STANDARD TERMS AND CONDITIONS OF SALE (“Terms and Conditions”)
THESE ARE IMPORTANT TERMS AND CONDITIONS AND SHOULD BE READ CAREFULLY.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement unless the context indicates otherwise:
1.1.1 “CPA” means the Consumer Protection Act 68 of 2008;
1.1.2 “Delivery” means delivering the Products purchased by the Purchaser to the elected address provided by the Purchaser;
1.1.3 "Disclaimer” means any and all notices online or in store which excludes the Seller’s liability to the Purchaser;
1.1.4 “EFT” means Electronic Funds Transfer;
1.1.5 “Fixtures” means handles, hinges, runners and the like which form part of the Products;
1.1.6 “Intellectual Property” means any copyright, trademark, patent or trade secret that the Seller is the holder of;
1.1.7 “Order” means an Order placed with Vursa either online or in store for the purchase of Products;
1.1.8 “Products” means all items, presently being sold or supplied by Vursa;
1.1.9 “Purchaser” means the person, natural or otherwise, who purchases the Products from Vursa under these Terms and Conditions;
1.1.10 “Purchase Price” means the price of the Products as displayed in the store or online;
1.1.11 “Seller” means VURSA (Pty) Limited, Registration Number:
2020/641967/07) (“Vursa”), duly incorporated in terms of the laws of the Republic of South Africa and includes its licensees, sub-licensees and agents;
1.1.12 “Short delivery” means delivery of products where the delivered Products have fewer items delivered than reflected in the invoice;
1.1.13 “VAT” means Valued Added Tax as provided for in the Value-Added Tax Act No 89 of 1991 as Amended;
1.1.14 “Voucher” means an amount paid to Vursa that the purchaser, alternatively the holder of such voucher can use to purchase Products in store or online. The Voucher may be in the form of inter alia a slip or a card.
2. SALE OF THE PRODUCTS
The Company sells the Products to the Purchaser, who purchases the Products
subject to the Terms and Conditions as set out herein. The Purchaser will be bound by these Terms and Conditions.
3. PRICE AND METHOD OF PAYMENT
3.1. The prices displayed in store and on the website are quoted in South African Rands, which is valid and effective only in relation to supply in South Africa. All prices displayed are inclusive of VAT.
3.2. Prices and Product options available in store may also be displayed on tablets within the store and may provide for the Purchaser to customize Products. The Purchaser must ensure that the options they have selected are both accurate and correct.
3.3. Prices are also displayed on the website of the Seller and the Products may be purchased from the website in this regard, however, it will be the Purchaser’s responsibility to ensure that they are satisfied with their chosen Products and the specifics of each Product. The Seller encourages the Purchaser to attend at the store to ensure that they are satisfied with their chosen colour and finishes in respect of the Products.
3.2. Full payment of the Purchase Price and delivery charges must be made in full before any Products are Delivered or collected.
3.3. Payment for Products Ordered shall become due and payable, without deduction or set off.
3.3. All major credit and debit cards, as well as EFT payments are accepted.
4.1. The Seller reserves the right at its sole and absolute discretion to reasonably decline any Order and/or to suspend Delivery and/or to decline to supply the Products to the Purchaser.
4.2. The Seller recommends that if the Purchaser wishes to Order Products in a specific colour, that the Purchaser attend at the store to view the range of colours available. The colour schemes are available on tablets within the store for the Purchaser’s ease of reference. The Seller will not be held liable for any errors in Ordering items whose actual colour is different from that appearing on the Seller’s website.
4.3. Should the Purchaser wish to place an Order for a custom made item, then it is the Purchaser’s responsibility to verify the correctness of all information they provide to the Seller before confirming the Order. The Order must be signed by the Purchaser and returned to the Seller.
4.4. For Orders as per paragraph 4.3. above, a payment of the full purchase price is required in advance, once the Order has been placed.
4.4. The Purchaser may not cancel this Order prior to delivery, unless the Seller allows this in their sole and absolute discretion. In the event that such Order is cancelled, the Purchaser forfeits the amount already paid for the Order.
5.1. The Purchaser shall pay the full Purchase Price of the Order at the time of placing the Order.
5.2. No Order shall be processed by the Seller prior to payment of the Order being received in full by the Seller.
5.3. If the Purchaser requires the Products to be Delivered, then the cost of Delivery will be at an additional cost and will be included in the Order.
5.4. If Delivery is required by the Purchaser and has been included in the Order, then payment must be made in full for both the Products and Delivery.
