Terms and Conditions – Forever Stone Tombstones

1. Introduction
  1. This website can be accessed at foreverstone.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Forever Stone Online (RF) (Proprietary) Limited (“Forever Stone”, “we”, “us” and “our”).
  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”),
  4. The Website enables you to shop online for one or more tombstone.
  5. When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for returns collections, is a delivery address within the borders of the Republic of South Africa.
2. Important Notice
  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. Goods remain property of Forever Stone Tombstones until paid in full.
  3. 70% deposit on straight out orders, Lay-buy orders to be paid in full before manufacturing starts.
  4. We are not held liable for ground shifting that may take place if no stoep has been laid down.
  5. All building work to be completed in advance.
  6. Additional fees apply if groundwork needs to be done.
  7. Manufacturing period up to 48 working days.
  8. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
    1. may limit the risk or liability of Forever Stone or a third party; and/or
    2. may create risk or liability for the user; and/or
    3. may compel the user to indemnify Forever Stone or a third party; and/or
    4. serves as an acknowledgement, by the user, of a fact.
  9. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  10. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Forever Stone to explain it to you before you accept the Terms and Conditions or continue using the Website.
  11. 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 Forever Stone in terms of the CPA.
  12. Forever Stone 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.
3. Returns
  1. Please refer to our Returns Policy for more information about returning products (and repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
4. Conclusion of sales
  1. Registered users may place orders for Goods, which Forever Stone or the Third Party Seller may accept or reject. Whether or not Forever Stone 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 Forever Stone for the Goods.
  2. NOTE: Forever Stone 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 Forever Stone or the Third Party Seller come into effect (the “Sale”).This is regardless of any communication from Forever Stone stating that your order or payment has been confirmed. Forever Stone will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  3. 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 Forever Stone, Forever Stone 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, Forever Stone will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
  4. In the case of Goods for sale by a Third Party Seller, Forever Stone relies on inventory information supplied by the relevant Third Party Seller and Forever Stone accordingly bears no liability for any inaccuracies in the information supplied to it.
5. Payment
  1. Whether the Goods are for sale by Forever Stone or a payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
    1. 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. Forever Stone will not accept your order if payment has not been received;
    2. Instant EFT;
  2. You may contact us via our Help Centreto obtain a full record of your payment. We will also send you email communications about your order and payment.
6. Delivery of goods
  1. Forever Stone offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
    1. Delivery; or
    2. self-collection.
  2. For more information about delivery, please see our Help Centre, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the Help Centre for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
  3. Where it accepts your order, Forever Stone will deliver the Goods to you as soon as reasonably possible. We will notify you if we are unable to deliver the Goods during the Delivery Period.
  4. Forever Stone 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. Forever Stone is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
7. Errors
  1. 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.
  2. Forever Stone shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
8. Privacy policy
  1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
9. Changes to these Terms and Conditions
  1. Forever Stone may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
10. Electronic communications
  1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.
11. Ownership and copyright
  1. 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 Forever Stone, its advertisers and/or sponsors and/or is licensed to Forever Stone.
  2. You will not acquire any right, title or interest in or to the Website or the Website Content.
  3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised 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 via our Help Centre.
  4. Where any of the Website Content has been licensed to Forever Stone or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
12. Disclaimer
  1. 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.
  2. Whilst Forever Stone takes reasonable measures to ensure that the content of the Website is accurate and complete, Forever Stone 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 Forever Stone’s representatives, Forever Stone shall not be bound thereby.
  3. Forever Stone 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.
  4. 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.
  5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Forever Stone 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, jeopardise 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, jeopardise, 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 wilful misconduct of Forever Stone, its employees, agents or authorised representatives. Forever Stone 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.
13. Limitation of liability
  1. Forever Stone 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 wilful misconduct of Forever Stone, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help Centre.
  2. FOREVER STONE 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.
  3. YOU HEREBY INDEMNIFY FOREVER STONE 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
  1. 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.
  2. Forever Stone may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Forever Stone 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.
  3. 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.
  4. At any time, you can choose to stop using the Website, with or without notice to Forever Stone.
15. Governing law and jurisdiction
  1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  2. In the event of any dispute arising between you and Forever Stone for the Sale of goods, you agree that the Sale occurs in the Western Cape and you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
16. Notices
  1. Forever Stone hereby selects 88 Richards Dr, Halfway House, Johannesburg, 1685, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Forever Stone may change this address from time to time by updating these Terms and Conditions.
  2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Forever Stone not less than 7 days’ notice in writing.
  3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
    1. by hand will be deemed to have been received on the date of delivery;
    2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
    3. by telefax before 16h00 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h00 or on a day which is not a business day will be deemed to have been received on the following business day; and
    4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.
  4. Complaints
    1. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help Centreon the Website or you can contact our call centre on 083 276 4375.
    2. If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are: Website: http://www.cgso.org.za/Sharecall: 0860 000 272 Email: complaints@cgso.org.za
  5. Information
    1. For the purposes of the ECT Act, Forever Stone’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
1. 1. 1. Full name: Forever Stone
1. Main business: Tombstone Seller
2. Physical address for receipt of legal service (also postal and street address): Unit 5, 123 Mosaic Road, Silverstondale, Pretoria (marked for attention: CEO and Legal)
3. Phone number: +27 83 893 6462
4. Email address: info@foreverstone.co.za
5. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
  Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre contactable via our Help Centre.
6. Intellectual property complaints: info@foreverstone.co.za
1. General
  1. Forever Stone may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    2. Any failure on the part of you or Forever Stone to enforce any right in terms hereof shall not constitute a waiver of that right.
    3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    6. These Terms and Conditions contain the whole agreement between you and Forever Stone and no other warranty or undertaking is valid, unless contained in this document between the parties.