Terms and Conditions

"I Accept"

By clicking on this "I Accept" button, you agree and, to the extent allowed by law:

  • Bind yourself to these terms and conditions, which terms include certain terms limiting the Hope Factory's liability and requiring you to assume risk or liability and to indemnify The Hope Factory against certain loss and liability;
  • Expressly accept the privacy provisions included in clause 12 and be bound thereby;
  • Expressly consent to allow the Hope Factory to collect, receive, record, organise, collate, store, update, modify, retrieve, alter, consult, use, disseminate, disclose and process personal information as provided for in clause 12; and
  • Accept the website terms of use, the terms of which are expressly incorporated herein by reference.

    • If you do not accept these terms and conditions in full, your order of goods from this website will be deleted immediately, and you will not be able to purchase any goods from the Hope Factory.

    STANDARD TERMS AND CONDITIONS OF SALE OF THE HOPE FACTORY

    The Hope Factory, VAT number 4960216531, 7 Zulberg Close, Bruma Lake, 2198 ("Hope Factory")

    1. PURCHASE AND SALE

      These terms and conditions will apply to your purchase of the goods ("Goods") as specified in the accompanying order form ("Order") and to the sale of Goods ("Sale") from the Hope Factory to you and will together with the Order be the sale agreement between you and the Hope Factory ("Agreement"), once the Order has been Confirmed by the Hope Factory under 3 below. The placement by you of the Order constitutes an irrevocable offer to purchase the Goods on these terms and conditions.

    2. PRICE OF GOODS

      1. The price of the Goods will be the price for such Goods displayed in the online catalogue on the Hope Factory's website ("Catalogue") at the date and time on which the Order is made by you or such other price as specifically agreed between you and the Hope Factory.
      2. The price of Goods ("Purchase Price") displayed in the Catalogue will also specify all value-added tax ("VAT"), delivery and other costs.

    3. ORDER, DEPOSIT AND CANCELLATION

      1. You will be required to place an Order online on the Hope Factory's website or by email to the sales department of the Hope Factory ("Sales Department").
      2. The Sales Department will contact you to confirm ("Confirm", and "Confirmation" has a corresponding meaning) the details of the Order and the anticipated delivery date ("Delivery Date") and will send you an invoice ("Invoice") requesting a 50% deposit ("Deposit") subsequent to such Confirmation. You agree to pay such Deposit, before the Delivery Date, into the bank account of the Hope Factory, the details of which will be provided to you in the Invoice.
      3. In the event that you wish to cancel the Order for any reason whatsoever, you may only do so to the extent that you have a right to do so in law, or otherwise to the extent that Hope Factory agrees in writing to permit you to do so. In all such circumstances, the Hope Factory reserves the right to charge you a reasonable cancellation fee ("Cancellation Fee"), to the extent allowed by law, and may deduct this Cancellation Fee from the Deposit received from you.

    4. PAYMENT OF INVOICE

      1. On or before the Delivery Date or such other date as agreed between you and the Hope Factory in writing, you must pay the Hope Factory the Purchase Price in cash or direct deposit into the bank account of the Hope Factory as specified on the Invoice
      2. Should you fail to pay the Purchase Price on the due date thereof, interest shall accrue on the unpaid amount at the maximum rate permissible from time to time from the due date of payment until the Purchase Price is fully paid.

    5. DELIVERY

      1. Unless otherwise agreed between you and the Hope Factory, the Goods shall be delivered at your cost on the Delivery Date or as soon as reasonably possible thereafter or on such other date as may be agreed with you, to the address specified by you in the Order, or such other address as may be agreed with the Hope Factory.
      2. You will be entitled and required to examine the Goods upon delivery to ensure that the Goods are of a type and quality reasonably expected by you and that the Goods conform to the requirements of the Order. You will receive a delivery note ("Delivery Note") upon delivery of the Goods and be required to sign such Delivery Note as an acknowledgment that you had a reasonably opportunity to examine the Goods and that the Goods conform to the above.
      3. The risk in the Goods passes to you upon the Goods being delivered to the Delivery Address, but ownership in the Goods will only pass to you once the Purchase Price has been settled in full.

