The terms and conditions herein contained shall apply to any online website sale transaction entered into between All Bags and the Customer. The Customer’s conditions of purchase shall not supersede these conditions of sale.
1.1 Payment of the full amount shall be made by the Customer upfront on placement of the order.
1.2 All charges as displayed on the online website are inclusive of VAT and delivery costs within the courier company's delivery regions. Should your location be outside of the courier company's region, a delivery fee will be charged at an additional cost to your purchase.
1.3 It is specifically recorded that All Bags shall not bear any risk where the Customer uses internet banking, the bank shall be deemed to be the agent of the Customer.
1.4 The Customer has no right to withhold payment or make set-offs or deductions from any payment due by it for any reason whatsoever.
1.5 Prices are subject to exchange rate fluctuation and the Customer shall be liable for such additional amounts.
2. OWNERSHIP AND RISK
2.1 All risk in and to all goods sold by All Bags to the Customer shall pass to the Customer on delivery thereof.
2.2 Ownership in all goods sold and delivered shall remain vested in All Bags until the full purchase price as reflected on the website has been paid.
3. DISPUTE RESOLUTION
Both Parties consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be brought against either of them by the other; provided that either party shall be entitled to bring any proceedings in the High Court where such proceedings would, but for this consent, fall outside the jurisdiction of the Magistrate’s Court.
4.1 In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of an attorney and/or debt collector to enforce his/her/its rights (including the right to receive payment), the infringing party shall be liable for:
4.1.1 Tracing agent fees (if required);
4.1.2 The debt collector’s fees;
4.1.3 The attorney’s costs on an attorney and own client scale;
4.1.4 Collection Commission in the amount of 10% on each instalment paid to the attorney and/or debt collector or paid directly to the aggrieved party following hand-over of the matter to the attorney and/or debt collector, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
4.2 The aggrieved party’s attorney or debt collector (as the case may be) shall on receiving a payment from the infringing party, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to the aggrieved party and finally towards the capital amount due to the aggrieved party.
5. BREACH AND CANCELLATION
5.1 In the event either party:
5.1.1 Allows judgement that has been taken against it to remain unpaid for more than 7 (seven) days; or
5.1.2 Is sequestrated or liquidated, or performs an act of insolvency in terms of the Insolvency Act 24 of 1936; or
5.1.3 Enters into a compromise with any of its creditors; or
5.1.4 Being a natural person, dies or being a juristic person undergoes a material restructure;
Then the aggrieved party may (without affecting any of its other rights) proceed with the termination of this Agreement with immediate effect and the infringing party will return at its costs, to the aggrieved party within 7 (seven) days of receipt of such termination, all documentation and/or property in its possession belonging to the aggrieved party and both parties will make payment of any amount due and owing to the other party within 7 (seven) days of receipt of such termination arising out of this Agreement, without prejudice to any rights which either party may have in terms hereof and at law.
5.2 Should any party breach any of its obligations in terms hereof and persist in such breach for a period of 20 (twenty) business days after written notice will have been given to it by the other party, the aggrieved party shall be entitled without prejudice to any rights which it may have in terms hereof or at law, to:
5.2.1 an order for specific performance and damages; or 5.2.2 cancel this Agreement and claim damages.
5.3 Any amount falling due for payment by any party in terms of or pursuant to this Agreement including any amount which may be payable as damages shall bear interest thereon, at the 9% per annum, and reckoned from the due date for payment (or, in the case of any amount payable by way of damages, with effect from the date upon which those damages are sustained) to the actual date of payment thereof, both dates inclusive.
6.1 The goods shall be delivered to the Customer by Kargo, Fastway or Pargo Couriers on such terms and conditions as shall be agreed to between the parties. All Bags shall not be held responsible by the Customer for the late/ delayed delivery of the goods by Kargo, Fastway or Pargo Couriers.
6.2 Any delivery note/ waybill signed by the Customer, its authorised representative or its nominated agent shall be prima facie (at first sight) proof that delivery was made to the Customer as per the description and quantity indicated on the delivery note/ waybill.
