Terms of service

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Terms and Conditions – Ashwoodcreations Online

Effective date: 05 February 2023

Index

  1. General
  2. Quotation
  3. Terms of Payment
  4. Delivery and Installation
  5. Reservation of Ownership
  6. Liability
  7. Guarantee
  8. Refunds and Returns
  9. Entire Agreement
  10. Warranty on Capacity
  11. Non-Waiver
  12. Novation
  13. Governing Laws and Legal Proceedings
  14. Severability
  15. Privacy
  16. Intellectual Property
  17. Amendments
  18. Governing Law
  19. Contact Details
  20. Customer Acknowledgement

1. General

1.1 The terms and conditions of sales ("T&C's") contained in this document shall replace all previous versions thereof and/or any document(s) regulating the terms and conditions of sales of all goods and services ("Product(s)") by Ashwoodcreations with registration number .... ("THE SUPPLIER") to any CUSTOMER or CUSTOMERS, which shall include any natural person, juristic person including without limitation a company, firm or placing an order for PRODUCTS ("CUSTOMER(S)").

1.2 The SUPPLIER and the CUSTOMER as set out herein shall henceforth jointly be referred to as the "PARTIES".

1.3 These T&Cs shall be in effect from 01/01/2020 ("EFFECTIVE DATE").

1.4 The T&Cs contained in this document shall prevail over conflicts with or item(s) contained within the CUSTOMER's terms of purchase, any similar or related documents that contain or state anything to the contrary, whether directly or indirectly from the EFFECTIVE DATE.

1.5 The acceptance of any order by the SUPPLIER is conditional upon CUSTOMER's complete and unconditional acceptance of these T&Cs as indicated below. These T&Cs or any amendment or replacement version thereof shall prevail in respect of any order for PRODUCTS from EFFECTIVE DATE.

1.6 When a number of days is prescribed, the days shall be reckoned exclusively of the first day and inclusive of the last day unless the last day falls on a Saturday, Sunday or public holiday in which case the last day shall be the next succeeding Business Day.

1.7 The heading of the clause is intended for convenience and must only be used as an aid, nor do they affect, the interpretation of the T&Cs and:

  • Words in the singular include the plural and vice versa;
  • Words importing one gender include the other two genders;
  • A reference to a natural person includes a juristic person; and
  • The meaning of words so indicated with "*" or with the use of capital letters shall be so interpreted as indicated herein except in context indicating that some other meaning is intended.

2. Quotation

2.1 ALL QUOTATIONS by the SUPPLIER constitute as a legal offer to the CUSTOMER. Where accepted by the CUSTOMER as set out in 1.5 above, and full payment as set out in 3.1 below has been made, same shall constitute an "ORDER" or "ORDER ACCEPTANCE" being a legally binding Agreement between the two PARTIES.

2.2 All prices so quoted are valid for 14 (fourteen) days from date of QUOTATION unless otherwise agreed in writing.

2.3 Price quoted and agreed include the cost of product, delivery thereof unless otherwise agreed in writing and Value Added Tax thereof ("VAT").

2.4 No cancellation shall be allowed or accepted once a QUOTATION has been accepted and payment made, subject to clause 8 below.

2.5 All payments made are strictly non-refundable, subject to clause 8 below.

3. Terms of Payment

3.1 Full payment is required at the time of placing an order through our online store. Payment may be made via the available payment gateway on the online store, or directly to the SUPPLIER by electronic funds transfer (EFT) or other agreed method. The ORDER will only be processed and manufacturing will only commence once full payment has been received and cleared.

3.2 If payment is not made by due date interest shall be charged therein at 2% as per Ashwoodcreations regulations or the maximum permissible rate as published in terms of regulations of the National Credit Act No 34 of 2005 as amended whichever is higher, per annum. Such shall be the payable calculations. Such interest shall be payable. Calculated after a 14 (fourteen) day grace period following the date the payment was due until the date of its full settlement.

3.3 Where a CUSTOMER has failed or refused to pay as set out in 3.1 above, further ORDER of products will be suspended until the account is fully paid together with interest thereon. SUPPLIER reserves the right (without prejudice to any rights to damages or other remedy available) to withhold further DELIVERY to the CUSTOMER until payment in full, including any interest due, is made.

3.4 All payments made via the online store payment gateway are subject to the terms and conditions of the relevant payment service provider. The SUPPLIER is not responsible for any delays, errors, or failures caused by the payment gateway.

3.5 Where payment is made directly to the SUPPLIER, proof of payment must be sent to Ashwoodcreations00@gmail.com. The ORDER will not be processed until payment reflects in the SUPPLIER's bank account.

