1.  Privacy policy

13.1.  We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.

13.2.  Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

13.2.1.  your name and surname;

13.2.2.  your email address;

13.2.3.  your physical address;

13.2.4.  your gender;

13.2.5.  your mobile number; and

13.2.6.  your date of birth.

13.3.  Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

13.4.  You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

13.5.  Subject to clause 9.6 below, we will not, without your express consent:

13.5.1.     use your personal information for any purpose other than as set out below:

13.5.1.1.  in relation to the ordering, sale and delivery of Goods;

13.5.1.2.   to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

13.5.1.3.   to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

13.5.1.4.   to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or

13.5.2.      disclose your personal information to any third party other than as set out below:

13.5.2.1.   to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

13.5.2.2.   to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us); 

13.5.2.3.   to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement; and

13.5.2.4    pursuant to a corporate transaction in terms of which we sell any of our businesses or assets to a buyer of such businesses or assets.

13.6.  We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.

13.7.  We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.

13.8.  We will –

13.8.1.  treat your personal information as strictly confidential;

13.8.2.  take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

13.8.3.  provide you with access to your personal information to view and/or update personal details;

13.8.4.  promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

13.8.5.  provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; 

13.8.6.  upon your request, promptly return or destroy any and all of your personal information in our possession or control; and

13.8.7.  not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

13.9.  Blush Affluent undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Blush Affluent reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

13.10.  Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

13.11.  If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Blush Affluent, BLUSH AFFLUENT  SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. 

13.12.  This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this clause 13.

PART D – GENERAL LEGAL TERMS

  1.  Changes to these terms and conditions

14.1.  BLUSH AFFLUENT  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.

14.2.  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.

 

  1.  Electronic communications

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 13 above.

 

  1.  Ownership and copyright

16.1.  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 Blush Affluent, its advertisers and/or sponsors and/or is l to Blush Affluent.

16.2.  You will not acquire any right, title or interest in or to the Website or the Website Content.

16.3.  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 our Marketing Manager at +27 010 213 4281 or e-mail INFO@BLUSHAFFLUENT.COM.

16.4.  Where any of the Website Content has been licensed to BLUSH AFFLUENT 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.

 

  1.  Disclaimer

17.1.  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.

17.2.  Whilst Blush Affluent takes reasonable measures to ensure that the content of the Website is accurate and complete, Blush Affluent 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.

17.3.  Blush Affluent disclaims liability for any damage, loss or liability, 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.

17.4.  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.

17.5.  Any views or statements made or expressed on the Website are not necessarily the views of Blush Affluent, its directors, employees and/or agents.

17.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Blush Affluent 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 Blush Affuent, its employees, agents or authorised representatives. Blush Affluent 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.

 

  1.  Limitation of liability

18.1.  Blush Affluent 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 Blush Affluent, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@blushaffluent.com or by contacting +27 010 213 4281.

18.2.  BLUSH CONSULTING (PTY)LTD T/A BLUSH AFFLUENT 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.

18.3.  YOU HEREBY INDEMNIFY BLUSH CONSULTING (PTY)LTD T/A BLUSH AFFLUENT 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.

 

  1.  Availability and termination

19.1.  We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

19.2.  BLUSH CONSULTING (PTY)LTD T/A BLUSH AFFLUENT may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that BLUSH CONSULTING (PTY)LTD T/A BLUSH AFFLUENT 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 and to the extent possible.

19.3.  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, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

 

  1.  Governing law and jurisdiction

20.1.  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.

20.2.  In the event of any dispute arising between you and  BLUSH CONSULTING (PTY)LTD T/A BLUSH AFFLUENT, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa  notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

20.3.  Nothing in this clause 16 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

  1.  Notices

21.1.  BLUSH AFFLUENT hereby selects UNIT 2,28 BERNIE STREET,KYA NORTH PARK,KYA SANDS, Johannesburg, South Africa, 1700 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). BLUSH AFFLUENT  may change this address from time to time by updating these Terms and Conditions. 

21.2.    You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving BLUSH AFFLUENT not less than 7 days’ notice in writing.

21.3.  Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –

21.3.1.  by hand will be deemed to have been received on the date of delivery;

21.3.2.  by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

21.3.3.  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” FUNCTION to serve as proof that an email has been received.

 

  1.   BLUSH CONSULTING (PTY)LTD T/A BLUSH AFFLUENT information

For the purposes of the ECT Act, BLUSH AFFLUENT  information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website: BLUSH CONSULTING (PTY)LTD T/A BLUSH AFFLUENT

22.1.  Full name: , BLUSH CONSULTING (PTY)LTD T/A BLUSH AFFLUENT a private company registered in South Africa with registration number 2016/289603/07

22.2.  Main business: BLUSH CONSULTING (PTY)LTD T/A BLUSH AFFLUENT INTERIORS

22.3.  Physical address for receipt of legal service (also postal and street address): UNIT 2 , BERNIE STREET, 28 KYA NORTH PARK , KYA SANDS, JOHANNESBURG  (marked for attention: Managing Director) 

22.4.  Phone number:  +27 010 213 4281

22.5.  Email address: INFO@BLUSHAFFLUENT.COM

 

  1.  General

23.1.  Blush Affluent 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.

23.2.  You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

23.3.  Any failure on the part of you or Blush Affluent to enforce any right in terms hereof shall not constitute a waiver of that right.

23.4.  If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

23.5.  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.

23.6.  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.

23.7.  These Terms and Conditions contain the whole agreement between you and Blush Affluent  and no other warranty or undertaking is valid, unless contained in this document between the parties.