Terms & Conditions

 
  1. Definitions and Interpretations
    1. In these Conditions:
      The Customer
      means the person whose order for the Goods and Services is accepted by the Supplier, or that person’s representative, who by contacting the Supplier, warrants his or her authority, and excludes minors, those lacking the legal capacity to contract and any organ of State;
      Commencement date
      means the date on which the first payment is received from the Customer;
      The Contract
      means the standard terms and conditions of sale set out in this document;
      The Delivery Date
      means the time and date by which the Goods and Services are to be delivered, which may be extended where required by the Supplier, provided the Customer is promptly informed of the new time and/or date;
      The Goods
      means the goods which the Supplier is to supply to the Customer in accordance with these Conditions;
      The Services
      means the Services to be provided to the Customer as set out in the Website;
      The Supplier
      means Hertex Fabrics (Proprietary) Limited, a private company incorporated in South Africa with registration number 1951/002375/07 with their principal office at 12 Bella Rosa Street, Rosenpark, Bellville, Western Cape,
      The Website
      means the Supplier’s website at www.hertexhaus.co.za which may be updated from time to time.
  2. Basis of Sale and Service
    1. The Customer is deemed to make an offer to the Supplier by placing an order for the Goods and Services by either completing the relevant information on the Website, or by approaching the Supplier by other means.
    2. The Contract is concluded once the Supplier has received acceptable proof of receipt of the Customer’s payment.
    3. It is recorded that such Contract does not result from any direct marketing, but is rather concluded at the initiative of the Customer.
    4. No change to the Contract will be binding on the parties unless the change has been agreed to in writing between the Customer and the authorised representative of the Supplier.
    5. By placing the order or signing up on the Website, the Customer grants the Supplier the right to address marketing material and other correspondence related to the Goods and Services to the Customer, including marketing material which reaches the Consumer outside of ordinary office hours.
    6. Any typing, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier may be corrected by the Supplier without any liability on the part of the Supplier.
    7. The Supplier is entitled to cancel an order should circumstances so require, and shall only be liable to refund monies already paid by the Customer to the Supplier in respect of such a cancelled order.
  3. The Goods and Services
    1. Illustrations, photographs or descriptions on the website or in any brochures, price lists or other documents issued by the Supplier are intended as a guide only and the Customer will be entitled to rely on descriptions or samples of only the specific Goods ordered by the Customer.
    2. The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or which do not materially affect their quality or performance.
    3. If there is an unavoidable delay caused by unforeseen circumstances, including labour stoppage, weather, delays in the Supplier’s contractors’ operations, interruptions of electricity, etc. or any delays caused by the Customer resulting in a delay in delivery of the Goods, the Supplier will timeously inform the Customer of this delay and will not be guilty of breach of contract as a result.
    4. Volumes of the Goods sold on the Website are limited. The Supplier will make all reasonable efforts update the website and its advertising timeously regarding any product as soon as stock is no longer available. However, should any product still be offered after stocks having been sold out, the Supplier will only be liable to refund monies where it is unable to fulfil orders at advertised prices.
    5. The Supplier records that the Customer has not informed it of a particular purpose for which the Goods are acquired, or the use to which the Customer intends to apply the Goods.
    6.  The Supplier will not be liable for any theft, loss or damage of the Customer’s property unless the theft, loss or damage was caused by the Supplier’s recklessness.
  4. Price
    1. The price of the Goods and Services shall be the price reflected on the Website current at the date of acceptance of the Customer’s order.
    2. The Supplier reserves the right, by giving reasonable notice to the Customer at any time before delivery, to increase the price of the Goods and Services to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods and Services which are requested by the Customer, or any delay caused by any instructions by the Customer or failure of the Customer to give the Supplier adequate information or instructions.
    3. Except as otherwise stated under the terms of any quotation or the pricing reflected on the website, all prices are inclusive>of the Supplier’s charges for packaging and transport.
