Introduction

• • These Terms and Conditions (“the Terms and Conditions”) govern the relationship with yourself (“the Customer”) and OLLY HEALTH (“the Provider”) and OLLY HEALTH’s website located at the domain name ollyhealth.co.za (“the website”). By accessing and using the website, the Customer agrees to be bound by the Terms and Conditions set out in this legal notice.  The Customer, or any unauthorized party,  may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without obtaining the prior written consent of OLLY HEALTH.

Electronic Communications

• • • By using this website or communicating with the Provider by electronic means, the Customer 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.

E-Commerce & Privacy

• • The website, www.ollyhealth.co.za sells quality medical furniture online (“the product”). The use of any product bought from this Website is at the customer’s risk. The customer / user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the website. 
  • The private information required for executing the orders placed through the website, namely the Customer’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product, as and when the need arises.  Furthermore, please note that a customer’s credit card details are not kept by the Provider under any circumstances.
  • The Provider cannot be held responsible for security breaches occurring on the Customer’s electronic device (Personal Computer or other electronic device used to browse the website), which may result due to the lack of adequate virus protection software or spyware that the Customer may inadvertently have installed on his/her device.
  • The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the Customer’s chosen delivery address.

The Goods and Delivery Methods

• • The Provider, as alluded to above, is in the business of selling quality medical furniture. The provider procures these goods through its various suppliers, and same is collected from the supplier on the day the good is to be delivered to the customer.
  • The Provider will undertake all deliveries to customers 7 to 14 days after the order is placed and will only in exceptional circumstances deliver on at an earlier or later time.  This provision is subject to change at any point by the Provider, by placing a notice on the Provider’s website and social media platforms.  The Provider is unable to provide the exact time of delivery and will keep the customers apprised of the developments on the day of delivery.

Payments

• • The customer will be required to make payment within 48 hours of placing their order(s) by means of making a direct payment into the Provider’s bank account or immediately by making payment using Payfast’s online payment system, whichever is convenient to the customer.

Online Payments – Payfast

• • All online credit card payments are processed by Payfast – A DPO Company (“the Merchant”). Card Holders may go to www.payfast.co.za to view Payfast’s security policies.

Refund and Return Policy

• • The provision of goods and services is always subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days. Cancellation of orders by the client will attract a 20% charge for administration costs. 
  • The Provider reserves the right to cancel an order for which payment has already been received in instances where stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the Customer will receive a full refund with no deductions whatsoever.
  • Any complaints regarding the standard and quality of the product or products bought by consumers through the website should be directed to complaints@ollyhealth.co.za.

Updating of these Terms and Conditions

• • The Provider reserves the rights to, wholly or in part, change, modify, add or remove from these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.  It is the Customer’s obligation to periodically check these Terms and Conditions on the website for changes or updates.  The Customer’s continued use of this Website following the posting of changes or updates will be considered notice of the Customer’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights

• • The Provider provides certain information on their website and content currently or anticipated to be displayed on this website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright in favour of the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and are protected by South African and international copyright laws.  The Providers reserve the right to make any changes to the website, the Content, or to products and/or services offered through the website at any times and without notice.  All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the Customer is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limitation of liability

• • The website and all content on the website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content.  Neither the Provider, nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.

Privacy: casual surfing

• • The Customer may visit the website without providing any personal information. The website servers will in such instances collect the IP address from the Customer’s computers, but not the email address or any other distinguishing information.  This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc.  The Provider uses this information to determine use of the website, and to improve Content thereon.  The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Choice of Law

• • This website is controlled, operated and administered by 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 Customer may not use this Website in violation of South African export laws and regulations.  If the Customer 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 Customer consents to the jurisdiction of the Magistrates Court in the Randburg Magisterial District 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 Customer with regard to the use of the content and this Website.