Terms and Conditions
The “Classic Luxury Tiles & Bathrooms” website located at www.classicluxury.co.za (the “Website”) is owned and operated by Classic Trading Bathrooms (Proprietary) Limited Company (Registration Number: 2011/131449/07) (“CTB”, “we”, “us” or “our”)
These terms and conditions (the “Terms”) are binding on any person who accesses or uses the Website in any manner, including a person who purchases products from our online store through the Website (the “User”)
The Website enables a User to shop online for a range of bathroom, tiles and sanitary products from CTB and have them delivered within the Republic of South Africa
By entering or using the Website and/or ordering products through the Website or registering on the Website, the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms, the User should not enter, view or conduct any transaction on the Website.
PLACING AN ORDER
CTB will not deliver goods to addresses located outside South Africa
By placing an order, the User represents and warrants that:
- the User is at least 18 years of age and is legally capable of entering into binding contracts or, if the User is below the age of 18 years, the User warrants that they have the relevant parental consent to act; and
- he User agrees to be bound by these Terms
The User accepts that CTB will rely on the User’s representation that the User has unfettered legal capacity to contract and that the User is over 18 years of age.
Before proceeding to finalise an order, the User will be given an opportunity to review and, if required, correct the contents of the User’s order as well as any information or addresses provided. CTB will in no way be held liable for any loss, damage, delay or any other consequence that may arise as a result of a User having incorrectly captured the User’s information, address or order contents.
The products and prices displayed on the Website are only valid while stocks last and subject to availability. The User acknowledges that stock of all products of the Website is limited. CTB will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are removed from the Website.>
CTB will in no way be held liable to provide a product at an expired price or where the product concerned is no longer in stock or available. If the User orders a product on the Website and that product is no longer available after payment, CTB will notify the User and the User will be entitled to a refund of any amount already paid for such products.
The user acknowledges that images of the products on the Website are for illustrative purposes only and that the products described or graphically represented on the Website may differ in colour, shape, form, design and appearance from the final product delivered. The User may return products on account of a difference in colour, shape, form, design or appearance provided that the User has contacted CTB in advance and CTB has accepted the return, the products are returned in the same condition as in which they were delivered and the User will be liable for the costs of returning the products
The User shall use the products purchased from CTB only for the User’s own personal use or in order to give such products as a gift to another person for that other person’s own personal use. The User shall not resell such products. The User shall not market, sell, distribute, seek customers, advertise or in any other way deal in or with the goods purchased from CTB as a manufacturer or on a wholesale or retail basis.
The User acknowledges that most goods sold by CTB are sold in fixed or standard quantities (“Standard Quantities”) and reserves the right to sell and otherwise transact in such quantities. If a User orders goods in quantities other than the Standard Quantity, CTB, having regard to the nature of the goods ordered, is entitled to submit a quotation for the Standard Quantity nearest to the amount of goods ordered by the User: provided that the initially quoted quantity of goods is not less than the amount ordered. If such quotation is accepted by the User, the resultant agreement shall (notwithstanding the quantity requested in the order) be for the supply of the quantity of goods as specified in the quotation.
Quotations are valid for 30 days, subject to availability, unless withdrawn sooner or otherwise stipulated and will expire on the conclusion of that period.
CTB, in its discretion, offers delivery for items sold by it via its Website. Delivery of items is not guaranteed and is subject to the remaining provisions of these Terms, including the provisions relating to the payment of delivery charges
Orders will only be dispatched once CTB has received payment of the full purchase price for the goods and all charges and costs relating to the products.
CTB, in its discretion, offers free delivery on orders that exceed the minimum purchase price limit published on the Website from time to time. In respect of orders that are less than such limit, the User will pay a delivery fee prior to an order being shipped for delivery to the User. The delivery fee is dependent on the User’s delivery address and will be displayed during checkout.
Every reasonable effort is taken to ensure that the delivery costs displayed on the Website are correct at the time of purchase. However, if a delivery fee is incorrectly displayed, CTB will not be obliged to deliver products at an incorrect delivery fee. CTB shall only be liable to return payment already made by the User in the case they choose to cancel the sale once they have been made aware of the correct delivery fee.
