Conditions of Use

Title

1.1   These terms and conditions apply to all transactions concluded with you, the customer, when you shop via the Sigma Doors website (“the Website” or “Site”) at www.sigmadoors.co.za and through any other agents or representative of Sigma Doors other than the online store. Please read them carefully before placing your order and print a copy for your future reference.

1.2   By entering the Sigma Doors website on www.sigmadoors.co.za and registering at the online store you accept and agree to be bound by these Terms and Conditions

1.3   These terms and conditions, together with any agreement referred herein shall constitute an agreement between the user of the Sigmadoors.co.za website and/or services and products ( “You”, “User”, “Client” or “Purchaser”) and Sigmadoors.co.za (“SD”, “Sigma Doors” or “Sigmadoors.co.za”).

1.4   These terms and conditions and/or agreement shall supersede any prior or post understanding or agreements, whether oral or written, and may only be modified in writing and signed by both parties.

1.5   These terms and conditions shall be read in conjunction with the Frequently Asked Questions found elsewhere on the website.

1.6   The purchaser acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated and arising from your use of this site. Sigma Doors shall not be liable for any damages of any kind related to your use of this site and as applicable by law.

1.7   Sigmadoors.co.za reserves the right, at any time, to modify, alter, or update these Terms and Conditions.  By accepting our Terms and Conditions, you agree to be bound by such modifications, alterations, or updates.  The information contained in this Site, including but not limited to the rules that govern the use of the Site, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.

1.8   If you do not agree to these terms, you may not use this Site.

2.1        All website design, text, graphics, and the selection and arrangement thereof are Copyrighted by Sigmadoors.co.za, a division of Malaika Projects cc.  All rights reserved, or in the case of product material, all text and graphics are Copyright by the original owner, ALL RIGHTS RESERVED.

2.2        Permission is granted to copy electronically and to print in hard copy portions of this Web site for the sole purpose of using this Web site as an information resource (ie. for ordering goods or services and using this site as a shopping resource).

2.3        Any other use of materials on this Web site-including reproduction for purposes other than noted above, modification, distribution, or reproduction-without the prior written permission of Sigmadoors.co.za is strictly prohibited.

 

3.1        Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised by us at any time prior to our express acceptance of your order (as described below)

3.2        The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell

3.3        An order submitted by you constitutes an offer by you to us to purchase Products on these Conditions and our acceptance of the order shall be confirmed by dispatching the goods and generating a Delivery Note.

3.4        While we make every effort to ensure that Products appearing on the Site are available, we cannot guarantee that all Products are in stock when you submit your order. We may reject your order (without liability) if we are unable to process or fulfil it.

3.5        Sigmadoors.co.za reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer.

3.6        Verification of information may be required prior to the acceptance of any order.

3.7        Prices and availability of products on the Site are subject to change without notice.

3.8        Errors will be corrected when discovered, and Sigmadoors.co.za reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted.

4.1        All products (i.e. windows, doors) and prices are subject to South African trade regulations. Furthermore, This may include the South African government’s Customs and Excise and other legal interpretations issued by relevant authorities.

4.2        SIGMA DOORS reserve the right to amend any prices without any prior notice and at any time and the right to add or withdraw any product at any time.

4.3        All purchases made through the site are considered valid and final.

4.4        Sigma Doors warrants that products sold are in good order at the time of dispatch. In cases that products are received in damaged condition which resulting from factory defects or damaged in transit and such damages are clearly listed by you on the delivery documents and signed for then Sigma Doors will immediately make arrangements to replace them FREE of Charge.

4.5        If online store products become temporarily unavailable (up to 14 Days of receiving an order), SIGMA DOORS shall hold your order until SIGMA DOORS has the product back in stock and will then send the product to the address provided by the purchaser. In the event that a product becomes permanently unavailable (After 14 Days of receiving an order) then SIGMA DOORS will seek to offer you a suitable alternative or give you a full refund.

4.6        The places that we deliver to are listed on the Site. Unless selected and/or otherwise specified, prices quoted are exclusive of the costs of shipping, carriage and/or delivery to any destination.

4.7        You agree to pay for shipping, carriage and/or delivery of Products at a costs specified by us at the point of purchase.

4.8        Payment shall be made by such methods as are indicated on the Site – Credit Card, Direct Bank Deposit and/or Electronic Fund Transfer, PayPal and PayFast (highly respected and secured third-party online payment gateways),prior to delivery (and not by any other means unless we have given our prior agreement).

4.9        Save as expressly provided elsewhere in these Conditions, payment may be taken in full notwithstanding any claim for short delivery or Product defects.

4.10     Where the payment is invoiced, each invoice shall be due on and made in full within thirty (30) days of the date of relevant invoice to that particular Product, provided that if at any time you fail to pay any amount due on the relevant due date, we may by notice declare all amounts unpaid at that date to be immediately due and payable.

