TERMS AND CONDITIONS

TERMS AND CONDITIONS

1 INTRODUCTION
1.1 Welcome the CapeLux website at http://www.capelux.com. Please read these terms and conditions (“Terms and Conditions”) so that you can understand how they apply to your use of the Website and products that may you may on the Website.
1.2 CapeLux Proprietary Limited, registration number 2013/035819/07 is a private company duly incorporated in the Republic of South Africa (“we” or “us” as the case may be). We own and operate the website http://www.capelux.com (“Website”). Our physical address is 11 Orchard Road, Cape Town, 7441  and we can be contacted on 072 430 5381 or [email protected]. Directors: David Manley/ Craig Wing/ Nicholas Kühne
1.3 Please browse or use our Website. You may use this for your own personal, non-commercial shopping and information purposes only, and no other purpose. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Website and/or its contents contrary to these Terms and Conditions.
1.4 By using this Website, you confirm that you have read and understood these Terms and Conditions and agree to be bound by them. These terms and conditions constitute the whole of the agreement between us relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of these Terms and Conditions not incorporated in these Terms and Conditions shall be binding on either of us.
1.5 We reserve the right to suspend our Website or any part thereof or terminate your account at any time if we, in our sole discretion.
1.6 All of the products which appear on this Website are supplied by third party suppliers. These suppliers have also agreed to be bound by these Terms and Conditions.
2 INTERPRETATION AND DEFINITIONS

In these Terms and Conditions –

2.1 order” means the order submitted by you offering to purchase a product or products from this Website at the stated price;
2.2 products” means the products for sale to be found on this Website;
2.3 account” means the account you will be required to register should you wish to submit order/s;
2.4 supplier” means the suppliers from whom we source our products;
2.5 delivery partner” means Berco Express / An Aramex Company (Proprietary) Limited, a courier company, with registration number 1998/011447/07, or H&M Removals, a freight company with registration number 1992/08375/23, both of which are duly incorporated in the Republic of South Africa; or for smaller items within South Africa, we may use suppliers at out discretion.
2.6 business days” means any day other than a Saturday, Sunday or public holiday; and
2.7 business hours” means the hours between 08h30 and 17h00 on any business day. Any reference to time shall be based upon South African Standard Time.
3 REGISTRATION AND ORDER
3.1 When making an order, you must be over 18 years of age, possess a valid credit card or be authorised to use a valid credit or debit card and register for an account on the Website. To place the order you should follow the given instructions.
3.2 When you order a product from this Website, you are offering to buy it at the price stated on the Website.
3.3 We reserve the right to refuse your offer to purchase a product from our Website catalogue for any reason which includes but is not limited to the following –
3.3.1 the product being sold out or unavailable from the supplier;
3.3.2 inability to obtain authorisation of payment; and
3.3.3 the identification of an error within the product information, including price or promotion.
3.4 Should we accept your offer to purchase a product from this Website, a sale agreement will be concluded between you and Africandy.
4 METHODS OF PAYMENT
4.1 Payment can be made online using Visa, Mastercard, American Express or Diners Club credit cards or via electronic funds transfer (EFT) into the bank account indicated on the Website, provided that proof of payment is sent to CapeLux, at [email protected]
4.2 We will debit the total value of your online order against the payment card tendered by you during the check-out process. Credit card transactions will be acquired for CapeLux via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks.

PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

4.3 Customer details separate from card details

Customer details will be stored by CapeLux separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

4.4 Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

4.5 By submitting your order, identity number and payment card details, you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
5 DELIVERY
5.1 Once we have received and accepted your order, we will arrange for the delivery of your products through our delivery partner.
5.2 Delivery shall take place during business hours on business days. We do not deliver on public holidays.
5.3 For those items that are in stock, we aim to deliver regular parcels to central areas in South Africa within 2-4 business days, and special freight items (e.g. furniture) within 5-7 business days from the date your payment has been received. Items that are specifically made would take longer to account for item specific manufacture time. For those products that are made to order, or are not currently in stock, please see the estimated availability date for each product. For special freight products (e.g. furniture), our delivery partner will contact you directly to agree on an appropriate delivery time.
5.4 The cost of delivery, shall be as indicated on the Website.
5.5 Products will be delivered to the delivery address provided by you when placing your order. If, for any reason, our delivery partner cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the product(s) directly from our delivery partner (in case of regular parcels) or to re-arrange the delivery (in case of special freight). In these situations, we reserve the right to charge you for any additional costs incurred (e.g. delivery and storage) or to cancel the sale contract, in which case, we will fully refund to you the net amount (i.e. the amount you paid minus delivery costs or storage costs).

 

5.6 Upon delivery of the order to the specified delivery address, you will receive our delivery note showing the products delivered, any non-available products, (and any delivery costs, if applicable), Value-Added Tax and the amount debited from your payment card. You will also be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage).
5.7 For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The driver will attempt to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required in the circumstances.
5.8 Time is not of the essence in these Terms and Conditions. We will not be liable for any delay in the delivery of the products. Your only remedy in this case is limited to delivery being effected at a later agreed time at no additional charge.
5.9 All risk in and ownership of the products shall pass to you upon delivery of the product to you, except that, where delivery is delayed due to a breach of your obligations under these Terms and Conditions, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the product(s).
5.10 It is your responsibility to ensure that the product is sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the product will meet your individual requirements. You acknowledge that the product is standard and not customised or custom made to fit any particular requirements that you may have.
6 RETURNS AND EXCHANGE POLICY
6.1 Unused products
6.1.1 We want you to feel perfectly confident when shopping on the Website. Therefore, we give you the option to return any unopened, unused item in its original packaging that you bought from us for any reason within 7 days of receiving the item. Once we receive the items, we will fully refund to you the amount you paid for the product(s) less the inbound delivery costs.
6.1.2 The procedure for returning an item is as follows –
6.1.2.1 Contact us at [email protected] or call us on 072 430 5381  and quote your original invoice and waybill number.
6.1.2.2 We will arrange a suitable time and place for the item to be collected by our couriers.
6.1.2.3 The courier will collect the merchandise from you at your designated address. Please note that you will not need to pay the courier directly for returning your merchandise, we will pay the Courier and deduct the cost from your final credit once we have received and processed your returned merchandise. Make sure that you insert the original order confirmation page that was emailed to you upon purchase into the package.
6.1.2.4 It is your responsibilty to ensure that the product is correctly re-packaged in its original packaging.
6.1.3 The product you wish to return or exchange must be in exactly the same condition that you received it, in that it is new and unused. We will not accept any products with any indication that they have been used.
6.1.4 Once we have received the product, we will provide you with a refund of the price paid minus the delivery costs for the initial delivery to you and if applicable to the supplier.
6.2 DEFECTIVE OR FAULTY PRODUCTS
6.2.1 Faulty or defective products may be returned, refunded or repaired within 6 months of delivery. We will not accept, repair or exchange products which are damaged as a result of fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, abnormal use, or failure to take reasonable care.
6.2.2 Please send an email to [email protected] after which one of our representatives will contact you.
6.2.3 You may be required to fill in a returns form and to send us images of the damage for further assessment. Once assessed and approved by our specialists, our customer service centre will contact you to proceed with the returns process. We will arrange a replacement or give you a store credit for the full sale price. Please do not attempt to return the items before speaking to one of our representatives (you may be responsible for any associate expenses if you do so).
6.2.4 We will not refund or replace a product where in our reasonable opinion the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care. In this case, you will be responsible for return freight costs.
7 AVAILABILITY
7.1 We cannot always guarantee the availability of products from this Website, as we rely on the stock of our suppliers. We will update our Website as soon as we become aware of any product becoming unavailable. Should we be unable to supply each and every item ordered in the quantities ordered, you nevertheless agree to accept delivery and make payment for the products correctly delivered.
8 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
8.1 These terms are subject to the provisions of the Electronic Communications and Transactions Act No. 25 of 2002 (“Electronic Communications Act”) and any of the terms that are in conflict with any of the compulsory provisions of the Electronic Communications Act will be deemed to have been modified so as to comply with such provisions of the Electronic Communications Act.
8.2 In terms of the Electronic Communications Act, we will provide you with the opportunity to review the entire transaction, correct any mistake and withdraw from the transaction before placing an order.
9 INTELLECTUAL PROPERTY
9.1 We either own or are licensed the rights to use all intellectual property and/or other material on this Website. You are only permitted to view, print or store electronically a copy of any information on our Website, including these Terms and Conditions, solely for your personal, lawful, non-commercial use, a failure to do so will constitute an unlawful infringement of our or our licensors intellectual property rights.
10 USE OF OUR LOGOS, CONTENT AND IMAGES

