TERMS AND CONDITIONS OF SALE OF
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.4 “Seller” means KastKingSA at number 8 Daggerhead Avenue, Extension 8, Lenasia that owns and operates www.kastking.co.za;
1.5 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.6 “Website” means www.kastking.co.za.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.4 Any complaints should be addressed to the Seller’s address stated in clause 1.4.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Knowledge Base – How to Order section within the website.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT, unless otherwise stated. The price excludes freight (delivery) charges.
4.2 The total purchase price (without freight charges) will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received (and processed) the Seller will add freight charges to the price of the Goods. Thereafter the Seller will email the invoice to the Buyer for payment. Payment can be made via electronic transfer, direct deposit or credit card.
4.4 Payment of the price and delivery charges must be made in full before dispatch of the Goods.
4.5 Compliance with Section 43(1) of the Electronic Communications and Transactions Act of 2002 (“ECT Act”).
In compliance with section 43(1) of the ECT Act, please note the following –
Full name : Huriya Suppliers t/a KastKing South Africa
Physical address : 8 Daggerhead street, Lenasia, Johannesburg
Telephone number : TBC
Facsimile number : TBC
Website address : www.kastking.co.za
E mail address : firstname.lastname@example.org
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 Goods shipped via courier normally takes 1-3 working days to reach their destination (depending on the area).
7.2 Goods shipped to outlying areas normally takes 3-5 working days to reach their destination (depending on the area).
7.3 Delivery times are estimates only and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer (or any third party) arising directly or indirectly out of any failure to meet any estimated delivery date – The Seller shall not be liable for any late deliveries.
7.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8 CANCELLATION AND RETURN
8.1 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by phone or email within 24 hours if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.3 Where a claim of defect or damage is made, the Goods must be returned by the Buyer to the Seller within 48 hours of delivery in the original packaging and should be adequately insured during the return journey. The Buyer shall be entitled to a replacement if the Goods are in fact defective.
8.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9 GIFT VOUCHERS
In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
9.1 Gift vouchers will be dispatched within 2 days of acceptance of order and will be delivered by email. Payment must be made in full before dispatch of the vouchers.
9.2 The Buyer must notify the Seller of any discrepancy in a delivery as soon as possible but in any event within 24 hours of the delivery of the vouchers.
9.3 Risk of loss, destruction or damage to the vouchers remains with the Seller until delivery to the Buyer where upon risk shall pass to the Buyer.
9.4 Gift vouchers may be exchanged for goods at web site or in store. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Seller has been in error in fulfilling the Buyer’s order.
9.5 Gift vouchers are valid for 3 months from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.
10 LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of South Africa and the parties hereby submit to the exclusive jurisdiction of the South African courts.