ONLINE SHOPPING TERMS AND CONDITIONS

Definitions
“Toned”, “we”, “us” and “our” refers to Toned

“You” refers to you, our customer, who buys from us online.

“Third party provider” refers to any one of the companies that we have teamed up with to sell you their goods on any Toned website.

“Online shoppers” refers to our customers who buy goods from us online over the internet using a web browser.

1.GENERAL
These are the terms and conditions that apply when you buy goods from us online (“Online Shopping Terms”). The Online Shopping Terms must be read together with the terms and conditions that apply to the use of our website www.toned.co.za, the terms and conditions that apply to customers who buy on credit using their Toned account details, the terms and conditions relating to delivery and returns as well the specific terms that apply to certain kinds of goods. Those terms and conditions are incorporated into these terms by reference.

2.ACCEPTANCE
When you buy goods from us online, you agree to and accept all our terms and conditions. You also agree that Toned and its third party providers may send invoices to you electronically.

3.YOUR ONLINE PROFILE
When you register as an online shopper, you will have to create an online profile. This includes selecting a user name and choosing a password. You will be asked for your credentials (your user name and password) every time that you shop online with us. It is your responsibility to keep your credentials private and secure and not share them with anyone. Only authorised users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile.

4.GOODS AND PRICING
4.1
Goods subject to availability: All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible. Goods are only available for delivery in South Africa.
4.2
Price: The stated prices on our website are in South African Rand and are only valid and effective in South Africa.
4.3
Display: We will use our best efforts to accurately display the goods, specifically regarding their colour, description and price. Please remember however that the way you see the goods is also dependent on the device that you are using to access our website and we cannot guarantee that the goods you receive, will look exactly as you have seen it.
4.4
Orders: Your transaction will only be completed and you will become the owner of the goods:
4.4.1
once we receive payment from you, and
4.4.2
when the goods that you have ordered have been delivered to you (or when you have collected the goods).
Once this happens, the transaction is complete and you assume all risk and full responsibility for the goods. We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error. Errors include the goods no longer being available, incorrect price or description of the goods. We will inform you of such errors as soon as we become aware of them. We will refund you the Rand value that you have paid, only if you have already paid for the cancelled order. We will not be liable for any other loss or claim relating to a transaction based on any error. We are not bound by any incorrect information about goods that are on our third party providers’ websites.

5.DELIVERY, COLLECTION AND STORAGE
5.1
Delivery fee
We will charge a delivery fee for every order you place, which will be billed at checkout. For items other than furniture, the delivery fee is:

5.1.1
R50.00 (Fifty Rand) for any standard delivery which takes 3 to 5 working days,
5.1.2
R75.00 (Seventy Five Rand) for express delivery, which may take 2 working days,
5.1.3
R125 (Hundred and Twenty Five Rand) for overnight express delivery, which may take 1 working day.
Express and overnight express deliveries are not available for certain outlying and remote areas, or for furniture purchases.

5.2
Pargo Pick-Up and in-Store Collection
As a standard delivery option, we also offer over 400 Pick-Up points via Pargo, where you may choose to collect your order instead of having it delivered. Please note that Pargo Pick-Up is not available for furniture purchases. The Collect in Store option allows you to collect the goods you purchased online from our Toned store without having to pay delivery fees.

5.3
Additional delivery charges
Additional delivery charges (which will vary, depending on your delivery address) apply to outlying areas, as well as the delivery of furniture. Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your order will be communicated to you and must be paid when you place an order. For queries regarding delivery, please call or email our Customer Services on (Toned store number)

5.4
Goods purchased from a gift registry
If you purchase goods on a gift registry, you (the person purchasing the goods) will have to pay the delivery fees. You can choose to have the goods delivered to the address specified by the gift registry owner, or to another address. However delivery charges will vary, depending on which address you choose. You and the gift registry owner will both receive an order confirmation email to confirm the delivery of the goods.

5.5
Delivery
We will arrange for delivery to the delivery address that you provided to us. We are not responsible for any loss or unauthorised use of the goods once we have delivered the goods to the delivery address you have provided to us.

