- INTERPRETATION
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- Definitions: In these Conditions, the following words shall have the following meanings:
- Business Day: a day other than a Saturday, Sunday, or public holiday in South Africa;
- Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions, which shall comprise these Conditions, the relevant Order and any other documents incorporated into these Conditions by reference.
- CPA: the Consumer Protection Act, 68 of 2008.
- Customer: the purchaser of the Goods from the Supplier.
- Delivery Period: the duration we will take to deliver the Goods to you (“Delivery Period”)
- Delivery Point: the location set out in the Order or such other location as is agreed in writing between the Supplier and the Customer. In the absence of any location specified in the Order or otherwise agreed between the Parties, the Delivery Point shall be the Customer’s principal place of business.
- Force Majeure Event: as defined in condition 13.
- Goods: the goods (or any part of them) set out in the Order.
- Group: means in relation to a company, that company, each and any subsidiary or holding company from time to time of that company, and each and any subsidiary from time to time of a holding company of that company.
- Holding company and subsidiary: means a “holding company” and “subsidiary” as defined in the Companies Act 71 of 2008.
- Manufacturer: the manufacturer of the relevant Goods.
- Manufacturer’s Specifications: any description or specification for the Goods included in any catalogues, brochures or other materials published by or on behalf of the Manufacturer.
- Order: the Customer’s order for the Goods, as set out in the online order form submitted by the Customer, the Customer’s purchase order form, the Customer’s written acceptance of the Supplier’s quotation, overleaf, or as otherwise submitted by the Customer to the Supplier, as the case may be.
- Returned Goods: all Goods returned to the Supplier in accordance with condition 9.
- Supplier: E-SUPPLY a division of ESUPPLY(Pty) Ltd, whose registered office is at 57 Oakmont, Boundary Road, Northriding, Gauteng, 2169, RSA.
- Supplier’s Premises: 57 Oakmont, Boundary Road, Northriding, Gauteng, 2169, RSA.
- Thrifty Bargains: returned goods that we offers for sale at discounted prices, these goods may have had their original packaging unsealed, damaged, or missing or they may indicate that they have been re-packaged.
- REGISTRATION AND USE OF THE WEBSITE
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- Only registered users may order Goods on the Website.
- To register as a user, you must create an account that will have a unique username and password. This account will require you to provide certain information and personal details to E-SUPPLY. You will need to use your unique username and password to access the Website in order to view information on your purchase Goods.
- You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
- You agree to notify E-SUPPLY immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised E-SUPPLY representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised E-SUPPLY representative.
- THE CONTRACT
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- These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions.
- The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, or, if earlier, when the Supplier dispatches the relevant Goods for delivery, at which point the Contract shall come into existence.
- Any quotation for the Goods provided by the Supplier shall not constitute an offer. Unless otherwise expressly set out therein, a quotation shall only be valid for a period of 30 days from the date of issue. Any acceptance by the Customer of a quotation from the Supplier shall constitute an Order (which is subject to acceptance by the Supplier in accordance with these Conditions).
- No terms or conditions endorsed on, delivered with or contained in the Customer’s purchase order, order confirmation, specification or other document shall form part of the Contract.
- No variation to these Conditions shall have effect unless expressly agreed in writing by the Supplier and the Customer.
- DESCRIPTION
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- The quantity and description of the Goods shall be as set out in the Order.
- The Supplier shall have no liability in respect of and does not provide any warranty in relation to the Manufacturer’s Specifications, whether the same have been supplied by the Supplier to the Customer or not.
- PRICE AND CONCLUSION OF SALE
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- Registered users may place orders for Goods, which E-SUPPLY may accept or reject. Whether or not E-SUPPLY accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by E-SUPPLY for the Goods.
- E-SUPPLY will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and E-SUPPLY come into effect (the “Sale”). This is regardless of any communication from E-SUPPLY stating that your order or payment has been confirmed. E-SUPPY will indicate the rejection of your order (byE-SUPPLY itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the Goods, you may return the Goods only in accordance with the Returns Policy.
- Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not be able to check out with the television in your shopping cart.
- Placing Goods in a wishlist or shopping cart without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold E-SUPPLY liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by E-SUPPLY, E-SUPPLY will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, E-SUPPLY will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
- PAYMENT
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- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Goods are for sale by E-SUPPLY and payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
- direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. E-SUPPLY will not accept your order if payment has not been received;
- Payfast credit card payments: where payment is made through the Payfast gateway, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card/debit supplied for payment through the Payfast gateway for purposes of paying the Goods. You also warrant that your credit/debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- Credit card transactions will be acquired for the Supplier via Payfast (Pty) Ltd or Yoco Technology, who are approved payment gateways for Major Banks of South Africa. They use the strictest form of digital communication transmission encryption, namely Secure Socket Layer (SSL) and no credit card details are stored on the website.
- The Customer’s details shall be stored by the Supplier separately from card details which are entered by the Supplier on Payfast’s or Yoco Technology’s platforms. Further details can be obtained on the Payfast website www.payfast.co.za
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
- The Supplier shall, in relation to Payfast and Yoco Technologies transactions, take responsibility for all aspects relating to the transaction, including sale of Goods and services sold on the website, customer service and support, dispute resolution and delivery of Goods.
- You may contact us via our Contact page to obtain a full record of your payment. We will also send you email communications about your order and payment.
- Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- If it is agreed that the Delivery Point is to be outside the Republic of South Africa, the Customer shall be responsible for any taxes, duties and levies, and related fees that will be due as per the designated country requirements.
- No payment by the Customer shall be deemed to have been received until the Supplier has received cleared funds.
- The Supplier may at is sole discretion and without liability to the Customer refuse to fulfil an Order, including any order that it has accepted, whilst any invoice issued by the Supplier to the Customer remains overdue and payable.
- DELIVERY
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- The Supplier shall deliver the Goods to the Delivery Point.
- As E-SUPPLY we offer courier delivery services as our method of delivering Goods to you.
- As E-SUPPLY we charge shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling of the goods. All shipping costs are displayed in your cart during checkout.
- Our team strives to ensure that your orders are processed as soon as possible. During our working hours our orders are usually processed within 2-5 (two-five) hours. However, please allow up to 24 (twenty four) hours for your order to be processed.
- Where it accepts your order, E-SUPPLY dispatches orders within 2 – 10 (two – ten) business days from the time that your order has been placed. As E-SUPPLY we will try our best to dispatch all orders as soon as possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). Where possible order can be dispatched same day provided that stock is available and payment has been made by 10am in accordance to our working days.
- Note that : we use courier services that deliver to your requested address. These deliveries can take a few extra days to deliver to outlying areas. Where such delays occur, E-SUPPLY will contact you to inform you of your delivery dates. Our delivery dates are estimates only and we shall not be liable for any delays caused by the courier company. We will however endeavour to keep you informed of any delays that may occur.
- Customers should note that in certain circumstances, we are unable to dispatch goods to certain areas such as: remote farms, plots, townships plots or extreme remotes areas. Where such an instance occurs, E-SUPPLY will advise clients on the nearest delivery location possibilities as soon as we become aware of such challenges.
- Where it accepts your order, E-SUPPLY Once payment has been received for your goods and your order is processed, you will receive a shipping confirmation email which will contain your tracking number and delivery information.
- All shipping payments are calculated during checkout and payment is due before shipment. No item will be shipped out until full payment has been received for your order.
- Note that : Our delivery charges are subject to change at any time, without prior notice to you. This only applies to order that have not been placed. You will see the applicable delivery charges in your cart when you check out.
- Where EFT payment has been selected, we allow a maximum of 2 (two) days for customers to complete their order payment. All proof of payments are to be emailed to [email protected] or sent to +27 66 502 1353, with your order number listed as the reference. Failure to do so will result in the order being cancelled.
