Terms & Conditions

1. Introduction

1(1) This website can be accessed at www.vharo.co.za (the “Website”) and is owned and operated by Vharo Investment (Proprietary) Limited (“Vharo”, “Vharo’s”, “we”, “us” and “our”).                                                                                                    

1(2) These Website Terms and Conditions (“Terms and Conditions”) regulate the ordering, sale and delivery of Goods, and the use of the Website.

1(2) These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”).By using the Website and by placing an order, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1(3) The Website enables you to shop online for an extensive range of home and kitchenware (“Goods”).

2. Important Notice

2(1) These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA/ Act”).

2(2) If there is any section in these Terms and Conditions that you do not understand, the responsibility is upon you to ask Vharo Investment to explain it to you before you accept the Terms and Conditions, as your continued use of our website will be deemed as your consent.

2(3) No section in these Terms and Conditions is intended or must be understood to unlawfully limit, restrict or avoid any right or obligation, as the case may be, created for either you or Vharo Investment in terms of the Act.

2(4) Vharo Investment permits the use and placing of orders through 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 and voluntarily. You must not use this Website if you do not agree to the Terms and Conditions.

3. Returns

Preparing your products for a return:

3(1)(1) It is important that you package the item(s) safely and securely in a manner that does not damage the good(s) or the person(s) responsible for collection.

3(1)(2) Include all the parts and accessories that were sold with the product including the packaging if it is applicable to the product.

3(1)(3) Depending on how the product was couriered to if a courier fee was charged by Vharo Investment then you are dually responsible for the return courier fee and the courier fee charged for the item to be returned back to you(if applicable). Vharo retains the discretion of facilitating the courier charges on your behalf. Failure to adhere could result in your claim to be declined or delayed which is something Vharo Investment does not want to see happening. 

4(1)    Policy on Unwanted Products

You may return an unwanted product to us on these exhaustive reasons provided below:

4(1)(1) It is damaged upon arrival to you and is unused, it must be with                             the original packaging, labels, and stickers intact.

4(1)(2) It is not missing any accessories or parts that came with the product.

4(1)(3) The claim must be logged within a day of delivery to you or collection by you of the unwanted product. The only time we will accept a return after a day will be in case were a product is defective and is not one of the products listed below:                

         4(1)(3)(1) A product which has been personalised for you such as requesting a                      specific colour or a specific product which was not necessarily on the catalogue or on display on any of Vharo Investment stock.

      4(1)(3)(2) Consumable products or a product that does not retain its original form or shape upon usage.

      4(1)(3)(3) Fragile items such as decanters, wine glasses and any other fragile items Vharo Investment identifies as such (fragile and easily breakable).

4(2) Exchange of Products

Some kitchenware such as plates may be exchanged for a different size or colour variant, provided that such an exchange is possible based on stock availability. An unboxed and unused product can only be exchanged if the same variant is available on our stock or on our supplier’s stock. The same procedure followed on either delivery or collection of your item(s) will be followed. If the product was delivered to you on a billed couriering services, then you will be liable for the payment of the same courier fee. We still hold the discretion to inspect the product to validate your return.

4(3) Incorrect delivery by us

If we erroneously couriered something else, rather than what you ordered, please notify us and we will either collect the product or ask you to courier the product back to us. The courier cost will be paid by us and not you. We will gladly exchange you the product within 2 weeks or a reasonably possible time. If there is no more stock available on your chosen product, we will gladly refund you in full. This section is only applicable to products couriered by a third-party (i.e. courier companies) and not one of Vharo’s employees or representative. In cases where you collect the product from us, or the product is delivered to you by a person who identifies as an employee or a representative of Vharo such an exchange or refund will only be possible at cost to you as it is your responsibility to check if you have the right order before you allow any of our employee/agent or representative to leave without checking.  Any of Vharo’s agent, representative or employees are tasked with opening or showcasing the product for you to see, before they depart, or you depart from us. Upon delivery by Vharo or collection by you, you are dually tasked to evaluate the product on the choice and check for any damages.  Failure to do so will result in Vharo charging you for the courier fee, which will be incurred due to the exchange or refund. On all claims logged Vharo retains the discretion to evaluate your product and the claim logged by you. 

4(4) Products that are damaged on delivery

Should it happen that a product be damaged or missing any parts or accessories at the time of delivery or collection, please notify us within 24 hours of such delivery or collection through logging a return via electronic mail to admin@vharo.co.za or WhatsApp message or Call on: 073 475 9804 / 071 629 1138.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice replace the product as soon as possible (if we have the same product in stock to use as a replacement) or credit your account with the cost of the said product (or refund you if that is your preference).

4(5) Defective products

At Vharo we take all reasonable precautions in ensuring that the products we deliver to you are of working condition and high quality. We do our best to ensure that the products we deliver to you are without defect.  However, it is possible that our goods may by be defective upon arrival due to transportation or other unforeseeable conditions beyond our control that resulted in the product being defective upon arrival.  If our goods are defective upon arrival; we will happily exchange your goods upon a valid examination by Vharo, the same procedure stipulated in section 4(4) above applies with regards to logging a claim and the couriering of the product.

The following will NOT be regarded as defects and will not entitle you to a return under section 4(5):

 4(5)(1) faults that arise from ordinary wear and tear.

4(5)(2) damage arising from negligence, user abuse or incorrect usage of the product.

4(5)(3) damage arising from a failure to adequately care for the product by you the user.

4(5)(4) damage arising from unauthorized alterations to the product.

5 use of the website

5(1) To place an order, you must provide Vharo with your full names, address, and contact details (cell phone number).

