- “Business Customer” means a customer who is not a Consumer.
- “Consumer” means an individual who is not acting for the purposes of his or her business or profession.
- “Heavenly Hammocks” means Heavenly Hammocks cc also referred to as “we” or “us” in these terms and conditions.
- “Catalogue” means the catalogue of products and services offered by Heavenly Hammocks.
- “Force Majeure” means any cause affecting the performance by Heavenly Hammocks of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
- “Normal Working Hours” means 9 am to 5 pm on a Working Day.
- “Working days” means Monday to Friday, excluding Bank or other Public holidays.
Please note that special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 13.
- All contracts of sale made by Heavenly Hammocks shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom Heavenly Hammocks is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
- All orders are subject to acceptance and to availability of the goods ordered: Heavenly Hammocks is entitled to refuse any order placed by you.
- You undertake that:
- all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
- the credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
- Please note, Heavenly Hammocks may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
- Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
- Heavenly Hammocks reserves the right to modify the prices from time to time.
- Any prices quoted by Heavenly Hammocks in local currency may be adjusted by Heavenly Hammocks due to fluctuations in the US Dollar exchange rate.
- Due to the transaction costs imposed upon Heavenly Hammocks, a surcharge of 1.5% of the total invoice value will be applied to all AMEX transactions with effect from 1st January 2005.
3. DELIVERY, TITLE AND RISK
- Heavenly Hammocks shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
- In the case of a Business Customer, if Heavenly Hammocks is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Heavenly Hammocks in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Heavenly Hammocks after the above date but before delivery of the goods or notification from Heavenly Hammocks that the goods are ready for delivery. This Clause does not apply to Consumers.
- In the case of Business Customers, Heavenly Hammocks does not accept liability for shortages or damage to deliveries unless the Customer notifies Heavenly Hammocks of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
- Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
- Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
- Title in the goods does not pass to the Customer until payment is received in full by Heavenly Hammocks.
- If the Customer cannot accept delivery, Heavenly Hammocks may at its option:
- store and insure the goods at the Customer’s expense and risk or
- sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
- re-arrange delivery provided that Heavenly Hammocks may charge the Customer for the additional delivery costs incurred.
- The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Heavenly Hammocks shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
- Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Heavenly Hammocks shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
- Payment is due on shipment unless a Customer has been approved for credit. Heavenly Hammocks’ standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing.
- If payment is not made on the due date, Heavenly Hammocks will be entitled to charge interest daily on the outstanding balance at the rate of 3% above ABSA Bank’s base lending rate from time to time and in any event an administration fee in the sum of R700 shall be applied to each overdue invoice
- Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Heavenly Hammocks’ bank account, the details of which will be provided on request.
- Heavenly Hammocks shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded here.
6. CARD ACQUIRING AND SECURITY
- Card transactions will be acquired for Heavenly Hammocks via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
7. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
- Customer details will be stored by Heavenly Hammocks separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
8. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
9. PRODUCT SPECIFICATIONS
- Heavenly Hammocks makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
- If Heavenly Hammocks cannot supply the goods ordered by the Customer, Heavenly Hammocks reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Heavenly Hammocks in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
10. TRADE NAMES AND TRADE MARKS
- Trade names and marks (other than Heavenly Hammocks’) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
- In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with Heavenly Hammocks the identity of the manufacturer of component it is proposed to purchase.
11. HEAVENLY HAMMOCKS’ LIABILITY
- In its dealings with Business Customers, Heavenly Hammocks shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Heavenly Hammocks’ liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
- Nothing in this agreement shall limit Heavenly Hammocks’ liability for death or personal injury caused by its negligence.
12. HEALTH AND SAFETY
- Heavenly Hammocks confirms that the goods it supplies as a distributor do not present a hazard to health and safety
- when properly used for the purpose for which they are designed; and
- if the Customer takes reasonable and normal precautions in their use.
13. FORCE MAJEURE
- Where, in spite of its reasonable efforts, Heavenly Hammocks is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.
14. SPECIAL RULES FOR CLEARANCE BARGAINS & NON-CURRENT CATALOGUE REQUESTS (‘NCCR’) PRODUCTS
Please not that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 12. Customers who are Consumers are referred to Clause 13.
- Goods sold as ‘Clearance Bargains’ or “Stock Blowout” are downgraded goods that Heavenly Hammocks is able to offer at a discount on the normal catalogue price. Stocks of goods offered as Clearance Bargains are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of Heavenly Hammocks’ other terms and conditions, except those terms and conditions specifically covering Consumers.
- Clearance Bargains are graded according to the condition of the goods, which is described at the point of sale. The length of the guarantee (if any), with the benefit of which the goods are sold, is specified in the description of the relevant grade.
- Clearance Bargains, by their very nature, have limited availability. Upon receipt of an order for Clearance Bargains, Heavenly Hammocks will check stock availability. Until stock availability is confirmed to the customer, a contract for sale will not be created and no payment will be debited from the customer.
- All goods sold by Heavenly Hammocks as ‘Non-current catalogue requests’ (‘NCCR’) or ‘Specials’ are sold subject to the following special rules that apply in addition to Heavenly Hammocks’ other terms and conditions.
- Products are non-returnable unless we have made an error or the goods are faulty;
- quoted prices are valid for 14 days only, and
- quoted prices are not subject to value, cash or volume discounts.
15. THE CONSUMER PROTECTION (DISTANCE SELLING)
- Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Heavenly Hammocks website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling)
- The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
- The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Heavenly Hammocks, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
- The Customer is under a duty to retain possession of the goods whilst awaiting return to Heavenly Hammocks and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
16. ERRORS AND OMISSIONS
- Heavenly Hammocks makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Heavenly Hammocks will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Heavenly Hammocks’ liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Heavenly Hammocks after the manifest error has been discovered.
- A ‘manifest error’, as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Heavenly Hammocks which is more than 10% less than the price that would have been quoted had the mistake not been made.
- Nothing in these terms and conditions affects your statutory rights as a Consumer.
- If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
- Any waiver of a breach of this Agreement must be in writing.
- Any variation of this Agreement must be in writing and signed by a duly authorized Heavenly Hammocks official.
- The headings are for convenience only and shall not affect the interpretation of this Agreement.
- Any notices given under this Agreement shall be in writing and sent
- by first class pre-paid post to the last known address of the party; or
- by fax to their last known fax number; or
- by e-mail to the last notified e-mail address of the party.
- These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa and the parties submit to the non-exclusive jurisdiction of South African courts.
- Heavenly Hammocks may at its discretion record telephone transactions for staff training and quality control purposes.