CTB will not deliver any products to postal addresses (such as Post Office box addresses). The address nominated by the User for delivery must be a physical address.
Unless otherwise agreed or stipulated in the User’s order or on the Website, the User’s order will be delivered by the courier company specified by CTB, to the address provided by the User during the order process
In order to receive delivery of an order, the User must ensure that someone will be available at the delivery address between 8:00 and 17:00 on Business Days. (A “Business Day” is any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.) For this reason, CTB recommends using a business address for delivery. If no one is available at the nominated delivery address to accept delivery of an order, the courier will retain the products and inform the User of the attempted delivery. The courier service will subsequently arrange a suitable date and time for delivery. The User will be responsible for any additional fees that may be charged by the courier if no one was available to receive delivery of the order at the address specified by the User, or if the courier returns the products to CTB as a result thereof
The User acknowledges that CTB shall rely on the accuracy of the delivery address as provided by the User. CTB does not verify the accuracy of any particulars of a delivery address provided by the User. The User shall check the accuracy of the delivery address every time when placing an order. CTB shall not be liable for any costs, loss, damages or claims incurred by the User relating to an inaccurate or incorrect delivery address provided by the User.
The User acknowledges that they may be required to provide a valid form of identification when their order is delivered and undertakes to provide such identification when required to do so
CTB will make an effort to ensure that delivery takes place within the time period specified on the Website in relation to the User’s order. However, the size and quantity of an order as well as the distance between CTB and the delivery address provided, amongst other circumstances, may require a longer period for delivery. The User will be notified from time to time of any anticipated delays with delivery and, in such circumstances, the updated delivery time will substitute and take preference over the delivery time stipulated in the confirmatory email or reflected on CTB’s invoice. CTB will not be liable for any losses, costs, expenses or penalties arising, whether directly or indirectly, from or related to any delivery delays whether anticipated or not.
Ownership of products ordered will pass to the User upon CTB receiving full payment for such products. Risk of loss of or damage to ordered products will pass to the User upon dispatch from CTB’s premises or warehouse. If products are are lost in transit, CTB will replace or refund the User for such goods.
CANCELLATION AND RETURNS
The User may cancel an order at any time, provided that they do so before the order is dispatched for delivery by CTB. After delivery of the products from CTB to the User, such products may only be returned in accordance with the provisions of this clause 4.
The User is responsible for inspecting ordered products upon delivery. If, upon delivery, it appears that a product has been opened and/or is clearly damaged, the User must bring this to the attention of CTB within 24 hours by setting out clearly the issue/s and order details in the delivery note as well as in an email to the relevant address specified on the Website. Upon inspection and subject to CTB’s sole discretion, CTB may replace the product should the User request same.
CTB shall be entitled to charge a Return Fee for replacing or collecting and refunding as contemplated in clauses 2.7 and 4.2. above. (“Return Fee” refers to the reasonable costs associated with or relating to effecting the return and/or replacement of the goods which includes collecting, delivering and/or transporting (returned) goods as well as handling, re-packaging and restoration of any such goods to render them fit for re-stocking and sale.) Where CTB is entitled to charge a Return Fee, it shall be entitled to charge the User an amount equal to the reasonable costs for effecting the return and/or replacement up to a maximum amount of 10% of the total amount of the purchase price for the goods in question (excluding VAT). The Return Fee shall be payable by the User on the date of issue of the VAT invoice for such Return Fee. A Return Fee will not be payable if CTB determines that products were delivered in a defective conditions.
The User is entitled to return an order within 30 days after receiving delivery thereof, provided that the product is in its original condition, unopened and any and all labels remain intact.
If a product is returned in terms of this clause 4, CTB will, following receipt and examination of such product, reimburse the User with the purchase price paid by the User for the product, excluding any applicable delivery costs and/or charges. The User will be responsible for the costs of returning such products to CTB. The risk of loss of or damage to the products will remain with the User until they products have been received by CTB.
