Terms & Conditions

K PARKER JOINERY CC TERMS & CONDITIONS

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SELLERS SERVICE.

THE BUYER ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THESE TERMS AND CONDITIONS SET OUT BELOW.

THE SELLER SHALL DEEM THAT THE BUYER ACCEPTS THE TERMS AND CONDITIONS SET OUT BELOW AND ACCEPTS THEM AS BINDING WHEN PLACING AN ORDER FOR GOODS AND/OR SPECIAL ORDER GOODS WITH THE SELLER ON THE WEBSITE OR ANY OTHER MEANS.

1. INTRODUCTION

1.1. The Buyer can access the Sellers Website at www.kparkerjoinery.co.za (the”Website”) which is owned and operated by the Seller (“K.Parker Joinery CC”).

1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, Special Order Goods and the use of the Website.

1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses

this Website (“Buyer”) to places an order with the Seller, including without limitation each Buyer who registers as contemplated below (“create an account”). Accordingly, by using the Website and by clicking on the “create an account” button on the Website, as may be applicable, the Buyer acknowledges that he/she has read and agree to be bound by these Terms and Conditions.

1.4. The Website enables the Buyer to shop online for an extensive range of goods, including windows, doors, wooden Sealer, Wooden Mouldings and more “Goods” as well as “Special Order Goods”.

1.5. The Seller sells Goods as well as Special Order Goods on the Website. Therefore, specific terms in these Terms and Conditions only apply to Goods purchased from the Seller and others only apply to Special Order Goods purchases from Seller as well as Third Party services. This will be made clear in the relevant clauses below.

The Consumer Protection Act may apply to a transaction between the Seller and the Buyer where the Buyer is an individual or is a juristic person (like a company, close corporation, Trust or partnership) with either an asset value or annual turnover of less than R2 million at the of the transaction.

2. IMPORTANT NOTICE

2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

2.2.1. may limit the risk or liability of the Seller or a third party; and/or

2.2.2. may create risk or liability for the Buyer; and/or

2.2.3. may compel the user to indemnify the Seller or a third party; and/or

2.2.4. serves as an acknowledgement, by the Buyer, of a fact.

2.3. The Buyer’s attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that the Buyer does not understand, the Buyer’s responsibility is to ask the Seller to explain it to them before he/she accepts the Terms and Conditions or continues to place their order. If the Buyer is unfamiliar with the conditions applicable to all contracts for the sale of Goods, please pay particular attention to clause 3 below, which describes the nature, functionality, usage rights and delivery of Goods.

2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the Buyer or the Seller in terms of the CPA.

2.6. The Seller permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, the Buyer shall be deemed to have accepted all the Terms and Conditions unconditionally. The Buyer must not use this Website if he/she does not agree to the Terms and Conditions.

3. DEFINITIONS

3.1. The “Seller” means K.Parker Joinery CC, a private company registered in South Africa with registration number: 1997/033404/23;

3.2. The “Buyer” means the person, firm or company who places an order with the Seller for the purchase and/or supply of Goods;

3.3. The “Goods” means the Products supplied by the Seller which are the subject of an order placed by the Buyer with the Seller;

3.4. The “Special Order Goods” means goods supplied that are non-standard size, custom made, where size alterations are required, or where design alterations have been performed to the Goods according to the Buyers specifications.

3.5. The “Third Party” means the appointed service provider that the Seller will appoint to instal the Goods and/or Special Order Goods as well as to courier the Goods and/or Special Order Goods to the Buyer

3.6. The “Product” means Goods and/or Special Order Goods supplied by the Seller.

4. CREATE AN ACCOUNT AND USE OF THE WEBSITE

4.1. Only once the Buyer has created an account may the Buyer order Goods on the Website.

4.2. To create an Account, the Buyer will need to provide certain information and personal details to the Seller, including but not limited to his/her first name, last name and valid e-mail address.

4.3. The Buyer agrees that, once an account has been created, he/she will be liable for payment of such order, irrespective of whether the use of the created account is unauthorised or fraudulent, the Buyer will be responsible and liable for payment of any resulting order, save where the Buyer cancels the order in accordance with these Terms and Conditions.

