Terms & Conditions

1. COPYRIGHT

1.1 To obtain permission for use of any content on this site please contact management on 031 582 4401 or email enquiries@hirschs.co.za

1.2 All moral rights of Hirsch's and its employees/agents are reserved.

1.3 Hirsch's do not accept any liability for illegal, defamatory or obscene content.

1.4 Users are encouraged to inform Hirsch's of any content that may be offensive or illegal.

2. PROPERTY RIGHTS

2.1 Everything on this site is the property of Hirsch's and can not be copied.

3. ELECTRONIC COMMUNICATIONS

3.1 When a user visits Hirsch's or sends e-mails to Hirsch's, that user consents to receive communications from Hirsch's electronically and agrees that all agreements, notices, disclosures and other communications sent by Hirsch's satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

4. HYPERLINKS

4.1 No person, business or web site may link to any page on this site without the prior written permission of Hirsch's. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with Hirsch's.

4.2 Hyperlinks provided on this site to non-Hirsch's sites are provided as-is and Hirsch's does not necessarily agree with, edit or sponsor the content on such web pages.

5. SPYWARE

5.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Hirsch's. Such permission could be obtained from the person referred to in clause 1 hereof.

6. DISCLAIMER

6.1 Neither Hirsch's 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 this website or the services or content provided from and through this website. Furthermore, Hirsch's makes no representations or warranties, implied or otherwise, that, amongst others, the content, images 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 to the person referred to in clause 1.

6.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Hirsch's that the service available from and through this website will meet the user's individual requirements and 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 Hirsch's and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

6.4 All items purchased from Hirsch's are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Hirsch's to such agents upon delivery of any item to such carrier.

6.5 Neither Hirsch's 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 web site.

7. PRICING

7.1 The price of each product is displayed with the product, in the event of a product being on special, this price will be displayed.

7.2 All prices are quoted in South Africa Rands (ZAR)

7.3 All prices on the website include VAT at the rate of 15%.

7.4 Prices are only valid on the website and not in branches.

7.5 Prices on the website are based on discounted and average pricing and may differ from in-store.

7.6 All Black Friday Deals are limited to quantity - strictly one per customer.

7.7 Time-based pricing is only available for the times stipulated by Hirsch's adverts and as displayed on the website - any purchases done outside of such times, will not be honoured at the special pricing.

7.8 Time-based pricing time logic is based on the time of the device that the website runs on, and might differ from the users times.

7.9 EO&E - Errors Omissions & Excepted - all precautions will be taken to provide correct pricing and images on this site, however, in the event that an error does occur, no liability can be held against the company to provide such products at such pricing.

7.10 In the event of an error on a coupon code value, products will be have to be returned to Hirsch until the correct value is settled in full. Products are the property of Hirsch until paid for in full.

7.11 A handling fee of up to 30% will be applied if the item is opened and used, subject to Hirsch's discretion.

7.12 Kindly note that products added to cart will be refreshed should the pricing change. We use a "live" systems and therefore pricing is updated at any given time.

7.13 Price match: Hirsch reserves the right to price match other retailers depending on specific model and other factors which are market related and in no way obligated to honour another retailers deal. Also there are basic requirements for price match once a retailers is a confirmed compatible for price matching: Other retailer must have stock readily available within the province, Written quotation to be provided, promotional price to be within the same timeframe as query. Price matches will not be honoured for day deals, Birthday deals or promotions whereby limited stock available.

7.14 Shipping costs are calculated in accordance with the region of delivery and is calculated by the weight of each product.

8. DELIVERIES

8.1 Standard delivery turnaround time is 3-7 working days provided stock is readily available. This turnaround time will differ for peak periods like Black November / Black Friday and Christmas  months (November through December).

8.2 In order for delivery to be completed, a full physical delivery address needs to be provided i.e unit number, street/road name, area, province and postal code.

8.3 Deliveries outside the borders of South Africa will not be done via the website and a store must be contacted in this case.

8.4 The courier will request proof of identity from the person receiving the goods and will be required to record such details on the invoice

8.5 By signing such invoice document, the receiver confirms that the goods were received undamaged and in good condition.

