Terms & Conditions
PEDERSEN AND LENNARD TRADING (PTY) LTD
STANDARD TERMS AND CONDITIONS OF SALE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THIS WEBSITE AND/OR ENGAGEMENT WITH THE COMPANY AND/OR PURCHASE OF PRODUCT/S CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE HEREOF.
“Company” means Pedersen and Lennard Trading (Pty) Ltd, or its successor;
“Customer/s” means the party who or which purchases the Products from the Company by whatsoever means, and includes the Customer’s representatives, successors and permitted assigns, and shall also include, where applicable, any user of the Website;
“CPA” means the Consumer Protection Act, 68 of 2008;
“Contract” means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by the Company and accepted by the Customer, or an offer made by the Customer and accepted by the Company;
“ECTA” means the Electronic Communications and Transaction Act 2 of 2002, where applicable;
“Products” means the products sold to the Customer by the Company which form the subject matter of the Contract, including but not limited to furniture (including custom made furniture);
“shopping cart” means the shopping cart on the Website, or a purchase made through email or in store;
“Website” means www.pedersenlennard.co.za.
This document contains the standard terms and conditions of sale on which the Company sells the Products or provides the services to Customer
These terms and conditions shall be binding between the parties for all current and future sales of the Products, unless the parties have signed new terms and conditions.
If the Customer is a consumer for the purposes of the “CPA”, then the provisions of clauses 59 and 63 will not apply to the Customer for the provision of the services or the sale of the Products to the Customer by the Company.
Nothing in this agreement is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either of the Customer or the Company in terms of the CPA.
The Company (Registration Number: 2009/009896/07) is in the business of furniture design, manufacture and sale, and is located at 2 Quality Street, Maitland, Cape Town, Western Cape.
The Company’s directors are Luke Pedersen and James Lennard.
A representative of the Company can be contacted at firstname.lastname@example.org or (021) 447 2020.
These standard terms and conditions and conditions for online sale form the entire agreement between the parties. No other terms or conditions, whether express, tacit or implied shall apply to a Contract irrespective of the circumstances under which the Contract arose. No alteration or variation of these terms and conditions shall be of any force or effect unless and until recorded in writing and approved by the Company. All provisions and the various clauses of this Contract are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this Contract which becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as not forming part of the Contract and the remaining provisions and clauses of this Contract shall remain of full force and effect.
These standard terms and conditions of sale may be periodically modified and/or amended by the Company at any time and in their sole discretion, and it is the Customer’s responsibility to ensure that they are familiar with the updated and/or amended terms. The Customer’s continued use of this Website and/or engagement with the Company and/or purchase of the Product signifies the Customer’s acceptance of these terms and conditions and any updates and/or amendments thereof.
Prices of the Products are displayed with each Product on the Website and in any of the Company’s stores, and may be withdrawn and/or altered by the Company at any time and for any reason whatsoever. Any incorrectly priced Product will be communicated to the Customer, and if the Customer does not wish to pay the correct price then the Company may, at its sole election, void the sale, without any liability whatsoever.
All prices quoted on the Website include VAT, and exclude surcharges and delivery, unless otherwise stated therein.
Where a Product is offered on discount or at a particular price the Company will not be held liable where a sale cannot be concluded because such discount or particular price can no longer be offered to the Customer as the purchase price of the Product has increased, for whatsoever reason, between the period of adding a Product to a shopping cart and the Customer attending to the checkout and payment of the Product.
The purchase price of the Product does not include batteries, electrical fittings, light bulbs and upholstery fabric, where applicable, unless otherwise specifically stated on the Website and/or in-store.
ACCEPTANCE OF CONTRACT
Any Product selected by the Customer may be placed in a shopping cart. Placing Products in a shopping cart does not constitute a contract of sale between the parties and the Company cannot be held liable for any reason whatsoever if the Product is not available when the Customer wishes to checkout and complete the purchase process. The Company furthermore reserves the right to unilaterally remove a Product from a Customer’s shopping trolley should the selected Product no longer be available or in stock.
