1.1 The juristic person is P3 Design (Pty) Ltd (t/a “PETERSEN'S”) Registration number: 2006/012596/07. Our Head Office’s physical address is 37 Auckland Street, Paarden Eiland 7405, Cape Town, South Africa.
1.2 These Terms and Conditions shall apply to all orders concluded by or with PETERSEN'S for the sale and/or supply of products on our online shop, petersens.co.za (the “Site”). When you submit an order to PETERSEN'S, give any delivery instruction or accept delivery of any products, this shall constitute your unqualified acceptance of these Terms and Conditions. However, nothing in these Terms and Conditions affects your statutory rights.
1.3 Use of our online shop is also subject to additional Supply & Purchase Terms (found at www.petersens.co.za/terms-conditions), which must be specifically incorporated, insofar as they apply to online purchases.
FORMATION OF THE CONTRACT
2.1 You may register an online profile on petersens.co.za to place an order. To place an order with PETERSEN'S you must be older than 18.
2.2 To register a profile, you must provide a unique username and password and provide certain information and personal details to PETERSEN'S. You will need to use your unique username and password to access the Site in order to purchase products.
2.3 You may place and order for one or more products on offer as long as such products are available. Should the product be out-of-stock, a manufacturing lead-time of ±3-4 weeks may apply.
2.4 A contract of sale between you and PETERSEN'S only comes into effect once you have fully completed and submitted the online order form for the products in your shopping cart (“cart”) AND your payment has been authorised by PETERSEN'S (or has been received into P3 Design (Pty) Ltd's bank account). Our acceptance of your order will only take place once payment for your order has been received. We will send a confirmation email that your payment has been received. This communication will serve as our acceptance of your offer to purchase our product.
PRICE AND PAYMENT
3.1 The amount to be paid will be shown on the Site together with the charges you must pay including VAT, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa, or the currency of your choice as selected by yourself: being USD, Euro, CAD, ZAR, or GBP.
3.2 You shall pay for the product by one of the following payment methods, subject to PETERSEN'S discretion:
3.2.1 Payment via credit card:
The transaction takes place within your bank’s secure environment and PETERSEN'S won’t have access to any of your card details. You can rest assured that your card details will only be accessible to our PCI compliant payment service provider. When you return a purchase, the specified amount will be credited back to your credit card after it has been approved.
3.2.2 Payment via Instant EFT:
PETERSEN'S accepts Electronic Fund Transfer 'EFT's as a payment option available to ABSA, FNB, Nedbank, Standard Bank, Capitec, RMB, and Investec clients. These payments are processed by your bank and provide a secure transfer for payment. You will need to send proof of payment to firstname.lastname@example.org, and there will be a 0-48 hour waiting period for the funds to reflect in our account. Your order status will be updated as soon as the funds reflect in our account. Instant EFT guarantees the highest levels of security when paying online and your online banking details are not stored.
3.3 You cannot reserve products by placing them in your cart for payment at a later stage. PETERSEN'S may remove products from your cart if the product is no longer available.
3.4 Your order remains valid as an offer until we issue our Confirmation of Order email.
3.5 PETERSEN'S shall not be obliged to supply the product to you unless We have accepted your order (by issuing a Confirmation of Payment email). Unless expressly stating that We accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the confirmation of a contract of sale. In that Acknowledgement, we may give you an order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies.
3.6 PETERSEN'S will, at all times do our utmost best to ensure that the price given to you is accurate, but the price of your order will need to be validated by PETERSEN'S as part of our acceptance procedure. If the price for the order changes before we accept your order, We will contact you and ask you to confirm whether you wish to proceed at the amended price.
4.1 TIMBER WARRANTY
Timber products are warranted for a period of 1 year from date of delivery/collection in respect of frame and workmanship. Should the original product be altered in any way, the warranty will be void.
4.2 UPHOLSTERED FURNITURE
Upholstered furniture is warranted for a period of 1 year from date of delivery/collection in respect of the frame and craftsmanship. The warranty does not extend to the fabric or leather used to upholster the product as this is subject to wear and tear associated with use. Furthermore, usage and treatment in the customers’ environment is beyond PETERSEN'S control.
4.3 IMPORTED PRODUCTS WARRANTY
All imported products are warranted for a period of 1 year from date of delivery/collection in respect of frame and workmanship and regardless of whether it’s an upholstered product or not.
AMENDMENTS TO THESE TERMS AND CONDITIONS
PETERSEN'S may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Site.
5.1 PETERSEN'S undertakes to ensure compliance with:
a) Provisions in the Consumer Protection Act 68 of 2008 in relation to any products sold by PETERSEN'S to you via the Site; and
b)Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to PETERSEN'S payment systems being sufficiently secure;
5.2 Neither PETERSEN'S nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, PETERSEN'S makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to email@example.com
5.3 Although products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.
5.4 Any views or statements made or expressed on the Site are not necessarily the views of PETERSEN'S, its directors, employees and/or agents.
5.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, PETERSEN'S also makes no warranty or representation, whether express or implied, that the information or files available on the 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.
5.6 PETERSEN'S 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, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
5.7 YOU HEREBY INDEMNIFY PETERSEN'S AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
6.1 This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, you and P3 Design (Pty) Ltd t/a PETERSEN'S submit to the jurisdiction of the South African courts.
6.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
6.3 Any failure on the part of you or PETERSEN'S to enforce any right in terms hereof shall not constitute a waiver of that right.
6.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
6.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
6.6 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.