Terms & Conditions
1. Definitions
1.1. The Company shall mean Vermont Sales (Pty) Ltd with registration
number 2000/010105/07
1.2. The Customer shall mean the person or
entity who logged into The Website using the relevant User Name and Password
or entity who receives, or expects to receive, any goods or services from
the Company, or any persons or entities residing at the physical address
or email address implied during the course of any correspondence with the
Company.
1.3. The Company Systems shall mean all processes or means
(regardless of whether they are electronically automated, manually enabled
or provided by any third parties), that are used by the Company to capture
information, provide information to the Customer or third parties, deliver
goods, process payments, keep records, or ensure continuity of the services
or products offered by the Company.
1.4. The Website shall mean the
Internet website accessible using the Internet URL www.vermontsales.co.za
1.5. The OEM manufactures shall mean any third party entity or organisation
whose goods or services are offered by the Company for sale to the Customer.
1.6. The Goods shall mean any and all products and/or services provided
by, or offered by the Company to the Customer during the course of this
agreement.
1.7. The Delivery Address shall mean information supplied
by the Customer that is used by the Company to describe the physical location
where the Goods should be delivered to in fulfilment of this agreement.
2. Agreement
2.1. Subject to all the provisions of the clauses herein, the Company
hereby agrees to deliver the Goods, in a new and unused state, to the Delivery
Address, for the consideration amount - all as specified by a valid order
generated by the Company System. The Customer hereby agrees to pay the Company
the amount, in advance, for delivery of those Goods specified by that same
order.
2.2. The Customer further agrees to provide to the Company,
on request, all information required for it to meet its obligations in this
regard, including but not limited to, the Customers true identity, physical,
delivery and email addresses, contact phone numbers, and if necessary bank
account information.
3. Payment
3.1. All amounts payable in terms of this agreement shall be payable
in advance. No goods will be delivered until payment has been received in
full.
3.2. Notwithstanding 3.1 above, in the event that any goods
delivered are not paid for, or if payment for such delivered goods has subsequently
been reversed for any reason whatsoever, those goods remain the sole property
of the Company and will be returned to the Company immediately on demand,
in an unused condition, with all original packaging and documentation. Any
damages to the goods requiring repair, or costs attributable to the used
condition of the goods, or lack of, or damage to packaging, or the cost
of transporting or seizing those goods will be payable by the Customer on
demand.
3.3. The Company reserves the right at any time during the
delivery process, up until the goods are physically delivered to the Customer,
to cancel the Customer's order, for any reason whatsoever. In the event
that the Customer's payment has been processed before the order was cancelled,
the Company undertakes to ensure that the all amounts paid by the Customer
for that cancelled order are re-paid in full, no later than 10 working days
after the Customer receives the notification of cancellation of the order.
The Company undertakes, where possible, not to process the payment of any
orders cancelled, and/or, in any event, to re-pay in full, any orders cancelled
that have been processed.
3.4. The Customer shall be liable for any
and all expenses incurred by the Company on an attorney and advocate scale
whether incurred prior to or during institution of legal proceedings or
if judgement has been granted, in connection with the satisfaction of such
judgement, in regards to the enforcement of this agreement.
4. Delivery of Goods
4.1. Delivery occurs when the Company's appointed courier service hands
the goods to the Customer, or any persons claiming to represent the Customer,
at the specified Delivery address. The Delivery Note, generated by the Company's
appointed courier service will serve as sufficient documentary evidence
of such delivery. All risks pass to the Customer on delivery.
4.2.
The Company assumes that any persons claiming to represent the Customer
at the specified delivery address is duly authorised to receive the goods.
The Company, or its appointed courier service, cannot be held responsible
for any loss or liability whatsoever incurred in this regard.
4.3.
If no notification to the contrary has been received by the Company from
the Customer within 5 (five) working days after the Delivery Note date,
or the quoted delivery date to the Customer in the absence of a Delivery
Note, the Customer is deemed to have accepted the goods delivered as conforming
in all respects to that ordered.
4.4. The Company assumes that the
Delivery Address has been correctly specified by the Customer and thus cannot
be held responsible for incomplete, inaccurate, out of date or any other
discreprencies relating to information provided by the Customer, particularly
with regard to Delivery addresses, Customer contact information or any other
information required by the Company from the Customer in order to fulfil
any orders placed on the Company by the Customer. The Customer hereby acknowledges
that it is solely responsible for provision and on-going accuracy of all
such information required during any transactions undertaken with the Company.
4.5. If, for any reason, delivery could not take place, the Company
will attempt to contact the Customer using the contact information supplied
and use its best endeavours to coordinate one additional attempt at delivery.
