TERMS AND CONDITIONS
These Terms and Conditions govern the Customer use of the Handico (Pty) Ltd t/a Hardware Centre, registration number 2006/009573/07 (“Hardware Centre”) website located at the domain https://www.hardwarecentre.co.za (“the website”).
The use and all online transactions for the supply of products by Hardware Centre shall be subject to these Terms and Conditions. These Terms and Conditions will always be subject to the provisions of the Consumer Protection Act, Act 68 of 2008, as amended and read with its Regulations (” the Act”).
2. ELECTRONIC COMMUNICATIONS
The Customer by visiting www.hardwarecentre.co.za acknowledges that any communication between the Customer and Hardware Centre will be done by the sending of e – mails. Both the Customer and Hardware Centre agree that all communication will be effected in writing, electronically and that it shall comply with all legal requirements.
3. UPDATING OF THE TERMS AND CONDITIONS
Hardware Centre reserves the right to update, change, or modify these Terms and Conditions from time to time. It’s the Customer’s responsibility to familiarise himself/itself as to the current Terms and Conditions.
Hardware Centre undertakes to maintain strict confidentiality in respect of the Customer’s credit card particulars, account information and all information supplied by the Customer to be used in the execution of orders placed. Hardware Centre undertakes not to utilise any such information other than for what is stated in these Terms and Conditions. Only the necessary information, i.e. Customer name, delivery address and contact number will be made known to the courier company to execute delivery. Hardware Centre may use your personal information to keep you informed regarding product announcements, services, promotions and upcoming events. If the Customer elects not to be on Hardware Centre’s mailing list, the Customer will be given an option to opt out. Credit card details are not retained by Hardware Centre. Hardware Centre shall not be held responsible for security breaches on the Customers electronic devices.
5. LIMITATION OF LIABILITY
Hardware Centre makes no warranty or representation that the website will be error free or that no inaccuracies or errors may be included. Hardware Centre is not responsible for any losses or damages of any kind whatsoever that may be suffered or incurred as a result of utilisation of the website.
6.1. Hardware Centre and the Customer agree to be bound by these Terms and Conditions in transactions relating to the purchase of the products through the Hardware Centre website.
6.2. The Customer by accessing and using the website accepts and agrees to be bound by these Terms and Conditions.
6.3. Pricing of products is subject to change without notice. Should there be incorrect pricing of products Hardware Centre reserves the right to omit the items from any order. The Customer will be notified and either accepts the new price alternatively a full refund will be made.
6.4. The use of any product purchased is at the Customers risk and the Customer holds Hardware Centre harmless against any loss, injury or damages as a result of using the products purchased.
6.5. Hardware Centre reserves the right to cancel any order for which payment has been received. This may transpire due to insufficient stock or that delivery cannot be made by the courier to the delivery address as supplied.
7. ONLINE PAYMENT
7.1. All online credit card payments are processed by the PEACH PAYMENT GATEWAY.
7.2. Purchased goods will only be despatched once payment is confirmed.
7.3. All transactions will be processed in South African Rand (ZAR).
7.4. All prices include Value Added tax.
7.5. Hardware Centre will only accept Master and Visa Credit card facilities – local and international.
8.1. Hardware Centre will endeavour to process delivery by despatching ordered goods by not later than seven (7) working days after payment confirmation. Notwithstanding, delivery lead times are dependent on product availability, the geographical position, time of purchase, the nature of the order as well as courier services limitations.
8.2. Should Hardware Centre be unable to effect delivery as undertaken herein Hardware Centre will advise the Customer via email and provide a revised dispatch schedule or full refund.
8.3. All ordered goods, exceeding an order value of R1500.00 will be delivered free to any major centres within the borders of South Africa. Any order below R 1,500.00, or promotional or specials items will attract a delivery charge of R 150.00 per order. Any unsuccessful delivery to the delivery address supplied resulting in a redelivery will be charged for and will be for the Customer’s account.
8.4. Remote areas not serviced by designated the courier company will be quoted for and will be for the Customer’s account.
