1. Introduction
    1. This website can be accessed at blessedtombstones.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Blessed Stone Online (RF) (Proprietary) Limited (“Blessed Stone”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”),
    4. The Website enables you to shop online for one or more tombstone.
    5. When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for returns collections, is a delivery address within the borders of the Republic of South Africa.
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. Goods remain property of Blessed Stone Tombstones until paid in full.
    3. 70% deposit on straight out orders, Lay-buy orders to be paid in full before manufacturing starts.
    4. We are not held liable for ground shifting that may take place if no stoep has been laid down.
    5. All building work to be completed in advance.
    6. Additional fees apply if groundwork needs to be done.
    7. Manufacturing period up to 48 working days.
    8. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Blessed Stone or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Blessed Stone or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    9. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    10. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Blessed Stone to explain it to you before you accept the Terms and Conditions or continue using the Website.
    11. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Blessed Stone in terms of the CPA.
    12. Blessed Stone permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  3. Returns
    1. Please refer to our Returns Policy for more information about returning products (and repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  4. Conclusion of sales
    1. Registered users may place orders for Goods, which Blessed Stone or the Third Party Seller may accept or reject. Whether or not Blessed Stone accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Blessed Stone for the Goods.
    2. NOTE: Blessed Stone will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Blessed Stone or the Third Party Seller come into effect (the “Sale”).This is regardless of any communication from Blessed Stone stating that your order or payment has been confirmed. Blessed Stone will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Blessed Stone, Blessed Stone will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Blessed Stone will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
    4. In the case of Goods for sale by a Third Party Seller, Blessed Stone relies on inventory information supplied by the relevant Third Party Seller and Blessed Stone accordingly bears no liability for any inaccuracies in the information supplied to it.
  5. Payment
    1. Whether the Goods are for sale by Blessed Stone or a payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
      1. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Blessed Stone will not accept your order if payment has not been received;
      2. Instant EFT;
    2. You may contact us via our Help Centreto obtain a full record of your payment. We will also send you email communications about your order and payment.
  6. Delivery of goods
    1. Blessed Stone offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
      1. Delivery; or
      2. self-collection.
    2. For more information about delivery, please see our Help Centre, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the Help Centre for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
    3. Where it accepts your order, Blessed Stone will deliver the Goods to you as soon as reasonably possible. We will notify you if we are unable to deliver the Goods during the Delivery Period.
    4. Blessed Stone obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Blessed Stone is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
  7. Errors
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
    2. Blessed Stone shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
  8. Privacy policy
    1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
  9. Changes to these Terms and Conditions
    1. Blessed Stone 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.
    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.
  10. Electronic communications
    1. 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 15 above.
  11. Ownership and copyright
    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 Blessed Stone, its advertisers and/or sponsors and/or is licensed to Blessed Stone.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    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 us via our Help Centre.
    4. Where any of the Website Content has been licensed to Blessed Stone 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.
  12. Disclaimer
    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.
    2. Whilst Blessed Stone takes reasonable measures to ensure that the content of the Website is accurate and complete, Blessed Stone 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. If any such representations or warranties are made by Blessed Stone’s representatives, Blessed Stone shall not be bound thereby.
    3. Blessed Stone disclaims liability for any damage, loss or expenses, 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.
    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.
    5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Blessed Stone 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 Blessed Stone, its employees, agents or authorised representatives. Blessed Stone 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.