6. DELIVERY OF THE PRODUCTS
6.1. Costs of the Delivery of the Products is not included in the Purchase Price and therefore will be at an additional cost to the Purchaser.
6.2. The Delivery address must be a physical address within the borders of South Africa and not a Post Box address. Should the Delivery address be incorrect, the Purchaser will be liable for any additional handling and shipping charges as a result of such errors.
6.3. For the purposes of this clause, the Seller shall include any affiliate, agent or independent contractor who may effect Delivery on behalf of the Seller.
6.4. Delivery shall take place between Monday – Friday between the hours of
08h00 and 17h00.
6.5. While the Seller endeavors to Deliver on the date and time advised, the actual Delivery date is subject to prevailing circumstances and may besubject to variation. Should Delivery not be possible on the stipulated days, Delivery of the Products will be rescheduled within 24 (twenty-four) – 48 (forty-eight) hours.
6.6. Subject to the CPA, and although the Seller will endeavor to Deliver the Products according to the Purchaser’s requirements, the Seller will not be held liable by the Purchaser should Delivery not be affected within the specified time frame due to any conduct of the Purchaser.
6.7. The Seller shall at its discretion be entitled to effect and invoice for part Deliveries in the event of Products delivered on separate days but being part of the same Order.
6.8. Delivery of the Products at the place of Delivery nominated by the Purchaser shall constitute good delivery. Any acknowledgement of receipt by the Purchaser or any authorized representative or employee, whether direct or indirect, in writing or otherwise shall also serve to confirm Delivery of the Products.
6.9. When effecting Delivery at the Purchaser’s premises or such other premises as nominated by the Purchaser, the Purchaser shall be responsible for receiving, unloading and checking the Products in the presence of the representative attending to the Delivery.
6.10. In the event of Short Delivery the Purchaser shall forthwith upon Delivery
endorse the Seller’s copy of the Delivery note, specifying details of the Short Delivery and thereafter within 7 (seven) days of Delivery the Purchaser may lodge a claim with the Seller in respect of such Short Delivery.
6.11. In the event that the Products are Delivered in a damaged or defective state, the Purchaser shall forthwith upon Delivery endorse the Seller’s copy of the Delivery note detailing the damage or defects to the Products and the Purchaser shall within 7 (seven) days of Delivery notify the Seller of such damage or defects in the Products delivered. The Products must be returned to the Seller at the risk of the Purchaser and in the original packaging, together with a proof of payment slip as proof of purchase of
6.12. The Products cannot be exchanged for the cash value, and if the Purchaser wishes to return Products within the 7 (seven) days then the Purchaser will be allowed to replace the Products for another Product/Products with the same monetary value.
6.13. On compliance by the Purchaser with 6.11 and 6.12 above, and provided that the Seller agrees with the information supplied by the Purchaser, the Seller will replace the damaged or defective Products.
6.14. Products may only be returned in terms of the CPA if the Purchaser is entitled in law to return the products, then and in line with the CPA a handling fee of up to 15% (fifteen percent) of the value of the Products may be charged when the Product and/or packaging is not returned in its original purchase condition.
6.15. If, on the instructions of the Purchaser, the Products are Delivered to a carrier for Delivery to the Purchaser, Delivery to the Purchaser shall be deemed to have been duly effected on Delivery to the carrier, who shall at all times be and remain the Purchaser’s agent for purposes of these terms and conditions.
6.16. If the returned products are found not to be faulty upon inspection thereof,
the Purchaser will be liable for all handling and shipping charges for the collection and the re-delivery of the product to the Purchaser. The Seller will not be liable if the products are damaged or faulty as a result of misuse, abuse or negligence on the Part of the Purchaser.
7.1. Should the Purchaser wish to purchase a voucher in store, the voucher must be for a set amount;
7.2. The Purchaser may purchase multiple vouchers and is not limited to purchase of only one voucher;
7.2. Vouchers are available for purchase in the amounts of R50.00; R100.00;
R200.00; R300.00; R400.00; R500.00
7.3. The Voucher is not exchangeable for cash;
7.4. Vouchers are only redeemable in store or online; and
7.5. The Voucher will only be valid and redeemable for a period of 1(one) year from date of issue, whereafter same will be of no value.
8. ASSEMBLY OF PRODUCTS
8.1. The Products will not be assembled prior to Delivery.
8.2. Should the Purchaser wish to have same assembled once Delivered, this will be at an additional cost to the Seller and will be included in the Order.
8.3. Should the Purchaser only pay for Delivery of the Products, then the Purchaser will have to assemble the Products himself.
