Please take a moment to read these general terms and conditions to understand how they apply to your use of our website and any products or services that you may order online.
If you have any questions regarding our website, our terms, products or services, please contact us
Who owns this website?
Here, your Heart is a sole proprietorship owned by Liesl van der Hoven. The Here, your Heart website at https://hereyourheart.com/ is owned and operated by Liesl van der Hoven, trading as Here, your Heart, in the Republic of South Africa. Here, your Heart is situated in Strand, Western Cape.
Terms and conditions apply
These terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these terms and agree to be bound by them. Online purchases from our website are subject to their own additional terms and conditions as described below.
Change in terms
We may periodically update or change the terms of this website without giving you prior notice. You should check them regularly, as your continued use of our website means that you accept any updated or revised terms.
This agreement is governed by the laws of the Republic of South Africa.
Use of our website
You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorized use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that you may sustain as a result of your use of our website and/or its contents contrary to these terms.
We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these terms or law.
Use of our website outside South Africa
Customers who are not resident in South Africa are welcome to use our website in accordance with these terms to browse the content and/or to make online purchases.
You may visit the website without providing any personal information. The website servers will in such instances collect the IP address of your computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. Here, your Heart uses this information to determine the use of the website, and to improve the content thereon.
We have implemented security safeguards to protect the personal information that you provide. For example, if you provide us with sensitive data (such as your email address or credit card information), it is protected by SSL encryption when it is exchanged between your web browser and our website.
We regularly monitor our systems for possible vulnerabilities and attacks. As no system is perfect we cannot guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.
No credit card data will be stored.
No unauthorized access to the payment pages site will be permitted. Only Here, your Heart as a known entity will be allowed to direct encrypted payloads to the payment pages.
We periodically send out email newsletters to persons who have supplied their email address to us AND have consented to receiving these email newsletters. You are free to unsubscribe from any marketing material at any stage.
Accuracy of website content
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
Any comments uploaded by our users, or provided by any authorised experts invited as our guests, reflect their opinions alone and do not in any way represent our views, opinions, beliefs or values.
We value your comments, ideas, suggestions and feedback via our website. By sending us your comments you are agreeing that we may use them for commercial purposes (including using them to endorse our products) without any compensation to you and you grant us a non-exclusive license to do this.
You warrant that your comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your comments and you shall remain accountable towards any third party regarding any harm caused by your comments.
Intellectual Property and use of our logos, content and images
All rights, including copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution of the content of this website is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
Advertising and hyperlinks
External hyperlinks may appear on our website. We do not necessarily have a relationship with any third party which is linked to our web site, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third party material is entirely at your own risk.
Disclaimers and Exclusions of Liability
Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss, damage or harm of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services.
You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.
In the event that any clause contained in these terms is invalid or unenforceable, then such clause shall not affect the validity or enforce-ability insofar as the remaining clauses of these terms are concerned.
We shall not be regarded as having waived, or be precluded from exercising any right under these terms by reason merely that we have provided any indulgence to you or we fail to exercise or delay exercising any right we may have, whether the same right or any other right.
ONLINE SHOPPING TERMS
These online shopping terms and conditions apply to all purchases ordered online at https://hereyourheart.com/. Please read them carefully and print a copy for future reference.
You are not obligated to create an account (register) in order to shop on Here, your Heart’s site. At checkout you will be asked whether you wish to create an account. Creating an account simplifies the buying process for you if you wish to purchase from us again in future. Re-entry of data will not be necessary if you choose to create an account.
Registration and/or use of our online shopping website constitute your acceptance and agreement to be bound by the terms of our website, including the additional online shopping terms below.
Creating an Account/Online Registration
At checkout particular information will be asked of shoppers in order to ensure accurate delivery of parcels. A choice can be made to be a guest shopper or an account can be created. In the event that an account is created an e-mail will be sent to the address provided by the shopper with a pre-determined password. This password can be saved or the password can be changed at this point. There is no registration process prior to shopping or an obligation to create an account. If regular purchases are to be made in future, an account will allow for a quick and easy shopping experience as shopper details need not be re-entered.
Product Sales and Availability
All products displayed on our website are subject to availability and will be delivered within the Republic of South Africa or Internationally. All prices shown on our website are quoted in either South African Rands or United States Dollars, and are valid and effective in the Republic of South Africa and Internationally.
