Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS THAT APPLY TO THE USE OF OUR WEBSITE

1.      TERMS OF WEBSITE USE

  • These terms of use (“Terms of Use”), together with the documents referred to herein, makes provision for the terms and conditions applicable when making use of our website https://www.diydirectsa.co.za/ (or such website that directs you to https://www.diydirectsa.co.za/) and/or any social network website we make available to you (“our website”).
  • Please read these Terms of Use carefully before making use of our website. We recommend that you print a copy of these Terms of Use for future reference.
  • These Terms of Use set forth the binding legal agreement between every person that accesses or uses our website.
  • These Terms of Use also refer to our Privacy Policy, which sets out the terms on which we process any Personal Information we collect from you, or that you provide to us, which also apply to your use of our website.
  • By using our website or Services, you consent to such processing and you warrant that all Personal Information provided by you is accurate.
  • If you register as a Contributor to our Services (where applicable) or third party service provider: our Terms of Services will apply.
  • If you do not agree to these Terms of Use, we advise that your refrain from making use of our website.

2.      INFORMATION ABOUT US

  • Website: Our website is owned and operated by DIY DIRECT SA (PROPRIETARY) LIMITED (“we”, “us”, “our”).
  • OurRegistered address is:    Springfield Office Park, 109 Jip de Jager Drive, Bellville, Western Cape, 7530 (“Premises”).
  • Our postal address is: O. Box 4333, Tyger Valley, Bellville, Western Cape, 7536.

3.      CHANGES TO THESE TERMS

  • We may change these Terms of Use or any other term as referred to under these Terms of Use at any time. The amendments will be applicable when published on our website.
  • Please check the Terms of Use from time to time to take notice of any changes made, as they are binding on you. Take note, the terms applicable on conclusion of the sale of products to you will apply for the particular purchase.

4.      CHANGES TO OUR WEBSITE

  • We may update our website from time to time, and may change the Content at any time.
  • We may stop publishing our site at any time without notice and will not be responsible for any consequences.
  • Please note:The Content on our website is provided for general information purposes only and that the Content may be out of date at any given time. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete, free from errors or omissions or up-to-date.

5.      ACCESSING OUR WEBSITE

  • Access to our website is made available free of charge.
  • Access to certain functionalities of the DIY Direct SA platform will require you to register with us and to create a profile. Only registered users may order Goods and/ or Services on the DIY Direct SA Platform.
  • To register as a user, you must provide a unique username and password and provide certain information and personal details to us. You will need to use your unique username and password to access the DIY Direct SA Platform to purchase Goods and/ or Services. You agree and warrant that your username and password shall be used for personal use only; and not be disclosed by you to a third-party.
  • We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis.
  • We may suspend, withdraw, discontinue or change all or any part of our website (including, but not limited to, the Goods and/ or Services available) without notice to you. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period.
  • You are responsible for making all arrangements necessary for you to have access to our website, including, but not limited to, mobile data and the costs associated with it. We do not guarantee that our website, or any portion thereof, will function on any particular hardware or devices. In addition, use of our website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  • You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

6.      RIGHTS GRANTED TO YOU

  • Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferrable and revocable, license to access and use our website and Content at any time, solely for your personal, non-commercial use.
  • We may terminate this licence at any time for any reason.
  • Any rights not expressly granted herein are reserved by us.

7.      PROHIBITED USES

You may not use our website or Content:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (including but not limiting to harassment of third party service providers).
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example: Spam).
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware into our website or the Content used by us or any other Users of our website; or
  • to access, without authority, interfere with, damage or disrupt any part of our website or the equipment or network on which the website is stored.

You may further not:

  • remove any copyright, trademark or other proprietary notices from any portion of our website or from the Services available;
  • reproduce, copy (direct or in-direct), modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our website or the Services (or any part thereof);
  • decompile, reverse engineer or disassemble our website or the Services except as may be permitted by applicable law;
  • cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or hindering the operation and/or functionality of any aspect of our website;
  • frame our website or any part thereof;
  • access or use our website or the Content through automated means, including through the use of robots, spiders, or offline readers(other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of our website or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); or
  • attempt to gain unauthorized access to or impair any aspect of our website or its related systems or networks.

E-mail addresses, names, telephone numbers, physical addresses and/or fax numbers published on our website may not be incorporated into any database used for commercial purposes or electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from us to utilise same.

8.      INTELLECTUAL PROPERTY RIGHTS

  • We are the owner and/ or rightful licensee of all intellectual property rights (including but not limited to any material, information, software, icons, text, graphics, images, sound clips, advertisements, video clips, concepts, know-how, data processing techniques, copyrights, patents, designs (including the website look and feel and lay out and photos), inventions, trademarks, trade name, logos, service marks, tables and compilations of data which are created, invented and/ or developed, registered or unregistered, in our website and Content and any subsequent Services.
  • Any use, distribution or reproduction of our Content is prohibited unless expressly authorised in terms of these Terms of Use or otherwise provided for in law.
  • The content, information and services made available on our website are protected by South African and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
  • You may copy, and may download extracts, of any page(s) from our website for your personal use and to determine whether you wish to acquire the Goods advertised on our website. You may draw the attention of others to content posted on our website or by sharing same via social networks or other means available.
  • You must not modify the copies of any materials you have printed off or downloaded from our website in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors of Content on our website must always be acknowledged.