    4. The price on the website is inclusive>of value-added tax (currently at 15%), which the Customer shall pay the Supplier in addition to the said price.
    5. Subject to clause 6.1, standard delivery is free for orders totalling R1 500.00 or more across South Africa. All other orders carry a flat rate delivery charge of R150.00. The cost of international deliveries is available upon request. Please email onlineorders@hertex.co.za to obtain a quotation for specific addresses.
  5. Payment
    1. The time of payment is a material term of the Contract. If the Customer fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions, then the Supplier shall not be bound by the transaction.
    2. All payments shall be made to the Supplier by using one of the payment mechanisms on the website.
    3. In order to protect the Supplier’s and Customers’ interests, the Supplier scrutinises all transactions very carefully to prevent attempted fraud. A transaction may be refused if the Supplier is not satisfied with its legitimacy, in which case the Consumer will be notified so that where appropriate alternative arrangements can be made for payment.
  6. Delivery and Performance
    1. Subject to availability and receipt of full payment, delivery of the Goods shall be made by the Supplier’s contractor to an address specified by the Customer within the Republic of South Africa. If delivery is required outside the Republic, the Customer is requested to email our helpline at onlineorders@hertex.co.za and a quotation for the delivery charges will be supplied.
    2. The Supplier or their courier will inform the Customer of the expected delivery time of the order but the Supplier will not be liable for any loss caused by a delay for reasons beyond the Supplier / courier’s control.
    3. If delivery is not taken by the Customer after a reasonable number of attempts by the courier, the Goods will be retained by the Supplier for a period of 8 weeks, whereafter the Goods will be regarded as having been abandoned and the Supplier will be entitled to deal with the Goods as it wishes and for its own account.
  7. Passing of ownership, care instructions and product recall
    1. Notwithstanding delivery, ownership of the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods and Services and any other debt owed by the Customer to the Supplier.
    2.  The Customer is advised to treat the Goods strictly in accordance with the care instructions on the Website.
    3. In the unlikely event of a product recall by the Supplier, the Customer undertakes to assist the Supplier in recovering all affected Goods.
  8. Warnings and instructions
    1. Please take great care when unwrapping and disposing of the packaging in which our Goods are supplied. Keep the packaging away from children and other vulnerable people. Use appropriate equipment such as scissors to remove the packaging. Children and infants can choke on the plastic and other packaging materials or get strangled, sharp edges can cause cuts and none of the packaging is edible and may be poisonous if ingested.
    2. Where possible, remove packaging and use our Goods in a responsible manner as to avoid injury. Rugs should be used with an Anti-Slip underlay or secured to avoid users slipping when rugs are placed on slippery surfaces.
    3. Our Goods should be kept dry, save when for example towels are in use. Any of our Goods may stain adjacent materials if they are allowed to get wet.
    4. Take all reasonable precautions to guard against fire at the premises where our Goods are used or stored. Our Goods may be flammable.
  9. Returns
    1. If on delivery any of the Goods are defective in any material respect, the Customer must give written notice of such defect to the Supplier within three business days of such delivery on onlineorders@hertex.co.za and return the Goods to the Supplier by packaging each item to be returned securely, as far as possible in the same manner as originally packaged for delivery to the Customer, and then hand them to the Supplier’s courier service at the arranged time and at the original delivery address.
    2. The Customer must also provide proof of payment and their written reason for the return.
    3. Provided the Supplier’s quality assessor has signed the returned goods off as (i) defective or (ii) substantially different from the Website description or image of the item/s purchased, or (iii) in the case of made to order items, substantially different from the specifications, the Supplier shall then-
      1. replace the defective Goods within 14 days, to the extent that this is possible, or
      2. where impossible, replace the defective Goods with Goods as similar as possible to the Goods as the Supplier is able to source; or
      3. refund to the Customer the price for the Goods which are defective using the same payment method as the original payment, or
      4. repair the Goods and deliver them to the Customer.
