These are the terms and conditions on which we will contract with you (“the Conditions”).
DEFINITIONS
- “Buyer” – the person, firm or company who purchases the Goods from the Company.
- “Company” – Ultimate Sports Nutrition Pty Ltd, Reg No. 2005/025229/07 (also known as “USN”)
- “Contract” – any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.
- “Goods” – any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
APPLICATION OF TERMS
All Contracts shall be subject to these Conditions (T’s & C’s) to the exclusion of all other T’s & C’s (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
Any alternative T’s & C’s or any addition, alteration or variation to these T’s & C’s or representations about the Goods shall not apply unless they are expressly agreed in writing and signed by the Company.
Any order or acceptance of a quotation for Goods by the Buyer to the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. The acknowledgement of an order by a message on the Company’s website or an e-mail shall constitute confirmation or acceptance of such order. The order confirmation e-mail will state the following: the goods to be delivered; the delivery fees; Value-Added Tax and the amount debited from your payment card.
The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
DESCRIPTION
All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues, brochures or on its website are
issued, published or displayed for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and shall not be treated as constituting any warranty, representation or condition in relation to any of the Goods. This is not a sale by sample.
DELIVERY
Goods will only be delivered once payment has been confirmed by USN where after the Goods will be delivered as follows:
to the Buyer by courier services, Aramex.
to the specified physical delivery address as stated on the online order form.
on any day from Mondays to Fridays, between 08:00 and 17:00.
If the Buyer does not properly accept delivery, the Goods will be deemed to have been delivered and risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence).
Any complaint of short delivery or defects discoverable on reasonable inspection must be notified to the Company within 7 days of receipt of the Goods and confirmed in writing at that time by the Buyer to the Company.
The Company shall give credit for any defective Goods provided that condition 4.4 has been complied with and that the defective Goods have been returned to the Company, accurately identified and packaged appropriately. The Company’s liability for non-delivery of Goods shall be limited to issuing a credit note at the appropriate rate within a reasonable time.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence.
No delivery fees are charged for orders over R700. Orders under R700 have a R99 flat rate delivery fee.
No deliveries will be made on weekends and public holidays. We will use our best endeavours to effect deliveries within the above stated time. Whilst we will endeavour to ensure that goods are delivered timeously, we shall not be responsible for any delays in the delivery of such goods, and you will not be entitled to refuse acceptance of such late deliveries.
Upon delivery of the goods, you or any other person to be found at the specified delivery address will sign our official delivery note or the delivery note of any authorised independent carrier which signature will constitute delivery of the goods purchased.
For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.
Should no one be in attendance at the time of delivery, the driver of the courier service will return the products to our warehouse and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternative delivery time. We reserve the right to charge an additional delivery fee should it be required in the circumstances.
RISK/TITLE
Risk in the Goods shall pass to the Buyer upon delivery.
Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
the Goods; and
all other sums which are or which become due to the Company from the Buyer on any account.
PRICE AND PAYMENT
Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out on the Company’s website (inclusive of Value Added Tax) as at the date of delivery or deemed delivery. The Company reserves the right to
alter the prices of any goods and services from time to time and without prior notice to you.
Payment for the Goods shall be made, without any set-off, deduction or counterclaim whatsoever. We will debit the total value of your online order against the payment card tendered by you during the online order process. Time for payment shall be of the essence.
No payment shall be deemed to have been received until the Company has received cleared funds via the payment gate with a 3D Secure enabled card or Instant EFT. Only bank cards of South African banks are accepted, no foreign bank cards.
By submitting your order, name, ID number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision or any act or proceedings which involves the solvency of the Buyer.
CANCELLATION
You must notify us in writing within 24 hours after submission of the online order of your intention to cancel the Contract/order. Notification of cancellation must be submitted to: online@usn.co.za. It will only be possible to cancel the order if it has not already been sent out for delivery. If it has been sent out for delivery already you will have to wait for the parcel to arrive and then still email us at online@usn.co.za. You will be able to view the status of your order in your ‘My Account’.
Cancellation of Contracts/orders will be accepted at our sole and absolute discretion and we do not provide a warranty that any cancellation of any order will be accepted.
If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the Contract and the cancellation thereof.
LIMITATION OF LIABILITY
The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of
- any breach of these T’s & C’s; and
- any representation, statement, act or omission including negligence arising under or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Contract.
The Company shall not be liable for
- loss of profits; or
- loss of business; or
- depletion of goodwill and/or similar losses; or
- loss of anticipated savings; or
- loss of goods; or
- loss of contracts; or
- any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
The Company’s total liability in contract, delict, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Buyer for the Goods and the Buyer shall be responsible for making its own arrangements for the insurance of any excess loss.
ASSIGNMENT
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental action, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 6 months, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
GENERAL
Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidable, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
The parties to the Contract do not intend that any term of the Contract shall be enforceable by any person that is not a party to it.
The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South African courts.
Notices: Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing and addressed to the other party at its registered office, principal place of business or, where the Buyer is a consumer, home or such other address as may at the relevant time have been notified to the party giving the notice where such notice shall be deemed to have been given when delivered if delivered by hand and 2 working days following the date in which the said notice was so posted.