Neither these Terms of Use nor your use of our website or Services convey or grant to you any rights:

  • in or related to our website except for the limited license granted under paragraph 6 above; or
  • to use or reference in any manner our business names, service names, product names, logos, trademarks, designs or services marks or those of our licensors (registered or un-registered).

9.      LIMITATION OF OUR LIABILITY

  • WE PROVIDE OUR WEBSITE TO YOU ON AN “AS-IS” AND ON AN “AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED. IN ADDITION, WE MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY REGARDING THE TIMELINES, QUALITY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF OUR WEBSITE OR ANY OF OUR SERVICES THROUGH THE USE OF OUR WEBSITE, OR THAT THE USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT IT IS WITHIN YOUR SOLE DISCRETION TO USE OUR WEBSITE AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR WEBSITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND THAT YOU WILL INDEMNIFY US AGAINST ANY CLAIM, DEMAND, DAMAGE, COSTS, LOSS OR LIBILITY (INCL. REASONABLE ATTORNEY’S FEES) RELATED TO YOUR USE OF OUR SITE.
  • WE, OUR OWNERS (WHERE APPLICABLE), DIRECTORS (WHERE APPLICABLE), EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED ARISING FROM THE ACCESS OR USE OF OUR WEBSITE OR THE PURCHASE OF ANY OF OUR OR ANY THIRD PARTY PRODUCTS OR SERVICES.
  • YOU AGREE TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEY OWN CLIENT FEES), ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS OF USE; OR (II) YOUR VIOLATION OF OUR RIGHTS.
  • WE WILL NOT BE LIABLE TO YOU FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF OUR SERVICES TO YOU IF AND TO THE EXTENT THAT SUCH DEFAULT OR DELAY IS CAUSED BY ANY ACT OF GOD, WAR OR CIVIL DISTURBANCE, LABOUR UNREST, COURT ORDER, OR ANY OTHER CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL INCLUDING FLUCTUATIONS IN COMMUNICATIONS OR UTILITY SERVICES (“FORCE MAJEURE”) AND PROVIDED WE ARE OBVIOUSLY WITHOUT FAULT IN CAUSING SUCH DEFAULT OR DELAY, AND SUCH DEFAULT OR DELAY COULD NOT HAVE BEEN PREVENTED BY THE US THROUGH THE USE OF ALTERNATIVE SOURCES, WORKAROUND PLANS OR OTHER MEANS.
  • DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF SERVICES BY US TO YOU, WHICH WILL BE SET OUT IN OUR TERMS OF SUPPLY.

10.   SECURITY

  • Although we are not obliged to provide security on our website, we feel it is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. However, because of the nature of the Internet, we cannot guarantee that your communications with us via our website are completely secure at all times.
  • To provide adequate security to all our Users, and to monitor activities prohibited under section 86 of the ECT Act, you hereby agree to our right to intercept, monitor, block, read, delete or access all data sent to the website or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications, subject to the conditions as set out under the RIC Act.
  • It is our policy to virus check documents and files before they are uploaded to our website. However, we cannot guarantee that documents or files downloaded from our website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you agree not to upload or provide, via our website, any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our website.

11.   LINKING TO OUR WEBSITE

  • You may link to our website from your website or other social media page, but only to the homepage or page of your service provider, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it or breach any provision of these Terms of Use.
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or provide a link to our website in any website that is not owned by you.
  • We reserve the right to withdraw linking permission without notice to you.
  • The website in which you are linking must comply in all respects with our Acceptable Use Policy.

12.   CONTENT AND LINKS IN OUR WEBSITE

  • Where our website contains links to other websites and resources provided by third parties, these links are provided for your convenience and information only. You acknowledge that different terms of use and privacy policies may apply to your use of such third party content. We do not endorse such third party content and in no event shall we be responsible or liable for any Services of such third party providers.
  • Social networks: You agree that when accessing, using and/or posting or uploading any content or materials of any kind to our social network pages (including but not limited to Facebook, Twitter, LinkedIn, YouTube or any other facility made available by us from time to time), You will-
  • not use the social network page of communication facility in any improper or unlawful manner or in breach of any legislation or licence that applies to You;
  • not harass others or disclose personal information about others that could amount to harassment;
  • not submit, publish, post, upload, store, distribute or disseminate any defamatory, infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise illegal or objectionable material or information;
  • not submit, post or upload files that contain software or other material the intellectual property rights in which are owned by any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
  • not upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the social network page or any other computer;
  • not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way;
  • not promote any activity that is illegal;
  • not use software to harvest information from the social media network page;
  • not submit any material which is prohibited by any applicable data protection or privacy legislation;
  • only upload or submit material to the social network page which either You own or which You have the permission of the owner of that material to submit; or
  • not otherwise submit, post or upload any content or materials or otherwise do anything in breach of the social media networks’ Terms of Use.
  • Social media is not a medium for conflict resolution or lodging complaints. Complaints should be sent by using our Contact
  • abide to the particular social network’s Code of Conduct (Facebook) or Rules and Policies (Twitter) or any other similar rules and guidelines made available by the particular social network. You agree that You shall be solely responsible for all content, information or materials of whatever nature or medium that You submit, post, upload, publish or display on or through the social media network page or transmit to or share with other users (“User Content”) and You warrant and undertake that You own the intellectual property rights in and to all User Content or that You are otherwise entitled to submit the same to the Page. You acknowledge and agree that We may, but are not obligated to, monitor the content (including the User Content) on the social media network page(s) and may delete or remove from the said page immediately without notice any User Content or any other content of whatever nature, for any or no reason, including without limitation, if such content in our absolute discretion is in breach of any of the rules or guidelines made available or in breach of these Terms of Use.