8.6 In the unlikely event that the goods arrive damaged or items may be missing, and the receiver wishes not to accept the items, then they must indicate on the waybill the reasons for sending the parcel back and both parties will need to co-sign against this indication.

8.7 In the event of Hirsch's being given an incorrect delivery address or no one is present to receive the item at the time of delivery, the delivery will be returned to our offices, and we will then contact you to re-schedule the delivery. Please note that you will be charged the delivery fee again, as we use contract delivery teams and we are charged for each delivery, and in turn, this fee will be passed onto the purchaser.

8.8 Should your item be delivered by our friendly courier service outside of a 30km radius of our store, we will be unable to fulfil the Hirsch's Delivery Experience of removing your older item. Arrangements should be made under the comments section on the checkout page. Additional charges may be applicable.

8.9 Our delivery agents are not technically trained nor qualified to do gas, plumbing or electric installations, beyond plugging the factory electrical cord supplied with the appliance, into an existing outlet and placing the appliance drain tube into an existing drainage system. Should your require any additional plumbing, gas or electrical installation work, please feel free to contact us for a list of recommended installation technicians, that we trust to ensure that any further installation of your new appliance maintains your warranty from our suppliers, and provides you with the best possible after-sales support.

8.10 In the event of an exchange, additional delivery costs may be applicable. Please liaise with your consultant for further information.

8.11 Delivery for beds and furniture can only be completed within a radius of 40km from the nearest store.

8.12 Upon delivery - any faults/damages or missing items need to be reported upon delivery to the driver and stated on invoice.

8.13 Kindly note - we are unable to keep/reserve stock for more than 5 days from date of invoice.

8.14 Our courier team reserve the right to confirm whether they have a contractor to complete delivery to a specific area and this may attract a surcharge/extra charge should the area be serviced.

8.15 Our courier company reserves the right to confirm they are able to complete/service specific area upon receipt of booking. Booking will be generated once payment is completed and stock availablity confirmed.

8.16 Deliveries of Furniture & Beds for outlaying areas will have to be quoted seperately as special rates apply according to our contracted courier company. 

8.17 In the event of a repair or exchange of any "small items" (kettles, toasters, microwaves, sound bars, ear phones, phones, items which are no bigger than a 40l microwave), customer will be required to bring the unit to the closest Hirsch store, so that it may be booked in with supplier for assessment to be completed, in order to advise further.

8.18 All items purchased from Hirsch’s for delivery, are purchased with the knowledge that they must be able to fit through stairways and corridors. If there is the slightest possibility that a product may be damaged in order to manoeuvre into a home or premises – and should the driver feel that the unit in any way may be damaged for their liability, they will not proceed with delivery.   

9. COLLECTIONS

9.1 We offer a Collection option for all Kwa-Zulu Natal, Johannesburg and Cape Town based customers who would rather collect than have it delivered. Selecting the collection option is free and you will not be charged a delivery fee. Once we have received your order and confirmed stock availability within the specified store as per your preference, we will process the order and send you a confirmation email with your invoice number to collect at that specific store.

9.2 “In stock” products are not necessarily available in all stores. Once an order is placed we will confirm stock availability within the store. Should stock not be available within that specific store we will find the next closest store for stock availability and ask if it is possible to collect from that store instead. Should customer not be able to collect from an alternative store or it is noted by the consultant that the store is too far from initial collection store/address of customers, we will arrange a transfer of the stock within the region to the initial chosen store for collection or we will advise on an ETA for stock to arrive from supplier. Transfer of stock can take 5-7 working days and stock arrival from supplier can take 7-14 working days.

9.3 Once we have received your order and confirmed stock availability in your selected store, you will receive notification containing and invoice number. These goods need to be collected from the store within 5 days of receiving your collection notification.

9.4 Upon collection - the unit needs to be unpackaged and checked to ensure unit is in 100% condition (no scratches or dents) and all accessories available before leaving the Hirsch premises.

9.5 Collections of purchases needs to be completed within 5 working days from date of email which had been sent containing your Hirsch invoice number. Items reserved longer than 5 working days will be credited back to our live stock holding and unfortunately can no longer be reserved.

9.6 Pricing for items which are Credited items will therefore no longer have promotional pricing applicable to them and can be effected by supplier increases.

