1. Introduction:
A. These Terms govern your access to the website located at
www.simplycolour.co.za and associated web pages (“Website”). These Terms are a valid and binding contract between you and us. It is therefore
important that you read and understand these Terms. You may not access the Website unless you agree to abide by these Terms without modification. By accessing the Website and/or registering on the Website, you signify your
agreement to these Terms.
B. Please direct all questions relating to this terms and conditions page to info@simplycolour.co.za or hello@simplycolour.co.za
2. Definitions:
A. “Access” – means to visit, use, purchase off of and load in a web browser, mobile phone or similar software application or device or otherwise engage with the website.
B. “Content” – means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your access to the website.
C. “Customer” – means the person, natural and juristic, who uses the website to purchase off of or view.
D. “Intellectual Property” – means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on or in connection with the website
E. “Know-how” – means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with the Website, as well as, all available information regarding marketing and promotion of the products and services described in these terms of use, as well as all and any modifications or improvements to any of them.
F. “Paygate” – means the payment platform used in order to facilitate credit card payments.
G. “Product” – means the products which can be purchased on the Website in terms of these Terms and Conditions “Products” shall have a similar meaning.
H. “Terms” – means these terms and conditions of use, as amended from time to time including the Disclaimer, Privacy Policy and Email Disclaimer
I. “Trademarks” – means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same.
J. “You” and “Users” – means the Website’s users.
K. “Us”, “We” and “Simply Colour by Shaves” – means a company duly incorporated in accordance with the company laws of the Republic of South Africa with registered name and number being Shave Industrials (PTY) LTD Reg No: 198200356507.
3. Amendments:
A. You agree to the fact that we reserve the right to amend these terms at any time, in any way and from time to time. We will publish the amended Terms on the Website.
B. The onus is on you to keep updated with the Terms on this Website and we hold no liability for failing to adhere to, or, keep aware of the changes and amendments.
4. Capacity and Legal Age:
A. You may not access the Website and may not accept these Terms if you lack the legal capacity to enter into a binding contract with us; are a person barred from accessing to the Website under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you make access the Website.
B. In accessing the Website you represent and warrant that you are of full
legal age, or are emancipated or have your guardian’s consent to enter into a contract, being these Terms.
5. Personal Information:
A. Please access our Privacy Policy, in order to find out Privacy Policy which deals with the access to and of personal information.
B. You may be asked to submit personal information which includes, but is not limited to, the following: Addresses for postage, credit/debit cards details, cell numbers, full names, email addresses
C. You warrant that the personal information you submit is accurate, current and complete. It is a material breach of these Terms should the aforementioned information not meet the aforementioned criteria.
D. Verification of personal information may be necessary during certain period and for certain transactions, by using the Website you irrevocable agree to the verification process.
6. Acceptable Use:
A. This website may not be used for any illegal or immoral acts or, without being used in accordance with these Terms.
B. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Website.
C. You may not: engage in any abuse of e-mail or spamming, including, without being limited to the posting or cross-posting of unsolicited content with the same or substantially the same message to recipients that did not request to receive such messages; and inviting people who you may be connected to using third party services to access the Website where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining us and accessing the Website or other communications you send them from us); engage in any activity intended to enhance, solicit or otherwise recruit Website users to join an organisation except where we expressly authorise such activities in writing; take
any action aimed at deceiving or misleading any person, attempts to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Website; use the Website to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personality rights; use the Website to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as “pyramid schemes” and “chain letters”; use the Website in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others; use the Website to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended; gather email addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent; violate the privacy of any person in any way including, but not limited to, sharing any person’s personal information without their consent to do so; attempting to gain unauthorised access to the Website or any other network, including (without being limited to) through hacking, password mining or any other means; otherwise use the Website to engage in any illegal or unlawful activity.
D. Any breaches of the above mentioned exclusions allows us to terminate your use of this website and claim damages that may include full consequential loss.
