TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES
1. Nature of agreement
1.1 These terms of sale apply to all goods and/or services supplied by JUST LIVING BY PEACHTA PTY (LTD) (the “Supplier”) inclusive of shipping.
1.2 No contract exists between you and the Supplier (JUST LIVING BY PEACHTA PTY (LTD)) for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment has been received. It is at this point that a binding legal contract is created, and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
2. Description and price of goods and services
2.1 The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, JUST LIVING BY PEACHTA PTY (LTD) will inform you as soon as possible and offer you an alternative product, or credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If the Supplier does not receive an order confirmation within 14 (Fourteen) days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 (Fourteen) day period, the Supplier will refund or credit you for any sum that has been paid by you or debited from your credit card for the goods or services.
2.4 In addition to the price stated for the goods or services, you may be required to pay a delivery charge for the goods.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction or set-off.
4.1 The goods you order will be delivered to the address you give when you place your order, except that deliveries are not made outside the borders of the Republic of South Africa (RSA).
4.2 If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
4.3 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage and delivery.
4.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.5 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
4.6 Kindly note that once the courier company has picked up your parcel from the Supplier it is out of the Supplier’s hands and the Supplier cannot be held responsible for late deliveries. Please phone the courier company if you are worried about the delivery time or day.
4.7 The Supplier assumes no liability for orders shipped to incomplete or incorrect shipping addresses supplied by the customer. Any additional fees for such orders will be the responsibility of the customer.
4.8 Parcels will only be dispatched once payment reflects and has cleared in the bank account if paying by EFT or bank deposit.
4.9 The Supplier cannot be held liable for missing or damaged parcels in transit, or any delays caused by the couriers or any third parties.
5. Transfer of risk and ownership of goods (Private Customers)
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Transfer of risk and ownership of goods (Business Customers)
6.1 If you are a business customer and until such time as ownership of the goods has passed to you, you are required to:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property;
6.1.2 Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts.
6.2.3 you encumber or in any way charge any of the goods.
7. Right of cancellation
7.1 Subject to any rights you may have in accordance with applicable consumer legislation, you will have the right to cancel your purchase at any time up to 10 (Ten) working days after you have received the goods, should you not be completely satisfied with your order. This right may only be exercised if the goods are returned unused and have not been made according to your express requirements and/or have clearly visible production errors which are inconsistent with the product ordered.
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, email or via the “Contact Us” section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone will not be regarded as sufficient notice.
7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned after prior arrangement to the address stated in the “Contact Us” section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or credit you within 30 (Thirty) days for any sum that has been paid by you or debited from your credit card for the goods. In all cases, we will deduct the delivery / carriage costs from the refund amount. You must return the goods to us at your own expense using an insured courier service.
7.5 Except in the case of faulty or flawed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer.
7.7 A reasonable handling fee may be charged on all returned items.
7.8 Save as provided for herein above, you will not have the right to cancel and/or return your order or claim a refund for any goods purchased from us.
8.1 All goods supplied by the Supplier are warranted free from defects in accordance with applicable legislation (to the extent that such legislation applies to the goods and services).
8.2 We will not accept any item that has physical damage which was not present at the time of collection from the Supplier. Physical damage is any damage that is not caused by any normal wear and tear. If we receive an item that is physically damaged, it will be returned to the buyer at their expense.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the Contact Us section of the website within 48 (Forty-Eight) hours of delivery.
8.4 If the goods supplied to you have a defect or should you have any other complaint about the goods, you should notify the Supplier (JUST LIVING BY PEACHTA PTY (LTD)) in writing via the Contact Us section of the website, as soon as possible, but in any event not later than 3 (Three) days from the date you discovered or ought to have discovered the damage, defect or complaint. Failure to do so will mean that the said defect occurred at the time when it is reported to the Supplier.
8.5 All promotional items and freebies do not carry any Warranty. JUST LIVING BY PEACHTA PTY (LTD) will not be held liable for any faults on these items, as they are provided “as is” from the respective manufacturer or free of charge.
8.6 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier´s instructions, or any alteration carried out without the Supplier´s approval.
9. Limitation of
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 Any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 For the avoidance of doubt, it is recorded that any damage, injury or death caused as a result of the accidental indigestion by a person or pet of any of our products will not constitute negligence on the part of the Supplier. The Supplier cannot reasonably prevent damage, injury or death by accidental indigestion of its product.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement, our products or services.
10. Special Promotions
10.1 Promotional items are valid during specific promotional times. Promotional items will not be provided prior to their respected start dates. All promotions are valid while stocks last, should stock deplete during the promotional time, JUST LIVING BY PEACHTA PTY (LTD) regretfully will not be able to further fulfil promotional give-aways. JUST LIVING BY PEACHTA PTY (LTD) cannot be held liable once stock has run out of promotional give-aways.
10.2 JUST LIVING BY PEACHTA PTY (LTD) reserves the right to amend or cancel the terms of any Promotion at any time without prior notice.
10.3 JUST LIVING BY PEACHTA PTY (LTD) is not responsible for lost, late, incomplete, invalid, altered, unintelligible or misdirected registration forms or submissions, which will be void. JUST LIVING BY PEACHTA PTY (LTD) is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that a Participant is prevented from participating in the Promotion.
11. Data Protection
As between you and us, you acknowledge that we own solely and exclusively, all rights, all title and copyrights in and to the content provided on the website, or are the sole users authorized to display this content within the site. All title and intellectual property rights in and to the content provided on the website is the property of JUST LIVING BY PEACHTA PTY (LTD), or is licensed and authorized for use solely for the purpose of display on the website, and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. When you use or download any content from the website you do not acquire any ownership of any such content, code, data or materials. Copying, reproducing, downloading, posting or re-posting any content from this website (for anything other than strictly personal, non-public and non-commercial use), is strictly prohibited and constitutes a violation of copyright laws.