Terms of service

Section 1 - Definitions and Interpretations

In these Conditions: "The Customer" means the person whose order/s for the Goods and Services are accepted by the Supplier, or that person's representative, who, by contacting the Supplier, warrants his or her authority, and excludes minors, those lacking the legal capacity to contract and any organ of State. "Commencement date" means the date on which payment for an order placed is received from the Customer. "POPIA" means the Protection of Personal Information Act, 4 of 2013. "The Contract" means the standard terms and conditions of sale set out in this document; "The Delivery Date" means the time and date by which the Goods and Services are to be delivered, which may be extended where required by the Supplier, provided the Customer is promptly informed of the new time and/or date. "The Goods" (also includes "the item/s") means the goods which the Supplier is to supply to the Customer in accordance with these Conditions. "The Services" means the Services to be provided to the Customer as set out on the Website. "The Supplier" means Collective Holdings (Pty) Ltd t/a Himmel, a private company incorporated in South Africa with registration number 2020/674780/07 with their principal office at G06, Old Castle Brewery, 6 Beach Road, Woodstock, Western Cape. "VAT number" means the Supplier's VAT number being 4640324523. "The Website" means the Supplier's website at www.himmel.co.za, as updated from time to time.

 

Section 2 - Basis of Sale and Service

The Customer is deemed to make an offer to purchase the Goods and Services from the Supplier by placing an order on the Website and providing the required information. The Contract is concluded once the Supplier has received acceptable proof of receipt of the Customer's payment (including all shipping costs). It is recorded that such Contract does not result from any direct marketing but is rather concluded at the initiative of the Customer. No change to the Contract will be binding on the parties unless the change has been agreed to in writing between the Customer and the authorised representative of the Supplier. The Customer may elect to receive marketing material and promotional correspondence during the checkout or account registration process. The Customer may opt-out of receiving direct marketing communications at any time by following the unsubscribe instructions contained in each communication. Any typing, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier may be corrected by the Supplier without any liability on the part of the Supplier. The Supplier reserves the right to cancel an order prior to delivery should circumstances require (including stock availability issues or pricing errors). In the event of such cancellation, the Supplier's sole liability shall be to refund all monies already paid by the Customer in respect of the cancelled order. Please note that adding an item to the Customer's cart does not secure a purchase or reserve the item for any amount of time.

 

Section 3 - The Goods

Illustrations, photographs or descriptions on the website or in any brochures, price lists or other documents issued by the Supplier are intended as a guide only, and the Customer will be entitled to rely on descriptions or samples of only the specific Goods ordered by the Customer. The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements, or which do not materially affect their quality or performance. If there is an unavoidable delay caused by unforeseen circumstances, including labour stoppage, weather, delays in the Supplier's contractors' operations, interruptions of electricity, etc. or any delays caused by the Customer resulting in a delay in delivery of the Goods, the Supplier will timeously inform the Customer of this delay and will not be guilty of breach of contract as a result. The quantities of Goods available for sale on the Website are limited. The Supplier will use reasonable endeavours to update the Website and any related advertising as soon as reasonably practicable once stock is no longer available. However, if a product continues to be displayed or offered for sale after the available stock has been exhausted, and the Supplier is unable to fulfil the order at the advertised price, the Supplier's sole obligation shall be to refund the Customer any amounts paid in respect of that order. The Supplier records that the Customer has not informed it of a particular purpose for which the Goods are acquired, or the use to which the Customer intends to apply the Goods. The Supplier will not be liable for any theft, loss or damage of the Customer's property unless the theft, loss or damage was caused by the Supplier's gross negligence.

 

Section 4 - Price

The price of the Goods and Services shall be the price reflected on the Website as at the date of acceptance of the Customer's order. The Supplier reserves the right, by giving reasonable notice to the Customer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which are requested by the Customer, or any delay caused by any instructions by the Customer or failure of the Customer to give the Supplier adequate information or instructions. The price on the website is inclusive of value-added tax (currently at 15%), which the Customer shall pay the Supplier in addition to the said price. The Supplier endeavours to always display the correct pricing; however, it reserves the right to withdraw an item from sale, before or after the item has been ordered, for any reason whatsoever. Except as otherwise stated under the terms of any quotation or the pricing reflected on the website, all prices are exclusive of the Supplier's shipping charges. The shipping fee for each order shall be indicated at checkout. Please note that outlying areas or larger items may incur a shipping delay and surcharge.

 

Section 5 - Payment

The time of payment is a material term of the Contract. If the Customer fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions, then the Supplier shall not be bound by the transaction. All payments shall be made to the Supplier by using one of the payment mechanisms on the website. To protect the Supplier's and Customers' interests, the Supplier scrutinises all transactions very carefully to prevent attempted fraud. A transaction may be refused if the Supplier is not satisfied with its legitimacy, in which case the Consumer will be notified so that, where appropriate, alternative arrangements can be made for payment. The Supplier is not responsible for any payment failures caused by any reason whatsoever, including, but not limited to, technical issues, such as software, hardware, network errors or payment errors by third-party payment software or Apps. If payment is not received for any reason, the Customer's order will be cancelled (with or without prior notice to the Customer), and the Customer's item will not be delivered. The Supplier shall not be held liable or responsible for any damages or loss incurred because payment is not received. Ownership of any Goods will accordingly remain with the Supplier until full payment reflects in the Supplier's banking account.