13.   BREACH, SUSPENSION AND TERMINATION

  • Kindly take note that it is within our discretion to determine whether there has been a breach of these Terms of Use through your use of our website. When a breach occurs, we may take such action as we deem appropriate.
  • We specifically exclude any liability for our actions taken in response to a breach of these Terms of Use.
  • All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
  • No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past or which may arise in future.
  • Any provision under these Terms of Use, which contemplates performance or observance subsequent to any termination, or expiration of these Terms of Use shall survive any termination or expiration of these Terms of Use and continue in full force and effect.

14.   APPLICABLE LAW AND JURISDICTION

Please note that these Terms of Use, its subject matter and its formation, are governed by the laws of the Republic of South Africa. The parties further agree to the exclusive jurisdiction of the Western Cape High Court (Cape Town), which shall have exclusive jurisdiction over any dispute that may arise from these Terms and Conditions.

15.   CHANGE OF OWNERSHIP

  • If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights and obligations under these Terms of Use (including those as per our Privacy Policy) to a successor, purchaser, or separate entity. We will disclose the transfer on the website.

16.   ELECTRONIC COMMUNICATION AND CONTACT

  • Any Data Messages sent by us to you shall be deemed to have been sent from the Premises.
  • A Data Message is deemed to be sent:
  • By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and
  • By you, at the time when we confirm receipt thereof (excluding an automated response).
  • A Data Message is deemed to be received:
  • By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does; and
  • By you, once it enters your information system.
  • As provided for in terms of section 11(3) of the ECT Act, all information incorporated by the use of hyperlinks and / or other methods of reference shall form part of these Terms of Use.
  • Attribution of Data Messages– You agree and warrant that any Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.
  • Expression of Intent – use of our website: For purposes of electronic communications between you and us, no electronic signature is required. The mere browsing of our website demonstrates your intent to be a party to these Terms of Use.

17.   CONTACT US

  • Website functionality or any other recommendations: Send us an email at sales@diyexpress.co.za.
  • Questions or queries about Services and related services: Contact us by way of our Contact Us
  • Complaints: We kindly request that you contact us first should you have any complaints or any other service related issues. It is important to us that you are satisfied with your purchases (if any). You may use the contact information as per our Contact Us Please ask for a reference number if you speak to any of our representatives/ consultants. We will of course reply to your complaint as soon as practically possible, but wish to note that we stand under no legal obligation to resolve such complain.
  • Legal Documentation or Notices (hopefully this will never be required):
  • Physical address: Clause 2 above;
  • Email: see Contact Us page (subject: “LEGAL”);
  • Marked for the attention of: Managing Director (Legal)
  • If we are required to send you any legal documents or notices you agree that we can send it via electronic mail to your email address, or by written communication by way of registered post to your address or if delivery to the aforesaid addresses is not successful, then such contact details we may find about you on the Internet.
  • Any notice to you, or us, which is:
  • sent by prepaid registered post in a correctly addressed envelope to the address specified for it under clause 2 above shall be deemed to have been received, unless the contrary is proven, within 10 (ten) days from the date on which it was posted;
  • delivered by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
  • sent by a Data Message to the addressee shall be deemed to be received as per clause 16 above.
  • Notwithstanding anything to the contrary herein, a written notice actually received by you or us, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to the chosen address.

18.   DEFINITIONS

 

PLEASE READ THESE TERMS AND CONDITIONS OF SUPPLY CAREFULLY BEFORE ORDERING. 

You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions

You should print a copy of these terms and conditions for future reference.

By clicking on the button marked “I Accept”, OR ANY SIMILAR BUTTON ON THE DIY DIREST SA PLATFORM, AS MAY BE APPLICABLE, OR BY CLICKING THE “CHECKOUT” BUTTON, you ACKNOWLEDGE THAT YOU HAVE READ AND understand and agree to these terms OF SUPPLY.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