You cannot use the content of our Website, our logos or any other images that appear on our Website without our or our licensors prior written consent. A failure to comply with this will constitute an unlawful infringement of our or our licensors intellectual property rights.

11 ADVERTISING AND HYPERLINKS

External hyperlinks and advertising may appear on our Website. These hyperlinks do not constitute any relationship between us and any linked third party or any endorsement by us of such third party. We do not necessarily endorse such third parties or their products and/or services. Your reliance on any information via the external hyperlinks, advertising or otherwise contained in such material is entirely at your own risk.

12 JURISDICTION

These Terms and Conditions are governed by and construed under the laws of the Republic of South Africa.

13 FORCE MAJEURE
13.1 We shall not be liable to you for any breach, hindrance or delay in the performance of these Terms and Conditions attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
13.2 Either you or we may terminate the agreement under these Terms and Conditions forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).
14 NOTICES

Any notice under these Terms and Conditions shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email to the relevant party at the address or email of the relevant party last known to the other.

15 TERMS AND CONDITIONS PRIVACY POLICY & INFORMATION SECURITY
15.1 We ask for your name, telephone number, home address, email address, age, delivery address and payment method details when you want to make a purchase on our Website. We may obtain information about your usage of the Website for reasons we will communicate to you.
15.2 We may also email you information about products and details of promotions and special offers. If you do not wish to be contacted for these purposes, you may–
15.2.1 Click on the “unsubscribe” button found at the bottom of all email messages and email newsletters; send an email to us at [email protected] and write “unsubscribe” in the subject heading; or call us on 0720 430 5381
15.2.2 CapeLux shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
15.3 Any information that you upload on our Website including any payment card information will be stored on a secure server. Our secure server encrypts your payment card details.
15.4 We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. We may do so if you have granted consent thereto.
15.5 We cannot guarantee the absolute security of any information you exchange with us. We will however take reasonable steps in an attempt to protect your personal information and/or credit card details..
16 ACCURACY OF WEBSITE CONTENT
16.1 We do not warrant that the content or information displayed on our Website is always accurate, complete and/or current.
16.2 In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
17 AMENDED OR UPDATED TERMS

We may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of the Website will mean you accept any updated or revised Terms and Conditions.

18 DISCLAIMERS AND EXCLUSIONS OF LIABILITY

Use of our Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We accept no liability, to the extent permitted by law, for any damages, howsoever arising, whether direct, indirect, incidental, special or consequential loss from the access or use of our Website or the purchase of any of the products or services.

19 GENERAL
19.1 These Terms and Conditions shall commence from the date on which they are published on the Website and continue indefinitely, as amended by us from time to time, for so long as the Website exists and is operational. We shall be entitled to terminate these Terms and Conditions and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by us).
19.2 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
19.3 If any clause in these Terms and Conditions be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
19.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.
19.5 Any and all copyright subsisting in the Website vests in us or our licensors as the case may be and all rights not expressly granted are reserved.

 

 

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