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Returns Policy

GENERAL TERMS AND CONDITIONS OF SALE

Between:

The Company and the Customer

  • 1. IN THESE TERMS AND CONDITIONS:
    • 1.1 "the/this Agreement" means these General Terms and Conditions of Sale, incorporating, amongst other things, all quotes, Orders, Order Confirmations and Delivery Notes, and any terms and conditions applicable to any promotional offers of the Company, from time to time;
    • 1.2 "Business Day" means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa."
    • 1.3 "CPA" means the Consumer Protection Act No. 68 of 2008;
    • 1.4 "Company" means Cellozyme (Pty) Ltd, a private company, registered in accordance with the Laws of the Republic of South Africa under registration number 2012/148762/07;
    • 1.5 "Customer" means any person who purchases or offers to purchase the Goods from the Company;
    • 1.6 "Defective" in relation to any Goods means:
      • 1.6.1 that such Goods are unsafe (as this term is defined in the CPA);
      • 1.6.2 that there is a Goods failure, defect or hazard in any such Goods (as these terms are defined in the CPA); or
      • 1.6.3 inadequate instructions or warnings have been provided to the Customer pertaining to any hazard arising from or associated with the use of such Goods;
    • 1.7 "Delivery" means the delivery of the Goods by the Company to the Customer pursuant to the provisions of clause 4;
    • 1.8 "Delivery Dates" means the dates on which the Customer requires the delivery of Goods from the Company, and in the absence of any instruction to the contrary, Delivery will be made within 5-7 Business Days of the date on which the Order is made;
    • 1.9 "Delivery Note" means the delivery note or any other confirmation of Delivery, signed by the Customer upon Delivery of the Goods;
    • 1.10 "Delivery Place" means the place for Delivery of the Goods, which place shall be the place specified in the Order;
    • 1.11 "Goods" means any goods supplied by the Company to the Customer in terms of this Agreement and indicated on any of the Company's forms, Price lists, quotations, Delivery Notes, Orders or Order Confirmations, including without limitation, any of the goods listed on the Company's website www.cellozyme.co.za;
    • 1.12 "Order" means any order as contemplated in clause 3.1, placed by a Customer with the Company for the supply of Goods;
    • 1.13 "Order Confirmation" means any notification or correspondence sent by the Company to the Customer, by email or otherwise, confirming an Order;
    • 1.14 "Parties" means the Company and the Customer, collectively, and "Party" shall mean either one of them as the context may indicate;
    • 1.15 "Payment Date" means, where payment is made by means of a credit card, the date upon which such credit card payment is processed, as per the instruction of the Customer contained in the Order, and in the event that such date is a Sunday or recognize South African public holiday, the credit card payment shall be processed on the next ordinary Business Day;
    • 1.16 "Price" means the usual current price of the Goods and Delivery costs (if any) at the time of Delivery of the Goods, which shall be inclusive of VAT, and any other amounts listed on the Delivery Note which have been mutually agreed to by both Parties;
    • 1.17 "VAT" means Value Added Tax levied in accordance with the provisions of the Value Added Tax Act No. 89 of 1991, as amended.
  • 2. PRICE AND PAYMENT
    • 2.1 The Customer shall pay the Company the Price in respect of any Goods ordered.
    • 2.2 In the event that the Customer wishes to pay the Price by way of credit card, then the provisions of clauses 2.3 to 2.5 shall apply.
    • 2.3 The Customer undertakes to ensure that the credit card has not been used to its maximum limit, and that there will be sufficient funds in it to cover the amount due. In the event that the credit card has reached its maximum limit and there are insufficient funds in it on the Payment Date to cover the amount due, the Customer agrees to the Company processing the credit card payment on any other date after the Payment Date. Alternatively, upon notification by the Company to the Customer of the credit card being at its maximum limit, the Customer shall immediately transfer the amount due into the Company's bank account by way of electronic funds transfer.
    • 2.4 The Customer further agrees that he/she will be liable for any claims, losses or damages of whatsoever nature in the event that the credit card
      • (i) has reached its maximum limit;
      • (ii) details provided to the Company are incorrect;
      • (iii) is held in the name of any other person; and/or (iv) has expired or, during the term of this Agreement, expires.
    • 2.5 The Customer shall not be entitled to reverse any payment made in terms of this clause 2, for any reason whatsoever, where such amount is legally owing by the Customer to the Company.