- We will notify you, if we are unable to deliver your Goods during the stipulated Delivery Period. You may them within 7 days of receiving such notification, elect whether or not you would like to cancel your order for your Goods. If you elect to cancel your order, we will reimburse you your purchase price for the Goods.
- E-SUPPLY’s obligation to deliver the Goods purchased is fulfilled when we deliver the Goods to the physical address nominated by you for the delivery of your order. E-SUPPLY is not responsible for any loss or unauthorised use of the Goods from the point where the Goods are delivered and received at the nominated address elected by you.
- NON-DELIVERY
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- The quantity of Goods as recorded by the Supplier on the proof of delivery signed by the Customer shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
- Any liability of the Supplier for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata rate against any invoice raised for such Goods. The Supplier shall have sole discretion in deciding whether to replace Goods or issue a credit note in accordance with this condition 7.2.
- RISK / TITLE
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- The Goods are at the risk of the Customer from the time of delivery. Title in the Goods shall not pass to the Customer until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Supplier from the Customer on any account.
- Until title in the Goods has passed to the Customer, the Customer shall:
- hold the Goods on a fiduciary basis;
- store the Goods (at no cost to the Supplier) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Supplier’s property;
- not destroy, deface or obscure any identifying mark on or relating to the Goods;
- maintain the Goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request the Customer shall produce the policy of insurance to the Supplier;
- notify the Supplier immediately if it becomes subject to any of the events listed in condition 8.3; and
- give the Supplier such information relating to the Goods as the Supplier may require from time to time;
- the Supplier shall have the right, immediately upon the Supplier being of the belief that the Customer has not complied with the provisions of this clause 8, or has not or will not effect payment in terms of clause 5, to immediately, without any further notice, reclaim possession of the Goods without any prejudice to any of its rights in terms of this agreement; but the Customer may resell the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:
- it does so as principal and not as the Supplier’s agent; and
- title to the relevant Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
- If title to the Goods has not passed to the Customer, the Customer’s right to possession of the Goods shall terminate immediately if:
- the Customer becomes sequestrated, liquidated or is placed into business rescue or makes an offer of compromise with its creditors; or
- the Customer suffers or allows any execution, whether legal or equitable, to be levied on its property or obtained against it, or is unable to pay its debts; or
- generally commits any act of insolvency as defined in the Insolvency Act No. 24 of 1936;
- any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in conditions 8.3.1 to 8.3.2; or
- the Customer encumbers or in any way charges the Goods; or
- the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or substantially the whole of its business; or
- the financial position of the Customer deteriorates to such an extent that in the opinion of the Supplier the capability of the Customer adequately to fulfil its obligations under the Contract has been placed in jeopardy.
- If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in condition 8.3, or the Supplier reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the Goods or may enter (pursuant to condition 8.5) any premises of the Customer or of any third party where the Goods are stored in order to recover them.
- The Customer grants the Supplier, its agents and employees an irrevocable licence at any time to enter the Delivery Point and any premises where the Goods are or may be stored in order to inspect them, or, where the Customer’s right to possession has terminated, to remove and recover them.
- On termination of the Contract, howsoever caused, the Supplier’s rights contained in this condition 8 shall remain in effect.
- RETURNS AND REFUND
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- As an E-SUPPLY customer we want you to be happy with the purchase you have made with us. If you are not completely satisfied, you can return the goods to us and we will either refund, repair/replace it, or credit your account, subject to the below terms.
- This Policy only applies to Goods bought from E-SUPPLY.
- Nothing in this Policy is intended to limit your statutory rights in any way.
- Note that: Certain parts of this Policy do not apply to thrifty bargains, reconditioned goods or used goods (second hand), such is indicated in the relevant sections below.