4.4. The Buyer agrees to notify the Seller immediately upon becoming aware of or reasonably suspecting any unauthorised use of your account and to take steps to mitigate any resultant loss or harm.

4.5. By using the Website, the Buyer warrants that they are 18 (eighteen) years of age or older and of full legal capacity. If the Buyer is under the age of 18 (eighteen) or if the Buyer is not legally permitted to enter into a binding agreement, then the Buyer may use the Website only with the involvement and supervision of his/her parent or legal guardian. If the Buyer’s parent or legal guardian supervises the Buyer and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for all your obligations under these Terms and Conditions.

4.6. The Buyer agrees that they will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, the Buyer agrees that they will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Seller representative (such consent is deemed to be given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

4.7. The Buyer may not use the Website to distribute material that is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.8. The Buyer may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Seller’s representative.

5. CONDITIONS APPLICABLE TO ALL CONTRACTS FOR THE PURCHASE OF GOODS AND/ OR SPECIAL ORDER GOODS

5.1. Buyers may place orders for Goods and/ or Special Order Goods, once they have created an account which the Seller may accept or reject. Whether or not the Seller accepts an order depends on the availability of Goods and/or Special Order Goods, the correctness of the information relating to the of Goods and/or Special Order Goods (including without limitation the price) and receipt of payment or payment authorisation by the Seller for the Goods and/or Special Order Goods.

5.2. NOTE: The Seller will indicate the acceptance of your order by delivering the Goods and/or Special Order Goods to the Buyer or allowing the Buyer to collect them, and only at that point will an agreement of sale between the Buyer and Seller come into effect (the “Sale”). This is regardless of any communication from the Seller stating that the Buyer’s order or payment has been confirmed. The Seller will indicate the rejection of the Buyer’s order (by the Seller) by cancelling it and, as soon as possible thereafter, refunding the Buyer for any amount already paid.

5.3. Prior to delivery or your collection of the Goods, the Buyer may cancel an order at any time provided the Buyer does so before receiving a dispatch or delivery notice. The Buyer must ensure that the Seller receives the Buyer’s cancellation request in writing. The Seller has to acknowledge the Buyer cancellation request for the Seller to process the Buyer’s cancellation. The Seller will be entitled to impose a reasonable charge for the cancellation of that order, which will be deducted from the purchase price held by the Seller and the balance will be refunded to the Buyer, in terms of the Refunds Policy in clause 13 below.

5.4. The Seller reserves the right to refuse to accept such cancellation or variation or accept cancellation or variation only subject to such conditions according to the Returns Policy in clause 13 below.

5.5. The Buyer shall not be entitled to cancel any order for Special Order Goods without the written consent of the Seller.

5.6. Any order for Goods as illustrated on the Website, has all drawings, illustrations, performance data and other details in the Seller’s catalogues, sales or promotional literature or elsewhere are included as a guide only. While the Seller has provided these in good faith, they shall not be bound to these specifications. The Seller reserves the right to change specifications without prior notice at its absolute discretion.

5.7. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. The Buyer cannot hold the Seller liable if such Goods are not available or are not available at the particular price when he/she completes or attempt to complete the purchase cycle at a later stage.

5.8. The Buyer acknowledge that the stock of all Goods on offer is limited and that pricing may change at any time without notice to you. The Seller will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, the Seller cannot guarantee the availability of stock. When Goods are no longer available after the Buyer has placed an order, the Seller will notify the Buyer, and the Buyer will be entitled to a refund of any amount already paid by the Buyer for such Goods.

5.9. The Buyer may not purchase the Goods for resale. However, should the Seller suspect that any such Goods are being purchased for sale, the Seller is entitled to cancel your order immediately on notice to you.

5.10. The Buyer agrees that the Seller may deliver the Goods and/or Special Order Good in instalments if the Seller suffers a shortage of stock or other genuine and fair reason, the Buyer will not be liable for extra delivery charges.

6. GOODS

6.1. The Goods will be of satisfactory quality.

6.2. The Goods will be reasonably fit for any particular purpose for which the Buyer is buying the Goods.

6.3. The description of the Goods is as set out on the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be minor discrepancies in the size and colour of the Goods supplied.

6.4. The Seller’s calculations, estimates and drawings are a guide only and do not replace that of a competent person. All designs, estimates and/or calculations must be approved by a Competent Person and conform to SANS 10137, SANS 10400 Part N, SANS10400XA, SANS204 and SANS 1263.

