Terms & Privacy Policy
Usage
1.1 Your use of this and other websites of Backstitch Upholstery and Furniture is subject to the terms and conditions set out below, including, but not limited to, the documents that are referred to in some of the clauses.
1.2 You should read the terms and conditions carefully before you access any website or participate in any chatroom, newsgroup, bulletin board, mailing list, transaction, or other online forum of Backstitch Upholstery and Furniture.
1.3 By using these websites, you acknowledge that you have read these terms and conditions and agree to be bound by and comply with them.
Intellectual Property Rights
All intellectual property on this Website, including without limitation the Content, trademarks, logos, branding, domain names, patents, design elements, software, databases, text, graphics, icons, and hyperlinks, is the sole and exclusive property of or is licensed to Backstitch Upholstery and Furniture. Subject to the rights licensed to the User herein, the User undertakes not to use, duplicate, copy, reproduce, redistribute, disseminate, adapt, display, alter, reverse engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, or retransmit in any form or by any means (electrical, mechanical, photo reproduction, recordation or otherwise) or otherwise deal with such intellectual property viewed, downloaded, or otherwise retrieved from this Website without the prior written consent of Backstitch Upholstery and Furniture.
All rights not expressly granted in these terms and conditions are reserved. Any use of Backstitch Upholstery and Furniture’s proprietary information by a User other than as expressly authorised herein may violate intellectual property laws and other regulations and statutes and may be liable for criminal prosecution and/or civil liability.
Electronic Communications
3.1 When you visit the website and during that visit complete a web form to request information or when you send an e-mail to Backstitch Upholstery and Furniture, and do not explicitly request a non-electronic communication medium, you consent to receiving communications from Backstitch Upholstery and Furniture electronically and agree that all agreements, notices, disclosures, and other communications sent by Backstitch Upholstery and Furniture satisfy any legal requirements, including, but not limited to, the requirement that such communications be “in writing.”
3.2 You acknowledge and accept that the action of clicking on specified buttons on certain web forms on Backstitch Upholstery and Furniture sites may constitute an expression of intent or other statement.
Linking and Framing
4.1 This Website may contain links to other websites operated by parties other than Backstitch Upholstery and Furniture. The User is advised to use caution and discretion when searching or accessing such links. Links from this Website are provided as a service for the convenience of the Users of this Website. As Backstitch Upholstery and Furniture has no control over such websites, the User acknowledges and agrees that Backstitch Upholstery and Furniture will not be liable for any Content on or available from such websites. In providing such links, Backstitch Upholstery and Furniture does not in any way, expressly or implicitly, endorse or accept the linked websites or their respective Content. Backstitch Upholstery and Furniture gives no warranty or guarantee and makes no representation in respect of such linked websites. The User further acknowledges and agrees that Backstitch Upholstery and Furniture shall not be liable, whether directly or indirectly, and hereby indemnifies Backstitch Upholstery and Furniture from and against any and all damage or loss caused or sustained by or alleged to be caused or sustained by the User in connection with the use, inability to use, or reliance on the Content available on such linked websites.
4.2 Backstitch Upholstery and Furniture should be notified in advance of any links to its Website from external websites and reserves the right to disable any unauthorised links. Deep linking to and framing of pages and Content on this Website are prohibited.
Using Search Technology
5.1 The use of search technology, such as “web-crawlers” or “web-spiders,” to search and gain information from this website is not permitted if such technology results in slowing down this website or infringes the intellectual property rights of Backstitch Upholstery and Furniture.
Disclaimer
6.1 Backstitch Upholstery and Furniture makes no representations or warranties, implied or otherwise, that the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error-free. Users are encouraged to report any possible malfunctions and errors.
6.2 These websites are supplied on an “as is” basis and the User agrees that they are used at their own risk. These sites have not been compiled or supplied to meet the User’s individual requirements. It is the sole responsibility of the User to ensure that the service available from and through these websites will meet the User’s individual requirements and will be compatible with the User’s hardware and/or software.
6.3 Information, ideas, and opinions expressed on this site should not be regarded as professional advice or the official opinion of Backstitch Upholstery and Furniture unless expressly indicated otherwise.
6.4 All items purchased from Backstitch Upholstery and Furniture, including study material, are made pursuant to agreements with shipping, delivery, or transmission agents, and the risk of loss passes from Backstitch Upholstery and Furniture to such agents upon delivery of any item to such carrier.
6.5 Neither Backstitch Upholstery and Furniture nor any of its agents or representatives shall be liable for any damage, loss, or liability of whatsoever nature arising from the use or inability to use any product sold on this website.
6.6 Backstitch Upholstery and Furniture does not screen or edit all content, including postings of any kind, on the various Backstitch Upholstery and Furniture sites and does not accept any liability for illegal, defamatory, or obscene content. You are encouraged to notify Backstitch Upholstery and Furniture of any content that may be offensive or illegal.
