|Terms of Trade|
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR TRADING WITH G.A.N.G. Ceramic Design CC. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or trade with G.A.N.G. Ceramic Design CC.
Registered owners of www.handmadetiles.co.za
G.A.N.G. Ceramic Design CC t/a Southern Art Ceramics
Registration Nu: CK1995/53920/23
VAT No: 4250161124
Hemel & Aarde Village/ R43 Hemel & Aarde, Caledon turn off
PO Box 934
Tel +27(28) 316 3296
Fax +27(86) 518 8476
Mob +27(83) 232 9238
Members: Gerrit Oosthuizen and Gillian Greer
TERMS OF TRADEInterpretation
In these Terms:
2.1 Before you may make an offer to purchase a product or products using the G.A.N.G. Ceramic Design CC website it is necessary that you register as an client. Registration as an client is restricted to persons who may legally enter into binding and enforceable agreements.
2.2 No natural person under the age of 18 (eighteen) years, nor any person, whether a natural or juristic person, who, or which, is not lawfully permitted to enter into a binding and enforceable agreement may register as a client.
2.3 Any person who is not lawfully permitted to register as a client but who does so, shall be guilty of committing a fraud and G.A.N.G. Ceramic Design CC shall take whatever legal action it deems necessary to obtain the appropriate relief.
2.4 Any person acting as a representative of a juristic person when registering the juristic person as a client warrants that he or she is properly authorized to do so.
2.5 Registration as a client is free and does not oblige you to purchase any product or release information other than the information required to register on the G.A.N.G. Ceramic Design CC website.
2.6 The client, or its representative, warrants that complete and accurate information required to register the client has been provided to G.A.N.G. Ceramic Design CC.
3.1 On registration you, the client, or your authorized representative/s, will be allocated a user identity and be requested to select a password. Without a valid user identity and password the client will not be able to transact using the G.A.N.G. Ceramic Design CC website.
3.2 The client is solely responsible for ensuring the confidentiality of passwords selected by it and, where applicable, for ensuring that authorized representatives of the client are aware of their obligations to maintain the confidentiality of the passwords at all times.
3.3 Passwords selected by the client or its authorized representative authenticate the client or its authorized representative's identity. You agree that any communication or transaction that may be made using the passwords selected by the client or authorized representatives, shall be attributed to and binding on the client and the client shall be liable for any payments arising from the transaction or communication.
3.4 If you, the client, or any of your representatives, suspect that the confidentiality of a password selected by you or by your representative, has been compromised you shall immediately advise G.A.N.G. Ceramic Design CC of this fact by email. G.A.N.G. Ceramic Design CC shall, on receipt of the email, suspend access to the trading component of the G.A.N.G. Ceramic Design CC website using the compromised password, pending your further instructions.
3.5 The client shall remain responsible for all transactions effected prior to the suspension of the use of the password and liable for any payments that may flow from these transactions.
4.Termination and Suspension of Registration
5. General terms of trade relating to the G.A.N.G. Ceramic Design CC website
Invitation to do Business
5.1 The products or services which appear on the G.A.N.G. Ceramic Design CC website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services provided by G.A.N.G. Ceramic Design CC. Only when G.A.N.G. Ceramic Design CC has accepted your offer, will an enforceable agreement be transacted.
5.2 The price of any products or services sold through G.A.N.G. Ceramic Design CC shall be confirmed on the acceptance of your order by G.A.N.G. Ceramic Design CC.
5.3 Despite G.A.N.G. Ceramic Design CC's best efforts, products or services offered on the website may be miss-priced. If G.A.N.G. Ceramic Design CC discovers a miss-pricing, it will do one of the following:
5.3.1 If the correct price is lower than the stated price, we will charge the lower amount; or
5.3.2 If the correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.
Purchase from a Third Party Vendor
5.4 If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the G.A.N.G. Ceramic Design CC website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with G.A.N.G. Ceramic Design CC. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.
Place and Time of Agreement
5.6 Agreement to the terms of trade shall be deemed to have taken place in Hermanus, South Africa, and to have been accepted on each occasion that an offer is made by you to purchase goods and/or services from G.A.N.G. Ceramic Design CC.