6.5. All Goods which appear on the Website are subject to availability.

6.6. The Seller can make changes to the Goods which are necessary to comply with any applicable law or safety requirements.

7. SPECIAL ORDER GOODS

7.1. In the case of any Goods made to your special requirements. It is the Buyer’s responsibility and obligation to ensure that any information or specification provided to the Seller is accurate and correct.

8. ERRORS

8.1. The Seller shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), the Seller shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding the Buyer for any amount already paid, or otherwise as set out in the Returns Policy below.

8.2. The Seller shall not be bound by any incorrect information regarding their Goods displayed on the websites.

8.3. The Buyer will ensure that the correct Goods are Purchased for its specific application has been ordered and that the information supplied to the Seller is accurate.

9. PRICE

9.1. The price of the Goods and/or Special Order Goods listed on the Website exclude the delivery charge payable should the Buyer select that option when purchasing the Goods and/or Special Order Goods.

9.2. The Purchase Price for the Goods and/or Special Order Goods are subject to an additional delivery fee and/or other charges is that set out on the Website or in these terms and conditions at the date of the order or such other price as may be agreed to in writing between the Seller and the Buyer.

9.3. The Prices and charges EXCLUDE VAT at the rate applicable at the time of the order.

9.4. If the Buyer requests any variation to the Goods ordered, any extra cost arising from such variation shall be payable by the Buyer.

9.5. Unless otherwise specified, the prices quoted on the Website include the Seller’s and/or suppliers standard non-returnable packaging. It is the Buyer’s responsibility to dispose of all packaging after delivery at the Buyers own cost.

9.6. It must be NOTED that ANY TIME BEFORE DELIVERY HAS BEEN COMPLETED, THE SELLER SHALL BE ENTITLED TO VARY THE PRICE of the Goods and/or Special Order Goods based on all or any of the following factors: –

9.6.1. Where Goods are imported, any variation of currency exchange rates or special taxes or charges imposed by any government will be added to the Purchase Price;

9.6.2. Increased costs resulting from the prohibition or other actions of any government will be added to the Purchase Price;

9.6.2.1. Increased labour costs;

9.6.2.2. Increased material costs;

9.6.2.3. Increased transport costs;

9.6.2.4. Implementing any request of the Buyer for expedited despatch or changes in delivery, schedules, completion dates, quantities, designs or specifications; and

9.6.2.5. Delays caused by the Buyer’s instruction or by the failure of the Buyer to give adequate instructions or information.

10. PAYMENT

10.1. The Seller is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

10.2. Whether the Goods are for sale by the Seller, payment may be made for Goods and/ Special Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –

10.2.1. debit card; where payment is made by debit card, The Seller may require additional information in order to authorise and/or verify the validity of payment. In such cases, the Seller is entitled to withhold delivery until such time as the additional information is received by them and authorisation is obtained by the Seller for the amounts. If the Seller does not receive authorisation, the Buyer’s order for the Goods and/or Special Order Goods will be cancelled. The Buyer warrant that he/she is fully authorised to use the debit card supplied for purposes of paying the Goods and/or Special Order Goods. The Buyer also warrants that his/her debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

10.2.2. credit card: where payment is made by credit card, the Seller may require additional information in order to authorise and/or verify the validity of payment. In such cases, the Seller is entitled to withhold delivery until the Seller obtains the additional information received by the Seller and authorisation for the amounts. If the Seller does not receive authorisation, your order for the Goods and/or Special Order Goods will be cancelled. The Buyer warrant that they are fully authorised to use the credit card supplied for purposes of paying for the Goods. The Buyer also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

10.2.3. direct bank deposit or electronic funds transfer: if the Buyer pays via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing their order. The Seller will not accept the Buyer’s order if payment has not been received; and

10.2.4. Instant EFT.

10.3. The Buyer may contact the Seller directly to obtain a full record of your payment. The Seller will also send the Buyer e-mail communications about your order and payment.

10.4. Once the Buyer has selected their preferred payment method (save for direct bank deposit), the Buyer will be directed to a link to a secure site for payment of the applicable purchase price for the Goods and/ or Special Order Goods.

