Welcome to the SaniChoice website (“Website”), SaniChoice being a division of PIMMS Famous Brands (Pty) Ltd (“PFB”). Please take a moment to read these online shopping terms and conditions including SaniChoice’s policies (collectively the “terms”) to understand how they apply to you, the customer (“you”) and your use of SaniChoice’s Website and any SaniChoice products (“Products”) or services (“Services”) which you may order online.
These terms apply to all purchases made online from the Website. Please read these terms carefully and ensure that you understand them. Use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms. Important clauses, which may limit SaniChoice’s responsibility or involve some risk for you, are highlighted. Some of these provisions have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms. You agree to pay special attention to these clauses.
Use of our Website confirms your understanding and acceptance of these Terms and Conditions, and you will be bound by these Terms during all transactions relating to the purchase of Products from our Website. If you have any questions regarding the Website, the terms, the Products or the Services please contact email@example.com or firstname.lastname@example.org.
Product Images and Representation
We have made every effort to display the Products on the Website as accurately as possible, including:
- the images that represent a visual depiction of the Product,
- features and descriptions that pertain to the Product.
The actual Product delivered may be subject to variations in appearance, as Product packaging may differ over time. It remains the responsibility of the customer to ensure that the Product and Product quantity which is ordered is correct, and the Product description and/or model number will always overrule any related images when resolving a dispute about a Product.
As the actual colours you see will depend on your computer’s monitor SaniChoice cannot guarantee that your monitor’s display of any colour will be accurate.
Product Pricing, Availability and Delivery
The products displayed on the Website are subject to availability and may be delivered or couriered within the Republic of South Africa, to destinations and areas serviced by our own delivery services or third party courier companies. Delivery or courier charges are for your account. Available delivery areas are identified when the delivery address is given, and it remains the responsibility of the customer to ensure that the delivery address, including the suburb and postal code, is correct. Arrangements should be made directly with SaniChoice should global shipping be required.
All prices displayed on our SaniChoice Promotions are valid and effective only in the Republic of South Africa for the day that they are viewed and do not constitute an offer by our offices or by the customers which we supply to. SaniChoice reserves the right, without prior notice, to discontinue or change pricing or specifications of Products and Services offered on our Website or during any Promotion without incurring any liability whatsoever.
SaniChoice cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order.
Orders placed may be declined or cancelled in the event of Products being out of stock, damaged, have incorrect Product information, have incorrectly displayed prices, due to payment for Products not being received, or payments not being authorised by PFB. In this circumstance, if an order has been cancelled where credit card has been the method of payment the amount will automatically be refunded back to the credit card.
Where items cannot be delivered, SaniChoice will endeavour to contact the customer based on the information provided, and offer either the option to collect, cancel the order or to reduce the quantities, where applicable. If SaniChoice is unable to supply each and every item ordered or in the quantities ordered and is unable to make contact with the customer, the customer nevertheless agrees to accept delivery.
Once you have selected your payment method on our website, you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
The prices reflected on the website and on Promotions include Value-Added Tax. Promotions may be subject to certain conditions, including stock availability and limited-offer stipulations.
Inadvertent and Obvious Errors
We regret that no order can be accepted if SaniChoice identifies an inadvertent and obvious error in the prices of Products or services or the description of any of SaniChoice’s Products or services on our online platform. SaniChoice is entitled to cancel any orders that have been accepted or fulfilled as a result of an inadvertent and obvious Error. We appreciate that customers may use social media or the Website to research pricing before visiting our offices. However, please note that pricing on the Website does not constitute an offer by our offices.
Payment is subject at all times to PFB’s agreements with its bankers and the outsourced financial transactions service provider.
You may pay for your online orders and delivery costs using credit, cheque or debit card and direct EFT. In respect of credit cheque and debit cards, we subscribe to high security and encryption standards allowing all customers to shop with peace of mind. We have taken all reasonable security measures to ensure that payment and card details, as well as related confidential information cannot be accessed by anyone who is not authorised to do so.
When placing your order, and providing the required personal details, including your payment card details, you warrant that you are authorised to make payment with the payment card and that there are enough funds available to pay for your order.
For Bank deposits or manual EFT please note that payment can take up to 72 (seventy two) hours reflect in our bank account, depending on the bank that you use and the available funds in your bank account. Instant EFT (by SID) payments reflect immediately. If we have not received your payment within 72 (seventy two) hours, your Order will not be accepted and will be automatically cancelled. We regret that we do not accept cheques.
Confirmation of Orders
Once your payment has been received from the online store you will be issued with acknowledgment of payment and the delivery process will then commence.
Orders placed telephonically or by e-mail (010 222 0790 and email@example.com) constitute only your offer to purchase subject to these terms. On receipt of your order we will send you an email confirming the Products, the quantities and delivery charges you have ordered together with an invoice. We are not legally obliged to provide the Products and Services to you during the offer process and before payment is received.
You can call SaniChoice on 010 222 0790 to track your Order.
If for any reason you would like to cancel an Order, this may be done by contacting SaniChoice by e-mail on firstname.lastname@example.org. You will only be able to cancel orders up to 48 hours after payment has been made. A cancellation fee of 10% will be charged. SaniChoice reserves the right not to refund the delivery in respect of any late cancellations. If you cancel your payment for any reason, or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, SaniChoice reserves the right to cancel forthwith any sale in the event of your breach any of the terms.
You may return a Product, at your cost, to SaniChoice provided you have the original invoice/proof of purchase and have complied with the required terms and conditions below.
