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. The minimum order value for any promotional offer, where not specifically stated with the offer is R500.00.
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.
1. Intended Audience
2. Policy Purpose
Your Personal Information:
2.1 Includes the following;
- Information we have collected when you registered (see below); and
- Optional information that you provide to us voluntarily (see below).
2.2 Excludes the following;
- Anonymised information that does not identify specific persons;
- Information that cant be traced or linked to you specifically;
- Statistical information compiled from your voluntarily provided information from sources such as:
Forums, blogs, chat rooms, online communities, classifieds or discussion boards. Because this information has been disclosed publically,
3. Acceptance of these terms
- Have read this policy in full
- You understood all parts of it
- You accept all parts of it
- You agree to be bound by all its terms
4. Changes to this policy
We reserve the right to make changes to the terms of this policy at any time. If you continue to use our websites after we have notified you of any changes, the changes to the terms apply to you and we deemed you to have accepted the new or altered terms.
5. Information we may collect
5.1 During registration or Purchases
- Your First Name, Last Name, Company Name, VAT Registration Number, Date of birth, Sex
- Your Billing address, Your Delivery Address, Your email address, Your telephone number(s)
- A website user ID and account password
- Product and/or style preferences
5.2 Data Collection from your browser:
Our servers may automatically gather and record your internet usage information from your browser.
5.3 Browser Cookies
We may send cookies (files that contain information to allow tracking) to your computer to collect your website usage information. We may use session cookies and/or persistent cookies and these may be used by your browser or our servers during subsequent visits to our websites. We may use the information gathered in cookies to help us improve your website experience.
5.4 Tracking pixels
Our websites may contain code that allows us to track and count page views and to access your browser cookies. These pixels may be used to collect, monitor and share information about visitors, their browsing and purchase preferences. Our websites may contain beacons or code that tracks visitor behaviour on the websites and sends this information to third party services for analytics purposes to help us improve our website experiences and to track effectiveness of marketing campaigns.
6. Your consent
We will request your consent to collect personal information:
- In accordance with applicable South African law, and;
- When you provide us with your registration information
7. Use of your information
We may send you information by SMS message, phone and/or email regarding our business, brands and websites. We may send you promotional messages that contain advertising, sales offers, competitions, product information and related communications ("marketing offers"). By using our websites, contacting us by email, signing up for "Newsletters" and/or other methods available to subscribe to our marketing communications, you agree that we may send you marketing offers for other websites, brands, products or services that we deem to be interesting or relevant to you. You may opt out of these promotional messages at any time. We will generally provide a method to opt out of promotional communications where possible. If for any reason you are unable to opt out of promotional messages yourself, you must contact us using the contact details on the respective website to request the opt out.
8. Information Disclosure
8.1 Sharing of your personal data
- These affiliates might include fraud identification/screening, payment services, debt recovery services, marketing services, technology services, credit bureaus and other entities as permitted by law;
8.2 Law enforcement
We may be required to disclose personal information:
- Due to subpoena or court order
- To comply with any law
8.3 We will not sell your personal information
We will not sell your personal information to any third party.
8.4 Marketing purposes
We may disclose aggregated information and statistics about customers and purchases to our affiliates.
8.5 Ownership changes
Should our company change ownership, merge with or be acquired by another entity, we may assign our rights to your personal information to the new owner or entity.
You may request us to delete your personal information if you disagree with a transfer of ownership of information.
8.6 Our Employees
We might be required to disclose your personal information to our employees in order to carry out their work.
9. Information Security
We take precautions to protect personal information using devices and techniques such as network firewalls, SSL/TLS data encryption, passwords and other methods which may change from time to time. We may employ the services of affiliates to administer and/or provide services related to security, payment data and secure data processing.
10. Information Accuracy
We rely on you to keep your personal information accurate and up to date. Where possible, you may update or edit your information on our websites or systems. In case you are unable to update your personal information, you may request us to do so on your behalf by contacting us.
11. Information Retention
We retain personal information for as long as necessary and only for the purposes as relates to this policy, unless the retention is required or permitted by law, or you consent it. During retention period we will abide by our non-disclosure obligation and will not sell or share your personal information.
12. Transfer of personal information outside the borders of South Africa
You consent to us transmitting or sending your personal information outside of South Africa to any foreign country. Your Personal information can be stored on servers located outside South Africa and whose laws protecting personal information may not be similar in nature to data privacy laws in South Africa.
We can not be held responsible for, nor make any representations or warranties in respect of policies and/or practices of any third parties or affiliates.
14. Contacting us
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. These terms include any specific pages, notices and information as set out on the website for topics such as Delivery, Payment, Product Returns, etc. By agreeing to these terms, you also agree to the content and terms on these pages.
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.