Terms & Conditions
Brabantia South Africa Webshop - Standard Terms & Conditions of Sale of Goods
In this document the following words shall have the following meanings:
1.1 "Buyer" means the organization or person who may buy Goods using this website;
1.2 "Goods" means the articles and or products to be supplied to the Buyer by the Seller;
1.3 "Seller" means AL & CD Ashley (Pty) Ltd - Registration number: 1947/026463/07 - VAT Registration number: 4080101910
2.1 These Terms and Conditions, shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller and the Buyer.
3. Price and Payment
3.1 The price shall be the price less agreed discount, unless otherwise agreed in writing between the parties. The price is inclusive of VAT or any other applicable costs.
3.2 Payment will be required before release of goods by the Seller.
3.3 If payment of the price or any part thereof is not made by the due date (despite being due and payable) and the Buyer fails to remedy such breach within 7 days of receipt of written notice to do so, the Seller shall be entitled to:
3.3.1 Require payment in advance of delivery in relation to any Goods not previously delivered;
3.3.2 Refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
3.3.3 Buyer undertakes to pay all the reasonable and necessary legal costs, including collection charges, incurred by the Seller in the recovery of any amount owing to the Seller.
3.3.4 All goods remain the property of AL&CD Ashley (Pty) Ltd, until paid for in full.
4.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date and time agreed. The Buyer shall make all arrangements necessary to take delivery of the Goods when they are tendered for delivery on the agreed date and time.
4.2 Unless otherwise agreed in writing, delivery of the Goods shall take place within 14 working days from date of confirmed order.
4.3 If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer and where the Buyer is in breach of its obligations under these Terms and Conditions, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
4.4 Received goods must be checked within 48 hours of receipt thereafter no claims for missing, incorrectly delivered or obviously externally damaged goods on "Unchecked" Goods.
4.5 Any obviously externally damaged Goods, shortages, over deliveries and duplicated orders should be reported to the Seller within 7 days of signed receipt to enable replacement or refund.
5. Return of unused non-defective goods
5.1 Any returns must be authorized by a representative of the Seller before any credit will be given.
5.2 Where the Seller agrees to accept the return of goods that are not damaged, the Buyer may be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit The Seller will not be obliged to accept any goods that are damaged in any way by the Buyer.
6. Risk and title
6.1 Risk in the Goods shall pass to the Buyer upon receipt of the goods.
6.2 Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
7. Limitation of Liability
7.1 The Seller shall not be liable for any indirect or consequential loss or damage suffered by the Buyer, save where such loss or damage arises as a result of the Seller's breach of its intellectual property or confidentiality undertakings contained in these Terms and Conditions or the Buyer's standard Supply Agreement;
7.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Terms & Conditions of use of this website
These terms and conditions for use govern all use of www.brabantia.co.za (‘the Website’), being a website of Brabantia Branding B.V. (‘Brabantia’), operated in South Africa by AL & CD Ashley (Pty) Ltd.
The Website does not contain any offer or advice from Brabantia or its partners implying any contractual obligation.
The products shown in the catalogue may not be available in every country.
Brabantia is entitled to change or remove any part of the Website and to sever any link between its Website and other websites.
Brabantia excludes any liability for failure of the Website to function properly or at all (e.g. as a result of restrictions or breakdowns). Brabantia shall endeavour to resolve any such breakdowns or restrictions as quickly as possible and to limit any inconvenience to users of the Website to a minimum.
Brabantia is not liable for the (loss resulting from) the following:
- use of the Website, failure to deliver electronic messages on time or at all, the interception or manipulation of electronic messages by, for example, third parties, viruses or other harmful software, or - information from third parties on the Website.
No visitor to the Website may initiate or continue with any processes that he/she ought reasonably to suspect will, or might, inconvenience other users of the Website.
Website visitors are required to indemnify Brabantia for any third-party claims resulting from the use of the Website by the visitor.
