Terms & Conditions

Important: Please read these terms carefully as they concern the use of this website.

This document sets out the LiV’iN Stores Terms & Conditions of sale relating to the purchase of any goods or services from the  LiV’iN Stores website.

Your use of the website is subject to these terms.

If you purchase any goods or services from the LiV’iN Store website you will be deemed to have accepted the Terms & Conditions set out in this document. If you do not accept these Terms & Conditions, please do not purchase any products from the LiV’iN Store website.

Before placing an order, if you have any questions, whether about our products and services, this website, any of our Terms & Conditions or otherwise, please contact our customer service team.

LiV’iN Store reserve the right to run online and in-store sales and reductions that exclude certain products or lines.

1. Website Terms & Conditions of Sale

The Website Terms set out in this Section A apply to any online purchase of goods and/or services from this Website.

2. Access to the website

You are provided with access to this Website in accordance with these Terms & Conditions. Any orders placed by you must be placed strictly in accordance with these Terms & Conditions.

By placing any such order you shall be deemed to have read, understood and agreed to the Website Terms .If you do not agree to be bound by the Website Terms, please do not order any product or service from the Website.

By placing an order you warrant that you are at least 18 years old.

3. Information about the website operator

This Website is operated by LiV’iN Store. Unless we say otherwise, we use the terms “LiV’iN Stores”, “we” and “us” in this Section A (being the “Website Terms”) to refer to LiV’iN Store.

If you have any questions, whether about our products and services, this website or otherwise, please contact our customer service team.

4. How the contract is formed

After placing an order, you will receive an email from LiV’iN Store acknowledging that we have received your order (the “Order Confirmation”).
Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by LiV’iN Stores, and we will confirm such acceptance to you by sending you an email that confirms that the products have been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation.

5. Account registration

Personal information provided during the order and registration process as a livinstores.com customer should be true, accurate, current and complete in all respects. If any information changes, please contact our Customer Service team or update your account details accordingly.

6. Stock availability

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we will send you an email advising you that we are unable to fulfill your order or one of our customer services team will contact you.

7. Refusal of order

LiV’iN Store reserves the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. Whilst we will use our reasonable endeavours to authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an acknowledgement of receipt, which we reserve the right to do at any time, at our sole discretion. LiV’iN Store will not be liable to you or any other third party by reason of our withdrawing any product from this Website, removing or editing any materials or content on this Website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt.

8. Cooling off period – your right to cancel your order

While we would bring your attention to our General Refund Policy (See Clause 13), if you are contracting online as a consumer and are South African resident, the South African Consumer Rights Directive provides that you may cancel a Contract at any time within 14 days, beginning on the day after you received the products.

If you have purchased products from the website and if you decide to cancel your order pursuant to this Clause 7, the Directive provides that you must advise us within 14 days of receipt of the products.  You must return the items to us (See Clause 13 for details on returning items and a list of products which cannot be returned).

You will be responsible for any cost incurred or risk in returning products. You have a legal obligation to take reasonable care of the products while they are in your possession and you will be responsible for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning.

Under the Directive if you fail to inform us within the 14 day period you will not have a right to cancel the Contract and return the products. This does not affect your statutory rights and you may still be able to return products under our General Refund Policy.

9. Your order delivery

Subject to availability (see Clause 5 above), we will endeavour to fulfill your order for product(s) listed in the Order Confirmation within a reasonable period of time unless there are exceptional circumstances. If for any reason we cannot meet the delivery date, you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund.  Once your order has been dispatched we will email you the details of your order to the email address provided.

For the purpose of these Terms, “delivery” or “delivered” shall be deemed to have occurred upon signing for receipt of the product (s) at the agreed delivery address, at the address specified by you when you complete your order or at a selected LiV’iN Store or such other delivery method as shall be agreed between you and us.

One delivery charge applies for your online order, regardless of how many products you purchase.

10. Free Delivery Service

By taking advantage of the Free Delivery service you agree to the following Terms & Conditions:

This service entitles residents in South Africa to free delivery on all online orders over R500 providing that the order exceeds R500 in single transaction on livinstore.com This offer will be applied automatically at the checkout.
LiV’iN Store reserves the right to (i) cancel this promotion and (ii) amend these Terms & Conditions at any time.
Risk and title

Any products ordered will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is later.

11. Pricing and payment

The total cost of your order is the price of each product ordered plus any delivery charges. Prices are in ZAR.

While we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund.

We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.

The prices on the Website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.

12. General Refund policy

Refunds may be given within 14 days from the date of purchase for products of saleable quality returned in the original saleable condition, in their original packaging, with swing tickets/barcodes attached and with the relevant online dispatch note or store online receipt. Please contact Customer Service if you have lost or mislaid your dispatch note.  Refunds will be credited to the original tender used to process the payment. If products received as a “gift” (recipient is not the purchaser) are returned to our online returns centre for refund, the refund will be processed onto the original card used as payment for the order.

