayed on the Website are quoted in South Africa Rand (ZAR) and include VAT at the rate of 15%. These are valid and effective only in the Republic of South Africa. On occasion prices seen online may only be valid on the Website and not in other locations, such as ErgoKonzept stores or other websites.

Subject to availability, the price you pay for Products will be the price shown on the ErgoKonzept Online Website on the date that you pay for such Products. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on the ErgoKonzept website without incurring any liability whatsoever.

Stocks of all goods on offer are limited and some Products are not held as inventory in South Africa. ErgoKonzept cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered or cannot be delivered within the indicated delivery times, ErgoKonzept will endeavour to contact you based on the information provided at registration or checkout, and offer either the option to cancel the order, alter the Product selection, or change design options of the relevant Product where applicable.

Delivery costs are calculated taking into account the area of delivery as well as the weight and product dimensions of each Product being delivered, and are quoted separately. Please refer to the Delivery and Returns Policy for further information.

Obvious errors

 

Whilst all precautions are taken by the Company to provide the correct information on the website, in the event that we identify an inadvertent and obvious error in the price, product or service description, images and any other relevant content, ErgoKonzept is not obliged to provide you with the affected product or service. ErgoKonzept will make every effort to contact you to alert you of the error. In such circumstances you are entitled to cancel the purchase and we will provide a full refund for the amount paid.

 

Colours & Images

 

We have made every effort to display as accurately as possible the colours of the Products that appear on the Website, and ensure that the correct images are displayed at all times. By accessing, browsing and using our website, you understand and agree that we cannot be held responsible for any errors that might be a result of incorrect images displayed or slight differences between the product images and the actual Product.

Methods of payment

 

Prior to delivery, the company shall be entitled to debit the Credit Card or bank account supplied by you on acceptance of your order should you be paying with a Credit Card or instant EFT. Should you pay for the products via Manual EFT, the order will only be processed once we have received successful confirmation of payment that has cleared in the Company’s bank account, and is reflected as a payment on the Company’s bank statement. By submitting an order to buy Products you:

  • Represent and warrant that you are authorised to make payment with a Credit Card if you are paying via this mechanism;
  • Are authorised to make payment using the specified bank account should if you are paying via instant EFT
  • Represent and warrant that there are sufficient funds available to pay for the order; and
  • Consent to us providing your personal information to our third party payment provider, which is necessary to enable us to perform our obligations in terms of this Agreement.

In order to protect our interests as well as yours, the Company  and its service providers may scrutinize transactions to prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.

No other method of payment will be accepted by the Company in respect of the purchase of Products on the ErgoKonzept Online Website.

 

Confirmation of Orders

 

Orders placed on the ErgoKonzept Online Website constitute your offer to purchase products subject to this Agreement. Your offer is deemed to have been received by the Company when payment is received from the issuing bank in the case of payment via Credit Card, Store Card, Instant EFT, or when your payment reflects on the Company’s bank statement in the case of payment via manual EFT. Failure by the Company to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.

 

Agreement of Sale

 

On receipt of your order we will send you an email describing the products and services you have ordered. These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process.

 

An agreement of sale in respect of a product between the Company and you only comes into effect when payment has been made and the products have been delivered at your chosen address. In this regard:

  • the word “payment” means a Credit authorisation is received by the Company from the issuing bank or when the Company’s bank statement reflects your payment via EFT, and the order has been invoiced; and
  • the words “delivery” means the transportation and the handover of the product to you. Unless otherwise stated, a delivery fee will be charged each time you purchase an item online for delivery. Delivery dates are estimates only, and as we process your order we will inform you if any products or services on your order turn out to be unavailable or delayed for any reason. Any products or services on the same order which have not been dispatched/delivered to you do not form part of the agreement of sale.

The Company shall only be liable to refund monies already paid by the user.

 

Risk and Ownership

 

Risk in the Products shall pass to you upon delivery of the Products at the delivery address chosen by you. Until payment is received in full for any goods sold, ownership in the Products shall remain with the Company and such Products shall be returned and/or surrendered to the Company following receipt of a default notice from the Company.

Collections

 

 

You can contact us at [email protected] should you wish to arrange for collection of the Products.

All provisions relating to delivery apply mutatis mutandi to collections.

Cancellation

 

If for any reason you would like to cancel an order, this may be done by emailing  [email protected]. You may cancel orders up to a period not exceeding 7 (seven) days after the date on which the Products are received by you in terms of consumer protection legislation.

 

All items returned must be returned in their original packing, undamaged. We reserve the right not to accept a return of Products if the original packaging or seal has been damaged or if the Products are no longer in their original packaging. No penalty charges will be levied against cancelled orders prior to the abovementioned cut-off time.

 

The Company will, however, be entitled to recover from you the direct cost of recovering the Products, and in particular, transport costs. For more information on cancellations please refer to our Delivery and returns policy.

Replacement Products, Refunds and Warranties

 

The Company will replace any damaged or faulty Product or an incorrect Product with a new/correct Product within a reasonable amount of time subject to the terms of the Delivery and Refund Policy. Where refunds are due, refunds will only be processed by EFT to a South African bank account, and are subject to you furnishing account details and a confirmation of bank account.
ErgoKonzept will honour manufacturers’ warranty provisions, which can be reviewed on each manufacturer’s website. To the extent that the Products are altered, contrary to the instructions, or after having been delivered to the delivery address stipulated by you, the Products or property in which the Products are installed have been subjected to misuse or abuse, the Company and/or manufacturer of the Products will not be obliged to honour any warranties applicable to such Products. Warranties do not apply to ordinary wear and tear.

 

Governing Law and Disputes

 

These T&Cs are governed by, and all disputes shall be resolved in accordance with the laws of South Africa. The parties irrevocably submit and agree to submit to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg in respect of any disputes arising in relation to these T&Cs.

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