We deliver between 09h00 and 17h00 on weekdays (Monday to Friday, excluding public holidays) and we only deliver within South Africa. Our ability to deliver is also always subject to certain factors, including the availability of the goods and the supply of accurate delivery address details.

5.6
Delivery period
We will always do what is reasonably possible (but cannot guarantee that we will be able) to ensure that delivery happens on the agreed date. The delivery date is subject to change due to circumstances beyond our control. We will notify you should there be any delivery-related problems and we are unable to deliver on the agreed date. Once you receive this notification from us, you can decide whether you would like to cancel your order or not. We will refund you the Rand value you have paid if you decide to cancel your order.

5.7
Documentation
On delivery of your order, you will receive a delivery note and a returns form. You will receive additional documentation for cellular and certain other electronic devices. Please refer to the additional terms relating to cellular and electronic devices.

5.8
Access to the delivery location
You must ensure that we can access the place of delivery, and that the location is cleared for the goods to be delivered. We can only deliver the goods if it can fit into lifts, on staircases, through passages and through doors at the delivery address. We do not hoist goods onto balconies. Our delivery crew is not permitted to rearrange your furniture, clear areas in preparation for the delivery or remove unwanted goods from the premises. Please do not tip or pay our delivery crew members.

5.9
Stock availability
We cannot guarantee the availability of stock, but will use reasonable efforts to ensure that stock is available. We will notify when goods are no longer available after you have placed an order. We will refund you the Rand value for the goods you have purchased.

We rely on the information provided to us by our third party providers regarding the availability of their stock. We are not liable for any inaccuracies in the information supplied to us. Please contact our Customer Services or the relevant third party provider if you have any stock-related queries.

5.10
Assembling goods
We deliver assembled goods (if applicable), or we assemble the goods for you at your delivery address. If you require us to assemble the goods later than the delivery date, we will charge you a call-out fee, which must be paid in advance. We are not liable for any damage to goods or personal injury you or anyone else may suffer if you choose to assemble the goods yourself. Goods delivered will be unwrapped on site and the packing and wrapping material removed unless requested otherwise. It is your responsibility to remove all items of value from the delivery site and that your pets and small children are secured in a safe location away from the delivery site. We do not take responsibility for any items claimed to be missing or any breakages during or following a delivery.

5.11
Accepting your delivery
If you are unable to accept the goods yourself, please ensure that you or your authorised representative are available at the delivery address. If anyone other than you accepts delivery of the goods at the delivery address, they are presumed to be authorised to accept the goods on your behalf. On delivery we will require that you or your authorised representative sign for the goods, write down your or their name and produce a form of identification (for example, an original ID or driver’s licence). This is to confirm that the goods have been received. If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. You will be charged additional delivery charges if we cannot deliver the goods to you due to access problems or if you are not available when we deliver the goods. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.

5.12
Inspecting the goods
You must inspect the goods when they are delivered to you. If you are satisfied that the goods are in good condition and not damaged, you or your representative must sign the delivery slip, which will be proof that the goods have been delivered in a good, undamaged condition. If the goods are damaged in any way, you must note the reason for rejecting the goods and the nature of the damage on the delivery slip, notify us immediately and not accept delivery of the goods. If you do not note the reason for rejecting the goods and the nature of the damage on the delivery slip, we are entitled to regard the goods as if they were in good condition and not damaged when delivered to you.

5.13
Courier
We make use of courier services to deliver the goods to you. We are not be liable for any damage suffered or any losses incurred arising out of any act or omission by the courier, its directors, employees, sub-contractors, agents or representatives.

5.14
Goods purchased from third party providers
For delivery of any goods purchased from one of our third party providers, please note that the specific third party provider’s terms and conditions will apply. Please refer to the third party provider’s website, or contact our Customer Services for more information.

6.RETURNS AND GENERAL WARRANTIES
6.1
If you are unhappy with your purchase for any reason (other than if it is defective) and wish to return it, you may do so within 30 (thirty) days of the date that they are delivered to you or collected by you. The goods must be in their original condition and packaging and you must have the invoice, the delivery note or returns form. If you received the goods as a gift, the delivery note or returns form is still required. You cannot return goods if they have been taken apart or altered, have been permanently installed, are attached or joined to other goods or property at the delivery address, or reasons of public health do not allow their return. For hygiene reasons we do not accept return of underwear, toiletries, cosmetics, perishable foodstuffs, earrings or any other jewellery used for piercings.

