Top Carpets Terms & Conditions
TERMS AND CONDITIONS
Welcome to the topcarpetsandfloors.co.za Website (“the Site”). These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Website registered in the name of Top Carpets and Floors (“the Provider”) located at the domain name topcarpetsandfloors.co.za (“the Website”).
Please review these Terms and Conditions carefully before using this Website. Your use of this Website indicates your agreement to be bound by these Terms and Conditions. The User may not access, display, use, modify, alter, publish, broadcast, sell, transfer, download, and/or otherwise copy or distribute content obtained on the Website for marketing and other purposes without the express prior written consent of the Provider. To obtain permission for the commercial use of any of the content on the Website contact The Site Administrator at +27 (0)31 566 4855 or the Provider.
The Provider hereby grants the User permission to view electronically and to copy and print in hard copies portions of this Website for the sole purpose of browsing the Site and submitting a query, or for your personal non-commercial use only.
All products supplied by the Provider are subject to the Terms & Conditions as stipulated by the various Manufacturers and Distributers with whom the Provider engages. The Terms & Conditions of these Manufacturers/Distributors may differ. In most cases these Terms & Conditions are linked to Usage and Maintenance so it is advisable to reference our Maintenance section.
SITE CONTENT AND LIMITATION OF LIABILITY
The use of the content on this Website is for information purposes only. In the unlikely event of any information on the Website containing typographical errors, technical or other inaccuracies, or omissions that may relate to product descriptions, pricing, and availability, the Provider, their employees, agents or representatives cannot be held responsible for any direct, indirect, incidental or consequential damages of whatsoever kind that may arise from the access to or the use of the Website or any information contained in it including any erroneous, inaccurate or omitted information found on the Website or for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this Site. All content on this Website is provided “as is” and “as available” without warranty of any kind. The Provider reserves the right to correct any errors, inaccuracies or omissions and to change or update the
content at any time without prior notice (including after you have submitted your order). We apologise for any inconvenience this may cause you.
The Provider cannot screen or edit all the content available on the Site and cannot accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform the Provider of any content that may be offensive or illegal. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of the Provider and Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site. This Website may include links to other websites. These links are provided for information purposes only and the Provider, its employees, agents and representatives cannot be held liable for the Content displayed in these other websites. Your access and use of such websites remains solely at your own risk.
We have made every effort to display as accurately as possible the colours of our products that appear on the site. However, swatch colours represented on the website may differ slightly from the actual product. Due to potential colour differences among computer monitors and operating systems, we cannot guarantee that the colour you see on your screen is an exact colour reproduction of the finished product. We recommend viewing a product swatch to get a true indication of colour. Request a samples from your dealer, or visit one of our showrooms. However please appreciate colours in samples may also slightly differ from the actual product installed because of dye lot variations. All suppliers apply the “Grey Scale” when determining this factor.
We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the Site (“Comments”), but please note that the Provider will not be obliged to respond to, maintain or compensate you in any way whatsoever for your Comments. Once disclosed, submitted or offered, your Comments shall become the property of the Provider. The Provider will thus exclusively own all such rights, title and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Comments. You warrant that the Comments disclosed, submitted or offered by you to the Site do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary rights. You agree not to disclose, submit or offer any Comments that will be or will contain any defamatory, unlawful, abusive or obscene material. The Provider disclaims any liability towards any third party regarding your Comments and you shall remain solely accountable towards any third party regarding the Content of your Comments.
COPYRIGHT AND INTELLECTUAL PROPERTY
Copyright 2016 © Top Carpets and Floors (Pty) Ltd
*All trade marks, copyright, database rights and other intellectual property rights in the content of this Website are owned by the Provider.
All other use of the content on this Website except as provided for above without the express prior written consent of the Provider and the lawful trade mark owner(s) and / or copyright holder(s) is strictly prohibited and may constitute unlawful use and infringement of the intellectual property rights of the Provider and such trade mark and / or copyright owner(s). All data and information communicated to or from the Website remain and shall be the sole property of the Provider. All trade marks, logos and trade names appearing on this Website are trade marks of the Provider, save for those which are owned by other manufacturers and retailers of products, logos and trade marks which may be offered on this Website. Nothing contained in this Website shall be construed as granting, by implication or otherwise, any license or right to use any of the trade marks or logos displayed on this Website without the express prior written consent of the Provider or of the other manufacturers or retailers of products, logos or trade marks which may be offered on this Website.
Your use of any of the trade marks, logos and products displayed on this Website or in any of its content is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trade marks, logos, trade names or brand names appearing on this Website. You, further, undertake not to infringe any rights of the Provider in respect of its intellectual property including its trade marks, logos and copyright. For purposes hereof, the use of the trade marks and logos on any other websites or network computer environment is prohibited. All rights not expressly granted are strictly reserved.
Any personally identifiable information provided by Users will not be disclosed to any third parties unless the Provider has your express prior written consent. The Provider may share aggregated statistical information about the use of our Website with our business partners but such information shall not include personal information.
Last updated: June 23, 2021
INTERPRETATION AND DEFINITIONS
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Carpet Purchasers PTY Ltd, Unit 1, Falcon View, 7 Mountain Ridge Road, New Germany, Durban .
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: South Africa
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Top Carpets and Floors, accessible from https://topcarpetsandfloors.co.za/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
COLLECTION AND USING YOUR PERSONAL DATA
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies?.
We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential CookiesType: Session CookiesAdministered by: UsPurpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Functionality CookiesType: Persistent CookiesAdministered by: UsPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By visiting this page on our website: https://topcarpetsandfloors.co.za/top-carpets-terms-conditions/
CHOICE OF LAW
This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Durban High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and
effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the content and this Website.
By using this Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
UPDATING OF THESE TERMS AND CONDITIONS
The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions shall become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
You agree to indemnify, defend and hold the Provider harmless from any liability, loss, claim and expense related to your breach of these Terms and Conditions.
REMARKETING AND DEMOGRAPHIC TARGETING
In accordance with some of Google’s recent compulsory policies, we herewith inform you that we might be tracking your cookies as our web site / company is currently undertaking Google AdWords remarketing of any other Google AdWords feature that tracks such cookies.
By visiting this site, you agree that certain of our Google AdWords remarketing and or other advertisements can follow you as you visit other web sites that forms part of Google’s Display Network (GDN).
Note that we shall under no circumstances be utilizing any personally identifiable information as obtained through our Google AdWords remarketing campaign in any other related marketing endeavours – online or otherwise. (Such restricted utilization of information includes the sharing of such with third parties.)
The Company shall under no circumstances be using any sensitive information of any nature on any of our remarketing tags.
The Company shall duly endeavour to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns. (In instances of possible non-conformity to such, the Company shall endeavour to rectify such in a prompt manner.)
You may opt out of seeing advertisements for web site, by simply clicking here: – http://www.google.com/policies/technologies/ads/.
We have implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords platform.