If this attempt also fails, for any reason, the Company will cancel the
order and repay any money paid by the Customer for that order.
5. Goods lost or Damaged in Transit
5.1. The Company undertakes to ensure that all goods delivered are insured
against loss or damage up until delivery to the Customer.
5.2. If
the Customer believes that goods were either lost or damaged in transit,
it must notify the Company no later than 3 (three) working days of the goods
being received or being perceived overdue.
5.3. In the case of damaged
goods, the unused goods must be returned to the Company as soon as possible
with all associated packaging and documentation, the reasonable costs of
which will be born by the Company, provided the Customer's claim is valid.
The Company reserves the right, at its sole discretion, to reject such goods
returned, if it is reasonable to believe they were not in fact damaged in
transport.
5.4. In the event of such loss or damage, the Company
undertakes to either refund to the Customer the full amounts received from
any such insurance claim, or re-supply the goods, as originally ordered,
at its sole discretion.
5.5. On no account will the full extent of
the Company's liability to the Customer, in the event of lost or damaged
goods, exceed the original order amount for those goods.
6. Disclaimer for Liability
6.1. The Customer shall have no claim against the Company and the Customer
hereby indemnifies and holds the Company harmless and free from liability
in respect of any loss, damage or cost caused by or arising from:
6.1.1. any fact or circumstances beyond the reasonable control of the
Company; specifically including, but not limited to, acts of God or Force
Majeure or
6.1.2. any downtime, outage, interruption in or non-availability
of any of the services of the Company Systems and infrastructure;
6.1.3. any infringement of the Customers rights of privacy, constitutional
and/or any other like rights (including those of any other person or entity),
arising from the supply of goods provided in terms of this agreement;
6.1.4. any breach of security by any third party or any breach of confidentiality
by a third party or otherwise arising from any access howsoever obtained
by a third party to the Customer's information, data or content;
6.1.5. the damage, contamination or corruption of any kind of the Customer's
data, material, information and/or content howsoever occasioned;
6.1.6. without limiting the foregoing, any fact, cause or circumstances
whatsoever and howsoever arising if the Company has substantially performed
its obligations under this agreement.
6.1.7. any OEM product specifications
or images that may have subsequently changed, or have been erroneously represented
by the Company in any way;
6.1.8. the Customer following the advice
offered by the Company with regard to the suitability of any product for
any purpose. Such advice is offered as a guide only, and the Company does
not warrant that any product sold is fit for any purpose whatsoever.
6.2. Notwithstanding anything to the contrary contained in this agreement
or in any addendum or annexure to this agreement, the Customer shall have
no claim against the Company and the Customer hereby indemnifies and holds
the Company harmless and free from liability in respect of any loss, damage
or cost which is indirect, consequential or incidental in nature.
6.3. the Company reserves the right to take whatever action it deems
necessary at any time to preserve the security and reliable operation of
the Company Systems and the Customer undertakes that it will not do or permit
anything to be done which will compromise the security of the Company Systems.
6.4. Although the Company shall use reasonable endeavours to provide
disaster recovery, the Company does not specify any recovery time, nor shall
the Company be liable for any loss or damage of whatever nature incurred
or suffered by the Customer from any cause whatsoever as a result of the
Companys failure to provide, or delay in providing, or providing only partial,
disaster recovery. The Customer is accordingly advised to make back-ups
of its transactional, or any other type of data. Nothing contained in this
paragraph should be construed as a representation that any back-ups of data
implemented by the Customer will be successful or in any way will avoid
disaster.
6.5. Notwithstanding any of the provisions of this agreement,
in the event of a claim or claims for liability, for any reason whatsoever,
by the Customer on the Company, the Company's total liability to the Customer
shall not exceed the total payable amount by the Customer of any or all
orders, placed by the Customer on the Company in a one month period immediately
preceding the date of notification of the claimed liabilities, provided
such orders have been explicitly accepted by the Company in that period.
6.6. The Customer and the Company both warrant that they have complied
with all governmental, provincial and municipal statutory requirements promulgated
in relation to its principal business activities and that such compliance
will exist for the currency of this agreement. The Customer specifically
agrees to indemnify and hold the Company harmless in the event that the
Customer commits any transgression, and/or causes the Company to inadvertently
commit any transgression of any such regulations during the course of any
transactions with the Company.
