Terms & Conditions

Terms of Use

  1. Accepting These Terms

The Terms contained herein are a legally binding contract between you and House of Lezani (Pty) Ltd (hereinafter referred to as “House of Lezani”). In these terms and conditions, “we” “us” and “our” refers to House of Lezani (Pty) Ltd.  Your access to and use of all information on this website include the purchase of of the product/s provided is subject to the following 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.

Please note that paragraph 13 contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided in a Court and you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use House of Lezani.com, House of Lezanionline.com and the other services provided by House of Lezani (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

2. Consumer Protection Act

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

  • Compel the user to indemnify House of Lezani;
  • May limit the risk or liability of House of Lezani;
  • May create risk or liability for the user; and
  • Serves as an acknowledgement, by the user, of a fact.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask House of Lezani to explain it to you before you accept the Terms and Conditions or continue using the Website and / or App.

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 House of Lezani in terms of the CPA.

3. Your Privacy

Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.

Both House of Lezani and sellers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under South African law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not House of Lezani, will be responsible for that unauthorised disclosure.  

If, however, House of Lezani and sellers are found to be joint data controllers of buyers’ personal information, and if House of Lezani is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify House of Lezani for the expenses it occurs in connection with your processing of buyer personal information. See paragraph 10 below for more information about your indemnification obligations to House of Lezani.

4. Anti-Discrimination and Hate Speech Prohibition

House of Lezani prohibits the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):

  • Race
  • National origin
  • Religion
  • Gender
  • Sexual orientation
  • Disability
  • Any other characteristic protected under applicable law

It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, House of Lezani does not allow hate speech. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.

Whether you’re engaging with public features on House of Lezani, such as writing reviews, or having direct communication with other members of the House of Lezani community, such as via Messages, discrimination and hate speech are not allowed. As a seller on House of Lezani, your shop content, including shop announcements and shop policies, cannot display discriminatory behaviour toward protected groups. Examples of prohibited behaviour include, but are not limited to:

  • Refusal of service based on membership in one or more protected group
  • Expressing intolerance or a lack of respect for another member on the basis of protected group attributes
  • Having a shop policy that excludes sales to members of one or more protected groups listed above
  • Directly or indirectly making derogatory or demeaning remarks against protected groups listed above
  • Racial slurs
  • Posts that support or glorify hate groups and their members

If you think discrimination or hate speech has occurred or believe any listing on House of Lezani violates these terms, please report it by emailing info@HouseofLezani.com and we will investigate.

5. Your Account with House of Lezani

You’ll need to create an account with House of Lezani to use some of our Services. Here are a few rules about accounts with House of Lezani:

A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use House of Lezani or the Services. You are responsible for any and all account activity conducted by a minor on your account.

B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and House of Lezani.

6. Your Content

Content that you post using our Services is your content. We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

By posting Your Content through our Services, you grant House of Lezani a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help House of Lezani function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff. For example, you acknowledge and agree House of Lezani may offer you or House of Lezani buyer’s promotions on the Site, from time to time, that may relate to your listings

By posting Your Content, you grant House of Lezani a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote House of Lezani, your House of Lezani shop, or the Services in general, in any formats and through any channels, including across any House of Lezani Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

That sounds like a lot, but it’s necessary for us to keep House of Lezani going. Consider these examples: if you upload a photo of a listing on your House of Lezani shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our mobile app; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and House of Lezani’s.

House of Lezani has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact info@houseoflezani.com. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

7. Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8. Products or services

Our products or services are exclusively available online through the website, which operates as a dropshipping platform for various products or services from various manufacturers and suppliers across the world. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of the products that appearon our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of the products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

9. Your Use of Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

  • You agree that you will not violate any laws in connection with your use of the Services. This includes any local and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not  sell anything that violates any laws and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against House of Lezani, another House of Lezani user, or a third party.
  • You are responsible for paying all fees that you owe to House of Lezani.
  • You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  • You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  • This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  • The name “House of Lezani” and the other House of Lezani marks, phrases, logos, and designs that we use in connection with our Services, are service marks of House of Lezani in South Africa and other countries. If you’d like to use same please send the necessary request to info@houseoflezani.com
  • Any unsolicited ideas or other materials you submit to House of Lezani (not including Your Content or items you sell through our Services) are considered non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  • From time to time, House of Lezani will provide you with certain legal information in writing. By using our Services, you agree that same may be sent to you at your appointed email address.  
  • We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

10. Payment and Delivery

All online payment facilities and transactions are encrypted using appropriate encryption technology. Payment can be made for Goods via Payfast. House of Lezani may amend the available payment gateways and methods of payment from time to time to include additional third-party service providers.