5.7 All communications with G.A.N.G. Ceramic Design CC facilitated by the G.A.N.G. Ceramic Design CC website, or email communicated between you and G.A.N.G. Ceramic Design CC, shall be deemed to have been received, in the case of communications initiated by G.A.N.G. Ceramic Design CC, when the communication leaves the G.A.N.G. Ceramic Design CC website or email server, and in the case of communications initiated by the client, when it is received on the G.A.N.G. Ceramic Design CC website or email server.
5.8 Acceptance by G.A.N.G. Ceramic Design CC of an order placed by the client shall be deemed to have been accepted by G.A.N.G. Ceramic Design CC on written confirmation of the orders acceptance being communicated to the advertiser in writing.
5.9 The consideration due by the client shall be stipulated in the offer to procure products or services. The price offered shall, on acceptance by G.A.N.G. Ceramic Design CC, become due and owing on the date stipulated.
5.10 Payment shall be made by the client to G.A.N.G. Ceramic Design CC in the manner described and into the account stipulated by G.A.N.G. Ceramic Design CC on the tax invoice rendered to the client arising from a transaction concluded between G.A.N.G. Ceramic Design CC and the client.
5.11 The person accepting the terms of this agreement hereby binds him/herself in his/her personal capacity to honor and fulfill all obligations of the client under and in terms of these terms of trade and should G.A.N.G. Ceramic Design CC proceed against a person in terms of this provision all the terms stipulated in the terms of trade shall apply to such person.
6. Terms Relating to Orders
6.1 Certificate of indebtedness
6.1 A certificate under the signature of any director or manager appointed from time to time by G.A.N.G. Ceramic Design CC shall be prima facie proof of the following:
6.1.1The amount owed by the client to G.A.N.G. Ceramic Design CC at the time that the certificate is provided;
6.1.2 The rate of interest payable on the outstanding balance owed by the advertiser to G.A.N.G. Ceramic Design CC from time to time;
6.1.3 The dates on which the principal debt became due, payments have been received by G.A.N.G. Ceramic Design CC from the client and the interest on the outstanding balance.
6.2 Such certificate shall be valid for the purposes of proving to the arbitrator or any appropriate court what sum is due by the advertiser to G.A.N.G. Ceramic Design CC.
6.3 Orders are only accepted for production subject to the following conditions:
6.3.1 Although every effort will be made to meet the wishes of the client, the acceptance of any order does not guarantee production on any specified date or dates at all.
6.3.2 G.A.N.G. Ceramic Design CC reserves the right to edit, revise or reject, even after acceptance of an order , any order deemed to be untruthful, objectionable in subject matter or wording, or which may be regarded as unsuitable for any other reason, notwithstanding the fact that the order has been booked in advance or not.
6.3.3 G.A.N.G. Ceramic Design CC reserves the right to suspend production on any day without notice to the client.
6.3.4 No liability is accepted by G.A.N.G. Ceramic Design CC for failure to deliver the order, or for delivery on dates other than these stipulated by the client, or for any typographical, colour or any other errors of any kind.
6.3.5 No order submitted by the client shall be deemed to be accepted by G.A.N.G. Ceramic Design CC unless and until confirmed in Writing by G.A.N.G. Ceramic Design CC’s authorized representative.
6.3.6 G.A.N.G. Ceramic Design CC in entitled to refuse any order placed by the client.
6.3.7 The client shall be responsible to G.A.N.G. Ceramic Design CC for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the client, and for giving G.A.N.G. Ceramic Design CC any necessary information relating to the Goods within a sufficient time to enable G.A.N.G. Ceramic Design CC to perform the Contract in accordance with its terms.
6.3.8 The quantity, quality and description of the Goods and any specification for them shall be as set out in G.A.N.G. Ceramic Design CC’s quotation or literature but is subject to the following provisions of this clause.
6.3.9 G.A.N.G. Ceramic Design CC has a policy of continuous product development and reserves the right to amend the specifications of any Goods or products without prior notice in relation to future sales.