5(2) You agree and warrant that your name and cell phone number shall:

5(2)(1) be used by Vharo for the capturing of your order; and

5(2)(2) the delivery of your order by Vharo.

5(2)(3) It will be captured by you correctly on the website.

5(3) By your continued use of this 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.

6. Conclusion of sales and availability of stock

6(1) Any users may place orders for Goods, which Vharo may accept or reject. Whether or not Vharo 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 Vharo for the Goods.

6(2) Important: Vharo 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 Vharo come into effect (the “Sale”). This is regardless of any communication from Vharo stating that your order or payment has been confirmed. Vharo will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

6(3) 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 stipulated above (section3).

6(4) Important: You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Vharo 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, Vharo will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

7. Payment

7(1) We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

7(2) Payment can be made for Goods via -

7(2)(1) debit card; where payment is made by debit card, we may require additional information to authorise and/or verify the validity of payment. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover the cost of your purchase with Vharo.

7(2)(2) credit cards: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. 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 of your purchase with Vharo.

7(2)(3) 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. Vharo will not accept your order if payment has not been received.

7(2)(4)cash on delivery (except where any of our exclusions apply, such will be advertised with the product on the website); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.

7(2)(5) Banking Details:

Bank: FNB/RMB

Account Holder: Vharo Investment (PTY) LTD

Account Type: Gold Business Account

Account Number: 628 3054 7545

Branch Code: 250655

 

7(3) Or alternatively you may contact us via our Facebook page at Vharo Homeware, email us at admin@vharo.co.za, or WhatsApp/call us at 073 475 9804/071 629 1138 to obtain a brief on how you may make payment and which payment method is most convenient for you.

8. Delivery of goods

8(1) Vharo offers 3(three) methods of delivery of Goods to you, two methods which are electable by you and one which is discretionary by Vharo based on your location. You may elect delivery via:

8(1)(1) self-collection;

8(1)(2) courier; or

8(1)(3) direct deliveries by any of Vharo employees, agent or representatives (this will apply to you if you live within 70kms from Our office Showroom in JG Strijdom, Alrode Multipark Alberton). This mode of delivery is chargeable based on kilometres and value of order.

8(2) For more information about delivery, please feel free to contact us in order to find the best option available for you. Our delivery charges are subject to change at any time, without prior notice to you, so please check our website or our Facebook page for the most up-to-date information.

8(3) Where we accept your order Vharo will deliver the Goods to you as soon as reasonably possible, but no later than 7 (seven) 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 provide us with your banking details so we can reimburse you or arrange another alternative which will be beneficial to you as our valued customer.

8(4) Vharo’s responsibility to deliver a product to you is fulfilled when we deliver the product to the physical address you have provided to us. Vharo is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address provided by you.

9. Errors

9(1) Vharo takes all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website or on other social media platforms such as Facebook and Instagram. 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, in the case of any incorrect purchase price and to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy above(section 3). 

9(2) Vharo shall not be bound by any incorrect information regarding our Goods displayed on any third-party website or social platform.

 

10. Changes to these Terms and Conditions

10(1) Vharo retains sole discretion to change any of these Terms and Conditions at any time. The responsibility falls upon you as our valued customer to regularly check these Terms and Conditions and make sure that you are satisfied and reconcile yourself with the changes. Should you not agree with any of our changes, you must not place any further orders on our website nor use it.

10(2) Your continued use of the Website after any amendments of the Terms and Conditions on the website, you will be deemed to have given consent to the changes.

 

11. Free wrapping service on product purchased with us

11(1) Vharo offers a free wrapping service for you. This service is available for all products purchased with us subject to the size of the product.

11(2) After concluding your purchase with us kindly send us an email or WhatsApp text if you would like your product to be wrapped( do specify for what and for whom the product is being wrapped for, such as birthday’s, mother’s day, house warming etc.). We will notify you if it will be possible to wrap your product based on its size.

 

12. Disclaimer

12(1)   We as Vharo take reasonable measures to ensure that the content of the Website is accurate and complete without fault, however we make no representations or warranties, whether implied or express, as to the quality, operation, 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 Vharo’s representatives, Vharo shall not be bound thereby.

12(2)   Vharo repudiates 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 the law of the Republic of South Africa.

12(3) Additional to the disclaimers contained in these Terms and Conditions, Vharo also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, destructive materials or any other data or code which is able to corrupt your information. Vharo therefore 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.

13. Limitation of Liability

13(1) Vharo cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website. You are encouraged to contact us to report any possible malfunctions or errors by way of our Facebook page or emailing such to us.

13(2) YOU HEREBY INDEMNIFY VHARO 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.

14. Governance and Law Jurisdiction

14(1) For the purpose of these Terms and Conditions and our relationship and/or any dispute that may arise from or in connection with these Terms and Condition, it will be governed and interpreted in accordance with the laws of the Republic of South Africa. Through your continued use of the website it constitutes to consent given by you and that you submit yourself to the jurisdiction of South Africa and all its courts in relation to all proceedings, application or transaction thereof instituted by either party against the other.

    15 Information

15(1) Full name: Vharo Investment (Pty) Ltd, a private company registered in South Africa with registration number 2019 / 460964 / 07

15(2) Main business: Online homeware retailer

15(3) Physical address for receipt of legal service 23 Yellowwood, Mayberry Park, Alberton, 1448

15(4) Phone number: +27 73 475 9804 /+27 71 629 1138

15(5) Email address: admin@vharo.co.za

15(6) Facebook: Vharo Homeware