10.5. In default of payment on the Seller, the Seller shall at its own discretion (without prejudice to its right to treat the contract as repudiated and claim damages) be entitled to withhold despatch of the Goods and/or Special Order Goods or any of them until all monies owing to the Seller has been paid in full.

11. DELIVERY OF GOODS AND/OR SPECIAL GOODS

11.1. The Seller warrants that when the Goods and /or Special Order Goods have been dispatched from the Seller’s premises, they are deemed to be in good working order.

11.2. The Seller takes no responsibility for any shortage or damage occurring to the Goods and/or Special Order Goods in transit unless: –

11.2.1. When the Goods are collected from the Seller, the Buyer has 24 HOURS to report to kelly@kparkerjoinery.co.za of the shortage or damage, as set out in the Returns Policy below;

11.2.2. When the Seller’s appointed Courier delivers the Goods, the Buyer has to inform the Driver and in 24 HOURS report to kelly@kparkerjoinery.co.za of the shortage or damage, as set out in the Returns Policy below.

11.3. The Seller offers 2 (two) methods of delivery of Goods and/or Special Goods to the Buyer. The Buyer may elect delivery via:

11.3.1. Courier – The Seller will deliver directly to the Buyer’s home or office, anywhere in South Africa. All delivery and tracking details are supplied to the Buyer at checkout; or

11.3.2. self-collection – The Buyer will collect the Goods and/or Special Order Goods from the Seller situated at 44 12th Road, Kew, Sandton, 2090.

11.4. Should the Buyer select the courier option. The Buyer will be charged an additional delivery charge.

11.5. The Buyer will select the delivery address when making payment to the Seller.

11.6. The Seller shall determine the route and method of carriage and any special delivery requirements of the Buyer shall be subject to an additional charge.

11.7. The Sellers delivery charges are subject to change at any time, without prior notice to the Buyer. The Buyer will see the applicable delivery charges in his/her cart when the Buyer checks out.

11.8. Where the Seller accepts the Buyers order, the Seller will deliver the Goods and/or Special Order Goods to the Buyer as soon as reasonably possible. The Seller estimates that delivery shall be within 30 (thirty) business days of receipt of your payment (“Delivery Period”). The Seller will notify the Buyer if they are unable to deliver the Goods during the Delivery Period. The Buyer may then, within 30 (thirty) business days of receiving such notification, elect whether or not to cancel your order for the Goods. If the Buyer chooses to cancel his/her order, a reasonable charge for the cancellation of that order will be deducted from the purchase price held by the Seller and the balance will be refunded to the Buyer.

11.9. The Delivery Period will commence once the Buyers payment has been authorised and received in full. For credit cards, this means that once the bank gives the Seller an authorisation code. For Internet transfers, this means once the funds reflect in the Sellers bank account.

11.10. The Seller shall not be liable in any way for a delay in delivery from any cause whatsoever and howsoever arising, nor shall such delay entitle the Buyer to reject the Goods or treat the contract as repudiated or render the Seller liable for damages in any way.

11.11. If the Buyer is not able to be present at the Delivery Address to accept delivery of the Goods and/ or Special Order Goods, it is the Buyer’s responsibility to arrange for someone else to accept the delivery at such address and pay for the order on your behalf if payment has not yet been made. Neither the Courier of the Seller is responsible for any loss after the Courier has delivered the Goods and/ or Special Order Goods to the Delivery Address.

11.12. Delivery of the Goods and/ or Special Order Goods will be to the nearest point to the site on the road at the address provided by the Buyer. The courier Driver will solely decide where the nearest drop off point will be.

11.13. Delivery of Goods and/or Special Order Goods shall be between 08:00 to 17:00 Monday to Friday. The Seller will inform the Buyer of the delivery date and estimated time of delivery. The Driver will contact the Buyer directly when they are outside the Buyers nominated address and wait for 20 minutes to effect delivery. In the event that the Buyer cannot accept delivery during those 20 minutes, the Driver will return the items to the Seller and secondary delivery arrangements will be made whereby the Buyer will be liable for a second delivery charge.