    4.  Returns and requests for replacements or exchanges must be made within 6 months of delivery.
    5. The Supplier shall be under no liability in respect of any defect arising from fair wear and tear or any willful damage, negligence by any other party, subjection to abnormal conditions, used for a purpose other than their usual intended purpose, storage, transport or cleaning contrary to the warnings or care instructions issued by the Supplier, failure to follow the Supplier’s instructions (whether oral or in writing), misuse or alteration of the Goods without the Supplier’s approval, or any other act or omission on the part of the Customer, its employees or agents or any third parties.
    6.  Goods, other than defective Goods returned under clause 8.1, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier.
    7. Cancelled and/or returned orders are subject to collection charges of R250.00 per order, except where the bulk or number of Goods returned require special transport arrangements- in that case a quotation will be submitted to the Customer. These charges must be paid by the Customer. However, if the goods are found to be faulty in a material respect, the Supplier will refund the Customer the collection charge.
    8. We will consider an exchange or refund of Goods that are not defective if unused, undamaged and in their original condition, and they have been returned within 30 days of delivery.
    9. Due to practical and legal challenges, no returns are accepted for international orders.
    10. Due to the nature of the manufacturing process:
      1. we cannot accept returns of rugs because of a width variance of +/-3%;
      2. dye variation may also occur in all rugs
      3. made to order products cannot be returned unless they differ substantially from the material specifications of the order.
    11. Goods cannot be returned for reasons that we disclosed to the Customer on the Website, e.g. that the item is shop soiled.
  10. LiabilityExcept in respect of harm caused by the Supplier’s gross negligence, the Supplier will not be liable for damages, loss, costs, claims or expenses (whether caused by the Supplier’s servants or agents or otherwise) which arise out of or in connection with the supply of the Goods and / or Services.
  11. Force Majeure
    1. In the event that either party is prevented from fulfilling its obligations under this Contract by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout, weather, illness etc. the party shall not be deemed to be in breach of its obligations under this Contract. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
    2. If and when the period of such incapacity exceeds six months, then this Contract shall automatically terminate unless the parties first agree otherwise in writing.
    3. Each party shall however be liable to pay to the other damages for any breach of this Contract and all expenses and costs incurred (including legal expenses charged on an attorney and own client scale and collection commission) by that party in enforcing its rights under this Contract.
  12. WaiverNo waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
  13. SeverabilityIf 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 other provisions of these Conditions and the remainder of the provision in question shall not be affected by this finding.
  14. Governing Law and JurisdictionThe Contract is governed by the law of South Africa, save where the Customer places the order from abroad.
  15. Resolution of disputes: Any dispute between us and yourself relating to these terms will be decided by arbitration, unless either of us applies for urgent legal action. The Arbitration will be heard at the Cape Town offices of the Arbitration Foundation of South Africa (“AFSA”) in terms of its rules. The arbitrator’s award may be made an order of court at your or our request. Should either party fail to comply with the rules of AFSA, the arbitrator may give default judgment in favour of the other party.
  16. Changes to terms and conditions: We reserve the right to change these terms and conditions from time to time where circumstances require, provided that such changes will be reasonable and will be communicated to the Customer on reasonable notice.
  17. Information disclosure:
The following information is disclosed in terms of section 43 of the Electronic Communications and Transactions Act (ECTA), 25 of 2002 and section 41 of the Close Corporations Act, 69 of 1984:
Full Name and Legal Status: Hertex Fabrics (Pty) Ltd
Registration Number: 1951/002375/07
Names of Office Bearers: Managing Director: Peter Herrmann
Place of Registration: Republic of South Africa
Physical Address: 12 Bella Rosa Street, Rosenpark, Bellville, Cape Town, 7535
Postal Address: P.O. Box 4141 Tyger Valley, Cape Town 7536
Telephone Number: +27 (0)21 948 4764
Website Address: www.hertexhaus.co.za
E-mail Address: onlineorders@hertex.co.za