Terms and Conditions

Terms and Conditions

Introduction

Localnest is a South African online local clothing retail business. The business website can be found at www.localnest.co.za 

These Terms and Conditions are binding and enforceable against every person that accesses or uses this website. By using the website, you are agreeing to the terms and conditions of the website.

The website allows for a range of clothing items to be purchased from local clothing brands/manufacturers.

If you do not understand any of the terms and conditions from either the vendor or Localnest, it is your responsibility to clarify with the relevant party. 

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation.

Localnest 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.

Returns and Refunds

Localnest is simply a platform for the products to be purchased by customers as well as uploaded by the local clothing brands/manufacturers. Localnest is not responsibility for the delivery of the products. The Vendors each have their own delivery and refund policies. The vendors are responsible for the delivery of their products and are responsible for handling the returns and any potential defects.

In the case of a requested refund from a customer, Localnest will pay 5% of the initial 6% commission back to the vendor. 1% of the initial 6% commission goes to a PBO or NPO and therefore will not be paid back to the vendor. Localnest will refund the vendor when the vendor informs Localnest of a requested refund from a customer that is valid and accurate, however it is the responsibility of the vendor to refund the customer according to their own personal refund policies that must be in written in their store ‘Return policy’ section.

If the customer would like to swop purchased products for a different product from the same vendor it must be discussed and communicated between the customer and the vendor.

Return policies, cancellations and shipping vary for each vendor, therefore it is the responsibility of the purchaser to read carefully the vendors terms and conditions for their store.

General

Localnest may by their own discretion update, modify or 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 conduct any further business via the website.

Localnest may edit and/or fix any errors or products that are not uploaded correctly or professionally. This is done to ensure that overall appearance and functionality of the website is of a high standard.

Any unwanted, degrading or offensive content, prints or descriptions may be removed at our discretion. If content is posted by brands (on their own social media accounts or platforms) that are selling on or associated with Localnest is offensive, unwanted, indecent, incorrect or rude, it may result in that brand being suspended or deleted from the Localnest website.

Localnest are able to choose whether or not to accept a vendor who has applied. Application to become a vendor does not mean that you are guaranteed to become a vendor.

When uploading your personal information, it is up to you to ensure that it is accurate and correct to the best of your knowledge.

By using our website, you agree to notify Localnest immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

Use of the website is completely at your own risk and therefore you assume full responsibility for any loss resulting from the use of the website or it’s information.

Localnest 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. Localnest thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the website.

In the case of accidental inaccurate information displayed by Localnest or a vendor, we cannot be held liable or bound and it is our request that if anyone is to find a mistake, they are to make the relevant party aware of such a mistake.

Localnest takes reasonable measures to ensure that the content of the website is accurate and up to date.

Only under specifically defined situations will there be warranties on the goods sold on Localnest. All products and information are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as allowed in law.  

By using the website, it is assumed that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may only use the website with the supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the website.

You may not use the website to display material which is offensive or amounts to hate speech or is otherwise unlawful.

Should anyone fail to comply with the obligations of these terms and conditions, and/or payment of an order, and you fail to remedy such a failure within 7 days of us notifying you, you may be suspended from the use of the website.

Purchasers may place orders for goods, which Localnest or the vendors may accept or reject.  Acceptance of an order depends on the availability of goods and accurate information relating to the goods, as well as a receipt of goods.

Localnest are not responsible for any breach, cancellation and/or termination of contract between the vendors and the purchaser.

If the vendors have recurring complaints from customers on failure to perform, they may be removed as a vendor. We will do as best as reasonably possible to support these struggling vendors while they are part of the Localnest website, until their failure effects the website’s reputation or the surrounding brands.

Currently, cash-on-delivery is not a payment option and vendors are required to have a bank account so that Localnest can deposit money into the vendor’s bank account when required to do.

It is up the vendor to monitor their own stock and ensure that all the products that they have available for purchase on Localnest is correct and true.

Localnest may review the commission structures and payment terms to vendors every six months.

When goods are no longer available for purchase after the consumer has paid for it, they can either wait for stock to come in or be refunded for the purchase, subject to the confirmation of this by the vendor.

Localnest may at any point suspend or terminate operation of the website or a user’s use of the website.

These terms and conditions and our relationship and/or any dispute arising from or in connection with these terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

Security

We use SSL, which stands for Secure Socket Layer, to secure a person’s connection to our website. At the top of your browser a lock icon will be displayed, indicating that your connection to a website is secure.

At Localnest we do not store your credit card or any payment details.

Third Parties

Localnest will not be held responsible for any unfortunate event as a result from a third party.

We will not be held liable for any unfortunate result of information disclosed by third parties as we do not regulate their use of information.

Personal Information and Privacy

Localnest are committed to provide a safe, secure and reliable website and will not do anything to the best of our ability or knowledge to jeopardize any privacy or information of a user.

Purchasers and vendor’s privacy are of utmost importance to us.

If any of your information changes, you are expected to make the necessary changes so that our records and information of all vendors and customers and updated and correct.

We are committed to privacy and confidentiality and will never sell your information to third parties.

Only parties who need to know your information for the working of the website will be able to view it. This is to assist parties in communicating properly and efficiently.

By using the website, you agree to important, vital and necessary information being sent to you via email.

Should you request, we will promptly return or destroy any and all of your personal information in our possession or control and we will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

We will not be held liable for any unfortunate result of information disclosed by third parties as we do not regulate their use of information.

NPOs and PBOs

Non-profit organisations and public benefit organisations, will benefit 1% of all sales on Localnest.

These Terms and Conditions contain the agreement between the user of the website and Localnest and no other warranty or undertaking is valid, unless contained in this document between the parties.