A contract shall come into existence and effect if and when a credit card authorization is received from the issuing bank alternatively a deposit received into the Company’s nominated bank account resulting from an electronic funds transfer within 5 days from the completion of the checkout process, alternatively when the Customer pays the Company in cash, and the Company has sent the Customer an electronic mail confirming that the Customer’s order has been accepted and the Product dispatched.
The Customer’s order or acceptance of a price quoted on the Website is binding on the Customer and in the event that the Customer cancels the order, the Company may charge the Customer a reasonable cancellation fee, taking into account the expenses incurred by the Company and commitments made by the Company, which cancellation fee will be 20% of the price of the Product.
Notwithstanding what is contained in clause 24, the Customer may not cancel an order where that order relates to Products that the Customer has custom ordered and the Company has been expressly or implicitly required or expected to procure, create or alter the Product specifically to satisfy the Customer’s requirements.
The Customer acknowledges that it is aware that the Company’s sales/ customer service persons, where applicable, have no authority to vary these standard terms or conditions of sale and the Company assumes no liability and shall not be bound by any statements, warranties or representations made by such sales/customer service persons save as expressly stated in writing and signed by a director of the Company, duly authorized.
The Company may cancel any orders made by the Customer, in part or in full, without reason and shall be liable only to refund to the Customer monies already paid in respect to the cancelled Product.
While the Company makes every effort to ensure that the information and Product listing on their Website or in email correspondence is correct and accurate the Company will not be held liable for any inaccuracies and will endeavour to inform the Customer of any delays or Products out of stock.
In amplification of the provisions of clause 28, all weights, measures and similar descriptions of any Product displayed on the Website and in store are approximate and are provided for convenience purposes only. The Company will make all reasonable efforts to ensure the accuracy of Product descriptions, including colours of the Products however the Company will not be liable for any errors in Product description and pictures, including inaccuracies occasioned by the Customer’s computer system.
The stock quantities of each individual Product on offer for sale on the Website and in store are limited.
The Company endeavours to take all reasonable steps to remove a Product from the Website or indicate on the Website accordingly that the specific Product is out of stock.
Should a Product be sold to the Customer that is out of stock, the Company will be liable to refund the Customer where the Company is unable to fulfil the order of the Product at the advertised purchase price. The Company shall inform the Customer of any change in the delivery date where a Product is out of stock but the order is able to be fulfilled as aforementioned.
Payment of the purchase price of the Products, including VAT and any other applicable costs, shall be made to the Company without deduction or set-off upon order of the Products by the Customer and upon checkout on the Website or in-store.
The Products shall not be delivered to the Customer without full payment of the purchase price having been made by the Customer to the Company and the checkout purchase process being completed.
Ownership in the Products shall not vest in the Customer and will remain with the Company until such time as the full purchase price, including all and any additional and applicable costs, have been paid by the Customer to the Company.
Payment may be made via:
Visa or MasterCard credit cards or debit cards in accordance with clause 39; or
made by bank transfer into the Company’s nominated bank account, the details of which will be provided upon the request of the Customer;
made by cash in store at the company’s premise.
Should the Customer request to make payment by bank transfer then such payment must be reflected in the bank account of the Company within 5 days of the online checkout purchase process having been completed or email confirmation being sent. Should the purchase price not reflect in the Company’s nominated bank account as aforementioned then the Company may sell the Product to a third party in order to defray costs and the Customer shall have no claim whatsoever against the Company in such circumstances. This shall not release the Customer from liability and/or damages in respect thereof, as the case may be. Any Product which is to be custom made by the Company for the Customer will not be made until such time as payment has been made by the Customer and reflected in the Company’s bank account.
Should the Customer fail to make any payment on due date then all amounts owing by the Customer to the Company from whatsoever cause will immediately become due and payable by the Customer and the Customer shall immediately forfeit all discounts of whatsoever nature which may have been expressly granted to it by the Company.