6.7 No information or data on this website constitutes an offer to do business but is merely an invitation to do business.
6.8 No agreements shall be concluded merely by sending a data message to Backstitch Upholstery and Furniture. Valid agreements require an acceptance of an offer from Backstitch Upholstery and Furniture.
6.9 No e-mail message shall be deemed to have been received by the institution until the complete data message enters the Backstitch Upholstery and Furniture mail server and is capable of being retrieved and processed by the addressee.
Terms of Agreement and Guarantees
7.1 The terms, rules, and regulations, including but not limited to cancellations and refunds, that apply when a person registers as a student at Backstitch Upholstery and Furniture are presented in the Backstitch Upholstery and Furniture Terms and Conditions, which are available on request.
7.2 If a User is not satisfied with goods purchased from Backstitch Upholstery and Furniture, they may or may not return such goods as specified on the relevant order form on the site, subject to a cooling-off period of 7 days after the date of receipt of such goods.
7.3 If Backstitch Upholstery and Furniture supplies the wrong product or if the product is in any way faulty or damaged, Backstitch Upholstery and Furniture will exchange it for the correct one. Backstitch Upholstery and Furniture will make a reasonable effort to exchange the product, but if replacement is not possible, Backstitch Upholstery and Furniture will refund the purchase price, including delivery cost, within 30 days.
7.4 If the User is not satisfied with their choice and the product is still in mint condition, the User may return it, and Backstitch Upholstery and Furniture will refund the purchase price—excluding delivery costs—within 30 days.
7.5 Note that once opened, the following types of goods will not be accepted for a refund and will only be replaced with another copy of the same product: audio tapes, CDs, videos, DVDs, and computer software.
7.6 The terms of agreement will apply for the period that a person is a registered student at Backstitch Upholstery and Furniture or until other transactions, such as the purchasing or borrowing of goods from Backstitch Upholstery and Furniture, have been concluded in accordance with the terms applicable to such transactions.
Severability
8.1 These Terms and Conditions of Use constitute the entire agreement between Backstitch Upholstery and Furniture and you, the User of this website. Any failure by Backstitch Upholstery and Furniture to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
8.2 In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions, which shall remain enforceable and applicable.
Governing Law
9.1 This site is hosted, controlled, and operated from the Republic of South Africa and is therefore governed by South African law, subject to the terms of Public International Law.
Privacy
10.1 Backstitch Upholstery and Furniture is committed to protecting our users’ privacy.
10.2 Backstitch Upholstery and Furniture only collects personal information when users provide such information voluntarily, e.g., when they wish to register for studies at Backstitch Upholstery and Furniture, when they register to use the online services, or when they request information and wish to receive such information via e-mail.
10.3 In some cases, non-personal information, such as the user’s domain and IP address, is stored on the user’s computer as a cookie file and in a statistics file on the web server. This information is used to improve the service offered to users.
10.4 The collected personal information is stored in databases to which access is strictly controlled and is available only to staff who, in the course of their duties, need to have access to such information.
10.5 No personal information about a user will be disclosed to third parties without the user’s permission or due process.
10.6 By using this website, the user consents to the following:
10.6.1 Backstitch Upholstery and Furniture may use personal information about the user to communicate with the user from time to time.
10.6.2 Backstitch Upholstery and Furniture may use the user’s information for non-personal statistical purposes.
Security
11.1 All reasonable steps will be taken to secure a user’s information.
11.2 Users undertake not to divulge their usernames and passwords to any other person.
11.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any information on this website, or to deliver or attempt to deliver any unauthorised, damaging, or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging, or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that Backstitch Upholstery and Furniture suffers any damage or loss, civil damages will be claimed.
Changes and Amendments
12.1 Backstitch Upholstery and Furniture expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria, information, prices, and rates quoted on its websites without prior notice.
12.2 Backstitch Upholstery and Furniture may, in its sole discretion, change the terms and conditions of using its websites at any time without prior notice.
Disputes
13.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in or arising out of this agreement, South African law will apply and the appropriate courts of South Africa will have jurisdiction.
Domicilium
14.1 Backstitch Upholstery and Furniture chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communications of whatsoever nature.
Term and Termination
15.1 This agreement shall commence when the User starts using the Backstitch Upholstery and Furniture websites and continues indefinitely until terminated by Backstitch Upholstery and Furniture.
General Information
16.1 Backstitch Upholstery and Furniture may be visited or contacted at the following addresses:
Physical Address:
51 Kanarie St, Ninapark, Akasia, Pretoria, Gauteng, South Africa, 0156
Website: www.backstitch.co.za
E-mail: info@backstitch.co.za
Contact Nr: +27 82 441 0719
16.2 The Director of the business is Mr. Andre Smalberger.