6.3 All Bags guarantees that the goods will be dispatched at the agreed place and on the agreed date and time at All Bags’s risk. In the event that goods are not dispatched as agreed, the Customer shall have the right to accept delivery of the goods OR require delivery at the agreed date, time and place in the event the agreed date and time has not passed OR cancel the agreement without penalty and treat delivered goods as unsolicited goods and/ services. (APPLICABLE IF CUSTOMER FALLS WITHIN THE AMBIT OF THE CONSUMER PROTECTION ACT)
6.4 All charges as displayed on the online website are inclusive of VAT and delivery costs within the courier company's delivery regions. Should your location be outside of the courier company's region, a delivery fee will be charged at an additional cost to your purchase.
7. RETURNED GOODS/SERVICES
7.1 The Customer may return the goods and the goods will either be repaired/ replaced or the Customer’s account will be credited in the event: (APPLICABLE IF CUSTOMER FALLS WITHIN THE AMBIT OF THE CONSUMER PROTECTION ACT)
7.1.1 The Customer exercises it’s cooling off right within 5 (five) business days after date on which the transaction was concluded or goods are delivered in the event of direct marketing. Delivery of the goods to All Bags will be at the Customer’s risk and expenses.
7.1.2 The Customer did not have the opportunity to examine the goods and rejects the goods due to type and quality reasonably contemplated in the agreement and does not meet the test in section 18(3) and (4) of the Consumer Protection Act AND in the event of special-order agreements the goods do not reasonably conform to the material specifications of the special order. Such claims must be lodged by the Customer and the goods must be returned to All Bags within 7 (seven) business days after the goods were delivered to the Customer. The cost of such return shall be at All Bags’s expense. The Customer shall be credited for the price paid by the Customer without any deduction provided that the goods are returned to All Bags (i) within 7 days after delivery, (ii) in their original condition, (iii) in their original packaging and (iv) without being disassembled, physically altered or in any way affixed to any property. In the event that the returned goods do not meet the above mentioned four conditions, but are still in a marketable condition, then in the sole discretion of All Bags, the crediting shall be subject to a deduction of a minimum 10% (ten percent) as a handling charge. In the event that the returned goods do not meet the said conditions and are not in a marketable condition, the Customer shall not be credited for any amount. In the event that All Bags does not hear from the Customer within the 7 (seven) business day period, the goods shall be deemed as duly delivered and accepted by the Customer.
7.1.3 All Bags delivers a mixture of goods and the Customer refuses delivery of any of the goods due to All Bags supplying goods of a different description not contemplated in the agreement. The Customer may accept delivery of the goods that are in accordance with the agreement and reject the rest, OR reject all of the delivered goods by lodging a claim and returning the goods to All Bags within 7 (seven) business days from date of delivery to the Customer. The cost of such return shall be at All Bags’s expense. The Customer shall be credited for the price paid by the Customer without any deduction provided that the goods are returned to All Bags (i) within 7 days after delivery, (ii) in their original condition, (iii) in their original packaging and (iv) without being disassembled, physically altered or in any way affixed to any property. In the event that the returned goods do not meet the above mentioned four conditions, but are still in a marketable condition, then in the sole discretion of All Bags, the crediting shall be subject to a deduction of a minimum 10% (ten percent) as a handling charge. In the event that the returned goods do not meet the said conditions and are not in a marketable condition, the Customer shall not be credited for any amount.
7.1.4 If the goods are not intended to satisfy a particular purpose as communicated to All Bags the Customer may return the goods within 7 (seven) business days after delivery. Delivery of goods will be at All Bags’s risk and expense.
7.2 In the event 7.1.1-7.1.4 is not applicable and/or the Customer falls outside the ambit of the Consumer Protection Act, Credit shall only be considered in respect of any goods if the goods are returned to Parco Bags within 7 (seven) business days from date of delivery to the Customer, provided that such returned goods are not defective in any way, are in their original saleable condition and packaging supplied by All Bags. The return of such goods will be at the Customer’s expense and risk. All Bags shall not accept the return of any goods if the packaging or any seals of the goods has been opened or tampered with or the goods have been damaged in any way.