Defective or Damaged Goods
If your Products turn out to be defective within the first 1 month after you received them from us, SaniChoice will repair them, replace them or give you a refund. Products may be returned to our head office in Honeydew or SaniChoice can help you to arrange a third party courier. The courier service will be charged at the going rate for your area and Product specifications. Please note that it may not be possible to immediately determine whether goods have been damaged or what the cause of a failure or defect may be. This is important as it determines whether the goods may be repaired, replaced or refunded. Accordingly, SaniChoice reserve the right to refer returned goods for technical assessment by the manufacturer prior to repairing, replacing or refunding and to provide you with feedback within 10 days of receipt of the returned goods and to act accordingly.
Should an item be damaged or defective, please contact SaniChoice on email@example.com immediately to arrange for the earliest convenient collection date. Once returned to our Honeydew head office the Product will undergo an assessment following which a decision be made on the repair or replacement of the Product. Promotional, free or bundled items that were part of a purchase must also be returned.
Delivery and Collection
A delivery or courier fee will be charged for each delivery order placed by you. SaniChoice delivers or couriers between Mondays and Fridays, 08h00 till 17h00 and do not deliver on a Saturday, Sunday or on any South African public holiday. Items are delivered within 6 (six) to 10 (ten) working days if there are no unexpected delays. Should it be unavoidable that we have to exceed these delivery times, you will be notified either telephonically or electronically.
SaniChoice delivers directly through out Gauteng and utilises third party courier services to customers outside of Gauteng which will attract an additional surcharge. This will be calculated on invoice alternatively you can collect from SaniChoice’s Offices in Honeydew, Gauteng.
On delivery of the order to the specified delivery address, you will receive SaniChoice’s delivery note showing the items delivered. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification and sign for same. Any person other than yourself who receives the Products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the delivery address specified by you at the time of delivery, the driver will return the Products and leave a notice at the delivery address to that effect. The courier company will attempt to contact you to make new arrangements for delivery. SaniChoice reserves the right to charge an additional delivery fee should it be required under these circumstances. Our sole liability for failing to deliver the Products timeously is limited to delivery being effected at a later agreed time at no additional charge.
Please arrange that you or your authorised representative, who is a responsible person, is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, SaniChoice will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. Where Sani Dispenser outsource their deliveries they cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the courier.
SaniChoice will indicate its acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will a contract between you and SaniChoice be completed. This is regardless of any communication from SaniChoice stating that your order or payment has been confirmed. SaniChoice will indicate its rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. Any products or services on the same order which have not been dispatched/delivered to you will not form part of the contract between you and SaniChoice. Delivery dates are estimates only, and as we process your order we will inform you if any products or services on your order turn out to be unavailable or delayed for any reason.
SaniChoice Pick-up/ Collection
You may place an order telephonically or by e-mail and once payment has reflected or you have paid by credit or debit card, you can collect your Products from our offices in Laser Park, Honeydew, Gauteng. To collect from our offices, you need to have received a confirmation of order.
Products may only be picked up from SaniChoice upon presentation of a valid proof of identity and the e-mail confirmation, which can be printed. Please ensure that the person you have named to pick-up the order presents one of the following forms of identification: South African ID; or South African driver’s licence; or Passport.
SaniChoice will refund a purchase for the exact amount paid less the following:
- any delivery costs already incurred by SaniChoice;
- any handling fee
If defective as above.
Refunds will only be processed onto the payment method that was used when the order was created, and into the account it was paid from e.g. credit card, EFT or eBucks.
A refund can take up to 7 business days to reflect in your account, and EFT refunds are subject to verification of your banking details. For more information, please refer to SaniChoice’s Return Policy.
RISK AND OWNERSHIP
Risk in the Products shall pass to you by acceptance of the Products by you or your authorised representative on delivery. SaniChoice will retain ownership in the Products until payment has been received in full.
All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by PFB alternatively PFB is the lawful licensee thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Website and/or any Website information as well as the database is the sole property of PFB.
COLLECTION OF COOKIES
The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure that the Products are utilised, handled, stored, installed, used, sprayed or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.
We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these Terms or the instructions on the Products.
LIMITATION OF LIABILITY
Whilst every attempt is taken by PFB to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
PFB shall not be liable to the Customer in any manner in the event of impossibility or delay of SaniChoice supply due to circumstances entirely beyond the control of SaniChoice, and where SaniChoice informed the Customer as soon as it became aware of impossibility or delay in the supply.
PFB shall not be liable to the Customer for Products delivered in good order and thereafter damaged in the possession of the Customer due to improper care or storage, use or application, contrary to any instructions and/or warnings provided or available for the goods, or any other direct or indirect act or omission by the Customer, its employees or agents resulting in the goods being damaged or causing harm to any person or damage to any property.
PFB shall not be liable for any harm caused by the Products to a third party if the harm caused to the third party is due to the Customer, its employees or agents providing inadequate instructions or warnings in respect of the Products to the third party.
We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.
While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
You hereby agree, as far as the law allows, to indemnify PFB against any loss, claim or damage suffered, or liability sustained by your or any third party acting for you, due to your or their use of our website and/or any thirty party websites linked to our website.
We shall not be liable to you in contract, delict (including for negligence) or otherwise:
· for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or
· for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
· for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; viruses, pandemics, acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
· Each provision of this clause operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.
Should you breach and of these Terms we reserve the right to cancel any Order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.
These Terms are governed by the laws of the Republic of South Africa.