Privacy Policy - Trade Tree

TERMS AND CONDITIONS OF SALE BETWEEN TRADETREE (SUPPLIER) AND CUSTOMER

ORDERS AND QUOTATIONS

Any Quotation given is not an offer by the Supplier to sell Products but constitutes an invitation by the Supplier to the Customer to do business with the Supplier. A Quotation may be revoked at any time by the Supplier.

Quotations are based on rates of exchange, freight charges, insurance, costs of labour and materials and other charges ruling at the date of the Quotation. Any variation occurring subsequent to the date of a Quotation in any of the aforesaid rates or charges, as the case may be, shall entitle the Supplier to vary the amount of the Quotation accordingly.

The Supplier may accept or reject in whole or in part any Order placed upon it by the Customer pursuant to a Quotation or otherwise. Accordingly, a contract shall only come into force between the Supplier and the Customer if after receipt by the Supplier of an Order, the Supplier confirms to the Customer that such a contract has been concluded or if the Supplier supplies, or tender to supply, the Products in question to the Customer.

An Order may be withdrawn until accepted or rejected by the Supplier. Any such Order shall upon acceptance thereof by the Supplier be irrevocable by the Customer.

It is important to note that some items are supplied via 3 rd Party partners, and while every effort is undertaken to ensure products are available this may not always be the case.

RETURNS

The Supplier reserves the right to levy a handling fee of a maximum of 10% (ten percent) of the Charges of the relevant Products on such Products returned to and accepted by the Supplier that is not defective. The Supplier is not obliged to accept the return of any Products unless the product is not proven to be defective or damaged by misuse and, and this clause shall not be used to imply that the Supplier shall be obliged to accept the return of any Products.

DELIVERY

Unless otherwise agreed, Products shall be delivered to the Customer, at the Supplier's Premises.

The Customer shall be responsible for procuring and arranging the transportation of the Products from the Supplier's Premises to any destination required by the Customer.

Delivery shall be completed when the Products are handed to the Customer or its agent at the Supplier's Premises and before loading commences.

Should the Supplier at the Customer's behest, agree to engage a courier to transport the Products for the Customer, then the following provisions shall apply: The Supplier makes use of third-party service providers to deliver Products to customers, which may vary from time to time. (“Courier”). By placing an Order the Customer acknowledges, confirms and agrees: (a) that the Supplier may disclose Customer Information to the Courier to be Processed so as to cause delivery of the Products to the Customer; and b) and agrees to be bound thereby. The Customer will be liable for the costs of delivery.
Products which constitute software (including audio, video, books, newspapers, periodicals or other digital data) and which is not described on the Price List as being written to a compact disk or deliverable in any tangible form, will be delivered to the Customer by way of a link emailed to the Customer together with any product key required to download the software onto the Customer's personal computer. The costs associated with any bandwidth to download the software will be for the Customer’s account. The Customer agrees that transmission of the download link will constitute delivery of the Product in question by the Supplier to the Customer. After completion of delivery, the Supplier shall not be responsible for the arrival of the Products at their destination or for any loss or damage to the Products from any cause whatsoever, while in transit. The risk in the Products ordered by the Customer shall pass to the Customer upon delivery. If the Customer fails to take delivery of the Products when delivery falls due, the Supplier shall be considered to have tendered and the Customer to have refused to accept delivery. In this event, the costs of storing the Products shall be for the Customer's account and shall be paid by the Customer to the Supplier on demand and the risk in the Products shall pass to the Customer (if for any reason it has not yet passed to the Customer). The Supplier does not guarantee timeous delivery for the supply of the Products on any specified date, but will endeavour to give delivery on the date stated in the Order. Notwithstanding any other provision in this Agreement to the contrary, the Supplier's obligation to deliver the Products shall in all cases be subject to the following conditions: (i) the availability to the Supplier of all materials and supplies required for the manufacture of the Products or their components, where the Products or components in question are being manufactured by the Supplier; (ii) the timeous receipt by the Supplier from its own suppliers of the Products or their components, where the Products or components in question are being purchased by the Supplier. The delivery dates shall be treated as approximate only and the Supplier does not guarantee the supply of the Products on any specified date. Under no circumstances shall the Customer be entitled to withdraw from or terminate an Order on account of any delay in delivery or have any claim of any nature whatsoever against the Supplier arising from late delivery. The Customer shall accept delivery whenever it is tendered and shall not be entitled to resile from an Order nor to any other right or remedy against the Supplier, the Supplier's Affiliates and their respective Personnel, successors and assigns on account of delays in effecting delivery, partial delivery or non-delivery, whether occasioned by any negligent act or omission on the part of the Supplier, the Supplier's Affiliates and their respective Personnel, successors and assigns. The Customer shall be obliged to inspect all Products upon delivery and shall endorse the delivery note as to any missing or damaged Products. No claims for missing or damaged Products shall be valid unless the delivery note has been endorsed as aforesaid and unless, in addition, the Customer notifies the Supplier in writing within 2 (two) Business Days of the delivery of the Products of the claim question and the Products relating to such claim, furnishing full details in regard thereto. If the Supplier is unable to deliver the Products to the Customer due to any act or omission on the part of the Customer, it shall be entitled to charge the Customer for the storage of the Products. The Supplier's delivery note, waybill or the debit note of any authorized carrier signed by the Customer or an employee or agent of the Customer shall be prima facie proof that the Products delivered thereunder accorded with the quantity reflected thereon and with that ordered. The onus shall then be on the Customer to prove the contrary.