- Thrifty Bargains refer to returned goods that E-SUPPLY offers for sale at discounted prices, these goods may have had their original packaging unsealed, damaged, or missing or they may indicate that they have been re-packaged.
- Our reconditioned or used goods are goods that are pre-owned but still in working condition and offered for sale by E-SUPPLY.
- How to prepare your goods for return:
- As E-SUPPLY we want to ensure that your return request is processed as quickly and efficiently as possible, as such you as the customer are responsible for the following when returning your products:
- If unsealed, ensure that you place all goods carefully back into the packaging and reseal your products safely and securely for protection during transit;
- Ensure that you clearly mark your return details and reference number on the outside of the parcel;
- and Ensure that you have included all accessories and parts that were sold as part of the Goods.
- Should you fail to adhere to the requirements set out in condition 9.6 and in this policy this can result in a delay in the processing of your request or result in its decline altogether.
- As E-SUPPLY we note that there could be various reasons why a client may want to return goods. Below are the different options we have noted.
- Unwanted Goods;
- Goods that are damaged upon delivery;
- Faulty or Defective Goods.
- Unwanted Goods
As a customer you may after purchasing your Goods decide that you no longer want the goods and can return the unwanted Goods, provided the following:
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- Good were ordered incorrectly;
- Goods are no longer required;
- You have changed your mind.
- there is a collection charge starting at *R100 that will be charged to the customer and this will be deducted from the refund amount once the refund has been processed.
- If we accidentally deliver the wrong goods to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will arrange the delivery of the correct product to you as soon as possible (provided the correct product is available); or credit or refund you the purchase price of the product within 10 (ten) days of the return.
- We are entitled to inspect the product in order to validate your return. In some cases, items may need to be sent to the supplier for evaluation and/or testing. In such events, customers should note that this process can take up to 20 (twenty) working days.
- To process the return, customers must log a return on the Website, under the orders manager within 3 (three) days of delivery of the unwanted goods. After 3 (three) days, you can only return a product if it is faulty / defective. Should you have any issues logging your return kindly email [email protected] and one of our representatives will assist you with your return.
- Goods damaged upon delivery
- Should it arise and your Goods are damaged or missing any parts or accessories at the time of delivery, please notify us within 3 (three) days of such delivery by logging a return on the Website. Customers are to ensure that Goods remain unused, with the original packaging, labels and stickers still attached. Should you have any issues logging your return kindly email [email protected] and one of our representatives will assist you with your return.
- As E-SUPPLY we will arrange to collect the Goods from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible or credit your account with the purchase price of the product (or refund you if that is your preference).
- Faulty / Defective Goods
- As E-SUPPLY we strive to ensure that the products that we deliver to our customers are of a high quality standard, and in good working condition and without any defects. Should it occur that a customer receives a good which is deemed to be faulty or defective, please notify us as soon as such a defect is detected by logging a return on the Website.
- What is a defect?
A defect is an error in the design or manufacturing of a product which hinders the use of the product from that which was intended and makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
As E-SUPPLY we note that, the following will NOT be regarded as defects and will not entitle you to a return under this section:
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- faults resulting from normal wear and tear;
- damage that may arise from incorrect usage, negligence or user abuse of the product;
- damage arising from electricity fluctuations and / or surges, faults in the building wiring, faulty installations;
- damage caused by lightning strikes;
- damage arising from the improper use of the product controls;
- any failure to use the product in accordance with the manufacturers instructions and or general misuse and or abuse;
- damage arising from sea air corrosion or incorrect storage of any product;
- damage arising from a failure to adequately care for the product;
- damage caused by poor care for the product resulting in the product being infested with insects or pests; damage arising from water or liquid due to negligence or improper storage or use;
- damage arising from any unauthorised repair, modification, tampering or alterations to the product by an unauthorised person which renders the warranty null and void;
- damage resulting in the warranty seal being tampered with (where applicable);
- where the specifications of a product, accurately described on the Website and generally fit for its intended purpose, but do not suit you;
- and in relation to Thrifty Bargains or used products if there are signs of mishandling and/or repackaging or unauthorised repairs and modifications including any points above.
