Terms and conditions

These terms and conditions are the contract between you and Dailyweb365 (Pty) Ltd (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

I / We are Dailyweb365 (Pty) Ltd registered in South Africa, registration number 2015/34038207

You are: Anyone who uses Our Website at www.dailyweb365.com

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The terms and conditions:

1. Definitions

In this agreement:

2. Interpretation

In this agreement unless the context otherwise requires:

• a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
• these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
• any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
• [except where stated otherwise], any obligation of any person arising from this agreement may be performed by any other person.
• in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
• the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
• a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
• in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, [such cost calculated R 2000 per hour].
• these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
• this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Our contract with you

• This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
• Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
• If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
• [Because we rely on our suppliers, we / We] do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
• The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
• If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
• We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

4. Acceptance of your order

• Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
• At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
• If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
  • accept the alternatives we offer;
  • cancel all or part of your order.

5. Price and payment

• The price payable for the Goods that you order is clearly set out on Our Website.

OR

• It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
• Prices include value added tax (“VAT”).
• [If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.]
• Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.
• [Any information given by us in relation to exchange rates are approximate only and may vary from time to time.]
• If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
• The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
• If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [15] days from the date when we accept that repayment is due.

6. Security of your credit card

We take care to make Our Website safe for you to use.

• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

7. If you buy as a Consumer

This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002.

• As required by the law, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
• You may cancel your order at any time before the expiry of 7 days from the date you receive the Goods, not including the day you received it.
• The option to cancel your order is not available:
  • if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
  • sealed audio or sealed video recordings or sealed computer software, if these become unsealed after delivery;
  • if the Goods become mixed inseparably (according to their nature) with other items after delivery.
• You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
• If the Goods you return, show any sign of damage