Terms and Conditions
The following are our terms and conditions for the use of our website and any transactions arising therefrom or concluded in any other manner with you.
1. DEFINITIONS AND INTERPRETATION
1.1. In these terms and conditions:
- -“Consumer Protection Act” means the Consumer Protection Act , No 68 of 2008 as amended;
- -“Contract“ means any contract for the sale of goods and/or the supply of services between us and you, which will be governed by these Conditions;
- -“Conditions“ means the standard terms and conditions of sale set out herein, as amended from time to time and published on the website, including any special terms and conditions agreed in writing by us and attached hereto or to the Order Document;
- -“ECT Act” means The Electronic Communications and Transactions Act No. 25 of 2002, as amended;
- -“Goods“ means the goods and/or services which we supply in accordance with these Conditions, the details of which are set out in the Order Document;
- -“Order Document” means the order form and/or order confirmation and/or any other documents which we supply to you setting out the details of your order, including the costs, payment terms and delivery dates;
- -“PPIA” means The Protection of Personal Information Act No. 4 of 2013, as amended;
- -“Premises” means our physical store(s) and showroom(s);
- -“We” means Rottner Roberts Security (Pty) Ltd (Reg. No. 2017/048965/07), and "us” and "our” shall be construed accordingly;
- -“You” means the customer, whose details are set out overleaf, and "your” shall be construed accordingly.
1.2. The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3. All rights expressly reserved by or granted to us in these Conditions shall be without prejudice to any other rights which we may have from time to time in law.
1.4. Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for how we exercised our discretion.
1.5. Unless expressly stated otherwise, where our prior written consent is required in these Conditions, then we shall be under no obligation to furnish such consent, irrespective of whether you may allege this to be unreasonable or whether this will cause any delay to you.
2. BASIS OF SALE
2.1. These Conditions shall apply to all transactions entered into between you and us, including but not limited to any Contract or other transaction relating to the sale of Goods by us to you, irrespective of the manner in terms of which these have been concluded with you. These Conditions set out the entire agreement between you and us, read together with the Order Document and no other terms and conditions will be binding on us, including any terms or conditions which you may purport to impose under any purchase order, except where the variation or substitution of these Conditions is explicitly agreed to by us in writing and separately attached hereto or contained in the Order Document.
2.2. Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by us in writing. In entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed in writing.
2.3. Where the Goods are to be delivered in part deliveries, each delivery shall constitute a separate Contract. Failure by us to deliver any part of the Goods or perform any obligation at any particular point in time shall not entitle you to treat the Contract as repudiated.
2.4. All specifications, drawings and particulars of prices, weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract until such time as they are recorded in the Order Document.
3. ORDERS AND SPECIFICATIONS
3.1. No order submitted by you shall be deemed to have been accepted by us unless and until confirmed by us in the Order Document. All orders are subject to availability and on a first-come first-serve basis. Goods cannot be reserved, and we reserve the right to refuse to accept an order which does not comply with or requirements.
3.2. You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods, the delivery destination and any installation requirements within a sufficient time to enable us to perform the Contract in accordance with these Conditions.
3.3. If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with specifications submitted by you, you shall indemnify us and hold us harmless against all claims for loss, damages, costs and expenses which you or any third party may incur or suffer as a result of any infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person or lapse of any warranty or damage to the Goods and consequential losses which may result from our use of your specifications.
3.4. We reserve the right to make changes in the specifications of the Goods from time to time to the extent that these may be required to conform to any applicable statutory or SABS (“South African Bureau of Standards”) requirements.
4. PRICE OF THE GOODS
4.1. The price of the Goods shall be our quoted price in the Order Document. All prices and price information is subject to confirmation (as will appear in the Order Document) and are subject to change without notice prior to any Contract being concluded. The quoted prices on our website are for online or telephone purchases only, and may not be the same as in our Premises.
4.2. We reserve the right, by giving notice to you, at any time after concluding the Contract but before delivery, to increase the price of the Goods:
4.2.1. to reflect any increase in the costs to us in procuring and/or manufacturing the Goods, to the extent that such increases are due to any factors beyond our reasonable control;
4.2.2. due to any change in delivery date(s), quantities or specifications for the Goods which are requested by you, or any delay caused by your instructions or your failure to give us adequate information or instructions.
You will be asked to re-confirm your order at the new price in such instances.
4.3. Except as otherwise agreed in writing by us, all prices are given by us on an ex works basis, and where we agree to deliver the Goods otherwise than at our Premises, you will be liable to pay our charges for transport, packaging, installation (where applicable) and insurance.
4.4. The price is inclusive of any applicable value added tax. Any changes in the rate of value added tax will result in an automatic change in our quoted prices.
5. TERMS OF PAYMENT
5.1. Unless otherwise agreed to in writing all Goods have to be paid in full before delivery by EFT, credit card or cash, without set-off, deduction or bank charges, and we may ask for a deposit depending on the size and time frame of an order.