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- Provided that your Goods do not fall under the exclusions stated above, we will assist in with logging your fault with your manufacturer.
- Customers should note that all our items come with a standard or manufacturers warranty (unless otherwise stated) which we will assist clients with (in accordance to the terms) should a fault or defect be detected.
- All products will either be replace, repaired or refunded depending on the outcomes of the assessment. All products will require an evaluation by E-SUPPLY and or the manufacturer before a warranty claim can be accepted.
- Should the item being returned for assessment be found to be in good working condition, unfortunately the collection and re-shipping fee will apply. Costs are estimated to start from *R100 per shipment.
- Note that : E-SUPPLY will only cover return shipping of a faulty unit within 6 (six) months of purchasing the Goods, thereafter a shipping charge (starting at R100) will be applicable to you for return of the unit.
- If a customer requests to return a defective product but fails to return it within the conditions set out in this policy (with all accessories and parts), we as E-SUPPLY are entitled (subject to the applicable laws) to refuse to approve the return, or we may only replace the items you have returned, credit the account or refund you in only in respect to the item returned.
- If after inspection we determine that the product returned does not comply with this Policy then you may be liable for E-SUPPLY’s costs incurred for the collection and return shipping costs of the product.
- 9.10.10.All refunds will be administered in the same method payment was originally processed.
- WARRANTY
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- Standard Warranty
- If you have received a product which turns out to be defective or otherwise of poor quality (save for manufacturer warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect or poor quality product. Notifications are to be done within 6 months after delivery of the product.
- To log a fault or defect, customers are to utilise the orders manager on the Website or contact [email protected] . We will arrange to collect the product from you (charges may apply). Once we have inspected the product and validated your return, we will either repair / replace the product (if such repair is possible or we exchange the product for the same product in stock to use as a replacement). We unfortunately cannot facilitate returns that fall outside of the 6 (six) month period.
- PLEASE NOTE: Certain thrifty bargains, reconditioned products and used products do not have warranties and this is made clear on the product description page. Where such goods may still be subject to manufacturing warranties, such is stated in the product description.
- Manufacturers Warranty
- A manufacturer warranty is a warranty for a product offered by the relevant supplier or manufacturer who chooses to manage faulty / defective returns themselves. As such customers are to directly contact the supplier or manufacture, and not report the fault through E-SUPPLY. All product which are subject to manufacturers warranty are listed as such on the product pages on the Website. If a manufacturer warranty product turns out to be faulty / defective or otherwise of poor quality, please contact the relevant supplier or manufacturer directly via the contact details provided when attempting to log the return on the E-SUPPLY returns page.
- ERRORS
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
- E-SUPPLY shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
- COUPONS
- E-SUPPLY may from time to time make promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of E-SUPPLY Goods. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
- There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R50 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 15% off (“Percentage Coupon“). The following applies to our coupons:
- Coupon can only be used once;
- only one Coupon can be used per order;
- only one Coupon can be used on the Website per person per promotion/campaign;
- where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
- a Coupon must be used at check-out – it cannot be used later on existing orders;
- and the value of the Coupon will be set off against the value of your shopping cart and the balance remaining, if any, will be payable by you.
- If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid. If E-SUPPLY confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
- You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by E-SUPPLY, before you are able to use a Coupon.
- PRIVACY AND CONTENTS OF THE WEBSITE
- We respect your privacy and will take all reasonable measures to protect it, our detailed Privacy Policy, which is incorporated by reference details our policy with regard to your use of the website and how we handle your personal information.
- The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements and the like which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of E-SUPPLY.
- DISCLAIMER
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst E-SUPPLY takes reasonable measures to ensure that the content of the Website is accurate and complete, E-SUPPLY makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by E-SUPPLY’s representatives, E-SUPPLY shall not be bound thereby.