You agree that House of Lezani may share your personal or transactional information with those third-party service providers when it is necessary to process payments. By using a third-party service, you may also be subject to an agreement with the third party.

Goods are delivered at the election of the buyers address either via courier or delivery to the buyer’s nearest courier collection point.

Where it accepts your order, House of Lezani will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

11. Termination

You may terminate your account with House of Lezani at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. In addition, any amounts owing to House of Lezani will still need to be paid.

We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. House of Lezani may refuse service to anyone, at any time, for any reason.

If you or House of Lezani terminate your account, you may lose any information associated with your account, including Your Content.

House of Lezani reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

12. Warranties and Limitation of Liability

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.

Items You Purchase. You understand that House of Lezani does not manufacture the items you purchase from us, we do our best to ensure that the products we deliver to you are of high quality and in good working order and without defects. House of Lezani cannot and does not make any warranties about their quality and safety. Any legal claim related to an item you purchase must be brought directly against the manufacturer of the item. You release House of Lezani from any claims related to items sold through our website, including defective items, misrepresentations by the manufacturer, or items that caused physical injury (like product liability claims).

Standard Warranty

If you have received a product that turns out to be defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 months after delivery/collection of the product.

You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will replace the product as soon as we have the same product in stock to use as a replacement or credit your account with the purchase price of the product (or refund you if that is your preference).

Products damaged on delivery. Should you receive a product be damaged or missing any parts or accessories at the time of delivery/collection, please notify us within 7 days of such delivery/collection by writing to us through our website. We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will replace the product as soon as possible or when we have the same product in stock to use as a replacement or credit your account with the purchase price of the product (or refund you if that is your preference).

On Defective products. A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.

The following will NOT be regarded as defects and will not entitle you to a return the product:

  • damage arising from electrical surges or sea air corrosion;
  • damage arising from a failure to adequately care for the product;
  • damage arising from unauthorized alterations to the product;
  • faults resulting from normal wear and tear;
  • damage arising from negligence, user abuse or incorrect usage of the product;
  • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and
  • in relation to Unboxed Deals or used products, signs of handling and/or repackaging.

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. House of Lezani is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Instagram, Twitter, YouTube and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. House of Lezani is not a party to those agreements; they are solely between you and the third party.

Indemnification. You hereby indemnify House of Lezani against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third-party website. Should House of Lezani be sued for something that you did, you agree to defend and indemnify us. We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

13. Disputes with Other Users

If you find yourself in a dispute with another user of House of Lezani’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

House of Lezani will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. House of Lezani has no obligation to resolve any disputes.

You release House of Lezani from any claims, demands, and damages arising out of disputes with other users or parties.

14. Disputes with House of Lezani

These rules will govern any legal dispute involving our Services:

  • These Terms are governed by the laws of the Republic of South Africa. These laws will apply no matter where in the world you live, but if you live outside of South Africa, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
  • Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  • You and House of Lezani agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by Association of Arbitrators (Southern Africa) NPC. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
  • Payment of all fees in relation to the arbitration will be paid by the unsuccessful party to such arbitration.
  • Any legal action launched against House of Lezani must be launched in the South Gauteng High Court based in Johannesburg, South Africa.

15. Notices

House of Lezani selects info@houseoflezani.com as its contact email address for service of all formal notices and legal processes in connection with these terms and conditions. House of Lezani hereby elects to provide an address (domcilium citandi et executandi) for all formal notices and legal processes upon request, where delivery of such notices is required.

Either party may amend same on seven days written notice to the other party.

Notices must be sent by hand, fax or email and must be in English. All notices sent: –

  • by hand will be deemed to have been received on the date of delivery;
  • by fax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the fax. All faxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and / or
  • by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.

16. House of Lezani Information

For purposes of the Electronic Communications and Transactions Act No. 36 of 2005, House of Lezani’s information is as follows: –

Full Name: House of Lezani (Pty) Ltd, a private company registered in South Africa with registration number 2020 / 716168 / 07

Main Busines: Online e-Commerce and Dropshipping Store

Office bearer: Nombuso Mtshali

15. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and House of Lezani regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

If you have any questions about the Terms, please email us at info@houseofLezani.com

Updated: Sept 2023