6.2
Incorrect items delivered
Should we accidentally deliver the wrong goods to you, or if the goods are not as described on the website, or the goods are missing any parts:

6.2.1
Please do not remove any of the stickers or labels, or remove the goods from its original packaging

6.2.2
Notify us as immediately and we will collect the goods from you at no charge. You can then choose if we should deliver the correct goods to you as soon as possible (if available), or issue you with a refund (using the same method of payment you originally used for the purchase).

6.3
You may return the goods at no additional charge, to our Toned store from which the goods originate with the invoice, delivery note or returns form. You can also contact our Customer Services at (Toned store number) and we will arrange for a courier to collect the goods within 3-10 working days. If you are returning goods via courier, you will have to complete the returns form, specifying the reason why you are returning the goods. You must also pack the goods into the original packaging. If you are returning goods that are not defective via courier, you will be charged a collection fee.

6.4
We will refund you in full, however a refund is not available to you if you have received the goods as a gift. If you received the goods as a gift, you may only exchange the item for goods of the same value in the store where the goods originated.

6.5
If goods are faulty or defective and do not have a specific warranty or guarantee, you may return them within 6 (six) months (or for furniture returns, within 12 months) from the date of purchase, provided that the goods have been used for their intended purpose and they have been cared for according to any instructions that accompanied the goods. We may in certain instances require an assessment of the goods and require you to pay us an assessment fee before we do an assessment. If, after we have assessed the goods, we find that the goods are defective or that there are quality issues, we will refund your assessment fee and either repair the goods, replace the goods or refund you the value of the goods in the same way that you paid for the goods. If we discover in our assessment that you have not adhered to the use and care instructions of the goods, or that the goods are not defective or not affected by quality issues, we will refuse to refund you or accept return of these goods.

6.6
Every leather product is unique and might have markings which form part of the characteristics of the product. These natural markings will not be regarded as defects.

6.7
For returns and exchanges of goods purchased from any of our third party providers, please note that the specific third party provider’s terms and conditions will apply, so please refer to their website or contact our Customer Services at (Toned store number) for more information.

7. Cancellations
You may in certain instances cancel your order. You can cancel your order before it is dispatched for delivery by clicking on the “cancel” button in your order summary. You can find your order by simply typing in the email/cell number used when placing the order and your order number into the form at the bottom of the site. If you cancel an order and the goods have already left our distribution centre, you will be liable for the delivery fee and a cancellation fee of 10% of the price of the goods. We can only process refunds once we have confirmed that the goods have been returned to our distribution centres. If cancellation of an order is initiated by us, no cancellation fees will be payable. Please contact our customer services at (Toned store number) if you have any queries regarding cancellation.

8.PAYMENT
8.1
We take reasonable steps to secure your payment information and we use a payment system that is sufficiently secure, with reference to accepted technological standards at the time of the transaction and the type of the transaction concerned. Transacting with us electronically (including transacting and using your credit card on our website) is safe and secure.

8.2
If you are paying by credit card, we will place a holding reserve of funds for the total cost of your online order. Final payment will only be processed on the finalisation of your order and prior to delivery. If your order will be delivered in more than one batch, we will take full payment at the first shipment. We will also take full payment immediately if the delivery date is 14 days or more into the future (e.g. if you are buying gift registry items). If you split payment for an order between your Toned account and credit card, the credit card amount will be processed as a payment on your Toned account. When you submit your order, you warrant that you are authorised to use the card and that there are sufficient funds to pay for the order. You consent to our use of the services of reputable and secure third party payment service providers in order to process credit card transactions and acknowledge that doing so necessitates the disclosure of your credit card information when you make a purchase.

8.3
In the event that you return goods, it will take up to 10 working days to process a refund and for it to reflect on your account.

9. GENERAL
We are entitled to amend these online shopping terms and conditions, at our sole discretion, from time to time. We will notify you of changes to these terms.