9.7 Collection option is ONLY available for purchases completed directly through Hirschs and therefore excludes 3rd party purchases through Ebucks, Avo, Momentum, Snappi and all affiliated Insurance companies.

10. PAYMENT

10.1 Credit Card payments

10.1.1 At the time of placing the order, the transaction details are presented to the bank and an authorisation is obtained for the amount of the order.

10.1.2 Note that to protect it's own and the interests of customers, Hirsch's scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Hirsch's is not satisfied with its legitimacy.

10.1.3 The following cards are accepted on this site: Visa Card / MasterCard

11. AGREEMENT OF SALE

11.1 An agreement of sale between Hirsch's and a user only comes into effect if and when:

11.1.1 A credit card authorisation is received from the issuing bank; or

11.1.2 A deposit of an electronic transfer is reflected on Hirsch's bank statement (and only if such payment is received within 5 (five) working days after completion of the purchase cycle; or

11.1.3 A direct deposit is reflected on Hirsch's bank statement (and only if such payment is received within 5 (five) working days after completion of the purchase cycle

11.2 We try our best to process orders as soon as possible, however, orders are usually processed within 24 hours from date of receiving the order. During peak season (e.g Christmas, Sales or Black Friday) processing can take up to 1-2 working days.

11.3 Hirsch's reserves the right to refuse to accept and/or execute an order without giving any reasons. Hirsch's also reserves the right to cancel orders, in whole or in part, as circumstances dictate. Hirsch's shall only be liable to refund monies already paid by the user.

11.4 Hirsch's shall take all reasonable efforts to maintain correct prices. However, should an error occur and items are offered at incorrect prices, Hirsch's will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies already paid by the user

11.5 All appliances purchased at Hirsch’s Homestore are intended for domestic use unless otherwise stipulated. Should it be used for commercial/industrial purposes, all warranties on the appliance will be forfeited

11.6 All exchanges for faulty goods will be done in line with the terms of the CPA. The supplier may inspect the item to establish the cause of the problem.

11.7 Warranty Claims: All small appliances requiring service/repairs (including microwaves and TV’s up to 32”), must be taken into your nearest Hirsch store or an authorized agent.

11.8 Warranty claim: Warranty for all appliances sold at Hirschs are valid within South Africa. Should a product be shipped cross borders of South Africa, the warranty will be deemed null and void.

11.9 Manufactures fault: In regards to any major appliance purchased from Hirschs which is found to have a manufactures fault, customer will need to contact Hirschs of which we will then book a service call with supplier. Supplier will arrange technician to contact customer within 2-3 working days to arrange call out. Once technician calls out he/she will complete an assessment to advise further.
Kindly note that supplier reserves the right to complete an assessment on any appliance should there be a manufactures fault claim.

11.10 With regards to any product which is purchased at Hirschs and requires installation-Hobs, ovens, stoves, extractor, ceiling fans, integrated units, plumbed units, ice machines etc should there be a fault reported for the unit and service call needed to be booked, suppliers reserve the right to request papers of qualified persons or COC before arranging callout to ensure that installation was completed correctly and that the environment to complete assessment is safe.

11.11 Loyalty card can be used on an order to gain loyalty points provided the name of the card holder matches the name on the order purchase. If these two do not match, it would be invalid to use to for gaining purposes on a purchase and therefore not inserted onto purchase.

11.12 A valid TV license along with related or linked ID/passport/Company registration number needs to be provided in order to complete the invoice of a TV set from Hirschs

11.13 Purhase invoice for TV's must and therefore will reflect the name and surname/company name on the TV license either on the billing side of invoice or delivery side of invoice as per SABC standards.

11.14 A valid ID which is linked to a valid TV licence will need to be provided at the time of purchase. If this is not provided accordingly, the sales of agreement is not completed and therefore stock will not be able to be reserved. An email will be sent through to you to request valid TV licence details of which once provided and if stock is still available, we can then process the order accordingly. This rule specifically applies to sales with limited stock e.g Black Friday, Chistmas, discontinued sales, voucher sales etc.

12. STOCK AVAILABILITY

12.1 Stocks of all goods on offer are limited. Hirsch's shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Hirsch's shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

13. SPECIAL OFFERS

13.1 Hirsch's shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for whatever reason, conclude an agreement of sale while such prices remained low.