    • 2.6 No Deliveries shall be made by the Company to the Customer until it has received payment in full in respect of the Goods ordered by the Customer, and the Company shall have the right to suspend Deliveries if any amount due by the Customer to the Company is unpaid.
    • 2.7 Prices on all products are subject to increase without prior notification.
  • 3. ORDERS
    • 3.1 Orders by the Customer for the Goods shall be made by the Customer online via our website www.cellozyme.co.za.
    • 3.2 Subsequent to the Customer placing an Order, the Customer will receive an Order Confirmation from the Company.
    • 3.3 The Company will not be responsible for any errors or misunderstandings that occur during the placing of an Order, or for the failure by the Customer to provide the Company with correct and accurate information when placing an Order or as set out on any quote, Order Confirmation and/or Delivery Note.
    • 3.4 The Customer confirms that the information given by it when placing an Order is accurate and complete. The Customer further agrees to update such information, failing which the Company will not be liable for any inaccuracies or lack of completeness of such information, or any consequential failure to deliver the Goods properly.
    • 3.5 Orders and Order Confirmations shall constitute offers to purchase the Goods in question at the usual Prices of the Company.
    • 3.6 All Orders received will be submitted to the Company for processing and will be subject to acceptance by the Company by way of the Delivery of the Goods.
    • 3.7 The Company shall be entitled to recover from the Customer any extra costs, including Delivery costs, incurred by the Company due, directly or indirectly, to the actions of the Customer including instances where the Customer:
      • 3.7.1 alters the Order, including where the Company delivers the Goods in accordance with the Order, and the Customer alters the Order upon or after Delivery; or
      • 3.7.2 refuses to accept Delivery notwithstanding that the Goods meet the specifications set out in the Order; or
      • 3.7.3 fails or delays to give full particulars needed by the Company; or
      • 3.7.4 otherwise delays the Order process.
  • 4. DELIVERY
    • 4.1 Subject to clause 4.2, Delivery will be made in respect of Orders at the Delivery Place on the Delivery Dates. Delivery will generally be made by the Company's appointed courier service agents.
    • 4.2 Where the Delivery Place is a remote area, which is not serviced by the Company's courier service agents, Delivery will be made via Post Office or to the nearest town to the Customer which is accessible by the Company's courier service agents within its normal routes. In these circumstances, the Company will be in contact with the Customer to arrange an alternative address..
    • 4.3 Delivery shall be deemed to have taken place when the Goods are off-loaded at the Delivery Place.
    • 4.4 Whilst every effort will be made to deliver the Goods in accordance with this clause, the Company shall not be liable for any loss and/or damage for failure to effect Delivery timeously for any reason beyond the Company's reasonable control, as contemplated in clause 13 below.
  • 5. RISK
    • 5.1 Subject to clause 5.2 below, risk in and to any Goods sold to the Customer shall pass to the Customer upon the Goods being delivered at the Delivery Place, irrespective of whether ownership of the Goods still vests in the Company in terms of clause 6.
    • 5.2 The risk in the Goods shall immediately pass to the Customer if the Customer fails to take Delivery of the Goods ordered, or in any way delays the Delivery of Goods ordered.
    • 5.3 Where Goods are returned in terms of clause 7 below, risk remains with the Customer until Delivery of the Defective Goods to the Company.
  • 6. OWNERSHIP AND RETENTION OF TITLE

    Until the Company has received payment in full of all sums owed to it on any account by the Customer, whether arising out of this Agreement or any other contract, legal and beneficial title in and to the Goods shall remain vested in the Company.

  • 7. RETURNS
    • 7.1 If the Customer finds any of the Goods to be Defective, the Customer must within 30 days after Delivery of the Goods inform the Company of the defect, in writing, and return the Goods to the Company.
    • 7.2 Notwithstanding the aforegoing, the Company shall have no liability or obligation to the Customer in respect of any Goods which have been subjected to abuse, misuse, improper use, negligence, accident, alteration or tampering at the hands of the Customer, and the Customer hereby indemnifies the Company accordingly
    • 7.3 Orders placed incorrectly or by mistake of Customer will need to be returned to the Company on the Customer's own account. No refunds will be made until the Goods are returned in good order to the specified location of the Company.
  • 8. REFUNDS
    • 8.1 Refunds can take up to 2 weeks to clear. A 5% transaction fee will be levied and taken into account when refunds are made.