5.2. If you fail to make any payment on the due date in full then we reserve the right to:
5.2.1. cancel the Contract or suspend further deliveries to you;
5.2.2. appropriate any payment already made by you to such of the Goods or any costs we have incurred by such time, as we may think fit; and
5.2.3. charge you interest on the amount unpaid, at the rate of 3% per annum above the repo rate from time to time, until payment is made in full, such interest to be calculated daily and compounded monthly.
6.1. You shall make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery, including but not limited to ensuring access to the delivery address and equipment for receiving the Goods (where these must be transported to specific locations at the delivery address).
6.2. Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice. Where the Consumer Protection Act applies, you specifically agree that the delivery dates can vary up to 10 working days.
6.3. If we fail to deliver the Goods (or any part thereof) for any reason other than any cause beyond our reasonable control or due to your breach of these Conditions or failure to comply with any other obligation in terms of the Contract, our liability shall be limited to refunding you the price which we charged for the Goods (or part thereof) which were not delivered.
6.4. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to:
6.4.1. store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; and/or
6.4.2. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract (should you have made any payment to us) or charge you for any shortfall when compared to the price you would have paid us under the Contract.
6.5 Our courier will only deliver to a South African street address. A signature is required on all deliveries. All items are delivered between Monday and Friday, usually between 8.00am and 05.30pm.
6.6 LIGHT GOODS: Your order will be delivered by our chosen carrier. If no-one is available to sign for the item at the delivery address when our carrier calls, a card will be left detailing how to arrange re-delivery or collect the item from the carrier.
6.7 HEAVY GOODS: The item will be dropped off at a ground floor location, where possible at your front door. The carrier will not be able to deliver the item via any stairs or via a lift. You will need to position the item yourself and remove the packing materials.
PLEASE NOTE: You will need to ensure your floor loadings are not exceeded.
6.8 You will need to ensure that appropriate parking or a loading bay is available for our carrier's vehicle. You will also need to ensure there is clear access along the entire delivery route for the item ordered and the carriers moving equipment, including through all doorways. You will need to ensure the installation site is clear. We may ask you to complete a Heavy Goods Delivery Form to confirm these details before your order is dispatched.
6.9 Our carriers may charge us a fee if a delivery has to be aborted. If a delivery is aborted because you have supplied inaccurate or incomplete information, or the delivery site has not been prepared as agreed, or you are not available on the scheduled delivery day to receive an item, we reserve the right to recover the aborted delivery charge from yourself.
6.9.1 There may be a charge if you instruct us to change your delivery address after your order has been dispatched.
7. RISK IN THE GOODS
7.1. Risk in or damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our Premises, at the time of delivery to the designated address, irrespective of whether or not you take physical possession of the Goods at the relevant point in time and in all other instances on the date and time when we have tendered delivery of the Goods at our Premises.
7.2. Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, legal ownership in the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
7.3. Until such time as the legal ownership in the Goods passes to you (and provided the Goods are still in existence and have not been resold) we shall be entitled at any time
and at your cost to require you to deliver up the Goods to us and, if you fail to do so forthwith, to enter upon any premises where the Goods are stored and repossess the Goods. All attorney costs will be for your account in such instance, on an attorney own client basis.
8. WARRANTIES AND LIABILITY
8.1. Unless elsewhere expressly provided in these Conditions, and except where the Goods are sold in circumstances where the Consumer Protection Act is applicable, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law, subject to any applicable manufacturer’s warranties.
8.2. Where the Goods are sold subject to the Consumer Protection Act, your statutory rights are not affected by these Conditions and we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
8.3. You warrant that you have not entered into the Contract arising from any form of direct marketing as defined in the Consumer Protection Act.
8.4. We shall not be liable to you by reason of any representation made by us, our employees or agents (unless fraudulently made), or any implied warranty, condition or other term, or any duty at common law (unless any of these are expressly acknowledged and agreed to in these Conditions), for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or that of our employees, agents or any other person attributable to us) which may arise out of or in connection with the supply of the Goods or their use or resale, and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
8.5. We will not be liable to you or deemed to be in breach of contract by reason of any delay or failure to perform any of our obligations if the delay or failure is due to any act or cause beyond our reasonable control.
8.6. We accept no liability for any actions taken by you as a result of visiting our website or viewing the contents therein, or for placing reliance on the Goods provided by us to any other person or to yourself, other than as provided herein.
8.7. Whilst all reasonable care has been taken in the preparation of the content of our website, the website and all content on it is provided on an "as is" basis and "as available" basis. It is a term and condition of the use of our website that you expressly agree that the use of the website is entirely at your own risk and that you remain solely responsible for the legality and soundness of any decision you make or action you take as a result of you use of our website, and that you warrant that the information provided by you is accurate and complete in all respects. Any information contained in our website is not intended and should not be construed as legal advice. You are required
to verify the accuracy, completeness and currency of all information contained on our website.
8.8. You warrant that you have full legal capacity to enter into the Contract and warrant that you are authorised to procure the Goods.