  1. TERMS OF SUPPLY
    • These are the terms and conditions (“Terms of Supply”) relevant to the Products we offer and supply. These Terms of Supply refer to the following additional terms which also apply to the offer and supply of the Products:
    • The above terms and conditions and policies are hereby incorporated by reference and together are the agreement (“Agreement”) between us and you in terms of the provision of Products and related services. If there is any conflict between the above terms and conditions/ policy and this Terms of Supply the latter will prevail.
    • Why you should read them: These Terms of Supply tell you who we are, how we will provide Products to you, how either us or yourselves may amend or end the contract for the supply of Products, what to do if there is a problem with your order and other important information.
    • These Terms of Supply contain provisions that appear in similar text and style to this paragraph 4 and which:
      • may limit our risk or liability or the risk or liability of a third party; and/or
      • may create risk or liability for you (as a Consumer); and/or
      • may compel you to indemnify us or a third party; and/or
      • may serve as an acknowledgement, by you, of a fact.
    • Your attention is therefore drawn to these Terms of Supply in bold because they are important and should be carefully noted.
  1. INFORMATION AND CONTACT DETAILS
    • Who we are: See our Terms of Use.
    • How to contact us: To contact us, please use the contact information as per our Contact Us-page.
    • How we may contact you: If we have to contact you, we will do so by telephone or by writing to you at the email address, postal address or other electronic communication facility address you provided to us in your Purchase Order and/or the information saved in your “My account” profile when you registered as a user.
    • Writing” includes emails: When we use the words “writing” or “written” in these Terms of Supply, this will include Data Messages, including, but not limited to, emails. You acknowledge that all agreements, authorisations or requests on our website satisfy the “writing” requirement as per section 12 of the ECT Act.
  1. HOW THE CONTRACT IS FORMED BETWEEN US
    • Signing: No electronic signature is required to conclude the contract between us; the mere sending of a Data Message or click on “I accept” or “Checkout” or “Submit” or placing a tick in the tick box made available to you demonstrates your acknowledgement and agreement to these Terms of Supply and the Product specific T&C’s (where applicable).
    • Product specific T&C’s: Certain Products may have additional terms and conditions that will apply. The Product specific T&C’s will be presented to you prior to submitting your offer and should be read with these Terms of Supply.  Insofar as any term and condition in Product specific T&C’s conflicts with these Terms of Supply in respect of:
      • the description of the Products (including, but not limited to, pricing, specifications, return policy, delivery policy), the Product specific T&C’s shall prevail;
      • any other matter, these Terms of Supply shall prevail.
    • Products with pricing on our website: by placing the products on our website we invite you to do business with us;
    • The Offer: your order / submission of the selected Products to us is your offer to acquire the Products from us;
    • Acceptance of your Purchase order: Our acceptance of your Purchase Order will take place at our Premises on receipt of your payment, which we may confirm via email or telephone (take note, at this stage no contract has been concluded between us);
    • Contract formation: a contract will be concluded between us on delivery of the Products at your selected address (“Commencement Date”);
    • If we cannot accept your order or deliver your order: If we are unable to accept your order or deliver your order we will inform you of this and will refund your payment we have received as cleared funds. This might be because the Product is out of stock, unexpected limits on our resources which we could not reasonably foresee or plan for, an error in the price or description of the Product or because we are unable to meet a delivery deadline or performance date you have specified.
    • Your Order Number: We will assign an order number/ reference number to your order on acceptance thereof. Please use the order number as a reference when enquiring on your order.
    • Restrictions on Sales: Our website and associated services are solely for the promotion of our Products in South Africa. Unfortunately, we do not accept orders where the delivery address is outside the Republic of South Africa
  1. PRODUCTS & PRODUCT DESCRIPTION
    • Products may vary slightly from their pictures: The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. The Product(s) may therefore vary slightly from those in the images. Such variations shall not form part of the Contract or have any contractual force.
    • Product packaging may vary: The packaging of the Products may vary from that shown on images on our website.
    • Stock Availability: The stock of all Products presented on our website is limited. We will make all reasonable efforts to discontinue presenting the Products on our website or show “out of stock” as soon as stock is no longer available.  However, should items still be presented on our website after the remaining stock is sold, we will only be liable to refund any monies paid by you where we are unable to fulfil your order at the indicated prices.
  1. YOUR RIGHTS TO MAKE CHANGES
    • Before submission of your order: Prior to submission of your order you will be allowed to make changes to your selection of Products
    • After submission of the order: If you wish to amend your order please Contact Us as soon as possible. Prior to delivery or your collection of the Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Products, you may return the Products only in accordance with the Delivery and Returns Policy.  We will confirm whether the change requested is possible. Should it be possible, we will let you know of any changes to the price of the Product(s), the time of supply and delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with such change.
  1. OUR RIGHTS TO MAKE CHANGES
    • Minor changes to the Products – We may change the Products and specifications:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements.
    • More significant changes to the Products and these Terms of Supply: we may amend or change any Product or these Terms of Supply prior to the Commencement Date of our contract with you. If we do so, we will notify you and you may then Contact Us to end the Contract and receive a full refund before the changes take effect.
  1. DELIVERY OF PRODUCTS
    • Delivery costs:
      • The costs of delivery will be as displayed in the “Basket” as part of the Purchase Cycle before “Checkout”
      • Road freight charges will vary dependent on delivery area (postal code and physical delivery address required) and the size and weight of your item (you will be charged on the greater of actual versus volumetric weight).
    • Delivery of the Products:

Unless otherwise stipulated in the Product specific T&Cs and subject to availability and receipt of payment, the following provisions will apply:

