Terms & Conditions
- “Customer” means the person identified in Schedule A, being the purchaser of the Products.
- “Delivery Address” means the address identified in Schedule A as being the address where the Products will be delivered.
- “Products” means the goods in Schedule A as ordered from Supplier by Customer, and including any future Products ordered.
- “Supplier” means The Best Grow (Pty) Ltd
- All Products provided by Supplier to Customer are subject to these terms of sale, and Customer is deemed to accept them on placement of any order with Supplier. This agreement will apply to the sale of any Products in future to Customer where a similar agreement does not accompany such sale.
Price and Payment
- Prices are quoted inclusive of VAT except where otherwise indicated and are subject to increase to such extent as Supplier may consider reasonable having regard for any subsequent change in the Delivery Address, transport costs, exchange rate fluctuations or any unanticipated duty or levy, whereupon Customer will be notified of the amended pricing.
- Pricing is not subject to discount unless expressly agreed to by Supplier, in which event any discount awarded will apply to the nett price of the Products, and not to any ancillary requirements such as (as applicable) delivery, attachments, accessories, storage, or installation.
- Supplier quotations are valid for 7 (seven) days from date of the quote and are subject to availability of the products.
- Standard terms of payment are payment of a 100 (hundred) % deposit on placement of the order, unless otherwise agreed in writing by Supplier.
- Where Customer requires the Products to be delivered, Supplier will be entitled to charge a delivery fee in accordance with Supplier’s standard schedule of charges in respect of each delivery or delivery attempt made.
- Outstanding amounts will attract interest at 2% per month.
- If Supplier grants Customer a credit facility or alternative payment terms, this will be entirely at Supplier’s discretion. Supplier will be entitled to alter the terms or cancel any credit facility at any time.
- Products will be made available for collection by Customer from Supplier’s address. Collection, whether by Customer, Customer’s agent, or a courier, will constitute valid delivery. Risk in and to all Products passes to Customer on delivery.
- Products will be delivered by Supplier to the Delivery Address where requested by Customer and agreed to by Supplier. Customer undertakes to liaise with, as applicable, the owner, landlord, tenant, occupant or other person/s to arrange access to the Delivery Address for the purpose of delivery.
- Customer will ensure a competent person is present for the duration of the delivery. Supplier will not be responsible for any breakages, theft or other losses at the Delivery Address or during delivery. The signature of Customer’s employee, agent, or courier appearing on Supplier’s delivery note constitutes proof of delivery.
- Time is not of the essence and delivery/collection dates are approximate only and may be subject to delays for causes outside of Supplier’s control, including delayed supply of materials, strike or act of God. Under no circumstance will Customer have any claim against Supplier arising from late delivery.
- In terms of s20 (read with s19) of the CPA (Consumer Protection Act), if customer is seen as consumer in terms of the CPA and consumer has not had the opportunity to examine or inspect the actual goods received before purchase, they are entitled to inspect the goods on delivery. If on this initial inspection they find that the goods do not meet the ‘type’ or ‘quality’ they could reasonably expect from the agreement; or if the goods were made in
terms of a special or ‘custom’ order, and they goods do not reasonably conform to the specifications of the order; then the consumer can refuse delivery, receive a full refund, and the consumer can cancel without penalty. The Supplier will have to pay the costs to return the goods.
Warranty and Returns
- Supplier will take precautions to ensure that the Products provided are in accordance with the Customer’s specifications. However, it is Customer’s responsibility to determine whether the Products are suitable for the intended use.
- In terms of s55(3) (read with s20) of the CPA, if customer is seen as consumer in terms of the CPA and consumer informs Supplier that the goods are being bought to fulfill a particular purpose, and the supplier advises that the goods will meet this particular purpose then;
- Customer may return Products within 10 days of delivery provided the Products are unused, in a saleable condition, and in their original packaging, in which event a 15 (fifteen) % handling fee will be charged. Customer will bear all costs of returning Products; or
- Customer may return Products within 10 days of delivery if the Products are not suitable for the particular purpose
- Products are covered against workmanship defects for 6 (six) months from date of delivery unless product specific warranty states otherwise from the original manufacturer. Such warranty excludes: abuse; accidental damage; wear and tear; damage caused by third parties, pets or acts of God; use of the Products other than for their intended purpose; unauthorised changes made to the product by the consumer, without prior authorisation, or use of the Products other than in accordance with manufacturer’s specifications.
- Clients who purchase products from www.thebestgrow.co.za website automatically acknowledge and accept the obligation to adhere to the warranty terms of each respective product manufacturer. Furthermore, the Supplier shall not bear liability in cases where the original manufacturer declares bankruptcy, becomes insolvent, or ceases its operations due to any circumstances.
- In terms of s16 of the CPA, if a consumer has bought goods as a result of direct marketing, then for a period of 5 days after receiving the goods, the consumer can: return the goods, cancel the entire contract without penalty, and receive a full refund. The consumer will have to pay the costs to return the goods.
- It is important to note that despite the above, the consumer is not entitled to return goods for any of the above reasons if regulation prohibits the return of those goods to a supplier once they have been supplied to a consumer (for reasons of public health or public), or after having been supplied to a consumer, the goods have been partially
or entirely disassembled, altered, added or combined with other goods or property.