 

Section 6 - Passing of ownership, care instructions and product recall

Notwithstanding delivery, ownership of the Goods shall not pass to the Customer until the Supplier has received payment in full (of cleared funds) in the amount of the price of the Goods and any other debt owed by the Customer to the Supplier. The Customer is advised to treat the Goods strictly in accordance with the care instructions on the Website. In the unlikely event of a product recall by the Supplier, the Customer undertakes to assist the Supplier in recovering all affected Goods.

 

Section 7 - Warnings and instructions

Please take great care when unwrapping and disposing of the packaging in which our Goods are supplied. Keep the packaging away from children and other vulnerable people. Use appropriate equipment such as scissors to remove the packaging. Children and infants can choke on the plastic and other packaging materials or get strangled; sharp edges can cause cuts, and none of the packaging is edible and may be poisonous if ingested. Where possible, remove packaging and use our Goods responsibly to avoid injury. Rugs should be used with an Anti-Slip underlay or secured to avoid users slipping when rugs are placed on slippery surfaces. Our Goods should be kept dry, except when, for example, towels are in use. Any of our Goods may stain adjacent materials if they are allowed to get wet. Take all reasonable precautions to guard against fire at the premises where our Goods are used or stored. Our Goods may be flammable.

 

Section 8 - Limitation of Liability

Save for loss or damage directly caused by the Supplier's gross negligence or wilful misconduct, the Supplier shall not be liable for any indirect, special, incidental, or consequential damages arising from the purchase, use, or delivery of the Goods.

 

Section 9 - Force Majeure & Damages

In the event that either party is prevented from fulfilling its obligations under this Contract by reason of any supervening event beyond its control, including but not limited to war, national emergency, flood, earthquake, strike or lockout, weather, illness, etc., the party shall not be deemed to be in breach of its obligations under this Contract. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations. If and when the period of such incapacity exceeds six months, then this Contract shall automatically terminate unless the parties first agree otherwise in writing. Each party shall, however, be liable to pay to the other damages for any breach of this Contract and all expenses and costs incurred (including legal expenses charged on an attorney-and-own-client scale and collection commission) by that party in enforcing its rights under this Contract.

 

Section 10 - Waiver

No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

Section 11 - Severability

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected by this finding.

 

Section 12 - Governing Law and Jurisdiction

The Contract is governed by the law of South Africa, save where the Customer places the order from abroad, if applicable.

 

Section 13 - Voucher Codes

If you received a discount code from us, please note that the specific code is valid exclusively for your use and carries its own terms and conditions depending on what is advertised. The code cannot be combined with other discounts, applies only to full-price products, and is not valid on sale items. You must be logged in to your online account to redeem your unique code at checkout.

 

Section 14 - Resolution of disputes 

In the event of any dispute arising out of or in connection with this Contract, the parties agree to first attempt to resolve the matter informally by contacting the Supplier's Customer Care team. If the dispute cannot be resolved informally within 14 (fourteen) business days, a consumer Customer may refer the matter to the Consumer Goods and Services Ombudsman (CGSO) or a competent Small Claims Court having jurisdiction, as provided for in the Consumer Protection Act. Where a dispute cannot be resolved through informal negotiation or ombud processes, or where the Customer is a juristic entity, the dispute shall be resolved by binding arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) under its applicable rules. The seat of arbitration shall be Cape Town. Nothing in this clause prevents either party from seeking urgent interdictory relief from a court of competent jurisdiction.

 

Section 15 - Protection of Personal Information (PΟΡΙΑ) 

The Supplier collects and processes the Customer's personal information (including name, contact details, delivery address, and payment information) strictly for the purposes of processing orders, facilitating delivery, communicating order status, providing customer support, and complying with statutory obligations. By accepting these Terms and Conditions, the Customer consents to the processing of their personal information for order fulfilment. Direct marketing communications will only be sent where the Customer has explicitly opted in, or where the Customer is an existing customer and is provided with a clear opportunity to opt out (unsubscribe) on every communication. The Customer acknowledges and agrees that the Supplier may share necessary personal information with trusted third-party service providers (operators) such as payment gateways, logistics/courier companies, and IT infrastructure hosting providers-solely to the extent required to execute the Contract. The Supplier implements reasonable, appropriate technical and organisational measures to secure the integrity and confidentiality of Personal Information in its possession, as required by Section 19 of POPIA. The Customer has the right to: Request access to, correction of, or deletion of their personal information; object to the processing of personal information on reasonable grounds; and file a complaint with the Information Regulator of South Africa via email at complaints.IR@inforegulator.org.za. For detailed information on how personal information is collected, stored, and managed, please refer to the Supplier's Privacy Policy published on the Website.

 

Section 16 - Changes to terms and conditions 

We reserve the right to update and to amend these Terms and Conditions from time to time. It is your responsibility to review these Terms and Conditions regularly.