These Terms of Service (“Terms”) govern your use of the Website and the purchase of Goods from us. By using our Website, you agree to comply with these Terms.
1.1 The websites located at halmanursery.com (the “Website”) are owned and operated by Halma Nursery CC (hereinafter referred to as “Halma Nursery”, “we”, “our” or “us”). These Terms form a binding contract between us and you, the User.
1.2 These Terms apply to any User who accesses, refers to, views, or downloads any information or material made available on the Website (hereinafter referred to as “User”, “you”, or “your”).
1.3 Your continued access to or use of the Website signifies your acceptance of these Terms. If you do not agree to these Terms, you may not use the Website.
1.4 We may modify these Terms from time to time. Any changes will take effect immediately upon posting on the Website, and your continued use will constitute acceptance of those changes.
3.1 Subject to your acceptance of these Terms, we grant you a limited, revocable, non-transferable license to access and use the Website in accordance with these Terms.
4.1 The Website enables you to shop for and purchase Goods for delivery.
11.1 If you are not satisfied with your purchase, you may return Goods within seven (7) days of receipt, provided they are unopened and in original packaging for a full refund. A 10% service fee applies to opened but unused Goods.
11.2 Users with outstanding payments will not be eligible for free returns.
13.1 The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true, and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.
13.2 The User further warrants that when registering on the Website it:
13.3 Further and insofar as the registration process is concerned, the User warrants that the Log in Details shall:
14.1 We make no representation or warranty (express or implied) that the Website or Services will:
14.2 Subject to any express terms, we make no representation or warranty as to the volume or subject area of Services accessible through the Website.
14.3 Except for any express warranties in these Terms, the Services are provided “as is.” Halma Nursery makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose, or non-infringement.
14.4 Halma Nursery does not warrant that the use of the Website will be uninterrupted or error-free, nor that we will review information for accuracy or that we will preserve or maintain the User’s Personal Information without loss.
14.5 Halma Nursery shall not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Halma Nursery. While a User may have statutory rights, the duration of any such statutory warranties will be limited to the shortest period to the extent permitted by required law.
15.1. We undertake, as far as is possible, to protect each User’s Personal Information in accordance with the Privacy Policy and not provide it to any third party, except as may be necessary in order to perform all such Services as required in terms of these Terms or otherwise in terms of the Privacy Policy.
17.1. The Website may contain links or portals to other websites. We have no control over websites operated by third parties, and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
21.1.1. We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.
21.2.1. The failure of either Party to fulfil any of their obligations under these Terms shall not be considered a breach or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care, and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.
21.2.2. During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continue for more than 14 (fourteen) days by giving written notice to the other.
21.3.1. To the extent permitted by law, these Terms shall be governed by and construed in accordance with Namibian law, and any dispute arising out of these Terms shall be submitted to the competent Namibian courts having the requisite jurisdiction to hear the matter.
21.3.2. To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the Namibian courts or an alternative appropriate court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.
21.4.1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
21.5.1. The User and Halma Nursery choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary under these Terms, the following:
21.5.2. Both the User and Halma Nursery may change their domicilium to any other physical or email address by written notice to the other. Such change of address will be effective 7 (seven) days after receipt of notice of change.
21.5.3. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, even if not delivered per the above format.
The Website is run by Halma Nursery CC with the following company details:
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