  • The Products will be delivered to you:
    • as per the estimate date as confirmed during the Purchase Cycle/ in the “Checkout”;
    • as soon as reasonably possible (in the event of no estimate date); or
    • in any event within 30 (thirty) days after the day on which we accept your order.
  • All deliveries have unique tracking numbers, and are delivered by selected service provider. We will provide you with your tracking number when we send your confirmation of payment and your order/ invoice number. If you would like to track your parcel, please contact sales@diyexpress.co.za, providing your order/invoice number.
  • All deliveries are dispatched from our facility in Cape Town, South Africa.
  • We make use of reputable road freight companies for national deliveries. Kindly note that we ONLY SUPPLY AND DELIVER WITHIN SOUTH AFRICA (at least for now).
  • Once you have received your Product, it is advisable to immediately inspect it for any possible damages that may have occurred during transportation. This must be noted on the particular waybill/ documentation presented by the transporter at the time.
  • Kindly notify our sales team at sales@diyexpress.co.za immediately;
  • If your Product has not been delivered within 7 (seven) Business Days, please contact us at sales@diyexpress.co.za immediately should you receive a damaged item. Please include photographs, your order or invoice number, as well as a copy of the delivery documentation.
  • All Products must be signed for on delivery by an adult person aged 18 (eighteen) years or older. If no person of that age is present at the address when the delivery is attempted, the Products will be retained by the courier, in which case notification of the attempted delivery will be given to you.  The courier service will subsequently arrange a suitable date and time for delivery.
  • We are not liable for any delays in timeous delivery of your Products where such delays are caused by events outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as reasonably possible to let you know and we will take necessary steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may Contact Us to end the Contract and receive a refund for any Products you have paid for but not received.
  • Delivery at the location you selected: We shall have the courier deliver the Products at the location set out in your order or such other location as we may agree to in writing (“Delivery Location”), during business hours (08:00 – 17:00, excluding public holidays and weekends).  It is your responsibility to ensure that the address as set out in your order is correct.
  • If you are not at home at time of delivery: It is your responsibility to ensure that there is someone to take delivery of the Products at the Delivery Location. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the courier will leave you a note informing you of how to re-arrange delivery.
  • If you do not re-arrange for delivery: If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and paragraph 2 below will apply.
  • Your legal rights if we deliver late: You shall have the following options if we deliver any Products at a location, date and time other as agreed to:
    • Accept the delivery or performance at the location, date and time; or
    • Require the delivery or performance at the agreed location, date and time, if that date and time has not yet passed; or
    • cancel the Contract without penalty by submitting your intention in writing to do so, within 7 (seven) days of such delivery.
    • Setting a new deadline for delivery: If you do not wish to treat the Contract as at an end subsequent to the above 7 (seven) days written notice, or selected to accept the delivery or performance at the location, date and time, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
  • Ending the Contract for late delivery: Should you elect to treat the Contract as at an end as a result of the late delivery under paragraph 7 above, you can cancel your order for any of the Products or reject any Products that have been delivered by submitting your intention to do so in writing within 7 (seven) days of delivery of such Products. If you so wish, you may reject or cancel the order for some of the Products (but not all of them), unless splitting them up would significantly reduce their value.  After that we will refund any sums you have paid to us for the cancelled Products and their delivery.  If the Products have been delivered to you, you must either return the Product to our Premises in person, post them back to us or (if they are not suitable for posting) allow us to collect them from you.  We will pay the costs of postage or collection. Please Contact Us for a return or to arrange for collection.
  • Unable to supply Products ordered: If we are unable to supply the Products ordered on the grounds that the Products ordered are unavailable, we will notify you of this fact and refund any payments within 30 (thirty) days after the date of such notification.
  • Acceptance of delivery: By accepting delivery of the Products at the agreed Delivery Location (either by signing a delivery note or taking possession of the Products) we assume you had sufficient time to examine the Products delivered and that you are satisfied with the quality and quantity of said Products.
  • Transfer of Risk: All risk in and to the Products shall transfer to you on the date of delivery of the Products to the address you gave us.
  • Transfer of Ownership: You will own the Product once we receive payment in full and it has been delivered to you.
  • What will happen if you do not give required information to us: We may need certain information from you in order to supply the Products, for example, your physical address. If so, this will have been stated in the description of the Products on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and paragraph 2 below will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not accept any liability for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
  • Reasons we may suspend the supply of Products to you: We may need to suspend the supply of a Product to:
    • deal with technical problems or make minor technical changes to the Website;
    • update the Products to reflect changes in relevant laws and regulatory requirements; or
    • make changes to the Products requested by you or notified by us to you (see paragraph 6 above).
  • Your rights should we elect to suspend the supply of Products to you: We will contact you in advance if we elect to suspend the supply of any Products to you, unless the problem is urgent or an emergency. If we have to suspend the Products. You may contact us to stop delivery of the Products if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 (thirty) days and we will refund any sums you have paid in advance for the Products in respect of the period after you end the Contract.
  • Products delivered in error: You must notify us in writing immediately of any Products delivered to you in error. Products shall not be seen as unsolicited Products if delivered in error and we have informed you of said error within 10 (ten) Business Days after delivery and collect same within 20 (twenty) Business Days after such notice or where the delivery is obviously made to you by mistake and you have not informed us of such error in delivery within 10 (ten) Business Days from receipt thereof.
  1. YOUR RIGHTS TO END THE CONTRACT
    • You can always end your Contract with us: Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
      • If what you have bought is damaged, spoilt or incorrectly described you may have a legal right to end the Contract (or to get the Product replaced or to get some or all of your money back), see paragraph 11 below.
      • If you want to end the Contract because of something we have done or have told you we are going to do, see paragraph 2 below.
      • If you changed your mind about the Product (see paragraph 3 below), you may be able to get a refund if you are within the cooling-off period (see paragraph 8.3 below), but this may be subject to reasonable deductions and you will have to pay the costs of return of any of the Products.
      • In all other cases (if we are not at fault and there is no right to change your mind), we wish to refer you to paragraph 5 below.
    • Ending the Contract because of something we have done or are going to do: If you are ending a Contract for a reason set out in paragraph 2.1 to 8.2.5 below, the Contract will end within 7 (seven) days from receipt of your written notice and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the Product(s) or these Terms of Supply which you do not wish to agree to (see paragraph 2 above);
      • we have told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed;
      • there is a risk that supply of the Products may be significantly delayed because of events outside our control;
      • we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 (thirty) days; or
      • you have a legal right to end the Contract because of something we did wrong (including instances where delivery of the Products was late (see paragraph 8 above).
    • Exercising your right to change your mind (ECT Act): For most Products bought online you have a legal right to change your mind within 7 (seven) days after the date of receipt of the Products (“Cooling-off Period”). The following will apply in terms of the Cooling-off Period:
      • The Cooling-off Period will not apply if any of the products are listed under section 42(2) of the ECT Act including, but not limited to where the price for the supply of the Product is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier or where the Product is made to your specifications or the Product is clearly personalised;
      • You will have to notify us in writing that you have changed your mind and such notice must be received by us within the Cooling-off Period.
      • We may charge you the direct cost of returning the Products and/or the reasonable costs and expenses actually incurred by us between the Commencement Date and the date of receipt of your above notice.
      • Where you have made payment to us already we will refund you the amount paid, minus any costs as stated under paragraph 3.3 above, within 30 (thirty) days from date of cancellation.
    • How long do I have to change my mind?
      • If you bought Products, you will have 7 (seven) days after the day you (or someone you nominate) receive the Products, unless:
        • Your Products are split into several deliveries, over different days. In this case you will have 7 (seven) days to change your mind about the Products, where the 7 (seven) days will commence on the day you (or someone you nominate) receive the last delivery of the Products ordered.
        • Your Products are for regular delivery, over a set period. In this case you will have 7 (seven) days from the day you (or someone you nominate) receive the first delivery of the Products.
      • Ending the Contract where we are not at fault and there is no right to change your mind: If you do not have any other rights to end the Contract (see paragraph 1 above), you can still Contact Us before it is completed and tell us you want to end it.  If you do this the Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable compensation as compensation for the net costs and expenses we will incur as a result of your ending of the Contract.  Please take note that you will be responsible for the costs of return (see paragraph 9.3 below).
  1. HOW TO END THE CONTRACT WITH US
    • Tell us you want to end the contract: To end the contract with us, please contact us by one of the following methods:
      • Phone or email: Call Customer Services on 064 854 5055 or email us at sales@diyexpress.co.za.  Please provide your name, home address, details of the order and, where available, your phone number and email address.
    • Returning Products after ending the Contract: If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us immediately.  You must either return the Products via courier (against your own account) or advise us to pick it up (if the pickup-point is within 20 (twenty) km from the Cape Town business district.  Please call Customer Services 064 854 5055  or email us at sales@diyexpress.co.za for a return or to arrange collection.  If you are exercising your right to change your mind you must send off the Products within 14 (fourteen) days of telling us you wish to end the C
    • When we will pay the costs of return: We will pay the costs of return:
      • if the Products are damaged (prior to delivery), spoilt or incorrectly described;
      • if you are ending the Contract because we have told you of an upcoming change to the Product or these Terms of Supply, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must:

  • pay the costs of return;
  • return the Products in the original unopened packaging;
  • if opened: We may charge you for use of the Products during the time in your possession, unless they are Products that are ordinarily consumed, and no such consumption has occurred or any consumption of the Products, unless that consumption is limited to a reasonable amount necessary to determine whether the Products are acceptable to you; and
  • we may charge you on all returns (excluding returns under paragraph 3.1 and 9.3.2 above) a reasonable amount for the use of the Products.
  • What we charge for collection: If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
  • If you are responsible for the costs of return and we are not collecting the Product(s) from you, you will be responsible to arrange your own transportation for any returns.
  • How we will refund you: We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
  • Deductions from refunds: If you are exercising your right to change your mind:
    • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3 – 5 Business Days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  • When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind:
    • and we have not offered to collect the Product(s) from you, your refund will be made within 14 (fourteen) days from the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us; or
    • in all other cases, your refund will be made within 14 (fourteen) days of you informing us that you have changed your mind.
  1. OUR RIGHTS TO NOT DELIVER THE PRODUCT
    • Without prejudice to any of our other rights under these Terms of Supply, We may not delivery the Product to you if:
      • you fail to make any payment to us when due and payable;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
      • you do not, within a reasonable time, allow us to deliver the Products to you.
    • If we have incurred any costs prior to delivery as a result of any of your actions as stated under paragraph 1 above we will refund any monies you have paid in advance for Products we have not provided but we may deduct or charge you a reasonable compensation for the net costs we may have incurred as a result of your order and preparation for delivery.
    • We may withdraw the Product(s): We may write to you to let you know that we are going to stop providing a Product (where you have not received the Product yet). We will let you know at least 10 days in advance of the suspended Products and will refund any sums you have paid in advance for such Products.
  1. PROBLEMS WITH THE PRODUCTS
    • How to notify us of any problems relating to the Products: If you have any questions or complaints about the Products, please Contact Us You can contact Customer Services at 064 854 5055 or write to us at sales@diyexpress.co.za or our Premises.
    • Summary of your legal rights: We are under a legal duty to supply Products that are in conformity with the Contract between you and ourselves. See the box below for a summary of your key legal rights in relation to the Products.  Nothing in these Terms of Supply will affect your legal rights.
    • Product Warranty: Where Product is made available under warranty we shall have the right to:
      • Repair the Product;
      • Replace the damaged, unsafe or defective Product; or
      • Refund to you the price paid for the Products.
    • The above rights under 3 above are subject to the following:
      • We are given a reasonable opportunity to inspect the Products;
      • You deliver the Product to us;
      • That subsequent to delivery of the Products, the Products were not altered or utilised (including stored) contrary to the instructions;
      • Fair wear and tear; and
      • Where any negligent- or wilful conduct by you or any third party resulted in the defect of the Products.
    • Your obligation to return rejected Products: If you wish to exercise your legal rights to reject Products you must either return them via courier to us or allow us to collect them from you (if the pick-up point is within 20 km from the Cape Town business district. Please phone Customer Services at 064 854 5055 or email us at sales@diyexpress.co.za to arrange collection.
  1. PRICE AND PAYMENT
    • The price of Products: The price of the Products will be the price as indicated on the order-pages when you place your order and confirmed in the Basket. We will use all reasonable efforts to ensure that the price of the Products advised to you is correct.  However, there might be instances where this is not the case and we refer you to paragraph 3 below in these instances.
    • VAT:
      • All prices and/or costs quoted by us shall be inclusive of all applicable taxes but exclusive of VAT, which shall be shown clearly and separately to the agreed fees charged in terms of the Products. Taxes or other charges, including, but not limited to, transfer fees, bank charges, local taxes and value added taxes in other jurisdictions shall not be deducted from the payments due to us but shall be paid in addition to the fees due to us.
      • If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
    • What happens if we got the pricing wrong? There is always the possibility that, despite our best efforts, some of the Products we sell/make available may be incorrectly priced. We will normally check prices before accepting your Purchase Order so that, where the Product’s correct price at the time of your Purchase Order is less than our stated price at the time of your Purchase Order, we will charge the lower amount.  If the Product’s correct price at the time of your Purchase Order is higher than the price stated, we will contact you for your instructions before we accept your Purchase Order. If we accept and process your Purchase Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any monies you have paid and require the return of any Products provided to you.
    • Unexpected price changes: It is agreed that should there be a subsequent price increase on the Products where full payment is received only subsequent to the delivery of the Products, and such increases are beyond our control, including but not limited to, foreign exchange fluctuations, increased third party products or services, surcharges, taxes, rates or levies, delay caused by any of your instructions, regulatory changes, we shall be entitled to increase the affected Products charges accordingly, by the rand value of the increase, but in proportion to the Products provided after written notification to you.
