Last Updated: February 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER ON OUR WEBSITE.
1. THESE TERMS
1.1 These terms and conditions of sale (“Terms of Sale”) are the terms of sale referred to in the KlipKlap Website Terms and Conditions (“Site Terms”) and govern the contractual relationship between Us and Customers in relation to transactions made using the website, www.klipklap.co.za (“Site”), owned and operated by Gencam t/a KlipKlap (“KlipKlap”).
1.2 Throughout these Terms of Sale, you, the Customer, will be referred to as ‘you’, and we, the Vendor, as ‘we’ or ‘us’.
1.3 Please read these terms carefully before you submit an order for Goods via the Site. These terms tell you how Goods will be provided to you, how you or we may change or end the contract, what to do if there is a problem, how to cancel or return Goods, and other important information.
1.4 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
(a) you are an individual; and
(b) you are buying Goods via the Site wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.5 If you are a business customer these terms constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. OUR CONTRACT WITH YOU
2.1 Our acceptance of your order for Goods will take place when you receive a notification that your order has been confirmed, at which point a contract will come into existence between you and us. The confirmation will also include the shipping cost that will automatically be added to the total amount payable by you for the purchasing of the Goods, unless you arrange a collection with us. If you do not accept the shipping charge you may cancel your order and receive a full refund, provided: the order has not yet been dispatched and you cancel within 24 hours of receiving the order confirmation.
2.2 If we are unable to accept your order, we will inform you of this via the Site and you will not be charged, or you will receive a full refund if you have been already charged. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline that is not within our control.
2.3 An order number is assigned to your order and you will be notified what it is when we accept your order. It will help us if you can refer to the order number whenever you contact us about your order.
2.4 Please note that if your order contains more than one item, it will be marked as confirmed once all the items have been confirmed.
3. PROVIDING THE GOODS
3.1 The expected timeline and costs of delivery will be as displayed to you in the order confirmation email sent to you after we accept your order.
3.2 You will pay for the costs of delivery of Goods unless free delivery is offered or you choose to collect the Goods.
3.3 The cost of delivery will be displayed in the Checkout process and we will charge it as an item in your order. The total amount due for the order will be processed and charged against the payment option selected by you during the Checkout process.
3.4 The cost of delivery is calculated based on the size, weight and fragility of each item and the distance between the Goods location and your delivery address. The costs of delivery may vary depending on access restrictions or the type of courier required.
3.5 Our standard delivery service includes basic packaging and will be carried out by one delivery person or third party delivery company. Delivery will be to the delivery address selected by you when placing your order.
3.6 You may request additional delivery requirements at a further cost which will be determined before delivery is carried out.
You will be responsible for informing us of any special request(s) for delivery otherwise delivery will be deemed as standard. If we cannot accommodate the request, we will inform you.
If you provide an incorrect delivery address or change your mind, please inform us immediately by email at info@klipklap.co.za or via the Contact Us form on our website. The change of address may involve additional delivery costs or be rejected by the third party delivery company.
3.7 You may cancel or return your Order in accordance with our Cancellations and Return Policy.
3.8 Subject to 4.3 above, we will deliver Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order unless otherwise agreed in writing. If the item has not been dispatched within 30 days after confirmation, you may ask for a return of the item at our cost.
Please note that we are not liable for any delays in international transportation or customs clearance. Should your item be held at customs, you will not be able to request a return based on the delivery delay reason.
3.9 We are not responsible for delays outside of our control. If our supply of the Goods is delayed by an event outside of our control, you will be contacted as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods that you have paid for but not received.
9.10 If no one is available at your address to take delivery of the Goods, we will inform you of how to rearrange delivery or for you to collect the Goods.
3.11 If after a failed delivery to you, you do not re-arrange delivery or collect the order(s) from a collection address, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract under clause 6 of these terms.
3.12 It is your responsibility to inspect the Goods on receipt and report any damage that has occurred during delivery. If you do not report damage promptly, you may be responsible for the cost of returning the Goods in accordance with our Cancellations and Return Policy. Goods are sold ‘Voetstoots’ (as is).
3.13 Goods will be your responsibility from the time you accept delivery at the address you provided to us.
3.14 You own the Goods once KlipKlap or its payment providers have received payment in full. Payment will be taken in accordance with the Site Terms.
3.15 We may need certain information from you so that we can supply the Goods to you, for example, dates and times and preferred locations for delivery. If so, this will have been stated in the description of the Goods on the Site. We will contact you to ask for this information.
