Terms and Conditions

Modern Butler Terms and Conditions – South Africa

General
1. Modern Butler (Proprietary) Limited (“Modern Butler”, “we”, “us” and “our”) is a private company trading under the registration number 2021/315733/07
2. This platform can be accessed at modernbutler.co.za, related mobi-sites, through an authorised sales consultant (“Lifestyle Assistant” or “Sales Consultant”) and/or software applications (the “Website” or the “Platform”) and is owned and operated by Modern Butler.
3. These Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods and Services, and the use of the Platform.
4. These Terms and Conditions are binding and enforceable against every person that accesses or uses the Platform (“you”, “your” or “user”), including without limitation each user who subscribes as contemplated below as a member ( “member” and “registered user”). You acknowledge by using the Platform that you have read and agree to be bound to these Terms and Conditions.
5. The Platform enables you to request quotes, shop online and/or make bookings for an extensive range of goods including, but not limited to homeware, kitchenware, electronics, health, beauty, gaming, toys, pet supplies and more (“Goods”) and/or services including, but not limited to scheduling and booking assistance, beauty care, comparative quotes, buying and selling assistance, health providers, medical providers, vehicle centers, tradesmen, home assistance and more (“Services”).
6. Modern Butler allows third party sellers to list and sell their Goods on the Website.
7. Modern Butler sells used goods on behalf of their members. We shall to the best of our ability manage the sale process by 1) listing the Goods on the website and 2) Holding disbursement of payments to the seller until the purchaser receives the Goods at their stated delivery address. Modern Butler is not liable for any damages and/or losses to all parties with regards to the sale and/or use of such goods.
8. If you utilise our scheduling and booking assistance, you acknowledge that Modern Butler cannot be held liable for the services rendered and that payment to the service provider is your responsibility.
9. You may only use the platform, if you have the legal capacity to agree to these Terms and Conditions, in terms of South African law.
10. You will at all times comply with the Consumer Protection Act, 68 of 2008 (the “CPA”), and/or any other applicable legislation.
11. Use of the Platform is subject to the Terms and Conditions. By using the platform, you are deemed to have accepted all the Terms and Conditions unconditionally. If you do not agree with these Terms and Conditions, you may not use the platform.
12. It is your responsibility to ask Modern butler to explain any Terms and Conditions that you do not understand before you accept the Terms and Conditions or continue using the Platform.
13. Modern Butler takes all reasonable steps necessary to ensure that no errors are made. However, should any errors of whatsoever nature on the Website and / or a quote, communication or any other member communication channel occur, we shall not be liable for any losses and/or damages resulting from such errors.
14. Please refer to our Returns Policy for more information about returning Goods to get either a related refund, replacement or repair. By accepting the Terms and Conditions, you shall be deemed to have accepted the Return Policy.
15. Please refer to our Delivery Policy for more information about delivery of Goods. By accepting the Terms and Conditions, you shall be deemed to have accepted the Delivery Policy.
16. Modern Butler may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us reasonably processing any orders then already made by you.
Subscription and use of the website
1. Only members may request quotes for Goods and/or Services on the Platform.
2. Only members may order Goods and/or Services on the Platform.
3. To subscribe as a member, you must provide a unique username and password and provide certain information and personal details to Modern Butler. You will need to use your unique username and password to access the Website to purchase Goods and/or Services.
4. A user may subscribe/purchase either one of the subscription packages below (“Also referred to as ‘Membership Plans/Member Plans’”), which subsequently registers you as a member for the respective plan:
  - Basic/Basic Membership Plan, a month-to-month contract that renews on the respective monthly date automatically/manually calculated (“Renewal Date”), unless otherwise canceled before the Renewal Date.
  - Smart/Smart Membership Plan, a month-to-month contract that renews on the the respective monthly date automatically/manually calculated (“Renewal Date”), unless otherwise canceled before the Renewal Date.
  - Premium/Premium Membership Plan, an annual contract that renews on the the respective yearly date automatically/manually calculated (“Renewal Date”), unless otherwise canceled before the renewal date.
5. You agree and warrant that your username and password shall:
  - be used for personal use only;
  - not be disclosed by you to any third party;
  - Will be kept safe for your sole use and
  - Will not be shared to anyone;
6. Once the correct username and password is entered on the website, you agree that, irrespective of whether the use is unauthorised or fraudulent, you will be liable for payment of such order, except where you cancel such order in line with these Terms and Conditions.