6.3.10 The G.A.N.G. Ceramic Design CC endeavors to display as accurately as possible the colours of the Goods that appear in the brochures, catalogs, website or any other literature made available to the Buyer, however G.A.N.G. Ceramic Design CC cannot guarantee the accuracy of any pictures or photographs that are shown.
6.3.11 Variation is inherent in all of our Goods and products. By purchasing our Goods you fully accept and appreciate products might not be identical, there may be variations in colour, shading, size, texture, crazing and other imperfections, which are usual in Goods of this nature.
6.3.12 The client understands and appreciates that only the finest materials are selected and accordingly appearances may vary. Some materials may mellow with age and exposure to sunlight.
6.3.13 All Goods must be checked on delivery and prior to installation, as no claim will be accepted once the Goods have been installed. Any claim for breakage must be made at the point of delivery, and no claim will be sanctioned after delivery is accepted.
6.3.14 If the Goods are to be manufactured or any process is to be applied to the Goods by G.A.N.G. Ceramic Design CC in accordance with a specification submitted by the client, the client shall indemnify G.A.N.G. Ceramic Design CC against all loss, damages, costs and expenses awarded against or incurred by G.A.N.G. Ceramic Design CC in connection with, or paid or agreed to be paid by G.A.N.G. Ceramic Design CC in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from G.A.N.G. Ceramic Design CC’s use of the client’s specification.
6.3.15 G.A.N.G. Ceramic Design CC reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the G.A.N.G. Ceramic Design CC’s specification, which do not materially affect their quality or performance.
6.3.16 The client accepts responsibility for the accuracy of orders placed with G.A.N.G. Ceramic Design CC, in all respects. Whilst employees of G.A.N.G. Ceramic Design CC may from time to time provide measurements, calculations, quotations, advice on suitability or quantity, taking every care to ensure accuracy ; G.A.N.G. Ceramic Design CC accepts no responsibility for discrepancies which may arise and affirms that any orders accepted from the client are deemed to have been checked by the client for accuracy.
6.3.17 No order which has been accepted by G.A.N.G. Ceramic Design CC may be cancelled by the client except with the agreement in Writing of G.A.N.G. Ceramic Design CC and on terms that the client shall indemnify G.A.N.G. Ceramic Design CC in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by G.A.N.G. Ceramic Design CC as a result of cancellation.
6.3.18 Orders are placed by the client, and accepted by G.A.N.G. Ceramic Design CC, on the understanding that no Contract may be rescinded on the basis of variations in colour, shading, size, crazing and any other minor imperfection.
6.3.19 It is acknowledged by the client that G.A.N.G. Ceramic Design CC will not in any way be liable for any loss or consequential damage as a result of the above mentioned possibilities materializing.
6.4 Price of the goods
6.4.1 The price of the Goods shall be G.A.N.G. Ceramic Design CC’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the G.A.N.G. Ceramic Design CC’s published price list, at www.handmadetiles.co.za, current at the date of acceptance of the order. Where the Goods are supplied for export from South Africa, the G.A.N.G. Ceramic Design CC’s published export price list shall apply. All prices quoted are valid for 14 days only or until earlier acceptance by the client, after which time they may be altered by G.A.N.G. Ceramic Design CC without giving notice to the client.
6.4.6 Orders provided by the client are accepted for a period not exceeding twelve months from date of the first order. Should a contract amount not be agreed on within the said period of twelve months, G.A.N.G. Ceramic Design CC reserves the right to make an adjustment of rate according to the volume of orders.
6..5 An client will be protected in terms of the quoted rates for a period of 14 days after the implementation date of any new tariffs or until the expiry date of his contract, whichever date is the earlier, where after the balance of the client's order will be subject to the new rate of tariffs.
6.6 G.A.N.G. Ceramic Design CC accepts no responsibility for the loss of or damage to any material supplied by the client. The sole risk of damage or loss of any material will rest with the client whilst such materials are being processed or are in possession of G.A.N.G. Ceramic Design CC. All materials must be claimed within 30 days after the order having been delivered where after no responsibility can be accepted by G.A.N.G. Ceramic Design CC.
6.7 The copyright of all original material created by G.A.N.G. Ceramic Design CC is vested in and remains the property of G.A.N.G. Ceramic Design CC.