    • Time and method of payments: We accept payment in the following manner:
      • Electronic Fund Transfers:
        • details to be provided to you during the Purchase Order/Purchase Cycle payment process;
        • Purchase Orders will only be processed on receipt of cleared funds, this might take up to 24 hours and receipt of proof of payment from you.
      • Credit Card Payments:
        • Credit card transactions will be acquired for our benefit via PayGate (Pty) Ltd (“PayGate”) who is the approved payment gateway for all South African Acquiring Banks.
        • PayGate allows for payment with Visa and Mastercard credit cards.
        • PayGate is PCI-DSS Level 1 Compliant;
        • PayGate uses the strictest form of encryption, namely Extended Validation SSL (Secure Socket Layer) with 256-bit encryption and 3D Secure.
        • No credit card details are stored on our database. Users may go to http://www.PayGate.co.za to view their security certificate and security policy.
        • We will store your details separately from your credit card details which are entered by you or your Authorised User on PayGate’s secure website. For more detail on PayGate refer to http://www.PayGate.co.za;
        • The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa. Therefore, the transaction currency is South African Rand (ZAR).
      • Credit Card Refunds: We will process the refund to your credit card as soon as we receive your returned shipment. Please allow for a period of 30 days for the refund to reflect.  If you have made payment by any other means we will transfer the refund by way of Electronic Funds Transfer.
      • When you must pay depends on what Products you bought: You are required to pay for the Products before we dispatch them. We will not dispatch any Products unless payment has been made in full.
      • What if my invoice is incorrect? Should you believe that any part of your invoice is incorrect please Contact Us promptly to let us know and we will not charge you interest until we have resolved the issue.
      • We may, in our sole discretion and notwithstanding any instructions by you, appropriate any payment received from or on your behalf to any of your indebtedness to us arising from any cause whatsoever.
      • Special Offers:
        • We shall not be liable for the sale of Products at lower prices if such lower prices were increased and you could not, for any reason, conclude a Contract while such prices were at such lower price.
        • Should we supply the wrong Product to you or if the Product is in any way faulty or damaged, we will exchange the Product for the correct/non-faulty/undamaged one. However, if the Product is no longer being offered at the special discounted price, it will not be replaced and we will refund you with the purchase price and delivery costs.
      • Records of Transactions: We will keep a record of your transaction with us.
  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • Limitation of Liability:
      • We have taken all reasonable steps to ensure that content shown on the Website is complete and accurate. We therefore take all reasonable steps to ensure that you don’t suffer any loss or damage as a result of your use of the Website.
      • Unless otherwise determined by law, under no circumstances (including negligence) will we, our subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting or distributing our Website or related services be liable for any indirect, incidental, special or consequential damages arising from or in connection with the use or inability to use the Website or any content provided by or through the Website, or resulting from any unauthorised access to or alteration of your transmissions or data, or other information sent or received, including but not limited to, damages for loss of profits, data or other intangibles, even if we have been advised of the possibility of such damages.
      • Our liability to you in connection with any order will not exceed the total price charged for the Products and the delivery costs.
    • Liability for damage caused by Products:
      • Except for paragraph 2.1.5 below, the producer, importer, distributor, retailer or us may be liable for:
        • any death of, or injury to, any natural person;
        • an illness of any natural person;
        • any loss of, or physical damage to, any property, irrespective of whether it is movable or immovable; and
        • any economic loss that results from harm contemplated in paragraph 2.1.1 to 13.2.1.3 above, caused wholly or partly as a consequence of:
          • the supply of unsafe Products;
          • a Product failure, defect or hazard in any Product; or
          • inadequate instructions or warnings provided to you.
        • Liability does not arise if:
          • the unsafe product characteristic, failure, defect or hazard that results in harm is wholly attributable to compliance with any public regulation;
          • the alleged unsafe Product characteristic, failure, defect or hazard;
          • did not exist in the Products at the time it was supplied by us to You or any of our Product providers to you; or
          • was wholly attributable to compliance by us with instructions provided by the manufacturer or importer who supplied the Products to us or any of our Product providers, in which case paragraph 2.1.5.3 above does not apply;
          • it is unreasonable to expect us or any of our Product providers to have discovered the unsafe Product characteristic, failure, defect or hazard; or
          • with reference to paragraphs 2.1.1 to 13.2.1.4 above, the claim for damages is brought more than 3 years after the death or injury of a natural person; earliest time at which a person had knowledge of the material facts about an illness; or earliest time at which a person with an interest in any property had knowledge of the material facts about the loss or damage to that property; or the latest date on which a person suffered any economic loss.
  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use your Personal Information in accordance with our Privacy Policy.

