TERMs & CONDITIONS

1. Eligibility

To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site you must be aged 18 or older.

2. Product Descriptions

We will take all reasonable care to ensure that all details, descriptions, and images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. All sizes given are not exact and may only be used as an indication. The photos on the website may not be a 100% true reflection of the actual Products.

You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order.

We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions or if we identify a product or pricing error.

If we are unable to fulfill your order following our order acknowledgement, we will contact you by email advising you of this.

3. Payment

The following payment options are currently available on this site.

3.1 Credit Card – for local and international purchases

Credit Card payments are facilitated by Payfast.

When paying by Credit Card, you will place your order on our site. You will then be directed to the Payfast site to finalise payment before being redirected to our site again for final confirmation of your order.

All cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

3.2 Electronic Funds Transfer (EFT) – for local purchases only

Make your payment directly into our bank account via EFT. An order confirmation e-mail with bank details will be sent once you have placed your order. Please use your Order ID as the payment reference.

Your order will be dispatched within 3 working days, once full payment has cleared in our bank account. If payment is not received within 10 days of order placement, your order will be cancelled.

No cash deposits please.

4. Delivery

4.1 General

All orders will be packed and dispatched within 2 working days of payment receipt. Please note that delivery timelines are indicative only and that dishy designs cannot be held liable for late deliveries or unclaimed goods. Delivery costs are subject to change.

4.2 SA Post Office

Parcels are kept at the SA Post Office for 1 month after receipt. Please ensure you collect your parcel timeously.

4.3 Courier

This is a door-to-door service, which means that the shipment is delivered to the address supplied not the person. Please ensure that you or someone you trust is available at the supplied address to sign for your parcel. Delivery on weekdays and during working hours only.

5. Title to Goods

We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us.

6. Intellectual Property

All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of dishy designs, its affiliates, partners or licensors. Neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without dishy designs’ written consent.

7. Your Obligations & Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to dishy designs, its affiliates, partners or licensors.

8. Your Account

You warrant that the personal information which you are required to provide is true, accurate and current in all respects. You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in dishy designs’ best interest to do so.

9. Security

It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorized access to any page on this website shall be held criminally liable, and in the event that dishy designs should suffer any damage or loss, civil damages will be claimed.

All reasonable steps will be taken to secure a user’s information and to secure the content of this site. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, dishy designs can not guarantee the security of any information you transmit to us, and you do so at your own risk.

10. Representation & Warranties; Limitation of Liability

The site is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party sites; (f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

Your use of this Website and any purchase by you of any goods from dishy designs shall be governed by South African law and the parties hereto submit to the exclusive jurisdiction of the South African courts.

11. General

You acknowledge and agree that these Terms and Conditions, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions.

You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision herein shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision herein be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions with regards to any of the times, dates and/or periods mentioned herein. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.