13.2 Pensioners discount offered IN-STORE only - 10% valid off full retail pricing ONLY.

13.3 With regards to voucher & discount sales, full retail price is applicable.

13.4 A voucher generated from a voucher sale is valid for three months from date of promotion.

13.5 Specials & Promotions valid for stock currently on-hand in-stores and while stocks last (not applicable to stock on-order from supplier).

13.6 Price match: Hirsch reserves the right to price match other retailers depending on specific model and other factors which are market related and in no way obligated to honour another retailers deal. Also there are basic requirements for price match once a retailers is a confirmed compatible for price matching: Other retailer must have stock readily available within the province, Written quotation to be provided, promotional price to be within the same timeframe as query. Price matches will not be honoured for day deals, Birthday deals or promotions whereby limited stock available.

14. Exchanges or Returns 

14.1 Timeframe: Customers must initiate any requests for product returns within 7 days from the date of delivery or collection.

14.2 Finalization of Exchange/Return: The exchange or return process will be finalized or confirmed after a physical assessment by the store manager, who will ensure the following:

• The packaging is intact and in 100% condition.
• The unit has not been used.
• The unit is in 100% condition.

14.3 Handling of Damaged or Used Units: If the packaging is not in 100% condition, the unit has been used, or there is damage to the unit, Hirsch reserves the right to impose a handling fee or decline the exchange.

14.4 Delivery Charges: Customers will be responsible for the delivery charges back to the store if the return is not due to a manufacture's fault or a damage which had occurred during transportation in terms of major items, i.e items larger than a counter top microwave. Customers will be responsible for delivery charge in regards to smalls, i.e items smaller than counter top microwave for exchangers, assessments, repairs, returns.

14.5 Requirements for Return or Exchange: When requesting a return or exchange, customers must provide the following information to the consultant for further advice:

• Reason for Exchange: Customers should clearly state the reason for the exchange.
• Pictures of the Item without Packaging: Customers are required to provide pictures of the item from all four sides, without the packaging.
• Pictures of the Inside: Customers must provide pictures of the inside of the unit.
• Pictures of the Unit Repackaged: Customers should provide pictures of the unit repackaged from all four sides.
• Unit Usage Confirmation: Customers need to indicate whether the unit has been plugged in or used.

14.4 Exchanges will only be entertained on condition that original packaging in the same condition as per delivery/collection is presented, Unit has not been used or powered on, unit is in 100% condition (no scratches or dents), all accessories are available, Model is still a current model. Should any one of these terms be compromised, the store reserves the right to honour an exchange and effect a handling fee ranging from 30% and higher dependents on conditions.

15. REFUNDS

15.1 Cash refunds will not be given, and any monies due will be paid back into the user's bank account.

15.2 All exchanges for faulty goods will be done in line with the terms of the CPA. The supplier may inspect the item to establish the cause of the problem but may not repair a significant problem without you agreeing to that.

15.3 Refunds are completed within 7-14 working days from date of agreement between the web administration and customer.

15.4 A handling fee may be applied to returns for unsatisfactory purchases. 

16. GIFT VOUCHERS

16.1 Gift vouchers cannot be exchanged for cash and are not transferable

16.2 Vouchers can not be redeemed at any affiliate websites

16.3 Vouchers can only be redeemed whilst they are valid and expiry dates can not be extended.

17. Aircons

17.1 Pricing on website for any air conditioner is to supply product only.
17.2 Installation needs to be completed by an accredited installer who is affiliated with supplier to honour warranty.
17.3 Hirschs has accredited contracted installers which is recommended by the Hirschs and will provide you a quotation for installation. Chat to consultant to find out more.
17.4 Warranty on aircon is covered by the installer who completes the installation on behalf of the customer.

17.5 Electrical -The above does not include the cost of any electrical supply which is required not more than 3 meters away from air-conditioning. It is the clients responsibility to arrange power to carry out prescribed work i.e Generators if needed

17.6 Builders work

All builders work is excluded i.e chasing, patching, painting, coring, sleeves, ceiling work, trapdoors and paintings etc unless specified in writing

17.7 Warranty on Compressor the equipment is as follows:

A)In accordance to specific supplier and subjected to annual services being carried out. However due tour harsh weather and corrosion conditions, we do recommend that you service your air conditioner every 6 months

B)If a warranty is applicable depending  on model and supplier, this is inclusive of electronics, cosmetics, mechanical and electrical parts.