  1. FORCE MAJEURE

We will not be liable for any default or delay in the performance of our obligations under these Terms of Supply if, and to the extent that, such default or delay is caused by any act of God, war or civil disturbance, court order, or any other circumstance beyond our reasonable control including fluctuations in communications or utility services (“Circumstances of Force Majeure“) and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by us through the use of alternative sources, workaround plans or other means.

  1. OTHER IMPORTANT ITEMS
    • We may transfer this Agreement to someone else: We may transfer our rights and obligations under these Terms of Supply to another organisation/entity.
    • You need our consent to transfer your rights to someone else (except our guarantee which you can always transfer): You may only transfer your rights or your obligations under these Terms of Supply to another person if we agree to this in writing.
    • Nobody else has any rights under this contract: This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this Contract illegal, the rest will continue in force: Each of the paragraphs of these Terms of Supply operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this Contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these Terms of Supply, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not demand payment immediately, but we continue to provide the Products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings: These terms are governed and construed by the laws of the Republic of South Africa. The Parties hereby consent in terms of section 45 of the Magistrate’s Courts Act, 1944 (Act No. 32 of 1944), (or any similar section of an act replacing such Act) to the jurisdiction of any Magistrate’s Court in the Western Cape for the purpose of any proceedings in terms of or incidental to these Terms of Supply, notwithstanding that the amount claimed or the value of the matter in dispute may exceed such jurisdiction; provided that either Party shall, at its option, have the right to institute proceedings in the Western Cape High Court (Cape Town).
  1. DEFINITIONS
    • Authorised User means a User, other than yourself, authorised by you to enter and submit your information, including Personal Information, on your behalf;
    • Business Day means any day other than a Saturday, Sunday or an official public holiday within the Republic of South Africa;
    • Consumer shall have the same meaning attributed to it in terms of the CPA;
    • CPA means the Consumer Protection Act, Act 68 of 2008;
    • Data Messages shall have the same meaning attributed to it in terms of the ECT Act;
    • ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002;
    • Personal Information shall have the same meaning attributed to it in terms of the POPI Act;
    • POPI Act means the Protection of Personal Information Act, Act 4 of 2013;
    • Premises: 6 Kingsmead Close, The Crest, Cape Town, Western Province, 7550.
    • Products/Goods means the products available for purchase on our website;
    • Purchase Cycle means the process by which Products are selected from the website by you, added to the Basket by you, processed and paid for by you;
    • Shopping Basket means an electronic tool where you may place one or more Products (which will stay there for a predetermined time) which Products will eventually make up your Purchase Order;
    • Users mean users of our website (including you); and
    • VAT means value added tax in terms of the Value Added Tax Act, Act 89 of 1981, as amended.

We recommend you print these terms and conditions of supply for your records.

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