7. Licences:
A. Please see our Privacy Policy for our licencing.
8. Limitation of Liability:
A. We disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to the Website is fit for any purpose. We do so within the limits of the law but to the fullest extent possible.
B. When you access the Website, it is entirely at your own risk. The Website is made available to you “as is”.
C. We do not warrant or guarantee any advice/opinions/statement or information. You acknowledge that any reliance upon any such opinion, advice, statement of information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on or relating to the Website without notice to you.
D. Whilst we take reasonable precautions in our operation of the Website, neither we or our agents or representatives will assume any responsibility and neither we or our agents or representatives (in whose favour this constitutes a stipulatio alteri or stipulation for another) shall be liable for any damages to or for viruses that may infect your computer equipment or software or other property on when you access the Website. Any content you access through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from accessing to the Website.
9. Indemnity:
A. You hereby indemnify us and our directors, officers, employees, servants,
agents and/or contractors and/or other persons for whom in law we may be
liable (in whose favour this constitutes a stipulatio alteri or stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your access to the Website or your breach of these Terms.
10. Dealings with third parties:
A. Third party transactions result in no change of liability or pricing.
11. Law and Jurisdiction:
A. The entire provisions of these Terms and Conditions and use of the Website shall be governed by and construed in accordance with the laws of the Republic of South Africa. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the Magistrate Courts of South Africa.
12. Service of Legal Documents:
A. Service of all legal documents, notices, and letters are to be sent to 4 Langford Road, Westville, 3630. Please note that delivery does not discharge the onus of service, customers are required to advise Simply Colour by Shaves that they have sent a document either telephonically or via email.
13. Monitoring of Communication:
A. This Clause is currently not applicable.
14. Disclosure of information:
A. The following information is disclosed by Simply Colour by Shaves to the User in accordance with the Electronic Communications and Transactions Act (ECTA):
B. Full name and legal status of Simply Colour by Shaves: Shave Industrials (PTY) LTD t/a Shave Paint and Décor.
C. Physical address: 2 Ibhubesi Road, Edstan Business Park, Riverhorse Valley, 4037.
D. Postal address: P O Box 83, Pinetown, 3600.
E. Website address: www.simplycolour.co.za
F. E-mail address: info@simplycolour.co.za or hello@simplycolour.co.za
15. Online Registration:
A. This Clause is currently not applicable.
16. Product pricing and availability:
A. The Products displayed on the Website are subject to availability and will be delivered within the Republic of South Africa only, within the areas as determined by Simply Colour by Shaves.
B. All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed. Simply Colour by Shaves reserves the right, without prior notice, to discontinue or change pricing or specifications of products offered on this Website without incurring any liability whatsoever.
C. Availability of stock is never guaranteed.
17. Methods of payment:
A. The acceptable payment method is with a registered credit or debit card utilising the aforementioned Paygate system.
18. Refunds:
A. Customers and Clients have a refund options subject to certain qualifications. These are as follows:
B. Refunds will be subject to a R 120.00 (One Hundred and Twenty Rand and Zero Cents) restocking fee and collective fee.
C. All returns and refund requests must be submitted to Simply Colour within 30 (thirty) days from date of delivery.
D. The item purchased must not be opened or used.
E. Refunds will only be issued should a material defect in the colour exist or, should the colour not match the swatch ordered. In the event that the colour does not match the swatch ordered, the customer will be given the correct colour and not moneys back. In the event of a “change of heart” and would like to return a product, Simply Colour will accept the return as long as the Return Policy conditions are met.
F. Swatches are non-refundable.
G. Refund queries must be directed to hello@simplycolour.co.za
H. In the event that Simply Colour by Shaves has to facilitate picking up items purchased in accordance with this refund policy, you will be charged the couriers fee.
I. Please note that these refund requirements are strictly applied, and no deviation thereof is permitted.
19. Risk and ownership:
A. Risk in the Products shall pass to you by acceptance of the Products by
your authorised representative on delivery or collection. We will retain ownership in the Products until payment has been received in full. In respect of Deliveries, ownership will pass when payment has been made and not on delivery.