8.9. In the event that you are a juristic person, you warrant that your net asset value or annual turnover exceeds R 2,000,000 in which case the provision of the Consumer Protection Act will not apply to you.
If you make any voluntary arrangement, become insolvent, sequestrated or liquidated, as the case may be, apply for debt counselling or business rescue or commit any other act of insolvency, we reserve the right to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods have been delivered but not paid for the purchase price for the Goods shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary, with reservation of ownership in our favour until payment has been received in full.
10. RETURN OF GOODS
10.1. We do not accept returns for the Goods, except where the Consumer Protection Act applies and we are required to accept the return of the Goods or where the Goods are defective.
10.2. We will accept returns for complete Goods only (all contents and accessories must be included) which are in a saleable condition, however you will be charged with a 10% handling fee for repackaging and other re-stocking expenses. Where the Consumer Protection Act applies, this charge will constitute the reasonable cancellation penalty.
10.3. Where we allow for the return of the Goods, any safes forming part of the Goods will not be accepted for return unless all keys supplied to you are returned to us simultaneously.
10.4. Goods manufactured for or altered to your specifications do not qualify for any return or refund, unless defective.
10.5. We will not accept the return of any Goods purchased by you where you claim that these were purchased based on an error or misconception with regard to the measurements, specifications, use or any other attribute of the Goods.
10.6. In all cases, we will not be liable for any shipment costs of the Goods to our Premises.
11.2. By submitting an order you shall be deemed to have consented to us processing any personal data supplied by you.
11.3. Upon cancellation of your order for whatever reason or after your purchase of the Goods, we shall maintain your data for a reasonable period for administrative purposes and the purposes set out in these Conditions, as well as for any other purposes as required by law.
11.4. Where personal information (such as your name, address, telephone number, email address and credit card information) is submitted to our website by you, for example through sending an email or filling in required fields, the following principles are observed in the handling of that information:
11.4.1. we collect, process and store only such personal information regarding you as is necessary to deliver the Goods. The specific purpose for which information is collected is apparent from the context in which it is requested.
11.4.2. we will not use the personal information submitted for any other purpose other than the efficient provision of the Goods, as well as for our website without obtaining your prior written approval or unless required to do so by law.
11.4.3. we will keep records of all personal information collected and the specific purpose for which it was collected for a period of at least one year from the date on which it was last used, unless otherwise required by law. We will not disclose any personal information regarding you to any third party unless your prior written agreement is obtained or we are required or permitted to do so in terms of the Promotion of Access to Information Act or any other law.
11.4.4. If information is released with your consent, we will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of at least one year.
11.4.5. we will destroy or delete any personal information under our control which has become obsolete.
11.4.6. Information collected about you through his use of our website is our property.
11.4.7. we will retain all ownership of and copyright in any database containing your personal information.
11.4.8. No credit card information is retained or stored by us.
11.5. You agree not to transmit through our website any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments and indemnify us against any claims from any third party regarding the content of your comments.
12. THIRD PARTY LINKS ON WEBSITE
We may display on the website links to other websites operated by third parties. Any such link is not a statement of recommendation of any of the goods and services available or being marketed on the said linked websites or due to any other links on the our website. We do not take any responsibility or liability for the accuracy, adequacy and completeness of the information on such linked websites.
13. COPYRIGHT NOTICE
We retain the copyright and all intellectual property rights in and to our website, including all current and future content that is displayed on the website and the software on which the website operates. This includes but is not limited to all material which is defined to include trademarks, trade names, logos, documents, texts, information, data, software, drawings, images, icons, logos, photographs, video and audio clips. We also assert the copyright against third parties in this regard.
14.1. These Conditions do not purport to confer a benefit on any third party.
14.2. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other’s principal place of business or address contain in the Order Document.
14.3. No waiver or failure to exercise any rights by us following any breach of the contract by you shall be considered as a waiver of any subsequent rights which we may have under these Conditions or in law.
14.4. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions shall not be affected.
14.5. The Contract and these Conditions shall be governed by the laws of South Africa, and you agree to submit to the exclusive jurisdiction of the South African courts.
14.6. We reserve the right to monitor and record telephone calls between you and our staff receives to monitor staff performance and ensure that we maintain consistent high quality service levels to our customers.
14.7. You shall satisfy yourself that you fully understand these Conditions, both legally and grammatically.
15. FURTHER INFORMATION REQUIRED IN TERMS OF THE ECT ACT
15.1. Our office bearers are the directors, Heinz Rottner and Brynn Roberts.
15.2. The physical address where we will receive legal service of documents is Rottner Roberts Security (Pty) Ltd., c/o Hildebrand Attorneys, 10th Floor, The Penthouse Suite, Valuta Trust Building, 74 Shortmarket Street, Cape Town 8001
15.3. Save in respect of any outstanding invoices due to us by you from time to time, any dispute hereunder must first be brought to the other party’s attention in writing for the other party to respond thereto and resolve the dispute within 14 days of receipt of the notice of the dispute. Other than as set out herein, we do not subscribe to any alternative dispute resolution code.
Effective 01 January 2017