This does not apply in respect of faulty, damaged or incorrectly supplied goods where your statutory rights are unaffected.

To qualify for a refund, all products must be returned to LiV’iN Store in accordance with the LiV’iN Store returns policy set out below. Once products are returned we will consider the condition of the goods being returned (including packaging where relevant) before authorising refunds or exchanges.

13. Cooling off period

In addition to our General Refund Policy, SA customers have the right to cancel their order under the SA Consumer Rights Directive. Please see Clause 7 for more details.

14. Faulty/incorrect products received

In the unlikely event that you have received the wrong products from LiV’iN Store or that the products are faulty or damaged in any way please contact our Customer Service Team

15. General Returns Process

Items purchased online for home delivery can be returned within 28 days of purchase or 14 days from receipt in accordance with Clause 12 (cooling off period). Items purchased for store collection can be returned within 28 days of receipt in-store.

Return items:
1.Ordered online and delivered by MDS Couriers

If you ordered online and your order was delivered by courier you may return the item(s). Use the email address below to find out how.

Email : info@livinstore.com

The cost of postage for returning the item(s) is not refunded.

15. Returns queries

If you have a query regarding an online return, email us at the following info@livinstore.com.

16. Liability and disclaimers

Due to the nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.

All product descriptions, information and materials posted on this Website are provided “as is” and without warranties express, implied or otherwise howsoever arising.

We warrant to you that any product purchased from us through this Website is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products.

Our liability in connection with any product purchased through our Website is strictly limited to the purchase price of that product. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

17. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract which is caused by events outside our reasonable control. This condition does not affect your statutory rights.

18. Data Protection

How we use the information you provide us:

As required by the Data Protection Acts 1988 and 2003, we follow strict security procedures in the storage and disclosure of information you have given to us. Where you provide us with your personal information (e.g. name, email address, address, phone and mobile numbers and/or other contact information,credit card numbers), through a facility provided on this Website or directly to us by email, you consent to us (and our affiliates): (a) processing and administering your personal data to perform all necessary actions to give effect to your request or instruction; and (b) retaining a record of incoming and outgoing communications (e.g. email).

When you enter a contest or other promotional feature, we may ask for your name, address, phone numbers and email address so we can administer the contest and notify winners.

Information we receive and send may be disclosed to our agents, service providers and employees, however the information will not be disclosed to other third parties. In addition, we will restrict the information disclosed to the absolute minimum necessary, for example, to provide the product or service.

These additional Terms & Conditions supplement (and are in addition to) the Terms of our Privacy Policy. Our privacy policy explains what personal information we collect about you when you use the Website, and you can view our Privacy Policy online. Please note that by agreeing to these Terms you shall be deemed also to have read, understood and agreed to our privacy policy in its entirety.

19. Your account security

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. LiV’iN Store will not be liable to any person for any loss or damage arising from any failure on your behalf to protect your account. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

20. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. You agree that e-mail can be used as a long-distance means of communication.

LiV’iN Store will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

21. Opt out

LiV’iN Store may use your personal data to notify you by post, phone, email, and SMS about new LiV’iN Store products and services. Each time you receive marketing information or a message, you have the option to decline to receive further marketing information from us. This is known as an “opt-out”. If you wish to exercise the opt-out, please unsubscribe. If you have more than one address or email address please make sure to notify any changes to your preferences for each address or email address you have registered with us. Customers who have registered to shop online on our website can unsubscribe at any time by logging into their account.

22. Notices

All notices given by you to us should be given to us via our online contact form. Subject to and as otherwise specified in clause 20 we may give notice to you at either the email or postal address you provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our Website, or 24 hours after an email is sent. In proving the service of any notice by email, it shall be sufficient to prove that such email was sent to the specified email address of the addressee.

To qualify for a refund, all products must be returned to LiV’iN Store in accordance with the LiV’iN Store returns policy set out below. Once products are returned we will consider the condition of the goods being returned (including packaging where relevant) before authorising refunds or exchanges.

The Contract between you and LiV’iN Store is binding on us and on our respective successors and assigns. You may not transfer, assign, charge sub- contract or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge, subcontract or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

LiV’iN Store right to suspend or close your account

We may suspend or close your account immediately at our discretion if you breach any of your obligations under these Terms & Conditions. You will not be able to order any products on the LiV’iNstores.com website if your account is suspended.

23. Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

24. Severability

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

25. Our right to vary these Terms & Conditions

We have the right to revise and amend these Terms from time to time and will notify you by posting an updated version of these Terms on our Website.

You will be subject to the Terms and policies in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms or policies , unless you notify us to the contrary within seven working days of receipt by you of the products).

26. Linking to our website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of us, but you must not establish a link in such a way as to suggest any form of association, or endorsement on our part where none exists.

27.Governing law and jurisdiction

Website Terms are exclusively governed by the laws and jurisdiction of South Africa.

28. Contact

Please contact us if you have any queries.