3.16 If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 6 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
3.17 We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
3.18 We may need to suspend the supply of Goods where we no longer have the Goods in stock. We will contact you in advance to tell you we will be suspending supply of the Goods.
3.19 You may contact us to end the contract for Goods that we have suspended supplying and we will refund any sums you have paid in advance for the Goods.
4. YOUR RIGHTS TO END THE CONTRACT
4.1 This clause four is subject to our Cancellations and Returns Policy.
4.2 If you are a consumer based in South Africa, you have a legal right to cancel a contract under the Consumer Protection Act during the period set out below in clause 4.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to purchase the Goods, you can notify us of your decision to cancel the contract and receive a refund for Goods. This right does not apply if you use the Goods or alter or repair the Goods. The right to cancel does not apply to the following types of Goods, which are non-refundable: Goods that are personalised, bespoke or made-to-order to your specific requirements.
4.3 Your legal right to cancel starts from the date you purchased the Goods (the date on which you are notified that your order has been confirmed), which is when the contract between us is formed (“Contract Date”). The deadline for cancelling the contract under this clause 4 is 14 days following the delivery of the item.
4.4 To cancel the contract, you must inform us in writing from the email address associated with your User Account on our website.
4.5 If you cancel the contract we will refund you the price you paid for the Goods as soon as possible and in any event within 14 days after you inform us of your decision to cancel the contract, provided that you have returned the Goods to us, where applicable. The costs associated with the delivery of Goods will not be refunded to you. Please note that if the item has been damaged or is not in similar conditions, you will not be refunded.
4.6 You will be refunded using the method you used to pay for the Goods. If we are unable to use the same method, we may contact you to process payment by electronic funds transfer.
5. OUR RIGHTS TO END THE CONTRACT
5.1 We may end the contract at any time by writing to you if:
(a) you do not provide us with information that is necessary for us to provide the Goods within a reasonable time of us asking for it. For example, the address for delivering the Goods to you;
(b) you do not, within a reasonable time, allow us to deliver the Goods to you.
5.2 If we end the contract in the situations set out in clause 5.1, we will refund the price of the item, deducting any costs we will incur as a result of your breaking the contract.
6. YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A CONSUMER
6.1 If you are a consumer, we have a legal duty to supply Goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
6.2 If you wish to exercise your legal rights to reject defective Goods you must return them to us in accordance with this contract.
7. YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A BUSINESS
7.1 If you are a business customer we warrant that on delivery, any Goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship, unless previously disclosed, unless it is a vintage or an antique item the defects are clearly communicated in their description.
7.2 Subject to clause 7.3, if:
(a) you give us notice in writing within 72 hours after delivery of discovery that the Goods do not comply with the warranty set out in clause 7.1;
(b) we are given a reasonable opportunity of examining the Goods such as clear pictures of the defective good; and
(c) you return the Goods to us at our cost, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full where a replacement is not available.
7.3 We will not be liable for the Goods failing to comply with the warranty in clause 7.1 if:
(a) you make any further use of the Goods after giving a notice in accordance with clause 7.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(c) you alter or repair the Goods without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
7.4 Except as provided in this clause 7, we shall have no liability to you in respect of the Goods failing to comply with the warranty set out in clause 7.1.
7.5 These terms shall apply to any repaired or replacement Goods supplied by us under clause 7.2.
8. PRICE AND PAYMENT
8.1 The price of the Goods (which includes VAT, if applicable) will be the price indicated on the order pages when you placed your order on the Site. We take all reasonable care to ensure that the price of the Goods advised to you is correct. The cost of the shipment will be charged as a separate line item and is payable when placing your order. You will receive a confirmation message with all shipping information. If you require an invoice for your purchase, please request it via the Site.
8.2 If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
8.3 If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
9.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
9.2 Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.3 We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods, including the right to receive Goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective goods under the Consumer Protection Act.
9.4 If you are a consumer, we only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 10.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
10.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation.
10.2 Except to the extent expressly stated in clause 7.1 all terms implied by sections 13 to 15 of the Sale of Goods Act and sections 3 to 5 of the Supply of Goods and Services Act are excluded.
10.3 Subject to clause 10.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for Goods under such contract.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 We will use the personal information you provide to us in accordance with all applicable data protection laws and regulations and our own Privacy Policy.
12. OTHER IMPORTANT TERMS
12.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3 These terms are governed by South African laws and you can bring legal proceedings in respect of the products in the South African courts. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa and the courts of South Africa shall have non-exclusive jurisdiction to settle any such dispute or claim.