E-COMMERCE TERMS AND CONDITIONS
- Introduction
1.1. Our website can be accessed at www.coprox.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Coprox International (Pty) Limited (“Coprox”, “we”, “us” and “our”).
1.2. Our Website Terms and Conditions (“T&C’s”) govern the ordering, sale and delivery of our products (“products”) and the use of our Website.
1.3. Our T&C’s are binding and enforceable against every person that accesses or uses our Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using our Website and by clicking on the “Login”/ ”Register” button on our Website, as may be applicable, you acknowledge that you have read and agree to be bound by these T&C’s.
1.4. Our Website enables you to shop online for Coprox products.
2. Important Notice
2.1. These T&C’s apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“CPA”).
2.2. These T&C’s contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit the risk or liability of Coprox and/or
2.2.2. may create risk or liability for the user and/or
2.2.3. may compel the user to indemnify Coprox and/or
2.2.4. serves as an acknowledgement by the user of a fact.
2.3. Your attention is drawn to these T&C’s because they are important and should be carefully noted.
2.4. If there is any provision in these T&C’s that you do not understand, it is your responsibility to ask Coprox to explain it to you before you accept the T&C’s or continue using our Website.
2.5. Nothing in these T&C’s is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Coprox.
2.6. Coprox permits the use of our Website for you to shop online for Coprox products subject to the T&C’s. By shopping on our Website, you shall be deemed to have accepted all the T&C’s unconditionally. You must not use our Website to shop online if you do not agree to the T&C’s.
2.7. These T&C’s are divided into two sections, as follows:
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- Part A – Orders and Sales
- Part B – General Legal Terms
3. Returns
Please refer to our Returns Policy for more information. The Returns Policy is incorporated by reference (which means that it forms part of these T&C’s).
PART A – ORDERS AND SALES
4. Registration and use of our Website
4.1. Only registered users may order products on our Website.
4.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Coprox. You will need to use your unique username and password to access our Website in order to purchase products.
4.3. You agree and warrant that your username and password shall:
4.3.1. be used for personal use only; and
4.3.2. not be disclosed by you to any third party.
4.4. For security purposes you agree to enter the correct username and password whenever ordering products, failing which you will be denied access.
4.5. You agree that, once the correct username and password relating to your account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these T&C’s.
4.6. You agree to notify Coprox immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4.7. By using our Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use our Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound by these T&C’s and to be liable and responsible for you and all your obligations under these T&C’s.
4.8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of our Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify our Website or the information contained herein, without the prior written consent from an authorised Coprox representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Website).
4.9. You may not use our Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.10. You may not in any way display, publish, copy, print, post or otherwise use our Website and/or the information contained therein without the express prior written consent of an authorised Coprox representative.
5. Conclusion of Sales and Availability of Product
5.1. Coprox may accept or reject orders placed by registered users, Whether or not Coprox accepts an order depends on the availability of the Products, correctness of the information provided by the registered user and receipt of payment or payment authorisation by Coprox for the products ordered by the registered user.
5.2. Orders may not be cancelled after Coprox has received payment for products ordered. After dispatch of your products, you may cancel your order only in accordance with our Returns Policy.
5.3. Placing products in the Shopping Cart without completing the Checkout cycle does not constitute an order for such products, and as such, products may be removed from the Shopping Cart. You cannot hold Coprox liable if products are not available when you Checkout or when you attempt to Checkout at a later stage.
5.4. Coprox will make every effort to ensure the availability of products but cannot guarantee same.
6. Payment
6.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
6.2. Payment can be made for the products via –
6.2.1. PayFast: Where payment is made by debit/credit card we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the payment of the products ordered. If we do not receive authorisation, your order for the products will be cancelled. You warrant that you are fully authorised to use the debit/credit card supplied for purposes of paying for the products. You also warrant that your debit/credit card has sufficient available funds to cover all the costs incurred as a result of the services used on our Website;
6.2.2. Instant Electronic Funds Transfer (“EFT”) Payfast payment;
6.3. You may contact us via email at info@coprox.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
6.4. Once you have selected your payment method and you accept these T&C’s, you will be directed to a secure link to make payment for the products you have ordered.
7. Delivery of Products
7.1. Courier delivery
Coprox will deliver door-to-door via courier within South Africa.
Coprox will deliver the products to you as soon as reasonably possible, but no later than 30 (thirty) days after receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order. If you elect to cancel your order, we will reimburse you for the purchase price.
7.2 Collection
Coprox offers you the option of collecting your online order at either our Head office in Sandton, Johannesburg or our branch in Killarney Gardens, Cape Town.
Coprox will notify you when your order is ready for collection.
8. Errors or Omissions
Coprox will take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on our Website. However, should there be any errors or omissions of whatsoever nature on our Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any errors or omissions, save in the case of any incorrect purchase price, refunding you any overcharge, or otherwise as set out in the Returns Policy.
PART B – GENERAL LEGAL TERMS
- Changes to these T&C’s
9.1. Coprox may, at its sole discretion, change any of these T&C’s at any time. It is your responsibility to regularly check these T&C’s and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on our Website.
