Terms of service
OVERVIEW
Welcome to Habitat Hydroponics Farming & Supplies CC (“Habitat Hydroponics”, “we”, “us”, “our”). We operate this website and related services, all of which are powered by Shopify (the “Services”). These Terms of Service (“Terms”) set out the legally binding agreement between you and Habitat Hydroponics when you access or use the Services. Habitat Hydroponics is a Namibian business supplying hydroponic equipment, nutrients, environmental control systems, and related services.
The Terms incorporate, by reference, our Privacy Policy and any other policies or notices that appear on the Site. By using the Services you confirm that you have read, understood and agree to be bound by these Terms and by Namibian law. If you do not agree, you must not use the Services.
Important statutory notice – Nothing in these Terms limits or excludes any rights or remedies you enjoy under Namibian legislation, including the Electronic Transactions Act 4 of 2019 (“ETA”), the Sale of Goods Act 1893 (as applied in Namibia) and the Value-Added Tax Act 10 of 2000. (namiblii.org)
1. ACCESS AND ACCOUNT
The age of majority in Namibia is 18 years. By opening an account you warrant that you are at least 18 or have the consent of a parent or legal guardian.
You must keep your log-in credentials secure and are responsible for all activity conducted through your account.
2. OUR PRODUCTS
We endeavour to display products accurately, but appearance (e.g., colour) may vary on different devices. Product descriptions, availability and prices may change without notice. Images are illustrative only and do not create a warranty.
3. ORDERS & STATUTORY CANCELLATION RIGHTS
3.1 Contract formation – Your order is an offer to buy. We will send an e-mail acknowledging receipt; acceptance occurs only when we send a dispatch confirmation or otherwise indicate acceptance and have received payment.
3.2 Cooling-off period (ETA) – For most goods bought online you may cancel the transaction, without reason and without penalty, within seven (7) calendar days of receiving the goods. You need only pay the direct cost of returning items, and we must refund you within 30 days of the cancellation notice. Certain exceptions apply under section 35(5) ETA (e.g., customised or perishable goods). (namiblii.org)
3.3 Returns & cancellations (beyond the statutory period) – Beyond the statutory period, returns are governed exclusively by our Refund Policy. Customer-initiated order cancellations outside the ETA cooling-off period may incur an administration fee of [x%] to cover payment and handling costs. No administration fee applies to cancellations under the ETA cooling-off provisions; only direct return shipping costs may be charged.
3.4 Errors – If we discover an error in price or description after you have placed an order, we will inform you and give you the option to reconfirm or cancel.
4. PRICES, TAXES & BILLING
You warrant that payment details supplied are correct and that you are authorised to use the chosen payment method.
4.1 Payment options accepted – We accept Visa, Mastercard, and bank transfer (EFT) into the Habitat Hydroponics bank account (details provided at checkout or on request).
4.2 Card acquiring & security – Card transactions are acquired for Habitat Hydroponics via DPO Pay, the approved payment gateway for Namibian acquiring banks. Card details are captured and processed on DPO’s secure systems using industry-standard TLS encryption; no card details are stored on our website.
4.3 Customer details kept separate from card details – Customer details are stored by Habitat Hydroponics separately from card details, which are entered by you directly on DPO’s secure pages.
4.4 Merchant outlet country & transaction currency – The merchant outlet country at the time of presenting payment options is Namibia. All transactions are processed in Namibian Dollars (NAD).
5. SHIPPING & DELIVERY
Subject to availability and receipt of payment, orders are processed within 1–3 business days and dispatch is confirmed by email. Delivery dates are estimates. Risk and title pass to you on hand-over to the carrier (section 19, Sale of Goods Act 1893). We are not liable for delays once items are in transit.
6. INTELLECTUAL PROPERTY
The Services and all related content are protected by Namibian and international IP laws. You obtain a personal, non-exclusive, non-transferable licence to access the Services; all other rights are reserved.
7. OPTIONAL TOOLS
Third-party tools are provided “as is” and “as available”. Your use is entirely at your risk and subject to the third-party provider’s terms.
8. THIRD-PARTY LINKS
Links to external sites are provided for convenience; we are not responsible for their content or any losses arising from your use of them.
9. PRIVACY
Personal information is collected in accordance with our Privacy Policy. While Namibia’s Data Protection Bill is not yet in force, we endeavour to process personal data in line with its drafted principles and Article 13 of the Namibian Constitution. (techpoint.africa, apc.org) For purposes of card processing via DPO, personal information is handled in accordance with applicable Namibian law and our Privacy Policy. We do not rely on South Africa’s PAIA.
10. FEEDBACK
If you submit reviews or suggestions, you grant us a perpetual, royalty-free licence to use that content for any purpose, subject to applicable laws on defamation and false statements.
11. ERRORS, INACCURACIES & OMISSIONS
We may correct any Site errors or cancel orders affected by such errors at any time without liability.
12. PROHIBITED USES
You agree not to use the Services for any unlawful purpose, to violate the ETA, the Communications Act 8 of 2009, or any other Namibian legislation, or to interfere with the security or operation of the Site.
13. TERMINATION
We may suspend or terminate your access at any time. Clauses that by their nature should survive will continue in force.
14. DISCLAIMER OF WARRANTIES
Except as expressly stated, the Services and all products are provided “as is”. We do not guarantee uninterrupted or error-free operation. To the extent Namibian law prohibits the exclusion of implied warranties, such warranties are limited to the shortest period permitted.
15. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under Namibian law. Subject to the preceding sentence, we shall not be liable for indirect or consequential losses, including loss of profit or data.
16. SEVERABILITY
If any provision is held unlawful or unenforceable, it will be severed and the remainder will remain in effect.
17. WAIVER & ENTIRE AGREEMENT
A failure to enforce any right is not a waiver. These Terms (together with incorporated policies) constitute the entire agreement between you and us.
18. ASSIGNMENT
You may not assign your rights or obligations under these Terms without our prior written consent.
19. GOVERNING LAW & JURISDICTION
These Terms are governed by the laws of the Republic of Namibia. You consent to the exclusive jurisdiction of the High Court of Namibia (or, where applicable, a Namibian magistrates’ court of competent monetary jurisdiction) for any dispute arising under these Terms.
19.1 Domicilium – For all purposes under these Terms (including service of legal process), our domicilium citandi et executandi is: Michaelis Street, Windhoek, Namibia.
20. HEADINGS
Headings are for convenience only and do not affect interpretation.
21. CHANGES TO THESE TERMS
We may amend these Terms at any time by posting an updated version on the Site and, where required by law, providing advance notice. The revised Terms are effective on the date posted unless otherwise stated.
22. CONTACT
Questions about the Terms should be sent to info@habitathydroponics.com
Telephone: +264812947613
Physical Address: Michaelis Street, Windhoek, Namibia
23. RESPONSIBILITY
Habitat Hydroponics takes responsibility for all aspects of the transaction, including the sale of goods and services on this website, customer service and support, dispute resolution, and delivery of goods.
24. COMPANY INFORMATION
This website is run by Habitat Hydroponics Farming & Supplies CC, a close corporation registered in Namibia and trading as “Habitat Hydroponics”, Registration No.: CC/2024/01310, with 1 member(s)/owner(s).
Last updated: 11/11/2025