    6. RETURNS AND REFUNDS

      Without prejudice to your rights, if you are a consumer protected by the Consumer Protection Act (as defined under clause 14.2 below) and any of the Goods contains any defect, failure, hazard or is otherwise unsafe (all as defined in section 53 of the Consumer Protection Act) or otherwise does not comply with section 55 or 56 of the Consumer Protection Act ("Defective Goods"), then you may within a period of 6 months after delivery of the Goods to you, return the Defective Goods to the Hope Factory, and which will at your direction either repair or replace the Defective Goods, or refund to you the Purchase Price paid in respect of the Defective Goods.

    7. COOLING-OFF PERIOD

      1. If you are an individual buying Goods by means of an electronic transaction, and the Goods are not made to your specifications and are not clearly personalised, then section 44 (Cooling-Off Period) of the Electronic Communications and Transactions Act No 25 of 2002, as amended, shall apply and you shall be entitled to cancel this agreement without reason or penalty within seven days after the date of receipt of the Goods, and the Hope Factory can charge, deduct and/or retain an amount equal to the direct cost of returning the Goods.
      2. If the cooling-off period under clause 7.1 does not apply, and you are a consumer protected by the Consumer Protection Act (as defined under clause 14.2 below) and are buying the Goods as a result of direct marketing, then you will be entitled (under section 16 (Consumer's right to cooling-off period after direct marketing) of the Consumer Protection Act) to cancel this agreement within five business days after the date on which the transaction or agreement was concluded or the Goods are delivered to you, whichever is the later date, by completing and sending to the Hope Factory the notice attached as Annexure A.

    8. WARRANTIES AND LIABILITY

      1. To the extent allowed by law, you agree that the Hope Factory shall not be liable to you or any other person or entity whatsoever in respect of (and you or any such person or entity shall have no claim against the Hope Factory and you hereby indemnify and hold the Hope Factory free from liability in respect of) any loss or damage:
        1. Caused by or arising from any fact or circumstance beyond the reasonable control of the Hope Factory;
        2. Which is consequential or incidental loss or damage; and/or
        3. of whatever nature and howsoever arising from or in connection with any Order and/or Sale.
      2. To the extent allowed by law, the Hope Factory disclaims all liability as to the quality, accuracy or fitness for any particular purpose of the Goods.
      3. To the extent allowed by law, the Hope Factory's liability shall in any event and under all circumstances be limited to the replacement of defective Goods.

      This clause limits and excludes obligations, liabilities and legal responsibilities which the Hope Factory will have towards you and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

    9. INDEMNITY

      To the extent allowed by law, you hereby indemnify and hold the Hope Factory free from liability for loss or damage of whatever nature and howsoever arising from any Order and/or Sale and/or your failure to comply with any provision and/or obligation under this Agreement, provided that nothing in this clause requires you to indemnify the Hope Factory against any loss arising from section 61 of the Consumer Protection Act (defined in clause 14).

      This clause constitutes an assumption of risk and/or liability by you under which you indemnify the Hope Factory against certain liability, and may result in you being liable for additional costs and liability.

    10. BREACH

      Should either party ("defaulting party") fail to observe or perform any of the terms, conditions or obligations in this Agreement and fail to remedy such breach within a period of 20 business days' prior written notice specifying the breach and requiring it to be remedied, then the other party ("innocent party") shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, immediately to claim specific performance of the defaulting party's obligations under this Agreement or to cancel any Order and/or Sale and recover all its costs related to such cancellation, including legal costs on the attorney and client scale.

    11. FORCE MAJEURE

      To the extent allowed by law, the Hope Factory shall not be liable to you in any manner whatsoever for any failure or delay or for the consequences of any failure or delay in the performance of this Agreement if it is due to any event beyond the reasonable control of the Hope Factory, including but not limited to strike, lock-out or other industrial dispute, acts of God, war, protest, fire, flood, storm, tempest, explosion, act of terrorism, riot, civil commotion, national emergency, breakdown of plant or machinery.