C)will exclude labour, travelling, r refrigerants as well as acts of God, malicious damage, rodents, power surges and load shedding.

17.8 Payment terms: 100% on acceptance of quotation.

In the event of any amount due to the seller being handed to an attorney for collection, the purchaser shall pay all the costs incurred by the seller and attorney scale ,including and not limited to collection commission

17.9 Delivery

The goods being delivered/installed are deemed to be in operating satisfactorily and unless the seller receives a written notification to the contrary, from the purchaser with in 2 weeks after the delivery, erection or installation.

17.10 Ownership

Ownership in all goods supplied by the seller shall not pass to the purchaser until such time as the purchase price has been paid full as full monetary invoice value. The seller should have the right to immediately remove the air-conditioning equipment’s , wherever they may be located or installed or equipped that that has been attached or annexed to any building or structure.

17.11 Limitations of Liability:

Whilst undertaking to carry out the service to the best of its ability, Hirsch air shall not be responsible for:

A)Any losses incurred by our installation crew or any other direct or consequential damages, whatsoever the cause

B)It is the customers’ responsibility to remove any breakable and valuable items from the working area. Hirsch employees or contractors will not be held responsible for the loss of any valuables.

C) Hirschair will not be responsible to any damages to any water pipes, electrical cables etc. whilst the installation is being carried out. It is the clients sole responsibility to inform the installation crew of any pipes or cables that may be chased into the walls and floors that would affect the job.

D)Faults due to causes external to the equipment, corrosion and rust

17.12 Due to the construction, working and moving parts of your air conditioner, certain noises and sounds will be heard at times. Please note that this is normal, However abnormally loud and continuous noise levels should be reported.

17.13 All indoor units must not be run simultaneously.

18. GOVERNING LAW

18.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

19. PRIVACY

19.1 Hirsch's may use your information to contact you about promotions and special offers. You are entitled, at any stage, to opt-out of this service. We do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. Hirsch's may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

20. SECURITY

20.1 The user agrees and warrants that its log-in name and password shall:

20.1.1 be used for persona use only; and

20.1.2 not be disclosed to any third party

20.1.3 The user allows Hirsch's to take all reasonable steps to ensure the integrity and security of Hirsch's web site and back-office applications.

20.1.4 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page shall be prosecuted and civil damages shall be claimed in the event that Hirsch's suffers any damage or loss.

20.1.5 All credit card transactions are Secure Socket Layers encrypted and are supported by PayGate

21. CHANGES TO AGREEMENT

21.1 Hirsch's may, in its sole discretion, change this agreement or any part thereof at any time without notice.

22. DISPUTES

22.1 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, and not solved between the user and Hirsch's, shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

23. DOMICILIUM

23.1 Hirsch's chooses 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, 5 Royal Palm Avenue, Umgeni Business Park, Durban.

24. GENERAL INFORMATION

24.1 Hirsch’s operates out of Forfive Pty Ltd t/a Hirsch’s, registration no.: 2019/447052/07. Directors: Allan Hirsch, Margaret Hirsch, Richard Hirsch, Luci Hirsch

24.2 Your privacy is very important to Hirsch's and therefore any information you provide to us is stored on a secure server.

24.3 Hirsch's may use your information to contact you about promotions and special offers. You are entitled, at any stage, to opt-out of this service. We do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties.

24.4 Hirsch's may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

25. COMPETITIONS

25.1 If you enter any of our Shortcode SMS Competitions, you will automatically be added to our database to receive communications in the future.

25.2 If you are a winner, you will have 14 days to collect your prize after which a new winner will be chosen.

26. GIFTING

26.1 Please note that certain product stocks are limited and are featured online for a limited period of time. This means that some items you choose at the time of creating your registry may not be available at the time of your guest's purchasing.

26.2 Guests purchasing in-store will need to read out the unique registry code in order for the registry to be updated.

26.3 If you've selected a product that is currently on promotion, please be aware that prices may change without prior notice.

27. Images & Products Specifications