8.5. Hardware Centre does not do deliveries to farms or informal settlements.
8.6. Orders are only delivered to delivery addresses within the Republic of South Africa.
8.7. Any orders for delivery outside the borders of South Africa should be addressed to email@example.com before placing an order on the website.
8.8. The Customer, by signing the delivery waybill, certifies receipt of the goods as per the order and in good and undamaged condition.
Ownership of the goods will remain vested in Hardware Centre until fully paid for by the Customer.
10. CUSTOMERS RIGHT TO CANCEL ORDERS OR THE RETURN OF FAULTY ITEMS
10.1. Any return of goods must be pre-arranged by e – mail with Hardware Centre at firstname.lastname@example.org . Any unarranged returns will not be accepted.
10.2. The Customer has the right in terms of Section 17 of the Act to cancel an order for goods.
10.3. The cost of return is for the account of the Customer in which event Hardware Centre will be entitled to a charge of 10% of the value of the order to cover administration costs. Hardware Centre shall be entitled to deduct the amount from the amount to be refunded to the Customer.
10.4. The original Hardware Centre tax invoice must accompany the returned goods as proof of purchase from Hardware Centre.
10.5. Any return of goods to Hardware Centre shall be effected by the Customer within ten (10) days after delivery to the Customer, in compliance with Section 20(2)(d) of the Act.
10.6. The Customer will not use or abuse the goods and it should be returned in its original packaging unopened and undamaged. If the packaging has been opened or the product used the return will not be accepted.
10.7. In the event that the Customer returns ordered goods, any exchange order shall be deemed to be a new order and shall be subject to all terms and conditions of this agreement.
10.8. The return goods shall be properly packaged in its original packaging and in unused and undamaged condition when returned to Hardware Centre.
10.9. The risk for safe and undamaged return of goods including cost of return shall rest with the Customer.
10.10. If the incorrect product has been supplied or if the product is faulty or damaged, excluding incorrect usage of the product, Hardware Centre will make a reasonable effort to exchange the product upon receipt of the faulty product. If replacement is not possible, Hardware Centre will refund the full purchase price and courier costs on receipt of the returned products.
11. CATALOGUE MARKETING
In compliance with the provisions of Section 33(3) of the Act Hardware Centre discloses the following information:
11.1. the supplier under this agreement is Handico (Pty)Ltd t/a Hardware Centre (Reg No: 2006/009573/07)
11.2. physical business premises: – Shop 8, Home World Centre, c/o Malibongwe and Rocky streets, Strydom Park, Randburg;
11.3. VAT number: – 4810233553;
11.4. main business: Retailer of Woodworking Power Tools and Accessories;
11.5. subject to clause 8 above, delivery will effected by a courier company contracted by Hardware Centre at the nominated address of the Customer;
11.6. any complaints regarding the standard and or quality of the product or products purchased should be directed to email@example.com.
The manufacturers of the products sold by Hardware Centre may provide a manufacturer’s warranty in respect of their products. Hardware Centre acknowledges that the goods have an implied warranty that the goods are reasonably suitable for the purposes for which they are intended. The warranty provisions of the Act shall apply subject that the warranty will terminate on any of the following incidents:
12.1. faults resulting from normal wear and tear;
12.2. damage arising from incorrect usage;
13. INTELLECTUAL PROPERTY
13.1. Hardware Centre will defend the intellectual property rights in connection with its Goods and its Website, including copyright in the Content whether provided by it or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software) (“the Content”).
13.2. Except as set out below, the Customer may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
13.3. The Customer shall not use the name of Hardware Centre or logos or trademarks or any other Content on its website without the written permission of Hardware Centre.
13.4. Subject to the other terms of this agreement, the Customer may download or copy Content only for its own personal use, provided that the Customer shall honour the above restrictive undertakings.
13.5. The Customer is not granted a licence or any other right in respect of the products supplied by Hardware Centre or its intellectual property rights as defined in this clause 13.
14. SOUTH AFRICAN LAW
The use of the website and Terms and Conditions shall be governed by the laws of the Republic of South Africa. Should a Customer access the website from a location outside South Africa the Customer will be responsible for compliance with the laws of the Republic of South Africa.