8.3. Should the Purchaser need the Products Delivered and assembled, then both the cost for Delivery and assembly must be paid in full as per the Order.
8.4. Should the Purchaser wish to assemble the Products himself, the Purchaser should be made aware that there are small parts which may be included in the packaging, and that same could be hazardous if ingested. Therefore, the Purchaser, in purchasing the Products, accepts the risk of assembling the Products and indemnifies the Seller for any
injury, harm or damage as a result of electing to assemble the Products himself.
8.5. If damage occurs to Products during assembly by the Purchaser, the Seller will not be held liable for the damage and will not be held liable for a return or a refund.
9. CUSTOMER’S DOCUMENTATION AND PROTECTION OF PERSONAL
9.1. In terms of the Protection of Personal Information Act 4 of 2013 (“POPI”), a “Responsible Party” (the Seller”) has a legal duty to process a “Data Subject’s” Personal Information (in this case being your information and related details) in a lawful, legitimate and responsible manner. In compliance therewith, the Seller therefore requires the Purchaser’s express and informed permission to process any of the Purchaser’s Personal Information.
9.2. The Seller undertakes to ensure that any information collected by the Seller in relation to the Purchaser in its sale of Products will only be used for the purpose for which it is collected. The Purchaser insures that any Personal Information provided to the Seller is true, correct and accurate. The Purchaser must inform the Seller if their Personal Information changes.
9.3. However, Should the Purchaser not give the Seller the required consent, the Seller will still have the right, in terms of POPI, to process the Purchaser’s information without the Purchaser’s consent in certain circumstances including but not limited to the following:
9.3.1. where such processing and use of the Purchaser’s personal information is necessary in order to give effect to the contractual relationship between the Seller and the Purchaser;
9.3.2. where such processing is required in terms of a law, such as but not limited to the Financial Intelligence Centre Act 38 of 2001 (FICA) and the National Credit Act, 34 of 2005 (“NCA”); or
9.3.3. where such processing is necessary to protect the legitimate interests of the Seller or a third party.
9.4. All Personal Information which the Purchaser provides to the Seller will be
held and/ or stored securely for the purpose for which it was collected.
9.5. Once this information is no longer required, due to the fact that the Seller is no longer supplying the Purchaser with goods, such Personal Information will be safely and securely archived for a period of 7 (seven) years, as per the requirements of the Companies Act, 71 of 2008, or longer, should this be required by any other law applicable in South Africa. Thereafter, all the Purchaser’s Personal Information will be
9.6. In terms of Section 11(3) of POPI, the Purchaser has the right to object in the prescribed manner to the Seller processing the Personal Information. On receipt of the objection the Seller will place a hold on any further processing until the cause of the objection has been resolved. Please however note that in such an instance the Seller will not be able to provide the Purchaser with any goods until the objection is resolved.
9.7. Whenever the Seller commissions other organizations to provide support
services, the Seller will bind them to the Seller’s privacy policies as far as they may be required to have access to the Seller’s personal information to perform such services.
10.1. Irrespective of the type of transaction, the Seller hereby reserves its rights
to the ownership of the Products until fully paid for by the Purchaser.
10.2. In order to give effect to 10.1. the Purchaser shall ensure that the Products remain movable property, severable from any other moveable or immovable property to which the Products may be attached.
10.3. In the event of non-payment by the Customer for any reason whatsoever,
the Seller shall, in keeping with its rights of ownership in the Products, be entitled to repossess the Products without prejudice to any other rights of the Seller.
11. RISK AND LIABILITY
11.1. On Delivery of the Products to the Seller, the risk in and to the Products
shall pass to the Purchaser, notwithstanding that ownership in the
Products remains vested in the Seller until payment in full has been
11.2. The Seller makes no representations and warranties including, but not limited to, warranties as to the availability, accuracy or content of information, Products or services, and warranties of merchantability of fitness for a particular purpose of information, Products or services.
11.3. The Seller shall under no circumstances whatsoever be liable to the Purchaser, including without limitation, as a result of or in connection with the Seller’s negligent acts or omission or those employees, agents, representatives, sub-contractors or other persons for whom in law they may be liable for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused by the
Purchaser or the recipient of the Products or services or any other person arising from or as a result of any sale concluded.
11.4. The Products are sold to the Purchaser subject to the Seller’s specifications and recommendations. Failure to adhere to these may result in damage, injury or harm. The Seller shall not be held liable in any of these circumstances.