Vouchers, Coupons, Discounts, Offers, Specials, Sales and Promotions ("Offers")
We reserve the right to withdraw any offer at any time without prior notice and without substituting the offer for any other offer. Offers via email, direct mail, inserts, partners and other methods are subject to change without notice and are limited in duration. Where an offer does not contain a validity period or end date, we may at our discretion remove or end the offer without prior notice. Offers may not be used in conjunction with other offers ("Stacking") and we may at our discretion cancel an order where an incorrect discount or unintended offer was applied, even if this is due to a system problem or error on our part. Certain minimum order values may apply to any offer. Where an order qualifies for a Free Gift with purchase (such as where a gift is included when purchasing a specific product, or when your order value is over a certain amount, or as part of any promotion), the Free Gift must also be returned with the other item(s), un-used and in its original packaging, should you return your order - either in full, or in part. In the case of a part-returned order (some items kept), where the value of the items you keep, or the specific product kept still qualifies the order for a Free Gift, you will be entitled to keep the Free Gift. Should a Free Gift not be returned with other items, in new condition, we will deduct the value of the Free Gift (determined as retail value, as indicated when ordered i.e. "To the value of" or "Worth") from the order refund amount when the return order is processed.
Links to other Websites
The Website may contain links to the internet pages of third parties, and vice versa. Brabantia is not liable for the use or content of these internet pages, or any processing or storing of personal data via these internet pages.
Intellectual Property Rights
All intellectual property rights, such as copyright, pertaining to the Website (including the text and images on the Website) belong to Brabantia unless specifically stated otherwise. Visitors are free to consult the Website and the information provided thereon and to make copies thereof for their own personal, non-commercial use by, for example, printing out or downloading the pages. The copying or reproduction of (any part of) the Website on any third-party internet page or the creation of links, hyperlinks or deep links between the Website and a third-party internet page is not permitted without the prior written consent of Brabantia.
Cookies are small text files sent by the Website’s internet server to the visitor’s internet browser, whereupon the visitor’s internet browser places the text file on the hard drive of the visitor’s computer.
When the Website is visited, Brabantia may store the following data:
- the IP address of the visitor by using cookies;
- all information supplied by the visitor to Brabantia (e.g. name, address, contact information and preferences).
The following additional data (not related to an IP address) can be stored by Brabantia in its website statistics:
- the domain name of third parties’ internet pages visited by the visitor in order to reach the Website;
- information relating to sub-pages of the Website visited by the visitor.
Information stored by Brabantia shall not be supplied to any third party organisation not affiliated to Brabantia. Brabantia has not entered into any partnership or special relationship with any third party on the internet.
If Brabantia supplies or receives data on the Website, it always uses the coding technology recognised as current standards within the IT sector.
Brabantia has also adopted, where possible and within reason, the necessary security measures to prevent the loss, unlawful use or alteration of data received via the Website.
A visitor who supplies his/her postal or email address to Brabantia via the Website may receive via such address, in addition to the information requested, periodic mail shots informing them about the products and services of Brabantia where the visitor has checked the box regarding this option. If a visitor does not wish to receive such mail shots, or wishes to stop receiving such mail shots, he/she should notify Brabantia accordingly.
A visitor who supplies his/her telephone number to Brabantia via the Website will only be telephoned by Brabantia if this is necessary for resolving a complaint made by the visitor.
Visitors to the Website will be given access on request to data about them stored by Brabantia. Such a request for this data (e.g. to correct any inaccurate data) can be made via the address given by Brabantia.
You may contact us to enquire about the information we collect or hold about you.Write to us at:Brabantia South AfricaPrivacy Managerc/o AL & CD Ashley (Pty) LtdP.O. Box 24045Claremont7735
In the event that any part of these terms and conditions proves to be invalid, then the remaining part shall remain fully binding. The invalid part shall be replaced by provisions that are valid and that produce legal consequences that, in terms of content and scope, are as close as possible to the invalid part.
The use of the Website is governed by South African law. Any dispute arising from the use of the Website pertaining to these terms and conditions shall be brought before the competent court in South Africa.