4.11     No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against you for the price of Products at any time after payment has become due even though property in those Products may not yet have passed to you.

4.12     Any extension of credit allowed to you may be changed or withdrawn at any time. Interest shall be chargeable on overdue amounts accruing on a daily basis at the maximum amount permitted under applicable law from the due date for payment until our receipt of the full amount (whether before or after judgement).

4.13     To the extent that SIGMA DOORS are permitted by law to limit our liability to you in connection with any order, that liability will not exceed the total price charged for the relevant product(s).

Your order will normally be dispatched within 7 (Seven) working days of placing the order.  While we endeavour to meet such timescales or dates, we do not undertake to dispatch and/or deliver Products by a particular date or dates. Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only.

 

5.1        SIGMA DOORS shall not be liable for any delay that you may suffer in this regard.

5.2        It is therefore recommended that you contact our customer services to ascertain the status of your order.

5.3        SIGMA DOORS are authorised to share your personal information with third parties who are used to fulfil your order or satisfy our obligations to you.

5.4        You should arrange with our customer service representatives a convenient delivery date at the time of placing an order.

5.5        The purchaser shall be responsible for making all necessary arrangements when collecting the order/products.

5.6        If there are other delivery requests or requirements it should be in writing and shall be agreed upon before finalizing your purchase.

5.7        Delivery Charges may vary accordingly please be guided of the prevailing rates that cover your product purchase at the time of placing an order.

5.8        If you fail to take delivery of the goods or fail to give us an adequate delivery instructions on the date agreed for delivery/collection, then we reserve the right to charge you the subsequent holding and delivery charges

5.9        Risk of damage to or loss for the product/s shall pass to you at the time we deliver the goods to your agreed delivery address and after the delivery documents are signed for at the address given.

5.10     It is recommended that you make aware any person who will be accepting the goods to check such goods for any defects before signing the delivery documents.

5.11     You agree that you shall be responsible for such signed documents and will thus have no claim for any liability whatsoever against Sigmadoors.co.za.

5.12     Should there be no person available to accept the delivery of the goods at the address and date provided, you will then accept charges for any subsequent deliveries that Sigma Doors shall have to make.

5.13     It is recommended that you DO NOT schedule your construction work until your whole order is delivered.  All claims for breakage or other damages must be noted on the delivery note at the time of delivery or they will not be honoured.

5.14     Delivery shall be to a valid address submitted by you and subject to our acceptance (“Delivery Address“). You are responsible for checking the Delivery Address on any acknowledgement or acceptance we provide and will notify us without delay of errors or omissions. The costs incurred as a consequence of any changes you make to the delivery address after you submit an order shall be borne by you.

5.15     If you refuse or fail to take delivery of Products tendered in accordance with these Conditions, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies we have (for breach of contract or otherwise):-

5.15.1                We shall be entitled to immediate payment in full for the Products delivered and either to effect delivery by whatever means we consider appropriate or to store Products at your risk;

5.15.2                You shall be liable to pay on demand all costs of such storage and any additional costs incurred as a result of such refusal or failure to take delivery;

5.15.3                We shall be entitled to 30 days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from you.

5.16     Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall pay for the quantity actually delivered.

5.17     Where we deliver Products by instalments, each instalment constitutes a separate contract and any defect in any one or more instalments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent instalment.

5.18     Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.

5.19     In the event that a customer must return product (i.e. windows, doors etc) for ANY REASON it is the responsibility of the customer to schedule and return freight to original shipping location at your own cost.

6.1        You are responsible for checking Products especially doors and windows upon delivery and verifying that they are in satisfactory condition, in accordance with their specification and complete.

6.2        You may return purchased Products in accordance with these Conditions or any applicable Returns Policy referred to on the Site.

6.3        Without prejudice to the applicable Returns Policy, your rights as a consumer set out above or any mandatory applicable laws that cannot be excluded by contract, we shall not be liable and you shall not be entitled to reject the Products, except in relation to:

6.3.1   damage to or loss of the Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) which is notified to us within 5 working days of receipt of the Products;

6.3.2   other defects in the Products (not being defects caused by any act, neglect or default on your part) notified in writing to us within 7 days of receipt of the Products.

6.4        No claims for damage or defects shall arise once products have been installed.

6.5        We shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use or use in any manner inconsistent with the manufacturer’s specifications or instructions.

6.6        In any case where there is a shortage or failure to deliver, or any defect in or damage to a Product, we may at our option:

6.6.1   (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or

6.6.2   in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy:

6.6.2.1              Replace or repair the Product upon you returning the Product; or;

6.6.2.2              Refund the price paid in respect of any Products found to be damaged or defective.

7.1        You represent that all information provided by you when ordering a Product is up-to-date and accurate in all material respects and is sufficient for us to fulfil your Product order. You also represent that you are 18 years or over.

