Terms and Conditions
By visiting this website you agree to the terms and conditions referred herein. Please ensure that you understand the terms and conditions and that you agree to it. If you do not agree to all the terms and conditions you may not access the website. We reserve the right to change the terms and conditions and any changes will be binding on all customers accessing the website from the date of the change.
ACCURACY OF INFORMATION
All reasonable efforts are taken to guarantee that the information on the website is correct at all times. We shall however not be liable for any loss, claim or expense in respect of any transaction as a result of wrong information on the website. We reserve the right to cancel any agreement based on any wrong information on the website. If you made a payment in respect of such a transaction you will be refunded.
AVAILABILITY OF STOCK
The stock of the items as advertised on the website are limited. We will take all reasonable steps to ensure that all items no longer available are discontinued on the website. If we are however unable to supply you with the stock ordered because of the unavailability of stock, you will be notified. You will be reimbursed for any payment made in respect of the purchase of such stock.
We reserve the right to change prices without notice. All changes in prices will be effective from date of change.
Descriptions and pictures of products on the website only provide an indication of the image of the product. The actual products may differ from the descriptions and photos.
The information on the webpage is supplied as general information and should not be used as the only basis for purchasing an item. If you rely on the information on the website it is done at your own risk.
Product will only be sold and send to you:
- Once a request for the product is received electronically; and
- Confirmation of full payment is received and payment is cleared through our bank.
CONDITIONS OF SALE
The SELLER, being The Humansdorp Co-operative Limited (“The CO-OP”) sells all goods and renders all services to members and other clients (“the Purchasers”) as an intermediary subject to the following terms and conditions:
- Notwithstanding delivery, ownership in the goods passes only upon payment of the full purchase price inclusive of interest thereon but the risk therein passes to the purchaser upon delivery of the services and goods.
- The goods are sold “voetstoots” without any warranty, expressed or implied, against latent or patent defects of whatsoever nature and the CO-OP makes no representations as to whether the goods or services are fit for the purpose purchased. The CO-OP shall not in any way be liable for direct or consequential loss arising from any defect, albeit latent or patent, in the goods and/or services. Should any Court find that the CO-OP is liable for whatever reason, as mentioned above, the liability of the CO-OP will by agreement be limited to the maximum of the price of the products bought by the Purchaser
- The representations, statements or warranties of the CO-OP’S employees and/or agents and/or suppliers to the PURCHASER does not and shall not bind the CO-OP.
- The CO-OP shall not incur any liability in terms of any guarantee or warrantee given by the manufacturer or supplier of any goods but the CO-OP shall upon request cede, without recourse, its rights in terms of such guarantee or warranty to the
- If physical delivery of the goods is not taken on the premises of the CO-OP the following conditions shall apply:-
- The transporter is the PURCHASER’S agent notwithstanding the fact that the CO-OP might pay the costs of carriage;
- Where the delivery is effected to the PURCHASER is effected upon confirmation by the CO-OP of the address where the goods are supplied;
- Delivery by means of vehicles of which the CO-OP is the owner, is done at the PURCHASER’S risk and the PURCHASER absolves the CO-OP from all liability for any loss incurred during loading, conveyance and/or offloading;
- Where delivery is effected to the PURCHASER by anyone other than the CO-OP at the CO-OP’S> request, the transporter shall be deemed to be the PURCHASER’S
- Where the CO-OP performs work and/or supplies materials in connection therewith or otherwise renders services, the CO-OP shall at its cost repair any defects which may arise within 60 (sixty) days after date of this invoice as a result of improper workmanship or defective material supplied. Save as aforesaid to the CO-OP shall not be liable to the PURCHASER or any third party for any direct or consequential damage caused by the aforesaid.
- The cost of any action arising therefrom shall be paid by the PURCHASER to the CO-OP on an Attorney-and-Client scale inclusive of collection commission, in the event of this transaction falling outside the ambit of the National Credit Act.
- Irrespective of the amount of the CO-OP’S claim, the PURCHASER consents to the jurisdiction of the Magistrate’s Court having jurisdiction over his person.
- A certificate signed by any Manager of the CO-OP, whose appointment the CO-OP shall not necessary have to prove, shall be prima facie proof of whatever is certified therein, for purposes of summary judgement and/or judgement by default.
- The CO-OP shall be entitled to cede and/or assign rights in terms of this Agreement.
- No indulgence, concession or failure to act timeously shall be construed as waiver by the CO-OP of its rights hereunder and shall not be construed as a novation or renewal in terms hereof.
- The PURCHASER renounces all benefits arising from the legal exceptions non numerate pecuniae (money not paid), errore calculi (error of calculations), non causa debiti (no cause of debt), revision of accounts, and no value received, the meaning of which the PURCHASER declares himself to be acquainted with.
- The granting of credit for goods sold or the substitution thereof will only be considered if the original sales document is presented.
- A levy will be charged on all goods correctly supplied by the CO-OP that is returned for credit.