7. Warranty
All goods are provided with the OEM manufacturer's warranty only. In the event that the Customer believes that the goods may be defective and qualify for a claim against the OEM manufacturer's warranty, such goods may be returned to the Company, all costs of such return to the Company to be born by the Customer. If, at the sole discretion of the Company, the goods do indeed qualify for a claim against the OEM manufacturer's warranty, the Company undertakes to forward the goods to the OEM manufacturer for repair, solely in terms of that warranty, and to return the goods back to the Customer once repaired. All associated costs of transport to and from the OEM Manufacturer to be born by the Company, provided such claim proves to be valid. In the event that the OEM manufacturer rejects such claim, all associated costs of repair, transport, insurance, customs duty and any other costs will be born by the Customer.
8. Maintenance and Repair of Company Systems
The Company may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of the Companys services. Where the circumstances permit, the Company shall use its best endeavours to provide prior notice of any such suspension to the Customer. The Customer shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond the Companys control.
9. Returning Stock for Credit
RETURN AND REFUND POLICY
- A non-negotiable Buyback Fee of 25% will be charged on items returned for credit to our warehouse.
- Items that are non-returnable include:
- Electronic goods like rechargeable batteries
- Electronic spare parts
- Products with an expiry date
- Health care products and goods
- Food related products like vitamins and supplements
- Clothing and workwear
- Custom orders or special-order items
- Items in which there is wear and tear, damage or visible usage
- Items without original packaging and/or is missing parts or accessories
- Products purchased during closeout sales and promotions
- Products specially marked “Non-Returnable”
10. Intellectual Property
10.1. All intellectual property rights vested in or owned by a party
or held by a party under any licensing agreement with any independent third
party shall be and remain the sole property of such party and the relevant
licensors respectively.
10.2. The Customer shall not be entitled
to use any of the images, content, trademarks, logos, brand names, domain
names or other marks (collectively referred to herein as marks) of
the Company or any of its associates, or any of the product OEM manufacturers,
without the prior written approval of the Company or the OEM manufacturers
respectively.
11. Cession, Delegation or Assignment
The Company shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of the Company or to any third party.
12. DOMICILIUM
12.1. The parties choose domicilium citandi et executandi (domicilium)
for the purposes of giving any notice, the payment of any sum, the service
of any process and for any other purpose arising from the agreement at the
addresses specified, in the case of the Customer, the physical address given
by the Customer's registration information, in the case of the Company,
by the physical address given in the 'Contact Us' page of the Website.
12.2. Any notice required or permitted to be given in terms of this
agreement shall be valid and effective only if in writing.
12.3.
Any notice given and any payment made by one party to the other (the
addressee) which: -
12.3.1. is delivered by hand during the normal
business hours of the addressee at the addressees Dom cilium for the time
being shall be presumed, until the contrary is proved, to have been received
by the addressee at the time of delivery;
12.3.2. is posted by prepaid
registered post from an address within South Africa to the addressee at
the addressees Dom cilium for the time being, shall be presumed, until the
contrary is proved, to have been received by the addressee on the 7th (seventh)
day after the date of posting;
12.3.3. is transmitted by tele-facsimile
or e-mail shall be deemed (in the absence of proof to the contrary) to have
been received within 1 (one) hour of transmission where it is transmitted
during normal business hours and within 2 (two) hours of the commencement
of the following business day where it is transmitted outside those business
hours.
13. Applicable LAW
13.1. The Customer hereby specifically agrees, during the course of this
agreement, to be bound by the laws of the Republic of South Africa only,
and that they hereby further specifically agree to waive and relinquish
all rights enjoyed under the laws of any other country that contradict,
or are not granted, or recognised by the laws of the Republic of South Africa.
13.2. All Internet or electronic transactions are deemed to have taken
place in Johannesburg, South Africa, at the time implied by the Company
System records.
13.3. All amounts will be paid in South African Rand
(ZAR).
14. General
14.1. This document constitutes the sole record of the agreement between
the parties and no addition, variation or agreed cancellation of this agreement
shall be of any force or effect unless in writing and signed by or on behalf
of the parties. If there is any provision in any addendum which conflicts
with any provision in the standard terms and conditions of sale, the latter
shall prevail.
14.2. No party shall be bound by any express or implied
term, representation, warranty or the like which is not recorded in this
agreement.
14.3. No extension of time or indulgence which one party
(the grantor) may grant to the other (the grantee) shall constitute a waiver
of any of the rights of the grantor who shall not be precluded from exercising
any past or future rights against the grantee.
14.4. All terms inferring
gender will apply to both male and female equally. All persons or entities
who are referred to in the singular or plural, will apply to both the singular
or plural interchangeably. All clause headings are intended for legibility
only, and no meaning whatsoever can be derived from, or associated with
those headings with respect to the following clause wording.