- In terms of s56 (read with s55) of the CPA, all goods sold to a consumer, if customer is seen as consumer in terms
of the CPA, are sold with an implied warranty of quality, that cannot be contracted out of or revoked. The warranty gives the consumer the right to receive goods that are reasonably suitable for the purpose that they are intended to be used for, are of good quality, free of defects and in good working order and will be durable and usable for a reasonable period of time.
- If goods are found not to comply with these requirements (in clause 24 above) then, for up to 6 months after receiving the goods, the consumer can return the goods, get the goods replaced or get the goods repaired.
However, a consumer will not be able to return the goods because it was defective or not suitable for the purpose if the consumer was made aware of the specific defects, and the consumer agreed to receive the goods in that condition.
- In terms of s56 of the CPA, the consumer can decide whether to choose the refund, replacement or repair of the goods.
- If customer bought any of the goods online, the Electronic Communications and Transactions Act (ECT Act) will apply to the transaction. The ECT Act has its own consumer protection provisions, some of which will trump the CPA. Specifically, the reasons for returns listed above do not apply if the ECT Act’s provisions apply to the
transaction. Instead of these rights of return, consumers have; a general right to return (a “cooling off period”); for seven days after delivery; for any reason; without penalty; but the consumer must pay the costs to return the goods.
- Ownership in Products sold and delivered to Customer remains with Supplier and will only pass to Customer when all amounts due by Customer to Supplier have been paid in full and cleared by Supplier’s bank, notwithstanding delivery.
- Customer acknowledges that, until payment has been made in full, the Products will remain movable property and agrees that there is no intention that the Products accede to any property. Customer will, as applicable, notify the lessor of the Delivery Address of Supplier’s ownership of the Products, and indemnifies Supplier should Customer
fail to appropriately give notification. Customer will not, without the prior written consent of Supplier, sell, modify, transfer or encumber the Products or any interest therein until the full amount has been paid.
- If either party defaults in terms hereof and remains in default for 20 (twenty) business days after receipt of written demand, the aggrieved party may elect to either claim specific performance or to terminate this agreement, and to claim damages.
- If Supplier institutes action against Customer for the payment of outstanding amounts, Customer agrees to pay all costs on the attorney and customer scale.
- Customer nominates its physical address in Schedule A as its address for the receipt of any communications or notices, or such other street address as advised by Customer in writing from time to time.
- Supplier will not be liable to Customer or any third party for any indirect, consequential or special damages or any injury, death or loss of profit of any nature that may be suffered for any reason. Customer indemnifies Supplier against any such damages or claims.
- No relaxation or indulgence granted by Supplier will be a waiver of any of the terms set out herein.
- These terms and conditions constitute the whole agreement between the parties. No addition, amendment or variation hereof will be of effect unless reduced to writing and signed by the parties.
- Every attempt has been made to ensure that this agreement accords with all legal requirements. Any noncompliance is not intended. If any provision hereof is held to be unenforceable for any reason, such provision will be adjusted, if possible, to achieve the original intent to the extent possible and within legal parameters. If adjustment is not possible, such provision will be deleted from this agreement, and all other provisions will remain valid and enforceable.
- Deposits and Payments: A deposit is required to initiate the production process for custom made orders. Once the deposit is made, it becomes non-refundable under any circumstances.
- Cancellation Period: The customer has a cancellation window of 24 hours from the date of order confirmation to cancel free of charge. If the cancellation is made within this 24-hour period, any deposits made will be fully refunded.
- Requesting a Cancellation: To request a cancellation within the free cancellation period, please contact our customer service team via phone or email. Please provide your order details, including the order confirmation number, to facilitate the cancellation process.
- Cancellation after 24 Hours: If the cancellation request is made after the 24-hour cancellation period has expired, the deposit becomes non-refundable. In such cases, the customer will be responsible for any remaining balance, if applicable, based on the progress of the custom made order.
- Any refund due has a standard processing time between 45 – 90 days.
- Order Changes: If you wish to make changes to your custom made order after the 24-hour cancellation period, please contact our customer service team to discuss your requirements. We will make every effort to accommodate your changes, but please note that any changes may affect the delivery timeline and final cost. Depending on the nature and complexity of the changes, additional charges may apply. Any costs associated with the production of the original order will be the responsibility of the client.Our customer service team will provide you with the updated cost details before proceeding with the changes.
- Change Requests Procedure: To request changes to your custom made order, please contact our customer service team via phone or email. Provide your order details, including the order confirmation number, and clearly state the changes you wish to make. Our customer service team will review your request and provide you with the necessary information regarding feasibility, cost, and timeline for implementing the changes.
- Exceptions: In the event of exceptional circumstances beyond the customer’s control, such as force majeure events or production issues from our end, we reserve the right to review and consider refund requests on a case-by-case basis. We will evaluate such requests based on the specific circumstances and provide a fair resolution.
- We expect customers to understand that the non-refundable nature of deposits is essential to cover the costs associated with materials, labor, and other expenses involved in the production of custom made orders.