Where the User has paid by credit card, the refund will be processed to the credit card used for the purchase.
The User should expect to receive their refund within 30 working days of giving the package to the return shipper. However, in many cases the User may receive a refund more quickly. This time period includes the transit time for CTB to receive the return from the shipper, the time it takes CTB to process the return once received and the time it takes the User’s bank to process the refund request.
No provision stated in these Terms regarding CTB’s cancellation and returns policy will affect or be interpreted to deny the User any of the User’s unalterable statutory rights, to the extent applicable. If and to the extent that the Consumer Protection Act, 2008 (the “CPA”) applies, Users shall be entitled to return products that have material defects in accordance with the CPA’s provisions.
The price of any product will be the price quoted on the Website in respect of any particular product. The prices of any product will vary depending on the specific components of it.. It is the User’s responsibility to ensure that they are satisfied with the cost of a product before purchasing.
CTB reserves the right to adjust the prices of products and to correct any pricing errors that may inadvertently occur at any time and without giving the User any advance notice.
All prices shall only apply during the validity period stated on the Website and shall only be valid once the order has been processed and confirmed by CTB in accordance with these Terms. If the price for a product no longer appears on the Website, such product shall no longer be available for purchase at that price.
All prices quoted on the Website are listed in South African Rands (ZAR) and will be inclusive of value added tax and any other applicable taxes. Prices exclude delivery charges
Delivery charges, fees and other related costs will be quoted and added to the total amount owing during the order process and the User will be liable to pay such charges, fees and costs. The User will be given an opportunity to review their order and, if necessary, edit the products to be purchased, the listed quantities of such products before proceeding to finalise the order.
Under no circumstances will CTB be held liable to provide a product which is out of stock or at an outdated or expired price. All errors and omissions are excepted.
Prices displayed for products on the Website apply to products sold through the Website only. Prices displayed on the Website do not apply to products sold in stores or by other retailers.
Although every effort will be made to ensure that products are correctly priced on the Website, in the unlikely event that a product is incorrectly priced, the following provisions will apply:
- Where the incorrect price is lower than the correct price, CTB will not be bound to sell the product concerned at such a price and a representative of CTB will contact the User when the order is being processed in order to inform such User of the higher price to be paid for such product and will await instructions from the User as to whether the User still wishes to purchase the product concerned at the higher price or to cancel the order and receive a full refund.
- If the incorrect price is higher than the correct price, a representative from CTB will advise the User of the lower price but will proceed to process and confirm such order. The User will receive a refund for the balance of the amount already paid for the product.
In the event that product prices, offers, or any other relevant information are displayed incorrectly on our website due to a delay in the synchronisation of software systems, we hereby invoke our Errors and Omissions Excepted (E&OE) clause. This clause serves to clarify our position and responsibilities in such instances:
- Accuracy of Information: While we make every effort to ensure the accuracy of information displayed on our website, there may be occasions where technical glitches or delays in software synchronisation cause discrepancies in product prices, offers, or any other related details.
- Non-Binding Information: Any pricing, offer, or information related to products displayed on our website that is found to be inaccurately presented due to software synchronisation delays shall not be considered binding upon the vendor.
- Correction and Notification: We commit to rectifying any discrepancies in pricing or other information as soon as they are identified and verified. We reserve the right to correct errors, adjust prices, or update offers to reflect the intended and accurate information.
- Communication: In the event that a customer places an order based on incorrect pricing or information resulting from software synchronisation delays, we will promptly inform the customer of the discrepancy and provide accurate details before proceeding with the order.
- Right to Refuse or Cancel Orders: We reserve the right to refuse or cancel any order placed for products with inaccurately displayed prices or information due to software synchronisation delays. We will notify the customer and provide options for the cancellation or revision of the order.
- Liability Limitation: We shall not be held liable for any losses, damages, or inconveniences caused by discrepancies arising from software synchronisation delays, including but not limited to incorrect pricing, offers, or information.
