Terms

Please take a moment to read these online shopping terms and conditions (“Online Shopping Terms”) to understand how they apply to your online purchase of any products.

1. Definitions
Within these terms and conditions – Cal-Mo(Pty)Ltd. being “The Seller” and “The Buyer” being the purchaser of any goods purchased from “The Seller” are set out under these terms and conditions.

2. Price
The prices for each Ordered Product shall be the prices indicated in the invoice. For the avoidance of doubt, all, taxes, shipping costs and other tariffs and charges associated with the delivery of the Ordered Products shall be added to the aggregate price of the Ordered Products and is payable by the Buyer. All payments shall be made in the currency specified in the invoice for the Ordered Products.

3. Delivery policy
Delivery of the Ordered Products Cal-Mo (Pty) Ltd. facilities located at Unit C4 Mount Royal, 657 James Crescent, Halfway House, South Africa. The courier for delivery of the Ordered Products shall be Courier guy or such other courier as may be designated by the Seller from time to time. The Seller shall initiate delivery of the Ordered Products upon the Seller confirming receipt of the Purchase Price paid by the Buyer. The Seller makes no assurance or commitment concerning the date of delivery of the Products, and shall have no liability for delay in delivery for whatever reason.

4. Customer Privacy policy
Cal-Mo(Pty)Ltd. shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal
information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

5. Payment options accepted
Payment may be made via Visa, MasterCard or others.

6. Card acquiring and security
Card transactions will be acquired for Cal-Mo(Pty)Ltd. via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

7. Customer details separate from card details
Customer details will be stored by Cal-Mo(Pty)Ltd. separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

8. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.

9. Responsibility
Cal-Mo(Pty)Ltd. takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.

10. Country of domicile
This website is governed by the laws of South Africa and Cal-Mo(Pty)Ltd. chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

11. Return and Refunds policy
Goods are not offered on a “sale or return” basis. In the event that you change your mind about an item, we may accept a return at our discretion provided the item is unused, in its original unopened packaging, any labels still attached and otherwise in a condition enabling us to sell the product as new. We reserve the right to apply a 20% handling charge to such transactions. We will not refund postage fees for items that are returned due to a change of heart.
Any complaints regarding defects in the Ordered Products that are apparent on normal visual inspection shall be made within 3 days of receipt of the Ordered Products, failing which the Ordered Products shall be deemed unconditionally accepted. If the Buyer notifies the Seller of such defect, the Buyer shall, at the Buyer’s sole cost and expense return any such allegedly defective Ordered Product to the Seller within 7 days of such notice. Provided the defective Ordered Product are received by the Seller within such 7 day period and, if the Seller acknowledges such defect, the Seller shall at its own option either deliver a replacement of the relevant Ordered Product or grant a credit note therefor. The Seller’s liability under this Clause 11 shall in all cases be limited to the price of the defective Ordered Products invoiced.

12. Warranty
The Seller warrants from the date of shipment of the Ordered Products, if properly transported and stored, that such Ordered Products are free of material defects. If any of the Ordered Products are defective during the Warranty Period, you will promptly notify us in writing of the defect and we may, at our option, either deliver a replacement or grant a credit note for the defective Ordered Products. The Seller’s liability for any breach of warranty under this Clause shall in all cases be limited to the price of the defective items invoiced. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW:
(I) THE SELLER HEREBY DISCLAIMS ANY FURTHER WARRANTY OR LIABILITY WHETHER BY STATUTE, COMMON LAW OR OTHERWISE AND WHETHER EXPRESSED OR IMPLIED, IN RELATION TO THE ORDERED PRODUCTS, AND(II) THE BUYER HEREBY AGREES AND ACKNOWLEDGES THAT THE SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHATSOEVER) IN RELATION TO THIS INVOICE OR THE ORDERED PRODUCTS. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT THE LIABILITY OF THE SELLER FOR FRAUDULENT MISREPRESENTATION AND/OR FOR DEATH OR PERSONAL INJURY ARISING AS A RESULT OF THE NEGLIGENCE OF THE SELLER.

13. Limitation of Liability
This Clause sets out each party’s entire liability to the other under the whole or any part of these Terms, whether in contract, tort (including, but not limited to, negligence), statute, common law or otherwise.
The Seller shall not be liable to the Buyer, whether in contract, tort, by statute or otherwise, in respect of any loss of profits and/or any special, indirect or consequential loss or damage arising out of or in connection with these Terms including, without limitation:
(a) loss or revenue;
(b) loss of anticipated savings or the use of money;
(c) loss of business and/or goods; or
(d) loss of goodwill.
Notwithstanding any other provision of these General Terms and Conditions of Purchase, neither the Seller or the Buyer excludes or limits liability for: (a) death or personal injury to the extent that such injury results from the negligence or wilful default of either party, its servants, agents or sub-contractors; (b) any breach of undertaking as to title, quiet possession, and freedom from encumbrance implied by law; and/or (c) fraudulent misrepresentation.

14. Variation
Cal-Mo(Pty)Ltd. may, in its sole discretion, change this agreement or any part thereof at any time without notice.

15. Company information
This website is run by Cal-Mo(Pty)Ltd. based in South Africa trading as Calgel and with registration number 2008/009616/07.

16. Cal-Mo(Pty)Ltd. contact details
Company Physical Address: Unit C4 Mount Royal, 657 James Crescent, Halfway House, 1685, South Africa.
Email: info@cal-mo.com Telephone: +27(0)116241101

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