This website, located at www.otdfurniture.co.za or any of our affiliated sites including mobile and/or Internet applications or “apps” (collectively, the “Site”), is provided by OTD (OTD Furniture, Outdoor Furniture Cape Town, “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).
You Agree to These Terms by Using This Site:
Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use.
OTD may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by OTD. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.
Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing OTD or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose.
You agree that OTD may, without cause or prior notice, immediately terminate your OTD membership, any promotion, accumulated reward or virtual currency associated with your membership and/or email address, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies OTD may have at law or in equity.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.
Termination of your OTD membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in OTD’s sole discretion.
You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at [email protected]
Notice; Electronic Communications
When you visit this Site, send emails to OTD, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with OTD.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
Privacy
OTD’s Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by OTD in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. We encourage you to read our Privacy Policy for more details.
Practices; Typographical Errors; Colors
You acknowledge that OTD reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that OTD reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, OTD reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, OTD shall issue a refund to you in the amount of the incorrect price charged. In no event shall OTD be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, OTD makes no guarantees that any actual colors of products or features will be true or accurate.
Our products are handmade and will sometimes not exactly match the colour, shape, size or finish of that depicted in the product image and product description online. This is seen as a unique feature of hand crafted products, rather than an imperfection or defective product.
Intellectual Property
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by OTD or its affiliates. The Contents, including its trademarks such as OTD, may not be used by you for any commercial purpose without OTD’s written consent.
All software used on this Site is the property of OTD or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
Shipping
OTD will not be held liable for failure to deliver your purchased products due to incorrect shipping details provided by you (the buyer) or failed delivery on buyer / client’s part where the client is non reachable at the provided address after two delivery attempts.
It remains the responsibility of the client / buyer to reach us (OTD) to correct this and the client be responsible to settle any additional shipping fees if applicable.
Your total shipping charge for all products (with the exception of furniture) is calculated as the greater between total actual item weight or volumetric weight for all the products within your order.
All rates are calculated using a door to door courier economy service.
For any orders in excess of 500kg (greater of either actual or volumetric weight), please contact us for a current (live) shipping quote. If you proceed to checkout, you will still be liable to pay the shipping fee before your order will be shipped.
Please note that shipping on all furniture items will vary and is calculated based on area, size of item(s) and accessibility.
Certain larger furniture items will require a live shipping quote from OTD before proceeding to checkout as these does not fall within our standard courier pricing.
These items will state this in the product description.
If you proceed to checkout and pay for your order that still requires a shipping quote, you will be liable to settle the additional shipping fee quoted by OTD before your order will be shipped.
OTD offers a standard furniture delivery service to the ground floor of the delivery address property only and we do not provide hoisting or special moving delivery options (i.e. transporting via elevator or carrying up stairs) of any furniture whatsoever.
We use a third party standard delivery company who does not offer these type of services.
If you live above ground floor and require furniture items to be delivered to your floor, it is your own responsibility to make your own additional arrangements and we will only deliver furniture to the ground floor of the delivery address you provided. Once we have delivered your order to the ground floor, the responsibility of that item becomes that of the customer and we will not be liable for damages caused after delivery by OTD.
For international shipping, please contact us on [email protected] for a live shipping quote. Please ignore the “Free” shipping rate listed at checkout. If you proceed to checkout without contacting us for a shipping quote first, you will still be liable to pay the fee.
Store discount codes
All store discounts are extended as a gift and not an obligation by OTD and is not physical currency. Therefore no discount codes or coupons are exchangeable for cash or refunds. Any discount code or coupon extended must be entered at checkout to qualify for the discount offered. OTD is under no obligation to fulfill any discount if neglecting to enter the code at checkout.
Product Availability
Whilst OTD will always try it’s utmost best to only list products that are available and in stock, please note that we sell products supplied to us by local suppliers and will not be held liable if a product becomes unavailable
since the product has been listed.
In the event that a customer purchases a product(s) in the online store and OTD gets notified by the supplier(s) that a product has been discontinued or unavailable for the unforeseeable future, OTD has the right to remove that product from the online store, not fulfill the order and refund the client for any monies spent.
Assignment
OTD may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
It’s up to you to set the rules and guidelines that the user must agree to. You can think of your Terms and Conditions agreement as the legal agreement where you maintain your rights to exclude users from your app in the event that they abuse your app, and where you maintain your legal rights against potential app abusers, and so on.
Terms and Conditions are also known as Terms of Service or Terms of Use.
This type of legal agreement can be used for both your website and your mobile app. It’s not required (it’s not recommended actually) to have separate Terms and Conditions agreements: one for your website and one for your mobile app.