- Good Faith Efforts: We assure our customers that we continuously work to minimise software synchronisation delays and technical glitches. Our commitment to accuracy and transparency remains paramount.
- Modification of Terms: Our Errors and Omissions Excepted (E&OE) clause may be modified or updated without prior notice. It is the responsibility of customers to review this clause periodically.
By using our website and engaging in transactions with our store, customers acknowledge and agree to the terms of this Errors and Omissions Excepted (E&OE) clause.
For any inquiries or concerns regarding discrepancies resulting from software synchronisation delays, please feel free to contact our customer support team.
The User can make payment for goods or services:
- using a credit or debit card;
- by electronic funds transfer; or
- direct bank deposit.
As a result of the use of a credit or debit card, CTB may require additional information in order to authorise and/or verify the validity of payment. In such cases CTB is entitled to withhold delivery until such time as the additional information is received and authorisation is obtained for the amounts. If such authorisation is received , the order for the products will be cancelled. The User warrants that they are fully authorised to use the credit or debit card supplied for purposes of paying the products and that the credit or debit card has sufficient available funds to cover all the costs incurred as a result of the transaction on the Website.
Where the User elects to make payment by way of direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing the order. Where CTB does not receive payment within the said period, the order will be refused, any payment received refunded. Where payment is refunded as contemplated in this clause 6.3, the User shall be liable for any costs, fees or charges occasioned by the refund with CTB being entitled to set-off the same from the refunded purchase price.
When making payment, the User undertakes to pay the final purchase price (including VAT and any and all courier costs and other charges reflected).
Notwithstanding any other clause contained in these Terms, CTB shall have no duty to deliver any product until the User’s payment has been cleared by the relevant bank and has become available in CTB’s bank account.
The User’s order will be cancelled immediately where payment is not processed by the relevant bank and credited to CTB’s bank account.
Prices and other amounts specified on the tax invoice issued by CTB (including delivery charges) shall be payable by the user on or before issue of the tax invoice, prior to release or delivery of the goods
CTB takes steps to ensure that all transactions are secure and all transactions made through the Website are encrypted. The User acknowledges that transactions that are performed over the internet may be vulnerable to interception. CTB will not be liable for any loss that the User may suffer as a result of any interception.
Online payments are processed by third party payment service providers. CTB has no involvement in or control over the payment service provided by them. To the fullest extent permitted by law, CTB shall not be liable to the User for any damage or loss suffered or incurred by the User relating to the actions or omissions of such service providers or through the use of their payment services.
By making online payments relating to the Website, Users acknowledge that their card details will be collected by CTB to, among others, enable CTB to process the User’s purchase and online payment.
CTB is the merchant of record and responsible for the contents of these Terms and the processing and fulfilment of orders, customer service, resolution of disputes.
As far as the law allows, a certificate under the hand of any executive director or manager of CTB, whose appointment it shall not be necessary to prove, as to your indebtedness to CTB, shall in the absence of manifest error be prima facie evidence (in other words, accepted as correct until proved otherwise) of such indebtedness
The User confirms that any itemised goods or services reflected in any tax invoice issued to the User accurately reflects the good or services ordered at the agreed prices.
GIFT VOUCHERS, PROMOTIONAL COUPONS AND CLEARANCE SALES
Promotional coupons may be issued electronically in CTB’s sole discretion. Users do not have a right to promotional coupons, and promotional coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. Coupons are issued for limited validity time periods. Coupons can be used to secure a discount on the Website, provided that the coupon is valid and has not expired. Coupons may entitle users to percentage based or fixed amount discount.
Gift vouchers may be purchased by the User and will be issued electronically by CTB. Users do not have a right to purchase gift vouchers, and gift vouchers cannot be earned. Gift vouchers are issued under specific terms and conditions regulating when and how they may be used. Gift vouchers are issued for limited validity time periods. Gift vouchers can be used to secure a discount on the Website, provided that the coupon is valid and has not expired. Gift vouchers may entitle users to percentage based or fixed amount discount
Some gift vouchers and coupons may be subject to a minimum spend requirement or other conditions, as communicated in the information accompanying the gift voucher or coupon.