11.14. The Courier will endeavour to deliver the Goods and/or Special Order Goods to the Buyer by the estimated delivery time specified in the Acceptance Notice. However, delivery times are not guaranteed and may be adjusted by the Seller at their sole discretion. In addition, events outside of the Courier’s control such as traffic, inclement weather conditions and unforeseen delays may result in a delay of the delivery of the Goods and/or Special Order Goods. However, the Courier will continue with its efforts to deliver the Goods and/or Special Order Goods to the Buyer as soon as possible in the circumstances.

11.15. The Buyer’s duty to inform the Seller of the detailed delivery requirements in advance, to provide due to warning and notice of any changes in such requirements, and to provide the necessary labour and equipment to unload the vehicle without delay.

11.16. The Seller reserves the right to charge an additional charge for loading or off-loading the Goods and/or Special Order Goods to the Delivery address, should the need arise.

11.17. The Seller shall have the right to despatch any portion of the Goods covered by the contract separately and to invoice the Buyer for the delivery of each portion(s) of the order despatched on the same terms and conditions as are contained herein.

11.18. The Seller’s obligation to deliver a Product to the Buyer is fulfilled when the Seller delivers the Product to the physical address nominated by the Buyer for delivery of the order. Therefore, the Seller is not responsible for any loss or unauthorised use of a Product after delivering the Product to the physical address nominated by you.

11.19. Delivery of the Goods and/or Special Order Goods by the Seller to the Buyer may take place at the Seller’s premises or any other premises agreed by the parties. The Seller will be entitled, and the Buyer authorises the Seller, to deliver the Goods to any employee, agent or representative of the Buyer. Unless agreed to otherwise by the Seller in writing, any delivery of the Goods and/or Special Order Goods to the Buyer outside of the Seller’s premises shall be at the Buyer’s own risk and must not be relied upon by the Buyer.

12. NON-ACCEPTANCE BY BUYER

12.1. If for any reason what so ever the Buyer default in

the collection of the Goods and/or Special order Goods from the Seller’s or for any reason or should the Buyer fail to accept delivery of the Goods and/or Special Order Goods to the address provided, then: –

12.1.1. The Buyer shall pay the Seller a storage charge in respect of any of the Goods and/or Special Order Goods Buyer which have not been collected or delivered together with the cost of any additional handling and delivery costs incurred. In the event that such storage by the Seller shall continue for a period exceeding six weeks, the Seller may (without prejudice to any other rights which may have accrued) treat the contract as repudiated.

12.1.2. During the period of any storage of the Goods or any of them by the Seller as contemplated by sub-clause above, such goods shall be at the risk of the Buyer.

12.1.3. If the Buyer or your nominee fails, through no fault of the Seller, to deliver the Goods at the Delivery Location, the Seller may charge the reasonable costs of storing the Goods and/or Special Order Gods and redelivering them.

12.1.4. NOTE: The Buyer shall not be entitled to a refund for Special Order Goods and will be subject to the charges set out herein.

12.1.5. NOTE: The Buyer shall only be entitled to a partial refund, as charges will apply as set out herein.

13. RETURN POLICY

13.1. This Policy does NOT APPLY TO SPECIAL ORDER GOODS, RECONDITIONED PRODUCTS OR USED PRODUCTS, and this is indicated in the relevant sections below.

13.2. The Buyer will only be able to return the Goods purchased if they were damaged during the delivery process.

13.3. The Buyer will inform the Seller that the delivered item received is damaged and the Buyer will have to illustrate the damage to the Diver, who will make notes of the damage on the Delivery Note. Should the Buyer fail to inform the Driver of the damage, it shall be deemed that the items were received in perfect working condition.

13.4. The Buyer will, within 24 Hours of receiving the Goods, send an e-mail to kelly@kparkerjoinery.co.za, who will confirm the damage listed on the Delivery Note and make necessary arrangements to inspect the Product validated the Buyers return. Should it be deemed by the Seller that it is a valid return, the item purchased shall be collected and replaced at no additional cost to the Buyer.

13.5. Should the Buyer FAIL TO notify the Seller IN WRITING WITHIN THE 24 HOURS OF DELIVERY, any further CLAIMS WILL BE NULL AND VOID.

14. DEFECTIVE PRODUCTS

14.1. The Seller will do their best to ensure that the goods they deliver to the Buyer are of a high quality, and in good working order and without defects.