8. WARRANTIES AND INDEMNITY
8.1 All Bags warrants that the goods comply with the standard and requirements as stipulated in section 55 of the Consumer Protection Act, 2008 except to the extent that the goods have been altered. In the event All Bags fails to manufacture goods that comply, the Customer will have the right to return the goods within 6 (six) months after delivery without penalty or charge and the Customer may require All Bags to repair/replace the goods, or alternatively request to be credited. (APPLICABLE IF CUSTOMER FALLS WITHIN THE AMBIT OF THE CONSUMER PROTECTION ACT)
8.2 To claim under this clause 8, the Customer shall return to All Bags the goods mentioned in clause 8.1 above, in accordance with the conditions as set out in clause 7.1.3. These claims will only be considered if they are lodged in writing within 6 (six) months after delivery of the goods concerned and if the Customer has specified the basis of the claim. The Customer may elect whether he/she/it requires a repair, replacement or a credit in respect of such goods.
8.3 The contents of this clause 8 does not apply if the maintenance of the goods has not been carried out in accordance with the Manufacturer’s instruction; the goods have been modified by the Customer or a third party; or defects in the goods have been caused by the action, neglect, omission or default of the Customer or any third party, fair wear and tear or abnormal working conditions.
9.1 In the event that All Bags has taken possession of property for repair or replacement part or component in any property belonging to, or in control of, the Customer or the Customer requests an estimate before goods are supplied, All Bags may only charge the Customer for the supply of goods if All Bags has given the Customer an estimate that satisfies the prescribed requirements and the Customer has authorized the work, or the Customer has declined the offer of an estimate in writing and authorized the work or pre-authorised any charges up to a specified amount and the amount does not exceed that maximum. (APPLICABLE IF CUSTOMER FALLS WITHIN THE AMBIT OF THE CONSUMER PROTECTION ACT)
9.2 All Bags will not carry out any repairs without written pre-authorisation of the cost involved and work necessary for repairs. (APPLICABLE IF CUSTOMER FALLS WITHIN AND OUTSIDE THE AMBIT OF THE CONSUMER PROTECTION ACT)
9.3 The Customer shall return any defective moveable goods to the premises of All Bags at the Customer's own cost and packed in the original or suitable packaging and all risks for the duration of repair remain with the Customer. (APPLICABLE IF CUSTOMER FALLS OUTSIDE THE AMBIT OF THE CONSUMER PROTECTION ACT)
10. SPECIFIC TERMS
10.1 The Customer shall not in any manner represent that it has any right or title to the Intellectual Property, including but not limited to use of logos or content of All Bags, other than in accordance with this Agreement, without prior written consent.
11.1 The Customer acknowledge that it does not rely on any representation made by All Bags to the goods or any of its qualities leading up to this agreement other than those contained in this Agreement.
11.2 The terms and conditions are applicable to all online website sales.
11.3 The Customer warrants that neither All Bags nor any of its employees will be liable under any circumstances whatsoever for any loss or damage, consequential damages including loss of profits or for any delictual liability of any nature arising out of the use by the Customer of the goods and/or of any misrepresentation, material or information whether furnished negligently or otherwise. (In the event the Consumer Protection Act is applicable, All Bags will be liable in the event of gross negligence only.)
11.4 The Customer hereby confirms that the goods on the tax invoice/ waybill, duly represent the goods ordered by the Customer at the prices agreed to by the Customer, and where delivery or collection has already taken place, that the goods were inspected and the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.
11.5 The Customer chooses the delivery address as the domicilium citandi et executandi (chosen physical address).
11.6 The Customer shall not cede its right nor assign its obligations under these terms and conditions.
11.7 All Bags shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of these terms and conditions to any third party.
11.8 The Customer undertakes that in the event of the business being sold or if there be any change in the directorship or members of the Customer, (if it be a Company, closed corporation or other corporate body), to notify All Bags thereof immediately in writing.