6.8 The client expressly agrees and warrants the fact that the person signing on its behalf is authorized to enter into this contract. Despite the foregoing, the person signing as a client hereby binds himself in his personal capacity in solidum with his ostensible principal to honor and fulfill all obligations of the client under this contract and should G.A.N.G. Ceramic Design CC proceed against the person that signed the agreement, all the terms and conditions hereof shall apply mutatis mutandis.
6.9 Once G.A.N.G. Ceramic Design CC has accepted an order in writing, no cancellation of the order will be valid.
Risk and property
6.10. Risk of damage to or loss of the Goods shall pass to the client:
6.15.1 Any installation carried out by installers (whether recommended by G.A.N.G. Ceramic Design CC or not) is covered by the contract between the client and the installer and G.A.N.G. Ceramic Design CC shall have no liability to the client for the acts, omissions or defaults of such installers.
6.16 Warranties and Liability
6.16.1 Subject to the provisions of clause 6.3 and following provisions G.A.N.G. Ceramic Design CC warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of  months from the date of their initial use or 6 months from delivery, whichever is the first to expire.
6.17.1 Delivery of the Goods shall be made by the Client collecting the Goods at G.A.N.G. Ceramic Design CC’’s premises at any time after G.A.N.G. Ceramic Design CC’ has notified the Client that the Goods are ready for collection or, if some other place for delivery is agreed by G.A.N.G. Ceramic Design CC’, by G.A.N.G. Ceramic Design CC’ delivering the Goods to that place.
6.17.4 Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by G.A.N.G. Ceramic Design CC’ to deliver any one or more of the instalments in accordance with these Terms or any claim by the Client in respect of any one or more instalments shall not entitle the Client to treat the Contract as a whole as repudiated.
6.17.8 If G.A.N.G. Ceramic Design CC’ is unable to deliver the Goods due to there being no safe means of access to the place of delivery, G.A.N.G. Ceramic Design CC’ shall be entitled to cancel the Client's order and charge the Contract price for the Goods.
7.1Should any dispute arise between the parties in terms of this agreement such dispute shall be dealt with informally before an advocate of the Caledon Bar, agreed on by the parties, and failing such agreement, by and advocate nominated by the Chairman of the Bar Council. A decision of the said advocate in the proceedings shall be final and binding on the parties. All such proceedings shall be held in Caledon and the language of the arbitration shall be English.
7.2If the dispute relates to technical issues arising from the use of the G.A.N.G. Ceramic Design CC website the advocate nominated to hear the dispute shall, if necessary, be entitled to hear evidence of a computer expert either agreed between the parties or, failing such agreement, nominated by the Chairperson for the time being of the Computer Society of South Africa, whose evidence shall be regarded as expert evidence for the purposes of deciding the dispute.
7.3The advocate shall be entitled to order an award of costs relating to the arbitration, which award shall be final and binding on the parties.
7.4Nothing in this disputes resolution clause shall prevent either party from approaching a court for relief of an urgent nature in circumstances in which such relief cannot be given, or cannot be urgently given, by the arbitrator.
Should any party breach any provision or term of this agreement and fail to remedy such breach within 7 (seven) days or such shorter period as this agreement may expressly stipulate, of receipt of written notice requiring such party to do so, the aggrieved party shall be entitled, without prejudice to any other remedy which may be available to it in terms of this agreement or at law, to claim specific performance of any obligation, or to cancel this agreement, in either case without prejudice to its rights to claim damages.
9.1 Either party may if the other party;
9.1.1 is the subject of any legal proceedings concerning its solvency; or
9.1.2 ceases trading; or
9.1.3 commits an act of insolvency; or
9.1.4 makes an arrangement or compromises with its creditors; or
9.1.5 an order is granted by a competent court - placing the party under judicial management or provisional or final liquidation of the party; or
9.1.6 it has become unable to pay its debts within the meaning of the insolvency legislation of any country to which that party may be subject; or
9.1.7 fails to remedy a breach within the time-limit prescribed in the breach provisions of this agreement provided for in 7,
9.1.8 immediately terminate this agreement by notice in writing.