4. Delivery and Installation

4.1 DELIVERY of the PRODUCT is affected or deemed to have been affected to the CUSTOMER once the CUSTOMER has taken possession of the PRODUCT or when the SUPPLIER installs the PRODUCT, whichever occurs first (shall constitute "DELIVERY").

4.2 The address for DELIVERY shall be the CUSTOMER's address as stated on the ORDER unless otherwise stated between the PARTIES in writing.

4.3 Date(s) for installation are provided for information only. Whilst every effort is made to ensure due performance the SUPPLIER cannot accept any responsibility for damages or consequential loss or damage arising out of delay or failure to DELIVER by a specific date.

4.4 Late DELIVERY for any reason whatsoever shall not constitute grounds for withholding sums or making any payment due and payable or to refuse DELIVERY or to cancel the ORDER or repudiate the Agreement by the CUSTOMER.

4.5 In addition to the provision of 4.4 above, where a CUSTOMER fails to take DELIVERY of the PRODUCT for a period exceeding 14 (fourteen) days as reckoned from the time the CUSTOMER was first notified of the PRODUCT's readiness for DELIVERY and for any reason whatsoever, the SUPPLIER will be entitled at its sole discretion to charge storage and insurance costs, and any costs of attempted DELIVERY or re-DELIVERY thereof.

4.6 Within 7 (seven) days from installation the CUSTOMER shall sign off and thereby confirm its satisfaction with the PRODUCTS and installation. Failing which, any failure of the customer to sign off alternatively communicate as set out in 4.7 below shall be constituted as deemed sign off.

4.7 Damage regarding defects must be reported in writing to the SUPPLIER within 7 (seven) days of installation so appropriate measures can be actioned. Once the CUSTOMER either signs off as set out in 4.6 above or defects have been remedied or addressed, all liability of the SUPPLIER in the PRODUCT for loss or destruction, breakages, shortages or non-DELIVERY shall cease, subject to clause 8 below.

5. Reservation of Ownership

5.1 The PRODUCTS shall remain the property of the SUPPLIER until full payment has been received (each order being considered as a whole) or until prior resale in which case the beneficial and legal entitlement of the SUPPLIER shall attach to the proceeds of the resale or to the claim on the proceeds.

5.2 Upon taking possession of the PRODUCTS the CUSTOMER shall become custodian of the PRODUCTS for the SUPPLIER until CUSTOMER has made payment in full.

5.3 The CUSTOMER's right to possession will cease at the earliest of the following dates:

5.3.1 On expiration of any agreed period of credit or due date for payment of any invoice has passed;

5.3.2 Should proceedings be commenced for provisional or final liquidation or sequestration of the CUSTOMER or the CUSTOMER commits an act of insolvency or effects a general compromise with its creditors including any business remedies under this clause shall be without prejudice to its other rights provided in these T&Cs or any other law statute;

5.3.3 If the CUSTOMER does or fails to do anything which may imperil the title of the SUPPLIER to the PRODUCTS.

5.4 The SUPPLIER will have the right if paragraphs 5.3.1, 5.3.2, 5.3.3 apply to:

5.4.1 cancel the agreement and claim damages;

5.4.2 Repossess the PRODUCTS;

5.4.3 Use or sell any of the PRODUCTS;

5.4.4 Enter any premises of the CUSTOMER to uninstall or remove the PRODUCTS.

6. Liability

All PRODUCTS sold to the CUSTOMER on the following conditions, and the SUPPLIER does not accept any responsibility arising from a CUSTOMER's failure to follow this provision:

6.1 The SUPPLIER cannot be responsible for circumstances where the CUSTOMER is not present at the DELIVERY/Installation address.

6.2 The SUPPLIER cannot guarantee a precise colour match to samples, our PRODUCTS are made from natural materials. Minor imperfections not readily apparent at a distance of 1 (one) metre under ordinary light will not be accepted as defects.

6.3 Colour matching of finishing PRODUCTS (ex. Paints and stains) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished product.

6.4 The SUPPLIER cannot guarantee the PRODUCT against slight fading especially as a result of exposure to sunlight where slight fading will occur.

6.5 Under no circumstances except in respect of death or injured person caused by the SUPPLIER's negligence does the SUPPLIER accept liability for consequential loss, damage, costs or expenses, howsoever arising and for any such consequential loss is hereby specifically excluded. Should a claim be made the SUPPLIER's liability is limited to the value of the ORDER placed by the CUSTOMER.

6.6 Tolerance levels for overall panel specifications are plus minus 2mm per individual panel, and the product will not be considered defective if falling within the size range. Wrap on any component part, vertical or horizontal, shall not exceed 1mm per 300mm and shall not be considered defective within this tolerance.