14.2. What is a defect? A defect is a material imperfection in the manufacture of a Product or any characteristic of a Product, which makes the Product less acceptable than one would reasonably be entitled to expect in the circumstances.

14.3. Risk of damage to, or loss of, any Goods will pass to the Buyer when the Goods are delivered to him/her.

14.4. The following will NOT be regarded as defects and will not entitle the Buyer to a return under this section

14.4.1. faults resulting from normal wear and tear;

14.4.2. damage arising from negligence, user abuse or incorrect usage of the Product;

14.4.3. damage arising from electrical surges or sea air corrosion;

14.4.4. damage arising from a failure to care for the Product adequately;

14.4.5. where the specifications of a Product, although accurately described on the Website and generally fit for its intended purpose, do not suit the Buyers taste.

14.4.6. damage arising from incorrect hardware;

14.4.7. damage arising from dark stains used externally

14.4.8. damage arising from acts of God (Force Majeure Event) means occurrences beyond the control of the affected party, including, but not limited to, decrees or restraints of Government, acts of God, strikes, work stoppage or other labour disturbances, war or sabotage. (Please see the Force Majeure Events clause below)

14.4.9. damage arising from abuse of the Goods and/or Special Order Goods

14.4.10. damage arising from improper storage and installation of the Goods and/or Special Order Goods;

14.4.11. damage arising from unauthorised alteration of the Goods and/or Special Order Goods;

14.4.12. damage arising from the incorrect treatment of the Goods and/or Special Order Goods

14.4.13. damage arising from outside its intended purpose of the Goods and/or Special Order Goods

14.4.14. damage arising from warpage within 3mm/m of the Goods and/or Special Order Goods

15. FORCE MAJEURE

15.1. Should any event occur beyond the control of the Seller at their premises or elsewhere such as by way of example industrial action or dispute (including strike or lockout) shortage of materials, an act of God, war, fire, flood, drought or breakdown of machinery, as a result of which the performance of this contract is prevented or delayed: –

15.1.1. Without prejudice to its rights in the event of a breach of contract by the Buyer, the Seller reserves the right to cancel delivery or other performance of the Seller’s obligations under any contract in whole or in part and in the event of the Seller exercising such right, the Seller’s liability shall be limited to the repayment to the Buyer (without interest) of any part of the purchase or contract price already received by the Seller and attributed to any unfulfilled and cancelled part of the contract less any expenses and charges incurred by the Seller down to the date of cancellation in part performance of the contract;

15.1.2. If such prevention or delay continues for 60 days, the Buyer may elect either to cancel the contract or to allow the order to remain on the books of the Seller and to be completed at some later date at an adjusted price to be determined by the Seller.

16. WARRANTY

16.1. All Products are warranted to be free of defects in material and workmanship.

16.2. If the Buyer has received a Product that turns out to be defective, please notify the Seller in writing immediately as soon as the Buyer becomes aware of the defect.

16.2.1. All Wooden items – 5 years,

16.2.2. All Ironmongery and hardware items – 1 year

16.2.3. All Glass items – 10 years

16.3. The Seller cannot facilitate returns that fall outside of the aforementioned time periods.

16.4. The Buyer will inform the Seller of the alleged defect in writing via e-mail to kelly@kparkerjoinery.co.za. The Seller will make arrangements with the Buyer to arrange to collect and/or inspect the Good and/or Special Order Good at no charge to the Buyer once the Seller has examined the Good and/or Custom order Good and validated the defect. At their sole discretion, the Seller shall either repair the Good and/or Special Order Goods or replace the Good and/or Special Order Goods.

16.5. The Good and/or Special Order Goods supplied by the Seller in replacement of the defective Good and/or Special Order Goods shall be WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD.

16.6. The Good and/or Special Order Goods that need to be returned due to defaults must be ready for collection by the Seller’s transporters no later than 3 days after informing the Seller otherwise of the defect. Should the Good and/or Special Order Goods not be ready for collection, the item shall no longer be accepted for repair and/or replacement.

17. GLAZING

17.1. NOTE that All Glazing offered by the Seller on Goods and/or Special Order Goods is in accordance with the requirements of the National Building Regulations.