20. Dispute Resolution:
A. If a dispute between the Parties arises out of or is related to these Terms and Conditions, the matter shall be determined in accordance with the following provisions, including any matter relating to the breach of any of the provisions of these Terms and Conditions.
B. Save in the event of either Party instructing urgent action against the other in any court of competent jurisdiction, any dispute arising from or in
connection with these Terms and Conditions will be finally resolved in
accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the aforesaid Foundation.
C. This clause will be severable from the rest of these Terms and Conditions so that it will operate and continue to operate notwithstanding any actual or alleged voidness, voidability, unenforceability, termination, cancellation, expiry, or accepted repudiation, of these Terms and Conditions.
D. Neither Party shall be entitled to withhold performance of any of their
obligations in terms of these Terms and Conditions pending the settlement
of, or decision in, any dispute arising between the Parties and each Party
shall in such circumstances continue to comply with their obligations in terms
of these Terms and Conditions.
21. Delivery:
A. Simply Colour by Shaves makes use of Siyanqoba Worldwide Express and DSV to effect deliveries. We will offer a turnaround time of 2 – 5 (between two and five) business days for deliveries to be completed.
B. Simply Colour by Shaves accepts no liability on behalf of courier services.
22. Trade Discounts
A. Who qualifies for Trade Discount. Businesses that have submitted their registration form to Hello@simplycolour.co.za and have been verified.
B. A discount code is linked to the supplied email address and no other email address or user is permitted to use this code.
C. The Trade Discount amount shall be 10% (ten percent) which shall be applied using the Trade discount code at the checkout .
D. The Trade Discount works on a sliding scale, a customer can earn a discount percentage of up to 12% (twelve percent) depending on the purchase quantity in a set time frame. This time frame is established at Shaves discretion.
E. If you fail to use the discount code at the checkout then you will forfeit your Trade Discount and you cannot redeem a Trade Discount at a later date.
F. The Trade Discount is not transferrable and may not be exchanged for cash or any other items.
G. The value of the discount, jointly and severally, includes VAT.
H. You may not claim the Trade Discount in conjunction with any other discount which Simply Colour may offer from time to time – only one discount may be utilised per purchase.
I. Simply Colour reserves the right to refuse to grant any person and or business the Trade Discount in the event that Simply Colour, in its sole discretion, determines that you have not complied with all terms and conditions.
J. The Trade Discount shall not apply to products that are below cost or already discounted.
K. Should you qualify for a Trade Discount then you agree that Simply Colour is providing you with the Trade Discount at Simply Colour’s sole and entire discretion and as a gesture of goodwill. Simply Colour shall not be liable for any loss and/or damage that you may suffer in the event that Simply Colour is unable to and/or fails to process any Trade Discount.
L. In addition to clause K above, Simply Colour shall not be liable for: technical malfunction which may result in you being unable to a claim a discount; System(s) errors which do not allow Simply Colour to process the Discounts; lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network or computer equipment or software.
M. 5(Five) free swatches will be added to the first order the Trade customer places. The swatch colour selection is at the Discretion of Simply Colour and no selection can be made by the customer. These swatches will be added into the order at no additional charges.
N. Trade Customer will through the course of the year, receive discount codes and/or promotions that are exclusively for Trade customers. These discounts and promotions will be communicated to the registered email address. The discounts will be linked to the registered email address in the same manner as the Trade discount code. No discounts or Promotions may be claimed following their expiration and all promotional and discount terms and conditions apply.
O. Protection of Personal Information:
You consent to the collection, processing and further processing of your personal information (including personal information contained in electronic communications) by Simply Colour for the purposes of granting the Trade Discount to you. It is recorded that Simply Colour will require your personal information to be presented in order to receive the Trade Discount.
P. Simply Colour shall process any and all Personal Information collected in accordance with the Protection of Personal Information Act as per our Privacy Policy