6.7 Limitations. It is recommended that panels are ordered within our normal specifications range. We may exceed the limitations at your request, but in doing so we cannot accept responsibility.

6.8 If CUSTOMER is not on site when property is surveyed or installed the products will be fitted in accordance to the SUPPLIER's standard practices unless agreed prior to confirmation. Where the CUSTOMER elects to have installation done contrary to the SUPPLIER's said recommendation then liability will fall on the CUSTOMER itself.

6.9 The SUPPLIER accepts no responsibility for changes in aspect of the window or window surrounding including without limitation the window handles, alarms, sensors, or any additions to window or surround after final measurements and the ORDER has been placed. Any PRODUCTS that do not fit as a result of this will still need to be paid in full and any remakes or further work required will be charged in addition to the ORDER.

6.10 The SUPPLIER accepts no responsibility for any damages that occur during self-installation. After PRODUCT is taken from the SUPPLIER the SUPPLIER no longer has custody over the PRODUCT and cannot take any responsibility for any damages to the PRODUCT.

6.11 Ashwoodcreations PRODUCTS are intended for aesthetic purposes only, and the SUPPLIER does not guarantee any form of prevention or protection from crime.

6.12 To the extent permitted by law, and given the custom-made nature of the PRODUCTS, cancellations are not permitted once an ORDER has been accepted and full payment made. Nothing in this clause limits the CUSTOMER's statutory rights under the Consumer Protection Act, 68 of 2008, or the Electronic Communications and Transactions Act, 25 of 2002, as set out in clause 8 below.

7. Guarantee

All PRODUCTS are subject to either a 5 (five) or 12 (twelve) year quality and workmanship guarantee, depending on the PRODUCT. Please refer to our Product quality guarantee for further information.

8. Refunds and Returns

8.1 General Principle

Due to the custom-made nature of our PRODUCTS, we do not offer refunds for change of mind, incorrect selection by the CUSTOMER, or circumstances beyond our control. Custom-made, made-to-order, or personalised PRODUCTS are specifically excluded from any right of return or refund for change of mind. This exclusion is consistent with Section 42(2)(f) of the Electronic Communications and Transactions Act, 25 of 2002, which excludes goods made to the consumer's specifications or clearly personalised from the electronic transaction cooling-off right.

Nothing in this clause limits the CUSTOMER's statutory rights under the Consumer Protection Act, 68 of 2008 (CPA), or any other applicable law.

8.2 Defective or Non-Conforming Products (CPA Section 56)

In accordance with Section 56(2) of the CPA, within 6 (six) months after delivery of any goods to the CUSTOMER, the CUSTOMER may return the goods to the SUPPLIER, without penalty and at the SUPPLIER's risk and expense, if the goods fail to satisfy the requirements and standards contemplated in Section 55 of the CPA (namely, that goods are reasonably suitable for their intended purposes, of good quality, in good working order, free of defects, and usable and durable for a reasonable time).

The SUPPLIER must, at the direction of the CUSTOMER, either:

(a) repair or replace the failed, unsafe, or defective goods; or

(b) refund to the CUSTOMER the price paid for the goods.

This right applies notwithstanding any term in these T&Cs to the contrary. The SUPPLIER cannot contract out of this statutory warranty.

8.3 Cooling-Off Rights (Electronic Transactions)

In accordance with Section 44 of the Electronic Communications and Transactions Act, 25 of 2002 (ECTA), a CUSTOMER who enters into an electronic transaction with the SUPPLIER is entitled to cancel the transaction without reason and without penalty within 7 (seven) days after the date of receipt of the goods.

However, this right does not apply to goods that are made to the CUSTOMER's specifications or are clearly personalised, as set out in Section 42(2)(f) of the ECTA. Custom-made gates and doors ordered to specific dimensions, finishes, or designs fall within this exclusion.

For goods not excluded under Section 42(2)(f), the only charge that may be levied on the CUSTOMER is the direct cost of returning the goods. If payment has already been made, the CUSTOMER is entitled to a full refund within 30 (thirty) days of the date of cancellation.

8.4 Cooling-Off Rights (Direct Marketing)

If the transaction results from direct marketing (as defined in the CPA) and the ECTA does not apply, Section 16 of the CPA provides a 5 (five) business day cooling-off period after the later of the date the transaction was concluded or the goods were delivered. This right does not apply where the CUSTOMER has expressly consented to the supply of goods before the cooling-off period expires, or where the goods are made to the CUSTOMER's specifications.