11.5. The Seller is exempted from any liability due to the Purchaser failing to
provide accurate information to the Seller.
12.1. All products carry an implied warranty of 6 (six) months in accordance with the CPA, which gives the Purchaser the right to return the Products should they be unsafe and defective. The Products also carry a manufacturer’s warranty where applicable, which runs concurrently with the implied warranty.
12.2. The implied warranty on the supplied Products places an obligation on the
Seller to accept the return of unsafe or defective Products within 6 (six) months of delivery.
12.3. There is a 3 (three) month warranty period on the Products in respect of fixtures.
12.4. Subject to the CPA, the Seller makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products and all conditions and warranties implied are hereby expressly excluded.
13.1. Subject to the CPA, the Seller shall not incur any liability of whatsoever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products.
13.2. The Products supplied to the Purchaser by the Seller shall be suitable only for the purpose designed and the Purchaser shall ensure the Products are handled, stored, installed, used, operated or otherwise dealt with in a normal and proper manner and where applicable, in a manner consistent with the instructions given by the Seller.
13.3. Subject to the CPA, no claim shall lie against the Seller arising out of or in
connection with any defects in, or suitability of the Products. Should the Products not be suitable for the purpose for which they were bought, the Seller shall not be held liable for this.
13.4. Without derogating from the generality of any of the provisions herein, and
subject to the CPA, the Seller shall not at any time be liable for any claims of whatsoever nature and howsoever arising for direct or consequential loss or damage which may be sustained by the Purchaser and the Purchaser hereby indemnifies the Seller against all such claims.
14. PROPRIETARY RIGHTS
The Purchaser shall not do anything to infringe any rights owned or licensed by the
Seller, including but not limited to, any form of intellectual property right in respect
of the Products.
No indulgence which the Seller may grant the Purchaser shall in any way be
deemed to affect, prejudice or derogate from the rights of the Seller, nor shall such
indulgence constitute a waiver or novation of any of the rights of the Seller, who
shall thereby be precluded from exercising any rights against the Purchaser which
may have arisen in the past, or which may arise in the future.
16.1. The Purchaser agrees that if any amount owing by it to the Seller is not paid in full or at all by it to the Seller on or before the date of payment thereof in terms of these Terms and Conditions, or if the Purchaser commits a breach of any of the provisions contained in the Terms and Conditions, all amounts owing by the Purchaser to the Seller shall immediately become due, owing and payable, and the Seller may either:
16.1.1. institute action against the Purchaser for specific performance in terms hereof; or
16.1.2. cancel the Agreement and take possession of any Products delivered to the Purchaser,
16.1.3. in both instances without prejudice to the Seller’s rights to claim all damages suffered by it as a result of such breach. Furthermore and in such event, the Seller shall be entitled immediately to suspend any Delivery of Products to the Applicant.
16.2. Subject to the CPA, the Purchaser agrees and consents in terms of section
45 of the Magistrates Court Act 32 of 1944 (“MCA”) to the jurisdiction of a Magistrate’s Court having jurisdiction in respect of the Purchaser or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Purchaser by the Seller in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate’s Court, provided that the jurisdiction of the Gauteng High Court of South Africa or any other division
of the High Court of South Africa chosen by the Purchaser in the event of
the Purchaser exercising its rights in terms hereof.
17. DOMICILIUM AND INFORMATION
17.1. The Purchaser hereby chooses as its domicilium citandi et executandi for all
purposes under or arising from these terms and conditions its delivery address
provided in the Order to the Seller.
17.2. Any notices sent by email shall be deemed to have been received on the date of
transmission provided that the transmission or receipt report does not indicate
otherwise and if posted by registered or secured mail, on the 10th (tenth) day after posting.
17.3. The Purchaser shall notify the Seller in writing of any changes in the information
provided to the Seller in the Order. The Purchaser shall not be liable for any damages, loss or expenses suffered or incurred by the Purchaser as a result of non-compliance by the Purchaser with this clause.
18.1. These Terms and Conditions shall apply to every Order and agreement between
the Seller and the Purchaser and shall also apply to any Products supplied to the
Purchaser by third parties engaged by the Seller.
18.2. These Terms and Conditions are governed by and in terms of the laws of the
Republic of South Africa.
18.3. If any of the provisions of these Terms and Conditions is rendered void, illegal or
unenforceable in any respect under any law it shall be severable and no provision
shall be affected by the invalidity of any other provision of these Terms and
Conditions and the validity, legality and enforceability of the remaining provisions
shall not in any way be affected or impaired thereby.