Orlim Terms & Conditions
ORLIM TERMS & CONDITIONS
This website can be accessed at , and is owned and operated by Orlim Manufacturing CC (“Orlim”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for range of bedding products (“Goods”).
2. Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
may limit the risk or liability of Orlim or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Orlim or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Orlim to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Orlim in terms of the CPA.
Orlim permits the use of 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. You must not use this Website if you do not agree to the Terms and Conditions.
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
4. Registration and use of the website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Orlim. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Orlim immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the 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.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Orlim representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Orlim representative.
5. Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Orlim may accept or reject. Whether or not Orlim 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 authorization by Orlim for the Goods.
NOTE: Orlim 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 Orlim come into effect (the “Sale”). This is regardless of any communication from Orlim stating that your order or payment has been confirmed. Orlim will indicate the rejection of your order (by Orlim itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
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.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Orlim, Orlim 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, Orlim will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
6. Services offered by the site
6.1 The Website provides for the online ordering and supply of selected bedding products (the "Products") with delivery solely within the territory of South Africa. Unless specified otherwise, these Conditions apply to all Services offered by Orlim, where compatible. The provision of Services may be entrusted by Orlim to third-party subcontractors or sub suppliers.
6.2 All final product prices displayed on the Website are given in Rands and are inclusive of any applicable Value Added Tax (“VAT”). The prices of the Products are subject to periodic changes and variations. If an error is made and a product is listed at an incorrect price, Orlim shall maintain the right to refund or cancel orders placed at the incorrect price.
6.3 All Service Fees shall be affected via electronic funds transfer or the payment gateway infrastructure on the Orlim Website, provided via an independent third-party payment service provider, currently, PayFast. Users are encouraged to consult the PayFast website located at www.PayFast.co.za to familiarize themselves with the security protocols and other policies in place and which may apply to any transaction conducted through PayFast.
6.4 Card acquiring and security Card transactions will be acquired for Orlim via PayFast (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.
6.5 Customer details will be stored by Orlim separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.PayFast.co.za.
6.6 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
6.7. Only Service Fee payments made via PayFast or electronic funds transfer shall be processed. Service Fee payments made via PayFast in a currency other than South African Rand (“Rand”), if accepted by PayFast, shall be converted into Rand at Orlim’s financial institution’s then-current market rate of exchange. Payments made by electronic funds transfer will only be processed and accepted if made in South African Rands
6.8. Service Fee payments made from Users located outside of the Republic of South Africa and/or in a currency other than Rand, shall be processed in accordance with PayFast’s policies and procedures, as amended from time to time.
6.9 Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method)
6.10 debit card; You warrant that you are fully authorized 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 all the costs incurred as a result of the services used on the Website;
6.11 credit card: You warrant that you are fully authorized 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 incurred as a result of the services used on the Website;
6.12 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. Orlim will not accept your order if payment has not been received;
6.13 Instant EFT;
7. Delivery of goods
a. Orlim offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
i. courier; or
b. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
c. Where it accepts your order, Orlim or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) 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 elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
d. Orlim’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Orlim is not responsible for any loss or unauthorized use of a product, after it has delivered the product to the physical address nominated by you.
a. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. 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, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
b. Orlim shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
9. Electronic communications
10. Ownership and copyright
a. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Orlim.
b. You will not acquire any right, title or interest in or to the Website or the Website Content.
c. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.
a. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
b. Whilst Orlim takes reasonable measures to ensure that the content of the Website is accurate and complete, Orlim makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, 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 Orlim’s representatives, Orlim shall not be bound thereby.
c. Orlim disclaims 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 law.
d. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
e. Any views or statements made or expressed on the Website are not necessarily the views of Orlim, its directors, employees and/or agents.
f. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Orlim also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Orlim, its employees, agents or authorized representatives. Orlim thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
12. Linking to third party websites
a. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control. These Terms and Conditions do not apply to those Third Party Websites and Orlim is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
b. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
13. Limitation of liability
a. Orlim cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Orlim, its employees, agents or authorized representatives.
b. ORLIM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
c. YOU HEREBY INDEMNIFY ORLIM 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 AND/OR ANY LINKED THIRD PARTY WEBSITE.
14. Availability and termination
a. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
b. Orlim may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Orlim will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
c. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
d. Orlim is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Orlim, in whole or in part, on notice to you. Orlim shall only be liable to refund monies already paid by you (see Orlim’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
e. At any time, you can choose to stop using the Website, with or without notice to Orlim.
15. Domicilium Citandi Et Executandi and Contact Information
15.1 This website is governed by the laws of South Africa and Orlim chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
15.1.1. Orlim: 11 Henwood Rd, Pinetown, Kwazulu-Natal, 3610. Email: email@example.com;
15.1.2. User: The addresses as provided for shipping of the products.
15.2. A Party may change its domicilium to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
15.3. All notices to be given in terms of these Terms will:
15.3.1. be given in writing;
15.3.2. be delivered or sent by email; and
15.3.3. be presumed to have been received on the date of delivery.
15.4. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
Orlim shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .
Orlim takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Orlim may, in its sole discretion, change this agreement or any part thereof at any time without notice.
19. Company information
This website is run by Orlim Manufacturing based in South Africa trading as Orlim Manufacuting CC and with registration number 198904029923.
20. Orlim contact details
Company Physical Address: 11 Henwood Rd, Pinetown, 3610, KwaZulu-Natal, South Africa.
Telephone: +27 (0)31 701 7596