Introduction
This policy explains the terms and conditions on which we supply any of the goods or products (Products) and services (Services) listed on our online store to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products or Services. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
“We” and “us” means Floor Mechanics (Pty) Ltd (Reg. No. 2021/154421/07).
“You” means the person placing an order and/or engaging with the store.
By using the website to consume content or buy products online, you confirm that you are at least 18 years old, you are a resident of South Africa, you are legally capable of entering into binding contracts and you are consenting to these terms and conditions and to our privacy policy.
We sell various Products online. The use of any Product or Service bought from us is at your risk. You indemnify and hold us harmless against any loss, injury or damages that may be sustained as a result of using the Products sold on the website.
Pricing and Product Details
Prices throughout the website are quoted in South Africa rands (ZAR), and payment can only be accepted in ZAR. Packing and delivery costs, if any, will be added to the total price of your quote prior to order confirmation. The price you pay is the price of the Products shown at the time you confirm your order, even if the price of the Product has since changed.
Products and Services prices include VAT (VAT No. 4230305247) If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products or Services in full before the change in VAT takes effect.
Product and Service prices and delivery charges are liable to change at any time, but changes will not affect orders for Products and/or Services which you then take steps to fulfil/receive within a reasonable time of such order
Availability of Products, or “in stock” as indicated on the web site, does not warrant that those Products are indeed available from the supplier. Furthermore, in some cases, products are indicated as being available on special request only.
While we make every effort to ensure that the Products shown on our website are currently available at the price shown, we cannot guarantee that this will always be the case. If Products you have requested or ordered are unavailable, you will be notified as soon as possible. Special or clearance sales are not entitled to a consumer or trade coupon/discount and this may also apply to specific full-priced Products, which will be indicated as such.
We endeavour to provide you with accurate and comprehensive Product and pricing information yet indemnify ourselves for incorrect information made due to our error or due to supplier error.
The Contract
“The contract is agreed” by you confirming the pricing and terms of the finalised quote, which will result in a binding contract. A request for payment email from us confirms that the contract is formed. A request for quote when you first submit your basket does not constitute a contract until you have agreed to the finalised quote, including shipping and availability.
Upon quote acceptance, we will submit an invoice for payment. We reserve the right to update the date of the invoice to reflect the date that payment was actually received as cleared funds and the order finalised, should payment occur after the original invoice date. An updated invoice will be provided upon full settlement.
Should a finalised quote not be confirmed as paid and cleared into our account within 72 hours of you being sent the request for payment, the order will be considered forfeited and will be cancelled, including all special terms and pricing. We reserve the right to withhold special terms and pricing should you wish to reactivate the order. We also reserve the right to refuse any request for quote or any order.
Delivery
Your order will be fulfilled/made ready for receipt (as applicable) within the expected time period as indicated at the time of ordering, unless there are exceptional circumstances. When your order has been dispatched, we will confirm as such with an email. The delivery method and location will occur as per the agreed terms of the order.
We are not responsible and cannot be held liable for knock-on fees, costs or penalties for incorrect, faulty, late or delayed deliveries outside of our control.
Returns and Refunds
Should you wish to return your purchased Products, you will be liable to ship the Products to our nominated location. The original shipping costs and the cost to return the Products to us are for your account. Within 60 days of receiving the Goods, we will issue you with a refund into your nominated bank account to an amount not exceeding 80% of the original purchase price due to the handling fees incurred.
The following specific requirements apply for returns:
- Products must be in a saleable condition, free from scratches and/or defects, not have been installed and in the original packaging without markings and damage to the packaging.
- Returned Products must be from current ranges and returned (and received) within 21 days of purchase.
- Returned flooring must be a minimum of 5 (five) boxes.
- Specials orders, sale or clearance items, natural fibre products, finishing trims, mouldings and consumables may not be returned.
Should the reason for the return be due to a claim of so-called product failure, a separate manual process will be triggered whereby an assessment of the claimed failure would determine the likely cause of failure with the respective party being expected to providing remedy accordingly.
Copyright
This website and all content contained within it is protected by copyright and no portion of it may be used without express written permission from Floor Mechanics.
Warranty
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. All other warranties, conditions or terms relating to fitness for purpose, technical specifications, satisfactory quality or condition whether implied by stature or common law are excluded in so far as permitted by law.
In such cases where the Product fails in its warranty, the supplier and manufacturer are responsible for honouring the warranty provided for each Product. We are not liable to facilitate, confirm or deny product suitability towards manufacturers’ warranties. This is for the manufacturer and local representative alone.
Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication by us to you will be electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Waiver
The failure of either party to exercise or enforce any right conferred on that party by these terms and conditions shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the clause above on ‘Written Communications’.
Severability
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Force Majeure
We reserve the right to defer the date of delivery or to cancel a Contract for all circumstances beyond its reasonable control, including but not limited to any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting our business or work and which prevents or hinders the delivery of the Goods or the performance of the Services.
Law and Jurisdiction
These terms and conditions and any dispute or claim arising out of or in connection with them or their
subject matter or formation (including non-contractual disputes or claims) will be governed by South African law.
Any dispute or claim arising out of or in connection with these terms and conditions or their formation
(including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the Cape High Court, South Africa.
Updates to These Terms
We reserve the right to change, modify, add or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to this website. It is your obligation to periodically check these terms and conditions at the website for changes or updates. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these terms and conditions, including such changes or updates.