      This clause limits and excludes obligations, liabilities and legal responsibilities which the Hope Factory will have towards you and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

    12. PRIVACY

      1. This clause applies to all personal information collected or submitted to us when placing an Order or otherwise.
      2. The Hope Factory will only use the personal information submitted by you for purposes of executing the Order and communicating with you regarding your Order and for purposes relating to the implementation of this Agreement.
      3. The Hope Factory will not share any of your personal information with any third party except third parties such as couriers to enable them to execute your Order in terms of this Agreement.
      4. The Hope Factory will not use your personal information for any marketing purposes. Your personal information may be made available to affiliates of the Hope Factory within the group. Your personal information may also be made available, to the extent this is required by law or any order, notice or request of a regulatory authority.
      5. The Hope Factory shall use all reasonable precautions to protect your personal information. However, to the extent allowed by law, the Hope Factory shall not be liable to you or any other person or entity whatsoever in respect of the unauthorised disclosure of your personal information.

      This clause limits and excludes obligations, liabilities and legal responsibilities which the Hope Factory will have towards you and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you.

    13. GENERAL

      1. To the extent allowed by law, these terms and conditions together with the Order set out the whole of the agreement between you and the Hope Factory in regard to the subject matter thereof and there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which you are relying in concluding this agreement.
      2. Notwithstanding clause 13.1, you may have other rights granted to you by law, in addition to those set out in this Agreement, which the Hope Factory may not exclude. This Agreement is subject and without prejudice to, and does not affect, those other rights granted by law.
      3. Each provision of this Agreement shall only apply to the extent allowed by law.
      4. No extension of time or indulgence which the Hope Factory may grant to you shall constitute a waiver of any of the Hope Factory's rights, which shall not thereby by precluded from exercising any rights against you which may have arisen in the past or which might arise in the future.
      5. This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and, in the event of any conflict between or inconsistency in the laws applicable in the various provinces of the Republic of South Africa, the law as applied and interpreted in the Province of Gauteng shall prevail. The parties consent to the non-exclusive jurisdiction of the South Gauteng High Court in respect of any proceedings arising out of or in connection with this agreement.
      6. Any provision in this Agreement which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this agreement shall, as to such jurisdiction, to the extent of such prohibition or unenforceability, be ineffective and treated as having not been written (ie pro non scripto) and severed from the balance of this agreement, without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
      7. You agree that the Hope Factory may send any notice or notification arising under and/or contemplated in this agreement by electronic mail or other electronic communication to your contact details as specified in the Order. You also choose the physical address provided by you in the Order to be your domicilium citandi et executandi at which you agree to accept service of all legal process and notices arising from this agreement.
      8. Each of us chooses as our domicilium citandi et executandi at which we agree to accept service of all legal process and notices arising from this agreement, as follows:
        1. you : your physical address submitted in the Order; and
        2. The Hope Factory: 7 Zulberg Close, Bruma Lake, 2198.

    14. CONSUMER PROTECTION ACT

      1. Nothing in this Agreement:
        1. limits or exempts the Hope Factory from liability for loss arising from death or personal injury to you caused by any act or omission of the Hope Factory, or any loss directly or indirectly attributable to the gross negligence of the Hope Factory or any person acting for or controlled by The Hope Factory, to the extent that the law does not allow this; nor
        2. requires you to assume risk or liability for this kind of loss, to the extent that the law does not allow this.
      2. In these terms and conditions, "Consumer Protection Act" means the Consumer Protection Act No 68 of 2008, as amended, replaced or re-enacted from time to time. If this Agreement and/or any Goods provided under this Agreement are regulated by the Consumer Protection Act, it is not intended that any provision of this Agreement contravenes any provision of the Consumer Protection Act and therefore all provisions of this Agreement must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.