1. GENERAL TERMS
1. Our website may only be used for personal, non-commercial browsing, shopping and information purposes. No other use is permitted without our prior written consent.
2. The unauthorised use of our website, including but not limited to, copying, reproduction, variation, modification or distribution the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited.
3. We do our best to ensure that the information on our website is accurate.
4. Comments and opinions uploaded onto our website by our users and guests are their opinions and do not in any way represent our views, opinions or beliefs.
5. By using our website, you agree to and are bound by these T’s & C’s. Any other terms whether express or implied not contained herein shall not be of any force or effect.
6. We reserve the right to amend these T’s & C’s, from time to time and without giving you prior notice of such amendments. Accordingly, it is incumbent upon you to regularly check for any amendments to these T’s & C’s, which will naturally regulate your continued use of our website.
7. 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, determine that you are not using the website in compliance with these T’s & C’s or for any other reason whatsoever.
8. We use “cookies” to identify and collect data in respect of the device with which you connect to our website. We reserve the right to restrict your use and access to our website or part thereof in the event of any unauthorized use.
9. When you visit our website, you are not compelled to provide personal information (but if you place an order, we will require you to provide us with information, including personal details, our delivery address etc to enable us to consider and process your registration and order). Our website servers will however collect data in respect of the device with which you connect to our website, as contemplated in clause 8 above. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. We use this information to determine the use of the website, and to improve the content thereon.
10. Your privacy is important to us and we will therefore make reasonable efforts to ensure that any information that you upload on our website will be stored on a secure server .
11. Our secure server encrypts your personal information in order to minimise the risk of unauthorised disclosure or interception, but whilst we believe that such risk is minimized, we cannot guarantee the absolute security of your personal information, including but not limited to your banking details.
12. We will not disclose, sell or rent your personal information to third parties without your consent unless we are legally compelled to do so.
13. No credit card data will be stored.
14. No unauthorized access to the payment pages site will be permitted. Only Layzzzee Dayzzz as a known entity will be allowed to direct encrypted payloads to the Payment pages.
15. All copyright, trade mark, patent and other Intellectual Property (“IP”) rights embodied in any logos, text, images, video, audio, products or other material on our website are owned by or licensed to Layzzzee Dayzzz and no one may use same without our express written permission.
16. All data obtained from our website belongs solely to us.
17. Unauthorised use, reproduction, modification and/or distribution of our IP is strictly prohibited, and such use shall only be permitted with our prior written consent.
18. You use our website entirely at your own risk.
19. We shall not be liable for any loss or damages suffered by you, whether direct, indirect, incidental, special or consequential, caused or arising from the use of our website or the purchase of our products.
20. We cannot and do not warrant that the use of our website will be uninterrupted or error free, or that our website or website servers are free from viruses or other harmful components.
21. Should any of these T’s and C’s be found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidable, unenforceability or unreasonableness be deemed severable and the remaining provisions of these T‘s and C’s shall continue in full force and effect.
22. Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on our part shall not in any way operate as or be deemed to be a waiver by us of any rights under this agreement, or be construed as a novation thereof.
23. These T’s & C’s are governed by the laws of the Republic of South Africa.
2. ONLINE ORDER & PURCHASE TERMS
These are the terms and conditions on which we will contract with you (“the Conditions”).
1. Definitions
“Buyer” – the person, firm or company who purchases the Goods from the Company.
“Company” – Layzzzee Dayzzz.
“Contract” – any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.
“Goods” – any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
2. Application of Terms
2.1 All Contracts shall be subject to these Conditions (T’s & C’s) to the exclusion of all other T’s & C’s (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 Any alternative T’s & C’s or any addition, alteration or variation to these T’s & C’s or representations about the Goods shall not apply unless they are expressly agreed in writing and signed by the Company.
2.3 Any order or acceptance of a quotation for Goods by the Buyer shall be deemed to be an offer by the Buyer to purchase Goods from the Company, subject to these Conditions.
2.4 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. The acknowledgement of an order by a message on the Company’s website or an e-mail shall not constitute confirmation or acceptance of such order.
2.5 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
2.6 The Company cannot guarantee that stock of all Goods will always be available. The Company will make all reasonable attempts to ensure that the Buyer will be able to order Goods, as long as such Goods are in stock.
3. Description
All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues, brochures or on its website are issued, published or displayed for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and shall not be treated as constituting any warranty, representation or condition in relation to any of the Goods. This is not a sale by sample.
4. Delivery
4.1 No goods shall be delivered unless payment has been effected.
4.2 We utilize the courier services of couriers to deliver the goods, within the RSA. Should we not be able to deliver via a courier on account of your location, we may, at our sole discretion, make use of the post office service. No deliveries will be made outside the borders of the RSA unless agreed in writing between the parties.
4.3 Goods will be delivered to the specified delivery address as stated in the online order form, which must be a physical address. Please ensure that you provide a valid street address.