7. If you become aware of and/or suspect any unauthorized access, you agree to notify Modern Butler as soon as possible and take necessary steps to mitigate any resultant losses or harm.
8. Use of the website is limited to you being over the age of 18 (eighteen) or older and of full legal capacity. If you are under 18 (eighteen) or younger and/or not of full legal capacity, you must ensure the involvement or supervision of your parent or legal guardian. If a parent or legal guardian is supervising you and has given consent, then they agree to be bound to these terms and conditions and liable and responsible for your use of the website.
9. 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. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Modern Butler representative.
10. You may not use the Website to distribute any material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
11. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Modern Butler representative.
Acceptance of quote, price, availability of stock, order and conclusion of sales
1. Members may request a quote for a Good and/or Service through the Website or an authorised Representative.
2. Members may accept the quote through the Website, which in turn places an order for Goods, which Modern Butler or the Third-Party Seller may accept or reject. Whether or not Modern Butler or the Third-Party Seller 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 Modern Butler for the Goods.
3. Quotes are valid for a specific time from the date of the quote, which will be available on the detail of the quote.
4. A sale between you and Modern Butler or the Third-Party Seller will only come into effect once we indicate the acceptance of your order by delivering the Goods to you, allowing you to collect them or if a service that you have booked has begun being rendered by the service provider post your acceptance of the quote. This is regardless of any communication made by Modern Butler. If your order is rejected by Modern Butler, we will issue a cancelation notification and, as soon as possible after the cancelation notification is sent, process the refund, if any, for the amount you already paid.
5. An order of a television is subject to obtaining from you a valid TV License number and your account holder ID. If we do not receive your TV License number and account holder ID or we cannot validate your TV License number, then your order will be cancelled.
6. Obtaining a quote on Goods and/or Services or placing Goods and/or Services in the website cart without completing the purchase cycle does not constitute an order for such Goods and/or Service, and as such, Goods and/or Services may be removed from the website cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold Modern Butler or the Third-Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage or have already completed the purchase cycle.
7. Modern Butler cannot guarantee the availability of stock, price or any other information, by accepting these Terms and Conditions, you acknowledge this. If Goods and/or Services become unavailable after an order has been placed, Modern Butler will, as soon as possible after the notification is sent, process the refund, if any, for the amount you already paid.
8. While we endeavour to ensure that all pricing is correct and up to date, pricing errors can occur. For the purposes of clarity, Modern Butler is not obliged to honour any price as indicated on the website, quote or order. Modern Butler and/or Management reserve all rights to decline the order should a pricing error be on the website.
Payment
1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. All deliveries are withheld until payments can be confirmed by an authorised Modern Butler representative.
3. If we do not receive authorisation your order for the Goods will be cancelled.
4. By proceeding through the payment portal, you warrant that you are authorised to make a payment and sufficient funds using your selected methods (Outlined in Section 4.5)
5. Whether the Goods are for sale by Modern Butler or a Third-Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) -
  - debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment;
  - credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment;
  - 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; and/or
  - Instant EFT;
6. You may contact us via an authorised representative to obtain a full record of your payment. We will also send you email communications about your order and payment.
7. Once you have selected your payment method, you will be directed to a link to a secure third-party site for payment of the applicable purchase price for the Goods.
8. Subscription payments will occur monthly on the respective monthly date automatically/manually calculated, based on the Membership Plan chosen, subject to a member canceling their subscription.
Delivery Policy
1. Modern Butler offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
  - courier; or
  - self-collection (If available).
2. Where we accept your order, Modern Butler or the Third Party Seller 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”).
3. 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, excluding any admin and transaction related costs.
4. Modern Butler’s 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. If the product is a service, Modern Butler’s obligation to deliver a service to you is rendered, when the service status has been marked as rendered. Modern Butler is not responsible for any loss or unauthorised use of any product and/or service, after a product has been delivered to the physical address nominated by you and/or the service has been marked as rendered.
Special Discounts on Goods and/or Services
1. Modern Butler offers members discounts on the recommended retail price of selected Goods.
2. Discount percentage varies across Goods, Categories and Membership plans and is applied to the recommended retail price of selected Goods.
Privacy policy
1. We respect your privacy and will take all reasonable measures to protect it, as further detailed in our Privacy Policy (disclosed on the Website), which is incorporated by reference.
General Return Policy
1. Goods may be returned within 14 days from the date of receipt, subject to our return policy clauses below from clause 8.2 to 8.7.