The Company will not be held liable for any security breaches on the Customer’s electronic device, including, without limitation, personal computer and tablet, for any reason whatsoever.
The Company’s outlet country at the time of presenting payment options to the credit card holder is South Africa and the transaction currency is South African Rand.
DELIVERY OF THE PRODUCTS
Delivery of the Product shall take place at the address specified by the Customer on the Website or via email or otherwise communicated in writing to the Company, and the Customer shall be deemed to have accepted the Product upon their delivery to such address. The Customer shall make all necessary arrangements to take delivery for the Product whenever they are tendered for delivery.
The Customer undertakes to notify the Company forthwith in writing of any change in address timeously.
Deliveries in South Africa will take place during normal business hours from Monday to Friday, unless otherwise agreed between the parties in writing. The Company shall endeavour to ensure that deliveries are made to the Customer within 3 business days in major centre's within South Africa and 5 business days in outlying areas (calculated Monday to Thursday) of the Product being dispatched by the Company. The Product will be dispatched within 3 business days of the Customer placing if the Product is in stock and within 3 – 4 weeks if the Product is not in stock or is required to be custom made (taking into account the size of the Customer’s order). If an order has been completed and payment made between the period Friday to Sunday then estimated delivery period will be calculated from the following Monday. Timelines for delivery outside of South Africa will be communicated to the Customer timeously after placing the order.
Delivery fees will be communicated to the Customer at the time of placing the order for the Product and all delivery fees will be paid for by the Customer at the time of completing the checkout process and making payment for the Product. Additional delivery fees will be charged to the Customer in instances where delivery is impossible due to inaccessibility and/or failure to adhere to the estimated delivery time, or where delivery is outside of the Republic of South Africa.
The Customer agrees that the signature of the Customer, any agent, contractor, sub-contractor or employee of the Customer on the Company’s official trip sheet / delivery note / invoice / waybill, or the delivery note of any authorised independent carrier will constitute delivery of the Product purchased. Delivery shall furthermore be deemed to have taken place against proof of posting if the Product is posted to the Customer or delivery to the South African transport services or road carriers if the Products are railed or transported by the Company to the Customer in this manner. The post office / South African transport service / road carrier shall act as an agent of the Customer.
Despite the contents of clause 3 above, the Customer acknowledges that the delivery dates given by the Company in advance are estimated. The Company will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date. Notwithstanding the a-foregoing, the Company shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond the Company’s control, fire, labour difficulties, transportation difficulties, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond the Company’s control, and whether caused by negligence or otherwise.
If Products, when ordered together, have various delivery dates then the date of the Product which is latest in time shall be the estimated date of delivery of all the Products specified in the single order, unless the Customer requests part delivery of certain Products, subject to additional delivery fees.
If the Company is unable to deliver the Product to the Customer for reasons beyond its control, then the Company shall be entitled to place the Product in storage until such time as delivery may be affected and the Customer shall be liable for any expense associated therewith, including, without limitation, storage costs.
Subject to a quote or written agreement between the parties providing to the contrary, risk in and to the Products shall pass to the Customer upon delivery.
The Customer shall immediately upon receipt of the Products from the Company be allowed to inspect the Products and the Customer must inform the Company of any error occasioned by the Company by way of written notice, to be received by the Company within 7 days of receipt of the Product by the Customer Should the Customer fail to notify the Company of any claim the Customer may have in terms hereof within the specified 7 day period such failure shall constitute a complete waiver of any such claim. Any Product delivered to the Customer in error will only be considered for return by the Company upon presentation of a receipt and provided that such Product is undamaged, unopened, have not been tampered with in any way, and are not defaced.
If the Customer, due to some fault of its own, cannot accept or should it request the Company in writing to suspend or delay delivery of the Products, the Company reserves the right to claim any additional costs, including storage costs, incurred by the Company from the Customer.