4.4 Goods will be delivered on any day from Mondays to Fridays, between 08:00 and 17:00. Please ensure that somebody will be available to receive the parcel between these times as the courier service cannot provide specific delivery times.
4.5 If the Buyer does not properly accept delivery, the Goods will be deemed to have been delivered and risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence). The Company may store the goods until collection by the Buyer whereupon the Buyer will be liable for all related costs and expenses (including storage and insurance).
4.6 Any complaint of short delivery or defects discoverable on reasonable inspection must be notified to the Company (see clause 12 below) within 7 days of receipt of the Goods and confirmed in writing at that time by the Buyer to the Company.
4.7 The Company shall, at its option, replace, repair or give credit for any defective Goods provided that condition 4.6 has been complied with and that the defective Goods have been returned to the Company, accurately identified and packaged appropriately. The Company’s liability for non-delivery of Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the appropriate rate.
4.8 Any dates specified by the Company for delivery of the Goods are intended to be an estimate. The Company will endeavour to deliver all Goods to the Buyer within 2 – 5 working days from receipt of the Order AND payment.
4.9 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract.
4.10 A delivery fee will be charged, which fee shall reflect as a separate item on the online till slip.
4.11 No deliveries will be made on weekends and public holidays. We will use our best endeavours to effect deliveries within the above stated times. Whilst we will endeavour to ensure that goods are delivered timeously, we shall not be responsible for any delays in the delivery of such goods, and you will not be entitled to refuse acceptance of such late deliveries.
4.12 On delivery of the goods to the specified delivery address, you will receive our delivery note stating the following: the goods delivered; any non-available items; the delivery fees; Value-Added Tax and the amount charged.
4.13 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.
4.14 Should no one be in attendance at the time of delivery, the driver of the courier service will return the products to our offices and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternative delivery time. We reserve the right to charge an additional delivery fee should it be required in the circumstances.
5. Risk/Title
Risk in the Goods shall pass to the Buyer upon delivery.
6. Price and Payment
6.1 The Company’s price list is merely a guide and we reserve the right to alter the prices of any goods and services from time to time and without prior notice to you. Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out on the online till slip.
6.2 Payment for the Goods shall be made, without any set-off, deduction or counterclaim whatsoever.
6.3 We accept Visa and Mastercards, but we do not accept debit card payments. Payment may also be made by EFT (electronic funds transfer).
6.4 We will debit the total value of your online order against the payment card tendered by you during the online order process, alternatively, if payment is to be made by EFT, arrangements must be made directly with us by e-mail and we will provide you with details of how to remit payment to our bank account. EFT orders cannot be filled in online.
6.5 No payment shall be deemed to have been received until the Company has received cleared funds.
6.6 By submitting your order, company name and registration number/ID number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
6.7 The amounts payable in respect of each Contract shall be as set out on the online till slip.
6.8 Value Added Tax (“VAT” as contemplated in the South African VAT Act, 89 of 1991) is payable on all purchases.
7. Cancellation
7.1 Cancellation of Contracts/orders will be accepted at our sole and absolute discretion and we do not provide a warranty that any cancellation of any order will be accepted.
7.2 We reserve the right to debit your payment card for the delivery fees and/or a cancellation fee of up to 10% of the value of the order in respect of any cancellations.
7.3 If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the Contract and the cancellation thereof.
8. Limitation Of Liability
8.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
8.1.1 any breach of these T’s & C’s; and
8.1.2 any representation, statement, act or omission including negligence arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Contract.
8.3 The Company shall not be liable to the Buyer for:
8.3.1 loss of profits; or
8.3.2 loss of business; or
8.3.3 depletion of goodwill and/or similar losses; or
8.3.4 loss of anticipated savings; or
8.3.5 loss of goods; or
8.3.6 loss of contracts; or
8.3.7 any other special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
8.4 In the event of the Company attracting any liability (contractual, delictual or howsoever arising) toward the Buyer in connection with the performance or contemplated performance of the Contract, such liability shall be limited to the price paid by the Buyer for the Goods. The Buyer may make its own arrangements, at its own cost, for the insurance of any excess loss.
9. Assignment
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
10. Force Majeure
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental action, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 6 months, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
11. General
11.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
11.2 if any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidable, unenforceability or unreasonableness be deemed severable from the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
11.3 Failure or delay by the Company 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.
11.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
11.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by any person that is not a party to it.
11.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South African courts.
11.7 Notices: Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing and addressed to the other party at its registered office, principal place of business or, where the Buyer is a consumer, home or such other address as may at the relevant time have been notified to the party giving the notice where such notice shall be deemed to have been given when delivered if delivered by hand and 2 working days following the date in which the said notice was so posted.
11.8 These online order and purchase terms must be read with the aforementioned general terms, all of which terms are applicable to all agreements between the Buyer and the Company.
12. Lost or Damaged Shipment
Please contact us on (082) 941 2722 and e-mail us at info@layzzzee.co.za on Mon – Fri 08:00 – 16:00.