7.2        You are responsible for maintaining and promptly updating your account information with us for accuracy and completeness and keeping such information (and any passwords given to you for the purposes of accessing the Site and/or purchasing Products) secure against unauthorised access.

7.3        Any warranties given in relation to these Conditions only extend to you on the understanding that you are a user and not a reseller of the Products.

7.4        No warranty, commitment or any other obligation should ever be assumed by you on our behalf or a Product manufacturer’s, licensor’s or supplier’s behalf without our express prior written consent.

8.1        You agree to defend, indemnify and hold Sigma Doors and Malaika Projects cc, it’s employees, directors and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’; fees, arising from or related to your use of the site, including, without limitation, your use of this Website in violation of these Terms and Conditions.

9.1        All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Products and you must measure the products first and then make allowance for the openings. These illustrations do not constitute a warranty or representation by us that the Products will conform to the same.

9.2        You will have the benefit of the manufacturer’s, licensor’s or supplier’s warranty with the Products supplied and where applicable, you should refer to the relevant documentation supplied with the Product in this regard. (If applicable, a Returns Policy may also set out procedures applicable to repairs or replacement of defective Products delivered.)

9.3        Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:

9.3.1   Products have been repaired or altered by persons other than the manufacturer, us or any authorised dealer; and/or

9.3.2   defective Product/s have not been returned together with full details in writing of the alleged defects within 14 days from the date on which such Products were delivered; and/or

9.3.3   defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers’ instructions wherever applicable or other directions issued or made available by us in connection with the delivered Products.

10.1      If any licence or consent of any government or other authority is required for the acquisition, carriage or use of the Products by you, you shall obtain such licence or consent at your own expense and if necessary produce evidence to us on demand. Failure to do so shall not entitle you to withhold or delay payment of the price. Any additional expenses or charges incurred by us resulting from such failure shall be met by you.

10.2      Products licensed or sold to you under these Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.

10.3      Items entering your country (if outside South African Borders) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Product reaches your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by you, since we have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.

IN RELATION TO PRODUCTS (OR PARTS OF PRODUCTS) MANUFACTURED OR PRODUCED BY THIRD PARTY MANUFACTURER’S, LICENSORS OR SUPPLIERS, THE TERMS OF ANY SEPARATE THIRD PARTY GUARANTEE OR WARRANTY FOR SUCH PRODUCT (OR RELEVANT PART) SHALL APPLY TO THE LIABILITY LIMITATION SET OUT BELOW (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW).

 

11.1     TO THE MAXIMUM EXTENT LEGALLY PERMITTED, OUR AGGREGATE LIABILITY (WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION (EXCEPT, IF FRAUDULENT) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE DEFECTIVE, DAMAGED OR UNDELIVERED PRODUCTS (DETERMINED BY NET PRICE INVOICED/CHARGED TO YOU) IN RESPECT OF ANY SINGLE OCCURRENCE OR SERIES OF OCCURRENCES. EVEN IF ADVISED OF THE SAME, WE SHALL NOT BE LIABLE FOR ANY:

11.1.1                SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; OR

11.1.2                INABILITY TO MAKE PRODUCT ORDERS OR LOSS OF INCOME, REVENUE, PROFITS, CONTRACTS, DATA, GOODWILL OR SAVINGS.

11.1.3                SUBJECT TO ANY EXPRESS PROVISIONS TO THE CONTRARY SET OUT IN THESE CONDITIONS, ALL TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), IN RELATION TO THE PRODUCTS ARE HEREBY EXCLUDED. WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHETHER RESULTING FROM DEFECTIVE MATERIAL, FAULTY WORKMANSHIP, OR OTHERWISE HOWSOEVER ARISING AND WHETHER OR NOT CAUSED BY OUR (OR OUR EMPLOYEES’ OR AGENTS’ NEGLIGENCE) EXCEPT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR INTENTIONAL TORTS OR GROSS NEGLIGENCE OR OTHER ‘WRONGS’.

11.2     We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.

11.3     These Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us.

11.4     No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers.

11.5     No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.

11.6     If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable law AND/OR in a particular jurisdiction:

11.6.1                these Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and

11.6.2                Where applicable, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.

11.7     Sigma Doors endeavours to maintain the website and its operation, but is not, and cannot be responsible for the results of any defects that may exist in the website or its operation. As to the operation of the website, Sigma Doors expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties or merchantability or fitness for a particular purpose, title and non-infringement. Sigma Doors makes no warranty that (I) The operation of the website will meet the user’s requirements; (II) Access to the website will be uninterrupted, timely, secure, free of viruses or other harmful components, or free of defects or errors; (III) The results that may be obtained from the use of the website will be accurate or reliable; or (IV) Defects will be corrected. “You” (and NOT Sigma Doors) assume the entire cost of all servicing, repair or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting the website.

12.1            The construction validity and performance of these Conditions 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 in the event of legal proceedings arising from any dispute.