9.2. Any such change will only apply to your use of our Website after the change is displayed on our Website. If you use our Website after such amended T&C’s have been displayed on our Website, you will be deemed to have accepted such changes.
- Electronic communications
When you visit our Website or send emails to us, you consent to receiving communications from us, affiliates or partners electronically in accordance with our Privacy Policy as detailed on our Website.
- Ownership and copyright
11.1. The contents of our Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated our Website (“Website Content”) are protected by law including but not limited to copyright and trade mark law. Our Website content is the property of Coprox and/or is licensed to Coprox.
11.2. You will not acquire any right, title or interest in or to our Website or our Website Content.
11.3. Any use, distribution or reproduction of our Website Content is prohibited unless expressly authorised in terms of these T&C’s or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our offices at +27(0)11 579 4300 or email info@coprox.com.
11.4. Where any of our Website Content has been licensed to Coprox or belongs to any third party, your rights of use will also be subject to any T&C’s which that licensor or third party imposes from time to time and you agree to comply with such third party T&C’s.
- Disclaimer
12.1. The use of our Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of our Website or reliance on any information on our Website.
12.2. Whilst Coprox takes reasonable measures to ensure that the Content of our Website is accurate and complete, Coprox makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of our Website or as to the accuracy, completeness or reliability of any information on our Website.
12.3. Coprox disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of our Website and/or any content therein unless otherwise provided by law.
12.4. Although products sold from our Website may, under certain specifically defined circumstances, be under warranty, our Website itself and all information provided on our Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
12.5. In addition to the disclaimers contained elsewhere in these T&C’s, Coprox also makes no warranty or representation, whether express or implied, that the information or files available on our Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Coprox, its employees, agents or authorised representatives. Coprox thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of our Website.
- Linked third party websites
13.1. Our Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These T&C’s do not apply to those Third Party Websites and Coprox is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
13.2. Notwithstanding the fact that our Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
- Limitation of liability
14.1. Coprox cannot be held liable for any inaccurate information published on our Website and/or any incorrect prices displayed on our Website, save where such liability arises from the gross negligence or willful misconduct of Coprox, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@coprox.com or by contacting +27(0)11 579 4300.
14.2. Coprox shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, our website or the content contained in our website; or your inability to use our website, and/or unlawful activity on our website and/or any linked Third Party Website.
14.3. You hereby indemnify Coprox against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of our Website and/or any linked Third Partys’ Website.
- Availability and termination
15.1 We will use reasonable endeavours to maintain the availability of our Website, except during scheduled maintenance periods, and reserve the right to discontinue providing our Website or any part thereof with or without notice to you.
15.2. Coprox may in its sole discretion terminate, suspend and modify our Website, with or without notice to you. You agree that Coprox will not be liable to you in the event that it chooses to suspend, modify or terminate its Website other than for processing any orders made by you prior to such time and to the extent possible.
15.3. If you fail to comply with your obligations under these T&C’s, including any incident involving payment of the price of an order for any Products, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to our Website without any prejudice to any claims for damages or otherwise that we may have against you.
- Governing law and jurisdiction
16.1. These T&C’s and our relationship and/or any dispute arising from or in connection with these T&C’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of our Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these T&C’s.
16.2. In the event of any dispute arising between you and Coprox, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg, Gauteng) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
16.3. Nothing in this clause 17 or the T&C’s limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- Notices
17.1. Coprox hereby elects 48 Galaxy Avenue, Linbro Business Park, Sandton 2090 as its address for the service of all formal notices and legal processes in connection with these T&C’s. Coprox may change this address from time to time by updating these T&C’s.
17.2. You hereby select the address specified on the Products order form as your nominated address, but you may change it to any other physical address by giving Coprox no less than 7 (seven) days notice in writing.
17.3. Notices must be sent either by hand, courier or email and must be in English. All notices sent –
17.3.1. by hand will be deemed to have been received on the date of delivery;
17.3.2. by courier, will be deemed to have been received on the date of delivery;
17.3.4. by email will be deemed to have been received on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
- Coprox information
For the purposes of the Electronic Communications And Transactions Act, 2002 (“ECT”), Coprox’s information is as follows, which should be read in conjunction with its product descriptions and other T&C’s contained on our Website:
18.1. Full name: Coprox International (Pty) Limited, a private company registered in South Africa with registration number 2003/02220/07.
18.2. Main business: Manufacturers of Cement Waterproofing and Decorative Coatings.
18.3. Physical address for receipt of legal service: 48 Galaxy Avenue, Linbro Business Park, Sandton, 2090 (marked for attention: CEO and Legal)
18.4. Phone number: +27(0)11 579 4300
18.5. email : info@coprox.com
- General
19.1. Coprox may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of our Website or your right to use our Website or any of its contents subject to us processing any orders then already made by you.
19.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these T&C’s to any third party.
19.3. Any failure on the part of you or Coprox to enforce any right in terms hereof shall not constitute a waiver of that right.
19.4. If any term or condition contained herein is declared invalid, the remaining T&C’s will remain in full force and effect.
19.5 These T&C’s contain the whole agreement between you and Coprox.