Terms & Conditions
All references to "the Company", "we", "us" and "our" in these terms and conditions are deemed to refer to Philtron (Pty) Ltd, registration number 1974/004774/07, a limited liability private company incorporated in the Republic of South Africa and having its registered address at 65 Francis Baard Street, Pretoria, 0002, South Africa.
All references to "you" and "your" are deemed to refer to any user and/or visitor of www.philtron.co.za ("Website").
These terms and conditions ("Terms and Conditions") govern your use of the Website.
Acceptance of Terms
The Company permits the use of this Website subject to the Terms and Conditions ("Terms and Conditions"). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Use of the Website
You may only use the Website if you are eighteen years of age or older. If you are under eighteen years of age, you may use the Website only with the involvement of your parent or legal guardian.
You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorized Company representative.
Ownership and Copyright
The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by the Company or the respective copyright holders. No license to or right in any of such content is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site, contact our Website Manager at +27 (12) 326 9644 or email info@philtron.co.za
Disclaimer
Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at their own risk. While the Company takes reasonable measures to ensure that the content of this Website is accurate and complete, the Company reserves the right to make changes to the content of the website at any time and makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. All information provided on this 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. The Company does not accept any responsibility for any errors or omissions on this Website. In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardies the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Linked Third Party Websites
This Website may contain links or references to other websites ("Third Party Websites") outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites. Notwithstanding the fact that this 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.
Payment
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.
Privacy
We take the security of your payment and personal information seriously. All personal information that you provide to us is subject to our Privacy Policy. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorized access by third parties. Accordingly, we will not be liable for any loss or damages arising from third parties' unauthorized access of your data.
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 utilize 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. Contact details are via email: sales@philtron.co.za or Telephone: +27 12 326 9644
Delivery
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.
We DO Free Deliveries Nationwide for orders exceeding R5,000.00, and for orders below R5000,00:
Flat rate of R350.00 for orders equal or exceeding 10 kg in weight
Flat rate of R 100.00 for orders below 10kg in weight
Instore Collections: Free
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 send it back to us or ask you to return the item to our Registered Address 65 Francis Baard Street, Pretoria, 0002, dependent on your original order's shipping method. If you are returning Goods via courier 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.
Breach
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.
Notices
The Company hereby selects 65 Francis Baard Street, Pretoria Central, 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.
General
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.
