Sale of Goods
These Terms and Conditions of Sale govern the sale of products ("Goods") by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed at http://www.communica.co.za/TermsAndConditions. Once you tick the box labelled "I accept", these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. You may contact us via email at firstname.lastname@example.org to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.
Payment can be made via the Website by Credit Card Only
Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Cancellation & Refunds
You are entitled to cancel your order for the Goods without penalty within seven days of the Goods having been delivered to you. In such an event, you will receive a full refund of the purchase price within thirty days of the date of cancelling this agreement. You undertake not to utilise the Goods, your agreement of purchase will be deemed to have been cancelled, and you will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping charges. Please note that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods have been removed from their original packaging or fall into the category of Hobby Kits, perishable, newspapers, periodicals, magazines and books or where goods are made to your specifications or are clearly personalised.
The Company will deliver the Goods to you as soon as reasonably possible, but no later than thirty days of receipt of your payment ("Delivery Period"). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within seven days of receiving such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within thirty days of having informed you that we are not able to deliver the Goods during the Delivery Period.
Return of Goods
Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported within twenty four hours after the product having been delivered to you and must be returned to us within a period of one month after delivery. If the Goods are not the same as what was ordered this must be reported within twenty four hours of delivery. Any damage must also be immediately reported within twenty four hours of delivery. If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us or ask you to return the item to our Registered Address, dependent on your original order's shipping method. Should you need to post the Goods to us please only send it to our postal address: PO Box 2750, The Reeds 0158, Centurion Pretoria, South Africa and you will be credited or refunded for the postage costs incurred up to a maximum of whatever the current Company Postal Delivery rate is for "PO Box Delivery to Main Centres" or "PO Box Delivery to Regional Centers" as is appropriate to your location. If you are returning Goods via courier or post office please package it carefully so that it does not become damaged en-route. Please include the Returns Request Number and a copy of your original invoice with any return.
- If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within fourteen days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the Defaulting Party, without prejudice to its right to recover:
- - any amounts that may be due to it in terms of this agreement; and
- - any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
Governing Law and Jurisdiction
Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.
The Company hereby selects 53 Landmarks Avenue, Samrand, Centurion Pretoria, South Africa as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions of Sale ("domicilium"). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than seven days' notice in writing to the other party. Notices must be sent either by hand or prepaid registered post, telefax or email and must be in English.
- All notices sent
- - by hand will be deemed to have been received on the date of delivery;
- - by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- - by telefax before 16h00 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h00 or on a day which is not a business day will be deemed to have been received on the following business day; and
- - by email will be deemed to have been on the date indicated in the "Read Receipt" notification. All email communications between you and the Company must make use of the "Read Receipt" function to serve as proof that an email has been received.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions of Sale to any third party. Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show grant or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions of Sale, read together with the
Terms and Conditions
of Use of the Website and our
contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.