8.5 Cancellation by the CUSTOMER (Non-Defective Goods)

Subject to clauses 8.2 and 8.3 above:

  • Payments are non-refundable as per clause 2.5.
  • Cancellations before manufacturing commences may be subject to a reasonable administration fee.
  • Cancellations after manufacturing commences will be liable for the full order value.
  • Custom-made, made-to-order, or personalised PRODUCTS are non-refundable once manufacturing has commenced.

8.6 Refund Method and Timeline

Approved refunds will be processed within 30 (thirty) days of approval, via the original payment method where possible, or by EFT. Refunds will be made to the CUSTOMER who made the original payment.

8.7 How to Request a Refund or Return

Requests must be submitted in writing to:

  • Email: Ashwoodcreations00@gmail.com
  • Telephone: 064 314 7605

Include your order number, proof of purchase, and reasons for the request. The SUPPLIER will acknowledge receipt within 5 (five) business days and respond with a decision within a reasonable time.

8.8 Exclusions

Refunds will not be granted for:

  • Minor colour variations or natural imperfections (see clauses 6.2–6.4);
  • Fading due to sunlight exposure (clause 6.4);
  • Damage caused by self-installation (clause 6.10);
  • Damage after sign-off (clause 4.7);
  • Products outside specified tolerance levels (clause 6.6);
  • Crime or security-related failures (clause 6.11);
  • Custom-made, made-to-order, or personalised PRODUCTS where the CUSTOMER simply changes their mind;
  • Goods that have been altered or modified after delivery.

8.9 Relationship with Other Clauses

This clause 8 shall prevail over any conflicting provision in these T&Cs. Nothing in these T&Cs shall be construed as waiving or depriving the CUSTOMER of any right conferred by the CPA or ECTA, nor as avoiding any obligation or duty imposed on the SUPPLIER by those Acts.

9. Entire Agreement

These T&Cs together with the particulars contained in the ORDER ACCEPTANCE as more fully set out below from the SUPPLIER shall constitute the entire agreement between the PARTIES. In the event of any inconsistency between the ORDER ACCEPTANCE and these T&Cs, these T&Cs shall prevail, subject to clause 8.9.

10. Warranty on Capacity

Each PARTY warrants that:

10.1 It has legal capacity and has taken all necessary corporate action required (where applicable) to empower and authorise it to enter into and implement this Agreement and terms and conditions herein set out.

10.2 This Agreement constitutes an agreement valid and binding on it and enforceable against it in accordance with its terms.

11. Non-Waiver

The failure by any of the PARTIES to enforce any provision of this Agreement shall not affect in any way that PARTY's right to require performance of the provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.

12. Novation

No PARTY may cede any or all of that PARTY's rights or all of that PARTY's obligations under this Agreement without the prior written consent of the other PARTY.

13. Governing Laws and Legal Proceedings

13.1 The validity of this agreement, its interpretation, the respective rights and obligations of PARTIES and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of SOUTH AFRICA.

13.2 The PARTIES hereby consent and submit to the jurisdiction of the Magistrate's Court, in any dispute arising from or in connection with this Agreement.

14. Severability

If any part of this agreement is void, illegal, unenforceable, or in conflict with any law of the state or local Government over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.

15. Privacy

Personal information is processed in accordance with the Protection of Personal Information Act, 4 of 2013 (POPIA).

Customer information will be used only for legitimate business purposes and will not be sold to third parties.

16. Intellectual Property

All product photographs, logos, drawings, designs, marketing material and written content remain our intellectual property unless otherwise agreed in writing.

17. Amendments

We reserve the right to amend these Terms and Conditions from time to time.

Updated Terms become effective once published.

18. Governing Law

These Terms are governed by:

  • The laws of the Republic of South Africa.
  • The Consumer Protection Act, 68 of 2008.
  • The Electronic Communications and Transactions Act, 25 of 2002 (where applicable).
  • The Protection of Personal Information Act, 4 of 2013 (where applicable).

19. Contact Details

Business Name: Ashwoodcreations

Telephone: 0844142081

Email: Ashwoodcreations00@gmail.com

Physical Address: 25 Aloe street, Van Dyk Park, 1459

20. Customer Acknowledgement

By placing an order, I confirm that:

  • I have read and understood these Terms and Conditions.
  • I understand that full payment is required at the time of placing my order.
  • I understand that all delivery dates and lead times are estimates only and are not guaranteed.
  • I understand that custom-made, made-to-order, or personalised products are excluded from the cooling-off right of return, in accordance with Section 42(2)(f) of the Electronic Communications and Transactions Act.
  • I understand that my statutory rights under the Consumer Protection Act, 68 of 2008, including the right to return defective goods within 6 months under Section 56, are not affected by these Terms.
  • I agree to be bound by these Terms and Conditions.