- E-SUPPLY disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website are not necessarily the views of E-SUPPLY, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, E-SUPPLY also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of E-SUPPLY, its employees, agents or authorised representatives. E-SUPPLY thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
- LIMITATION OF LIABILITY
- E-SUPPLY cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of E-SUPPLY, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by emailing us at [email protected].
- E-SUPPLY shall not be liable for any direct, indirect, incidental, special or consequential loss or damage which might arise from the use of, or the content contain ed in our website; or your inability to use the website and/or unlawful activity on the website and/or any linked third party website.
- You hereby indemnify E_SUPPLY against any loss, claim or damage which may be suffered by yourself or any third party arising in any. Way from the use of our website and/or any linked third party website.
- The Customer expressly acknowledges that by entering into contract with the Supplier it acknowledges and agrees (i) to the exclusions and limitations of liability set out herein and (ii) that the price which has been agreed for the Goods reflects the level of liability accepted by the Supplier. The Customer further acknowledges that it is its own responsibility to seek legal advice on the meaning and effect of these exclusions and limitation of liability and that it is able to and should seek to protect itself against any potential loss or damage which is not recoverable from the Supplier by means of obtaining insurance from third party providers.
- COMMUNICATIONS
The Customer chooses as its domicilium citandi et executandi the addresses and email addresses inserted in the quotation.
The Seller chooses as its domicilium citandi et executandi the addresses and email addresses as:
Address: www.e-supply.co.za or clause 2.1.16.
Email: [email protected]
- FORCE MAJEURE
Neither Party shall be liable to the other Party in respect of any of its obligations in terms of the Contract, if such Party is prevented from fulfilling its obligations due to circumstances beyond its reasonable control.
- ENTIRE AGREEMENT
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- The Contract constitutes the whole agreement between the Parties and supersedes all previous agreements between the Parties relating to its subject matter.
- Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent mis-statement based on any statement in this Contract.
- Nothing in this condition shall limit or exclude any liability for fraud.
- ASSIGNMENT AND SUBCONTRACTING
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- The Supplier may at any time assign or transfer all or any of its rights under the Contract.
- The Customer may not assign or transfer or purport to assign or transfer all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
- The Supplier may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent provided that the Supplier shall remain liable for such performance.
- GENERAL
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- Failure or delay by the Supplier in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. Any waiver by the Supplier of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
- If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this condition shall not affect the validity and enforceability of the rest of this agreement.
16.3 The Supplier shall take all reasonable steps to protect the personal information of the Customer. For the purposes of this clause, “personal information” shall be defined as detailed in the Protection of Personal Information Act (POPIA) which took effect on July 1.
16.4 The Seller reserves the right to cancel a transaction at any time if it is found that the Customer is directly or indirectly linked to a sanctioned entity. The Customer warrants that their purchasing entity is not listed on any of the following Sanctions Lists nor subject to any sanctions: United Nations Security Council, the Office of Foreign Assets Control of the Department of Treasury of the United States of America, the European Union, Her Majesty’s Treasury, the Ministry of Economy, Finance and Industry (France) and/or any other sanctioning body recognised by Standard Bank from time to time.
- DISPUTE RESOLUTION
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- The Parties shall negotiate in good faith to settle any dispute that arises out of this agreement.
- In the event of the Parties not being able to settle any dispute, either party may approach a court of competent jurisdiction within Gauteng, South Africa.
- In addition, the Parties may agree to arbitration, and shall conclude a written agreement to arbitrate within 7 (seven) days of the dispute arising, which shall contain all the details of the arbitration process.
- LEGAL COSTS
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- Each party shall bear its own costs incurred in connection with the negotiation, drafting and execution of this agreement.
- The legal costs incurred by either party in enforcing their rights in terms of this agreement, shall be claimable against the other party on the scale as between the agreement between the successful party and its particular attorneys.
Sun King Home 400 excluding TV