9.2 Any termination of this agreement will be without prejudice to any other rights or remedies of either party under this agreement or any applicable law and will not in any way affect any accrued rights or liabilities of either party at the date of termination.
10.Certificate of Indebtedness
10.1 A certificate under the signature of any director or manager appointed from time to time by G.A.N.G. Ceramic Design CC shall be prima facie proof of the following:
10.1.1The amount owed by the client to G.A.N.G. Ceramic Design CC at the time that the certificate is provided;
10.1.2The rate of interest payable on the outstanding balance owed by the client to G.A.N.G. Ceramic Design CC from time to time;
10.1.3The dates on which the principal debt became due, payments have been received by G.A.N.G. Ceramic Design CC from the client and the interest on the outstanding balance.
10.2Such certificate shall be valid for the purposes of proving to the arbitrator or any appropriate court what sum is due by the advertiser to G.A.N.G. Ceramic Design CC.
11.Addresses and Notices
11.1 For the purposes of this agreement, including the giving of notices and the serving of legal process, the parties choose the following contact details:
11.1.1 G.A.N.G. Ceramic Design CC:
11.1.2 The client at the physical address, telephone number and email address chosen by it in registering to use the G.A.N.G. Ceramic Design CC website to place orders.
11.2 A party may at any time change its contact details by notice in writing to the other party provided that the new physical address is an address in South Africa at which process can be served, such new contact details being effective on receipt by the addressee of such written notice.
11.3 Any notice given in connection with this agreement shall:
11.3.1 be delivered by hand; or
11.3.2 be sent by prepaid registered post; or
11.3.3 be sent by telefax (if the domicilium includes a telefax number),
11.3.4 be sent by email (if the domicilium includes an email address)
11.4 to the address, telefax or email address chosen by the party concerned.
11.5 A notice given as set out above shall be deemed to have been duly given:
11.5.1 if delivered, on the date of delivery;
11.5.2 if sent by post, 10 (ten) days after posting;
11.5.3 if sent by telefax, on the day that the telefax is transmitted
11.5.4 if sent by email, on the day that it enters an information system outside of the control of the addressor and if the parties are in the same information system, on the day that it becomes capable of being retrieved by the addressee.
12. Entire Contract
This agreement constitutes the entire contract between the parties with regard to the matters dealt with in this agreement and no representations, (save for any fraudulent misrepresentations) terms, conditions or warranties not contained in this agreement shall be binding on the parties.
13. Variation and Cancellation
No agreement varying, adding to, deleting from or canceling this agreement, and no waiver of any right under this agreement, shall be effective unless reduced to writing and signed by or on behalf of the parties.
14. No Representations
None of the parties may rely on any representation, which allegedly induced that party to enter into this agreement, unless that representation is recorded in this agreement.
No indulgence granted by a party nor the partial exercise by any party of any power, right or privilege shall constitute a waiver of any of that party's powers, rights or privileges under this agreement and that party accordingly shall not be precluded, as a consequence of having granted such indulgence or partially exercised any power, right or privilege, from the exercise of that, or any other power, right or privilege, which may have arisen in the past or which may arise in the future.
16.1 The client may not cede his/her/its rights nor assign his/her/its obligations without the prior written consent of G.A.N.G. Ceramic Design CC, which consent will not be unreasonably withheld.
16.2 G.A.N.G. Ceramic Design CC may, in its discretion, cede its right and assign its obligations to a third party.
17. Applicable Law
The interpretation, construction and effect of this agreement and the rights and obligations of the parties hereto shall be governed by the laws of the Republic of South Africa.
If any provision of this agreement is found or held to be invalid or unenforceable, the validity of all the other provisions hereof will not be affected thereby and the parties agree to meet and review the matter and if any valid or enforceable means is reasonably available to achieve the same object as the invalid or unenforceable provision, to adopt such means by way of variation of this agreement.
19.2 The client agrees that the use of the password selected by either client or any of its representatives, as the case may be, shall bind the client to the transaction concluded by the client or its representative.
19.3 The client shall express its intent to be bound by the terms and conditions stipulated and enter into the transaction facilitated by the G.A.N.G. Ceramic Design CC website by clicking the "accept" button provided to confirm the transaction.