We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
Here, your Heart reserves the right to limit the quantity of any items offered for sale.
We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website. Packaging may vary from that shown on our website.
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
A delivery fee will be charged for each order placed by you. Delivery for orders over the value of R1000 that are to be delivered to an address within the Republic of South Africa will be free of charge.
Methods of Payment
We will debit the total value of your online order against the payment card tendered by you during the checkout process. Payment will be effected on acceptance of your order and prior to delivery. By submitting your order and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order. Payments can be made via Credit Card using Yoco, PayPal, PayFast or SnapScan; or by Direct Bank Transfer (our bank details will be provided upon receiving your order).
We cannot always guarantee the availability of stock.
If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that are correctly delivered. Please also see our Refunds and Returns policy below.
Confirmation of Orders
Orders placed online constitute your offer to purchase subject to these terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforce-ability thereof.
Delivery of your parcel within South Africa will take 24 - 72 hours from the time that your parcel is dispatched. Delivery time is dependent on the proximity of your location to the Here, your Heart studio, as well as the timing of the placement of your order. For example, an order dispatched on a Friday will only be delivered after the weekend. We will contact you to notify you when your parcel has been packaged and dispatched to you. We will provide an ETA for your parcel at this time based upon your location and proximity to us.
International orders are sent via DHL Express. All parcels are registered with a tracking number and delivery usually takes place within 72 hours after the parcel has been dispatched. We will contact you to notify you when your parcel has been packaged and dispatched to you. We will also provide an ETA for your parcel at this time.
Please note that International parcels may be delayed at customs, depending on your country's policies. Also be aware that customs fees, taxes and duties may be payable upon delivery of International orders. Here, your Heart is not responsible for any additional costs accrued from custom taxation.
No deliveries will be made on public holidays. We will use our best endeavours to effect deliveries within the above stated time.
For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternate delivery time. We reserve the right to charge an additional delivery fee should it be required in the circumstances. Our liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge.
Please arrange that you or your authorised representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt.
Online shopping delivery personnel
We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
Refunds and Returns Policy
On delivery of your parcel please ensure that all is in order with your parcel before signing for receipt. Any damage that occurs during transport is covered by insurance. If it is not reported to the courier driver at time of delivery there is no way for Here, your Heart to establish where in the process the damage took place. In conjunction with our courier companies we strive to provide you with the best delivery service.
We provide extensive details on all our products to ensure accurate buying decisions. However, if an item that you received from Here, your Heart is not to your satisfaction, the item may be returned in an unused condition.
Items may be returned to Here, your Heart in an in a unused, sale-able condition within 7 days (excluding delivery time) of receiving it, and you will either be refunded in full for the price of the item (excluding delivery fees), or we will send you a replacement item.
Please contact us as soon as possible so that return shipping can be arranged. It is recommended that goods are returned by recorded delivery and keeping proof of postage. Claims for lost parcels cannot be accepted without the presentation of proof of postage.
Exchange of the product ordered for another is possible on condition that: a) Here, your Heart is informed in writing within 7 calendar days of receipt of order; b) the product and packaging is returned in unused, sale-able condition using Here, your Heart’s courier service; c) products and packaging are not tampered with d) the preferred item for exchange is mutually agreed upon prior to product return e) stock is available at time of exchange request; f) to the value at least, of the item purchased. At the sole discretion of Here, your Heart, gift vouchers to the equivalent value may be offered.
Further purchases with a gift voucher / exchanges may incur a courier fee, unless the exchanged product selected qualifies for free shipping.
Please note: We do not guarantee that your product will be automatically replaced or exchanged. The decision is solely at the discretion of Here, your Heart having investigated and inspected the condition of the item returned.
Gift Vouchers purchased will not be refundable.
If for any reason you would like to cancel an order you may contact Liesl van der Hoven. While any cancellation of orders will be accepted at our sole and absolute discretion and we provide no warranty that any cancellation of any order will be accepted, any cancellation which we do accept will only be accepted in the event that you notify us of your intention to cancel prior to dispatch of the order in question.
We reserve the right to debit your payment card for the delivery fees in respect of any cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of the terms.
Risk and Ownership
Risk in the products shall pass to you or your authorized representative on delivery. We will retain ownership of the products ordered until payment has been received in full.