18. CHARGES

18.1. If the Buyer returns a defective Product to the Seller, but he/she fails to return all of the accessories and parts that were sold with that Good, the Seller is entitled to (subject to applicable law) refuse the return, or only to replace the item that the Buyer did return.

18.2. If the Buyer returns a Good that does not comply with this Policy, the Buyer may be liable to reimburse the Seller for the cost of collecting the Product from the Buyer and the cost of having the Product returned to the Buyer.

18.3. Transport charges for Goods returned for the replacement under the manufactures warranty shall be borne by the manufacturer if the Product has failed due to factory defaults.

18.4. Items returned without original packaging materials may be subject to A REASONABLE SURCHARGES OF UP TO 15% OF THE PURCHASE PRICE;

18.5. The Goods returned must be adequately packaged in the original packaging and be in as-new condition. Where original packaging was discarded, it shall be the Buyer’s responsibility to ensure the item is packaged adequately to avoid damage in transit. The Sellers contracted third-party couriers do not offer packaging services and MAY REFUSE TO ACCEPT PRODUCTS WITHOUT ADEQUATE PACKAGING. The Buyer WILL BE LIABLE for the SECONDARY TRANSPORT COSTS, as it was due to the Buyers lack of packaging resulting in the non-collection of the Goods. In the event where the Seller’s transporters collect an item not packaged properly, or when they assisted the Buyer with packaging, this SHALL BE DONE AT THE BUYER’S OWN RISK.

19. CREDIT BUYERS ACCOUNT OR REFUNDS

19.1. Under no circumstances will a credit of the Buyers account or refund be considered for Special Order Goods.

19.2. The Seller will only consider a credit of the Buyers account or refund based on the following circumstances:

19.2.1. If the Buyer cancels the order before the Goods are scheduled for delivery, the Seller shall credit your account with the Purchase Price within 10 Business Days of your cancellation or alternately refund the Buyer the Purchase Price if that is his/her preference. THE BUYER SHALL BE LIABLE FOR THE DELIVERY CHARGE IF THE CANCELLATION IS NOT DONE BEFORE THE CONFIRMATION OF THE DELIVERY DATE

19.2.2. If the Seller accidentally delivers the incorrect Goods to the Buyer. The Buyer must inform the Seller via e-mail to kelly@kparkerjoinery.co.za within 24 HOURS OF DELIVERY that the incorrect Goods were delivered. The Seller will collect the Goods from the Buyer at no charge. If the Goods are missing any accessories or parts, the Seller is entitled to (subject to applicable law) refuse the return, or only to estimate the value of the missing accessories and parts and to credit the Buyer’s account or refund the Buyer in respect of the returned item only. It should be NOTED that this will be done only after the Seller has inspected the Good and validated the Buyers return. The Seller will at the Buyers choice deliver the correct Goods to the Buyer as soon as possible (if the correct Goods are available), OR CREDIT THE BUYERS ACCOUNT WITH THE PURCHASE PRICE OF THE GOODS LESS THE ESTIMATED VALUE OF THE ACCESSORIES AND THE CHARGES LISTED HEREIN WITHIN 10 BUSINESS DAYS OF THE RETURN.

19.2.3. The Buyer must inform the Seller via e-mail to kelly@kparkerjoinery.co.za within 24 HOURS OF DELIVERY that he/she no longer wants the Goods. The Seller will make the necessary arrangements to inspected the Goods and validated the Buyers return in terms of the conditions listed in this clause. THE SELLER WILL CREDIT THE BUYERS ACCOUNT WITH THE PURCHASE PRICE OF THE GOODS LESS THE CHARGES LISTED HEREIN WITHIN 10 BUSINESS DAYS OF THE RETURN.

19.2.4. Where the Seller has determined deductions or surcharges to be deducted from the refund, such amounts shall be communicated to the Buyer with the final refund amount payable to the Buyer, which will be processed for payment within 10 business days of the return.

19.2.5. Please note that the Seller will only refund to the payment method that the Buyer used initially – i.e. payment by credit card will be refunded to the same credit card, payment by Instant EFT will be refunded to your nominated bank account once the Seller receives the Buyers bank account confirmation letter that must be delivered to the Seller by hand.

19.2.6. Once the Buyer’s refund request has been processed. Funds may take 3–5 business days to reflect in the Buyers account and are subject to your bank’s processing times.