To utilise a gift voucher or promotional coupon, a User must insert the relevant code into the voucher or coupon code box provided at check out.
Returns will be refunded at the actual rand value paid per item after the respective coupon is applied. The value of the coupon will be set off against the value of the shopping cart and the balance remaining, if any, will be payable to the User.
Coupons are not valid on any discounted items and coupons may not be used in conjunction with any other offers on the Website
Gift vouchers and coupons cannot be exchanged for other gift vouchers, coupons or cash and the full value must be utilised by a User.
Promotional coupons are only redeemable on the Website and thus cannot be used or redeemed at any other retailer.
Gift vouchers and coupons may only be used once
CTB may, in its sole discretion and from time to time, offer certain goods at discounted prices as part of a promotion or a clearance sale offering. These discounted offerings will be subject to certain additional terms and conditions published on the Website from time-to-time. The User will only be entitled to enjoy the discount associated with a promotion or clearance sale if and to the extent that the user purchases the good in compliance with the terms and conditions applicable. A User will not enjoy promotion or clearance sale discounts if, to the extent in question:
- the goods so purchased are not subject to an applicable promotion or clearance sale offering; or
- he applicable terms and conditions in terms of the relevant promotion or clearance sale are not satisfied in so purchasing
PRODUCT WARRANTIES AND LIABILITY
CTB makes no warranties or representations in respect of products sold to Users, unless the CPA applies. If the CPA does apply, the warranties enforceable against CTB are limited to those set out in the CPA and are subject to the CPA’s provisions. Any manufacturer warranties are separate and distinct from those enforceable against CTB and Users must engage the manufacturer directly where a manufacturer warranty is applicable.
To the fullest extent permitted by law, CTB shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Users, whether directly or indirectly, as a result of CTB’s products which are sold to and used or consumed by Users or any third parties
To the extent permitted by law, the User indemnifies and holds CTB, its officers, employees, agents and contractors harmless against any and all claims, liability, injury, losses, costs, expenses and penalties arising, whether directly or indirectly, from or related to the products sold by CTB to Users or the use or consumption of such products by Users or third parties.
LIABILITIES REGARDING USE OF THE WEBSITE
The User makes use of the Website at their own risk.
The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. CTB makes no warranties or representations of any kind, whether express or implied, as to the operation of the Website or the available information, content, materials or services included on or otherwise made available to the User.
To the extent permitted by law, the liability of CTB for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.
Notwithstanding anything to the contrary contained in these Terms, CTB shall not have any liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
The User assumes all responsibility and risk for the use of the Website. The User hereby indemnifies CTB and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by them or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
CTB will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of CTB.
These Terms do not intend to, nor shall they be interpreted to, limit the liability of CTB in any way which would be illegal for CTB to exclude or attempt to exclude or where such exclusion is prohibited by the CPA or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents or the proper functioning of the Website without the prior written consent of CTB.
CTB reserves the right to make any changes to the Website, its content and/or products offered through the Website at any time and without prior notice.
The Website may contain links to other websites. CTB has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
The User may link to this Website, provided that the User will not replicate any particular page, including the homepage. When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause 11.
No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be associated in linking to the Website.
Although every effort will be made to have this Website available at all times, the Website may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption. CTB does not warrant against nor will it be held liable for such downtime and the User indemnifies CTB against any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, the User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password are used, CTB shall be entitled to assume that such use and all related communications emanate from the User. CTB shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to CTB with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. CTB may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, CTB shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on CTB’s part and without prejudice to CTB’s rights in terms of these Terms or at law. Following such termination, the User will forfeit the right to link to this Website as described in these Terms.