OWNERSHIP

Ownership of the Products shall not pass to the Customer until the Charges (including interest) in respect of the Products in question have been paid in full. The provisions of this clause shall apply notwithstanding the installation of such Products at any premises or the accession thereof to any of the Customer’s goods or that the Products may be incorporated into or form part of other goods or change their essential character. All Products, whether fixed to immovable property or not, shall be deemed to remain movable property and be deemed to be severable without injury to either property.

WARRANTIES

Representations and Warranties If during the Warranty Period any Product purchased from the Supplier fails to comply with the Specifications, the Supplier shall at its election:

(a) repair the faulty Product; or

(b) replace the Product with another product which performs substantially the same as the faulty Product; or

(c) refund the Customer with the Charges of the faulty Product; or

(d) accept the faulty Product for a Warranty Claim by the Manufacturer and the Supplier shall be deemed to do so as agent on behalf of the Customer and where the merit of each Warranty Claim will be investigated by the

Manufacturer. The Customer shall deliver the Products for a Warranty Claim to the Supplier’s Premises, accompanied by the original tax invoice and packaged in their original packaging material.

Exclusions

The Supplier shall be relieved of all obligations in terms of this clause , if:

(a) repairs or modifications have been made by persons other than the manufacturer (or their nominee) of the Products, unless such repairs or modifications are made with the prior written consent of the manufacturer (or their nominee) of the Products;

(b) any Products are operated with any accessory, equipment or part not specifically supplied or approved in writing by the Supplier;

(c) the Products shall not have been operated or maintained in accordance with the manufacturer’s instruction, or under normal use;

(d) the Products shall not have been properly installed;

(e) spare parts and consumable parts other than those recommended for use by the manufacturer of the Products are fitted, attached or used on the Products. The Supplier shall be under no liability in respect of:

(a) any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Supplier's instructions (whether oral or in writing), improper use outside the Specifications,

damage to the Products caused by improper maintenance, service or repair by untrained personnel or technicians, and unauthorized alterations or modifications of the Products;

(b) parts, materials or equipment which are accepted in the industry to have a limited life expectancy or parts, materials or equipment, which need to be replaced at specified and published service intervals.

General Warranties

Customer warrants that: a) neither The Supplier nor any of its employees, contractors, agents or suppliers shall be liable for

negligent or innocent misrepresentations made to the Customer; b) it is the sole responsibility of the Customer to determine that the Products or Services ordered are suitable for the purposes of intended use;

INDEMNITIES

To the fullest extent permitted by Law, the Customer hereby indemnifies and holds harmless the Supplier, the

Supplier's Affiliates and their respective Personnel, successors and assigns harmless from and against any Losses arising from or in connection with this Agreement, including without limitation:

(i) Product liability claims;

(ii) Claims arising from the use, loss or disclosure of information contained on or linked to the Products;

(iii) Loss, injury or damage to real or tangible personal property or persons caused by the Products or their usage;

(iv) Loss arising from any violation of any Laws;

(v) Any fine or other penalty imposed by Law on the Customer or its Affiliate arising as a result of any act or omission of the Supplier or its Personnel;

(vi) Any breach by the Supplier of a warranty; or

(vii) Any other violation of rights of any third party not otherwise set forth in this clause.

PERSONAL INFORMATION

The Customer agrees and consents that the Supplier may consider, assimilate, store, utilise and Process its User Information as contemplated in this clause.

The Customer agree to the use and collection of Customer Information, which includes but is no limited to: the name of the Customer, the identity / registration number of the Customer, the Customer’s physical, postal and email address/es, the Customer's telephone numbers. the Customer's banking details, and internet usage information, click patterns, browsing habits, language preferences, browser settings, demographic information of the Customer.

The Customer warrants and represents that all information provided to the Supplier by the Customer will be true and accurate in all respects and the Customer will not furnish the Supplier with any information which constitutes a misrepresentation.

The Customer hereby authorises and consents to the Supplier to Process its Customer Information: in relation to the Ordering, sale and delivery of Products, to contact the Customer to confirm any Order, sale or delivery of Products, to inform the Customer of any features, offers, promotions, to process payments, for the detection and prevention of fraud, crime, to conduct market and customer satisfaction research and statistical analysis, for audit and record keeping purposes, in connection with any legal proceedings or to comply with any Law, to analyse Customer purchase patterns.

The Customer hereby consents to the disclosure and Processing of its Customer Information by:

- the Supplier, its employees, consultants, contractors and agents;

who facilitate the - ordering, payment and delivery or collection of Products, the storing, processing and analysing of the

Customer Information,
marketing to the Customer, compliance with any Law, invoicing, accounting records and/or auditing requirements, and compliance with any obligation to the Customer under this Agreement. The Customer may in accordance with the provisions of POPI request that its Customer Information be corrected or deleted.

SECOND HAND / SHORT-DATED PRODUCTS

a) The Goods are used and are, or may be, defective.
b) The Seller neither warrants that the Goods are fit for the Purchaser’s purpose.
c) The Goods are sold on an “as is” basis and the Customer shall solely be responsible for procuring the collection of the Goods and any and all costs involved in the removal of the Goods from the Seller’s premises.
d) Items may be checked at the Suppliers premises before purchase for suitability
e) No Returns on Second Hand and Short Dated Products

At Tradetree we believe shopping should be simple, inspiring, and personal. Our mission is to bring you high-quality products – without the hefty price tags.