2. You may exchange most of our products in their new, unopened condition within 14 days of delivery for a different item, voucher or full refund.
3. If the goods are no longer sealed or in the original packaging, a reasonable amount may be charged for the use of the goods or for restoration costs to render the goods fit for re-stocking and sale. All accessories and parts must be included.
4. The following products cannot be returned or refunded:
  - Any damaged or abused items.
  - Intimate products, lingerie, swimwear, bodysuits or underwear.
  - Piercing jewellery.
  - Toiletries, personal beauty products or fragrances.
  - Foodstuff, beverages or other products intended for consumption.
  - A product which has been personalised for you or made to your specifications.
  - Self-assembled products.
  - Due to copyright law, licensed software and games cannot be returned or refunded.
  - Nursing or maternity and infant feeding products, including, but not limited to, breast pumps, bottles, teats, soothers, pacifiers, formula, maternity underwear, nappies and wipes.
  - Other specified Non-returnable/ non-refundable items
  - Delivery and or installation costs cannot be refunded.
5. Goods arrived damaged
  - If your goods arrive damaged, missing any parts or accessories, or inoperable, then we will do our best to resolve the issue. Please notify us within 24 hours of delivery by contacting an authorised sales consultant.
6. Defect Goods
  - We do our best to ensure that the products we deliver to you are of a high quality and in good working order and without defects.
7. The following will NOT be regarded as defects and will not entitle you to a return:
  - faults resulting from normal wear and tear;
  - damage arising from negligence, user abuse or incorrect usage of 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;
  - 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.
8. Guarantees and Warranties
  1. All guarantees and warranties are subject to supplier/manufacturer terms and conditions.
9. Changes to these Terms and Conditions
  1. Modern Butler 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 and/or partners electronically in accordance with our privacy policy.
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, trademarks, 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 trademark law. The Website Content is the property of Modern Butler, its advertisers and/or sponsors and/or is licensed to Modern Butler.
  2. You will not acquire any right, title or interest in or to the Website or the Website Content.
  3. Ownership of the Goods and/or Services and/or Rights to Services shall remain vested with Modern Butler or the relevant Third-Party Seller until the Goods and/or Services and/or Rights to Services have been paid for in full and the order has been accepted by Modern Butler or the relevant Third-Party Seller.
12. Disclaimer
  1. The use of the Website and /or Services 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 Modern Butler takes reasonable measures to ensure that the content of the Website is accurate and complete, Modern Butler 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 Modern Butler’s representatives, Modern Butler shall not be bound thereby.
  3. Modern Butler 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. Any views or statements made or expressed on the Website are not necessarily the views of Modern Butler, its directors, employees and/or agents.
  6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Modern Butler 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, hack or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware, handset, mobile device 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, hack or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Modern Butler, its employees, agents or authorised representatives. Modern Butler 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.
13. Linking to third party websites
  1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Modern Butler is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
  2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk, and we are not responsible for any loss, expense, claim or damage, whether direct, indirect, or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.
14. Limitation of liability
  1. Modern Butler cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Modern Butler, its employees, agents, or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our email or landline.
  2. Modern butler shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained on the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third-party website.
  3. You hereby indemnify modern butler 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, products, services and/or any linked third-party website.
15. Availability and termination
  1. We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
  2. Modern Butler may in its sole discretion terminate, suspend, and modify this Website, with or without notice to you. You agree that Modern Butler will not be liable to you if we choose to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
  3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods and/or Service, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  4. Modern Butler is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon from Modern Butler, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process any payment on any order, and/or to cancel any order concluded between you and Modern Butler, in whole or in part, with or without notice to you. Modern Butler shall only be liable to refund monies already paid by you (see Modern Butler’s Returns Policy in this regard) and accepts no other liability which may arise because of such blacklisting and/or refusal to process any order.
16. Governing law and jurisdiction
  1. 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. 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.
  2. In the event of any dispute arising between you and Modern Butler, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  3. Nothing in this clause 15 or the Terms and Conditions limits your right to approach any court, tribunal, or forum of competent jurisdiction in terms of the CPA.
17. Notices
  1. Modern Butler hereby selects 1^st floor Shop 295B Northlands Deco Park, North riding, Johannesburg, 2162, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Modern Butler may change this address from time to time by updating these Terms and Conditions.
  2. Notices must be sent either by hand, prepaid registered post, telefax 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 prepaid registered post, will be deemed to have been received 10 days after the date of posting; 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.

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