Should the User submit a testimonial regarding a product to CTB, or publish a testimonial on the Website, the User grants CTB the rights to publish the testimonial in any manner or form and on any platform (including the Website) as CTB may determine in its sole and absolute discretion. CTB reserves the right to make amendments to any User testimonials, whether such testimonials are submitted to CTB or published on the Website by a User, and to publish such amended testimonials or partial versions of such amended testimonials in accordance with this clause.
Any commentary, advice, information, suggestions, opinions, answers, testimonials or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at their own risk and in their own discretion and disclaims and indemnifies CTB from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.
The User acknowledges that CTB and its licensors are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets whether registered or unregistered (“Intellectual Property”) in any way associated with, related to or appearing on the Website.
The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content including, where applicable, CTB reserve all such rights therein unless provided otherwise in these Terms.
The User undertakes:
- not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;
- not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of the rights, title and interest in and to the Intellectual Property; and
- not in any way to make unauthorised use of the Intellectual Property or to represent that the User has any rights of any nature in the Intellectual Property or any registrations thereof.
Without limiting the generality of the provisions of clause 13.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
CTB graphics, logos, page headers, button icons, scripts and service names are the property of CTB. The User may not use any of the Intellectual Property without CTB’s prior written consent. All other trade marks not owned by CTB that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trade marks without prior written consent from the relevant owners.
MALICIOUS SOFTWARE AND OFFENSES
The User warrants that:
- the User will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;
- no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into CTB’s system which may cause any form of technological harm or any other form of harm in any manner or respect;
- the User will not attempt to gain unauthorised access to the Website, including through the theft of any third party’s username and password; and
- the User will not attempt to gain unauthorised access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and CTB will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User
Although CTB and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, CTB does not warrant that the Website is free of malicious content or viruses and CTB will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 14.1.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.
The User warrants that they will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
SUSPENSION AND DEREGISTRATION
CTB reserves the right to at any time suspend or terminate the Website, any activity on the Website or its services for any reason, including (without limitation) any unlawful use of the Website by any User or for any reasons relating to any law, legislation or regulation.
In the event that the Website, any activity or event on the Website or any person’s purchase of any of the products offered for sale on the Website is suspended or terminated, a person shall have no claim against CTB for whatever reason
CTB’s privacy notice in respect of the Website (“Privacy Notice”), which is incorporated into these Terms by this reference, is available on the Website. The Privacy Notice further describes the collection and use of information on the Website
CTB and the User chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of these Terms and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with these Terms must be served:
- CTB: As per clause 21 below.
- The User: As per the address supplied when the User registered as a user of the Website or places an order through the Website, as the case may be.
Any notice or communication required or permitted to be given to pursuant to the provisions of these Terms shall be valid and effective only if in writing and sent to a party’s chosen address in accordance with the provisions of clause 18.1, provided that documents in legal proceedings in connection with these Terms may only be served at a party’s Domicilium.
These Terms and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa. The User’s use of the Website will constitute their 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 Terms. Furthermore, the parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the High Court of South Africa in regard to all matters arising from these Terms. Nothing in this clause or the Terms limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
If at any time there is a failure by CTB to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
CTB reserves the right to amend or delete any part of the Website, these Terms and/or the Privacy Notice at any time and without prior notice. The User must review the Terms on a continual basis and remain up-to-date in respect of any changes.
If the User needs to obtain a sales record of their transaction to buy products through the CTB Website, they can request same from CTB within 30 days of the transaction.
Any complaints in relation to the Website, these Terms or our products should be brought to our attention by contacting us by telephone between 8:00 and 17:00 on Business Days or by emailing us using the details below.
Any and all communications between the parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
CTB can be contacted using the contact details below.
DISCLOSURE OF INFORMATIO
Merchant: Classic Trading Bathrooms (Proprietary) Limited Company, a private company incorporated in South Africa
gistration number: 2011/131449/07
Physical address: 9 Acaciafield Close, Springfield Park, Durban
Postal address: PO Box 74596, Rochdale Park, 4034
Telephone number: (031)-579 1900 (Durban Head office)
Office bearer: Shazeen Jooma
E-mail address: email@example.com
Website address: www.classicluxury.co.za