Subject to the provisions of sections 42 and 44 of ECTA, where applicable, the returns policy of the Company is as follows:
Products sold may only be returned within 7 days of the date of delivery, upon presentation of a receipt and on condition that they are returned in their original condition undamaged and unopened;
Notwithstanding what is contained in clause 1 and taking into account the nature of the Products sold by the Company, the Customer may not return Products that have been discounted, are on sale, that the Company has been expressly or implicitly required or expected to procure, create or alter specifically to satisfy the Customer’s requirements. For the sake of clarity, it is recorded that custom Products, being Products that are made specifically to the Customer’s instruction, may not be returned for any reason whatsoever;
Where applicable, the Customer shall return the Product at its own expense and be liable for all courier, banking and similar fees involved. These fees will be deducted from the purchase price of the Product if a refund is required;
In the instance of an exchange of Product, the Customer will be liable for the courier fees and banking fees in returning the Product and resending the replacement Product to the Customer.
Refunds, where applicable, on credit cards will reflect on the credit card used to purchase the Product. Bank transfer refund, where the Product was purchased with a debit card or via an electronic funds transfer will be processed within a reasonable period after all the necessary banking details of the Customer have been verified.
The passing of risk, ownership of and title to the Products will remain vested in the Company until the purchase price, and any other amounts owing to the Company in respect of the Products have been paid in full and without set- off, on which date ownership of the Products will be deemed to be transferred to the Customer
WEBSITE USERS OVER THE AGE OF 18 YEARS
The Company does not intend the Website to be used by or Products to be sold to persons under the age of 18 years. The Consumer acknowledges that the Products sold on the Website are intended for persons over the age of 18 years. The Company may refuse to sell Products to Customers who are under the age of 18 years.
The Company gives only the following warranties in respect of the Products:
it has title to the Products and has the unencumbered right to sell the Products; and
only in the event of the Consumer being a consumer for the purposes of the CPA, then: (a) the Products are supplied to the Consumer with a 6 month warranty of quality against defects (within the meaning of the CPA), and (b) unless the Customer has specifically informed the Company of the intended use of the Product, the Company does not warrant that the Products purchased by the Customer will be fit for the purpose that the Customer intends using the Products for.
Notwithstanding the provisions of clause 57 above:
if any defect in the Products, or the components of the Products, relates to alterations contrary to the Product and/or Company instructions or after leaving the control of the Company, the Company will not be liable for those defects including in respect of any possible liability in terms of the implied warranty of quality contained in the CPA;
any warranty provided by the Company will cease to apply if any material information provided by the Customer, specifically in so far as the intended use of the Product is concerned, is incomplete or incorrect or if there is any material change in operating conditions or any misuse, abuse or material neglect of the Products by the Customer
Other than the warranties stated herein, the Customer acknowledges that the Company has made no representations or warranties to the Customer in connection with the agreement prior to the agreement being made.
In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the Customer shall have no claim against the Company for any loss or damage, of any nature, occasioned by any defect in any Products supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Products, or the Customers use or inability to use any Product sold on the Website, save to the extent that the Customer is a Consumer for the purposes of the CPA and such loss or damage is contemplated in section 61 of the CPA, and provided that nothing in these terms and conditions must be construed as in any way limiting the rights of the Company to raise such defences as may be available to it at common law or in terms of any statute.
Notwithstanding the provisions set out in clauses 1and 60 above, in the event that the Company provides advice regarding the application of the Products at the request of the Customer, the liability of the Company in respect of the non-suitability of the Products for the purpose for which they are used will be limited to the selling price of those Products.
Furthermore, in the event of the breach of these standard terms and conditions of sale by the Company, the Customer’s remedies shall be limited to damages which shall under no circumstances whatsoever exceed the purchase price of the Product.
The Customer hereby indemnifies and holds the Company harmless against any losses, expenses, costs or damages of whatsoever nature incurred by the Customer arising from any wilful misconduct or gross negligence of the Company.
Save for the provisions of section 43(5) and 43(6) of ETCA, where applicable, neither the Company, nor its duly authorised agents or representatives shall be liable for damages, loss or liability of any nature whatsoever and howsoever arising through the use or inability to use the Website, the services or content provided herein. The Company furthermore makes no representation or warranties whatsoever that the content and/or the technology available on the Website are free of errors, omissions, viruses of any nature or free of interruption.
Any and all information on the Website should not be regarded as professional advice or the official opinion of the Company and it is the Customer’s responsibility to ensure the correctness of any of the content displayed on the Website.
Should the Customer fail to make payment upon due date of any amount due and owing, or commit any other breach of the terms of a Contract, the Company shall be entitled, at its option without notice and without prejudice to any other right which it may have, including the right to claim damages arising out of the breach or the termination of the Contract, to cancel such Contract forthwith, and/or to declare all amounts owing by the Customer to be immediately due and payable and/or to suspend the carrying out of any of its then uncompleted obligations until payment is made.
No relaxation which the Company may have permitted on any occasion in regard to the carrying out of the Customer’s obligations shall prejudice or be regarded as a waiver of the Company’s rights to enforce those obligations on any subsequent occasion.
No right or license is hereby granted to any user of the Website, visitor to the store and/or Customer, whether juristic or otherwise, to any copyright, trademark, mark, branding, design or any other intellectual property of any nature of the Company whatsoever.
The material located on the Website and in store, including, without limitation, text, logos and images, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way whatsoever except for the Customer’s personal non-commercial use.
The Customer agrees not to adapt, alter or create any derivative work from any of the Company’s material contained on the Website or in the store, nor to use any of the Company’s content for commercial use in any way whatsoever, without the Company’s prior written approval.
The Company shall take all reasonable steps to protect the personal information of the Customer collected by the Company through the Website. For the purposes of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (“PAIA”). The PAIA may be downloaded at http://www.polity.org.za/attachment.php?aa_id=3569.
The personal information will not be made available to any third party without the Customer’s consent or unless required in legal process or proceedings or to protect the rights, property or safety of the Company or other parties. The Customer acknowledges that the Company will supply a third party with the Customer’s name, delivery address and contact number in order to effect delivery of any Product ordered by the Customer on the Website, in store or through email correspondence.
The Customer agrees that the Company may use its confidential information to communicate with the Customer from time to time, unless otherwise specified by the Customer in writing.
Any user of the Website, where such user browses the Website at any time without submitting personal details to the Company and/or purchasing a Product from the Company, accepts that the Company may collect the user’s computer’s IP address in order to, among other things, measure the number of visitors to the Website. The Company is under no obligation to protect this information and may make use of this information without limitation.
The Customer may not actually or purportedly cede, assign or otherwise alienate any rights or obligations which it may have in terms hereof or in terms of any Contract with the Company, without the Company’s written consent, which consent will not be unreasonably withheld.
NOTICES AND DOMICILIUM
The parties hereto select as respective addresses for service of any documents the addresses set out in any order contemplated in terms here of.
Any written notices in respect of this contract shall be sent by email and shall be deemed to have been received on the day of transmission.
GOVERNING LAW & JURISDICTION
This Website, these online terms and conditions, the contract and any contract shall be subject to the laws of the Republic of South Africa.
In terms of Section 45 of the Magistrates Court Act of 1944, as amended, the Customer hereby consents to the jurisdiction of the Magistrates Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the Customer by the Company in terms of the contract. It shall nevertheless be entirely within the discretion of the Company as to whether to proceed against the Customer in such Magistrates Court or any other court having jurisdiction.
In the event of the Customer committing any breach of the contract or in the event of the Company being required to take any legal action, the Customer agrees and undertakes to pay the Company’s legal costs as between attorney and own client including collection commission, tracing fees, valuation charges, transport costs and other expenses in connection therewith.