ALL PERSONS THAT ACCESS THE WATERHOUSE WEB SITE OR ANY PART THEREOF ARE BOUND TO THE TERMS AND CONDITIONS OF THIS WEB SITE, ALL OF WHICH TERMS AND CONDITIONS ARE ENFORCEABLE AGAINST ANY SUCH PERSONS, IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 (THE “ECT ACT”).
USE OF THIS WEB SITE AUTOMATICALLY BINDS ANY USER TO THESE TERMS AND CONDITIONS. IF ANY USER DOES NOT WANT TO BE BOUND TO THE TERMS AND CONDITIONS OF THIS WEB SITE, THE USER MAY NOT ACCESS, DISPLAY, USE, DOWNLOAD, AND/OR OTHERWISE COPY OR DISTRIBUTE CONTENT OBTAINED AT THIS WEB SITE.
1. DEFINITIONS AND INTERPRETATION
a) “Waterhouse” means East Dune Trading (Pty) Ltd t/a Waterhouse (registration number: 2008/010619/07), a company duly registered in terms of the company laws of South Africa;
b) “Waterhouse web site” means the Waterhouse web site located at www.waterpumps.co.za;
c) “User” means any person that enters or uses the Waterhouse web site, including any person that only visits the home page of the Waterhouse web site;
d) References to the singular in the Waterhouse web site includes the plural and vice versa;
2.1 Waterhouse will take all reasonable steps to protect the personal information of all Users and as such subscribes to the principles, outlined in Section 51 of the ECT Act which governs User’s rights to privacy of personal information. In terms of this clause “personal information” shall be defined as in section 1 of the Promotion of Access to Information Act of 2000 (PAIA).
2.2 Waterhouse intends using personal or property particulars submitted by persons to Waterhouse via e-mail or the submission forms on this site only to respond to any specific request for information a User has made in this communication, and will not use this information in any other way or disclose it to any third party without express written consent, unless required to do so by law.
3.1 No person, business or web site may link to any page on this site without written consent from Waterhouse.
3.2 Hyperlinks are provided on this web site to web pages that do not form part of Waterhouse. Such links do not imply any endorsement, agreement on or support for the content of web pages not forming part of the Waterhouse web site.
3.3 Waterhouse is in no way responsible or liable for the content, access or inability to access such web pages not forming part of Waterhouse web site.
4.1 Waterhouse (including its owners, directors, employees, suppliers, Internet service providers, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
4.1.1 use of the Waterhouse web site;
4.1.2 inability to use the Waterhouse web site;
4.1.3 access or inability to access the Waterhouse web site;
4.1.4 access or inability to access web sites linked to the Waterhouse web site;
4.1.5 services and/or products provided by the Waterhouse web site;
4.1.6 content or information provided on the Waterhouse web site;
4.1.7 downloads and use of content from the Waterhouse web site;
4.1.8 any other reason not directly related to Waterhouse gross negligence.
4.2 Clause 4.1 is subject to sections 43(5) and 43(6) of the ECT Act, where applicable.
4.3 Waterhouse makes no express or implied representations or warranties that the content and services available from this web site are free from errors or omissions or that the services will be 100% uninterrupted and error free. Users are encouraged to report any malfunctions and errors.
4.4 This web site is available for any User with access to the World Wide Web to view ‘as is’, and has not been compiled or designed to meet each User’s individual requirements. Waterhouse will not be held responsible for any inconvenience, loss or damage that a User may suffer as a result of failure to meet such requirements. Users are encouraged to give feedback or comments on the site.
4.5 DISCLAIMER (E-MAIL)
4.5.1 The information in or attached to this e-mail message is confidential and is only intended for the person or entity to which it is addressed. Further, this information may be subject to legal privilege and client confidentiality. If you receive this e-mail through error, please notify the sender of this e-mail by return e-mail and delete the material from your computer system. Any review, retransmission, dissemination or other use of, or taking of any action reliance upon this information by persons or entities other than the intended recipient, is prohibited.
4.5.2 Waterhouse cannot be held liable for any harm or loss resulting from malicious software code or viruses in this message or attachments, including data corruption resulting there from. Employees or representatives of Waterhouse are not permitted to send unsolicited messages (“spam”) and Waterhouse cannot be held liable for their sending of such mail.
4.6 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.6.1 All information, content, materials, products and services included on or sold on or otherwise made available to the User through the Waterhouse web site are provide by Waterhouse on an “as is” and “as available” basis, unless otherwise specified in writing.
4.6.2 Waterhouse makes no representations or warranties of any kind, express or implied, as to the operation of the Waterhouse web site or the information, content, materials, products and services included on or sold on or otherwise made available to the User through the Waterhouse web site, unless specified in writing.
4.6.3 Waterhouse makes no representations or warranties, express or implied, that the information, content, materials, products and services included on or sold on or otherwise made available to the User through the Waterhouse web site is suitable for the purpose for which the User intended.
4.6.4 Waterhouse stocks a variety of products with warranties from the manufacturer and/or Waterhouse that vary depending on the product. Users are encouraged to contact Waterhouse directly and enquire about the warranties regarding the products included on or sold on or otherwise made available to the User through the Waterhouse web site.
4.6.5 In order for the User to determine whether the product is eligible for a warranty return, review the paperwork that came with the product or contact the manufacturer and/or Waterhouse directly.
4.6.6 The User expressly agrees that use of the Waterhouse web site is strictly at the sole risk of the User.
5.1 Any legal person that delivers or attempts to deliver any damaging code to this web site, to gain unauthorized access to any page on this web site, to tamper with any of the content or pages that constitute this web site or duplicate such pages or content will be prosecuted to the full extent of the law, and civil damages will be claimed should Waterhouse suffer any loss or damages as a result of such actions.
5.2 Waterhouse will take reasonable steps to ensure the security of the content of the Waterhouse web site (including information provided and collected from Users) from unauthorized access or disclosure. Although Waterhouse takes reasonable steps to ensure security, Waterhouse does not make any representation or warranties that the content will be 100% secure.
5.3 Waterhouse has no legal obligation to encrypt any content or communications from and to the Waterhouse web site. Further there is no legal obligation for Waterhouse to provide digital authentication for any web page on the Waterhouse web site.
5.4 Users are prohibited from creating, distributing or using any program, instrument or device to breach the security measures in place on the Waterhouse web site, any breach and Waterhouse will claim damages against any and all persons concerned with the breach or security failure.
5.5 Users will be liable for all resulting liability, loss or damages incurred by Waterhouse (including its owners, directors, employees, suppliers, Internet service providers, affiliates and agents) in the event a User commits any offence referred to in sections 85 to 88 of the ECT Act.
6.1 Except where noted otherwise, the Price displayed for products sold on the Waterhouse web site represents the full retail price excluding shipping and/or courier costs.
6.2 VAT is charged on all products purchased by the User, unless the sale transaction is determined by the South African Revenue Services (“SARS”) to be VAT exempt or VAT neutral. It shall be the obligation of the User to procure all relevant documentation and or exemptions from SARS for this purpose.
6.3 With respect to products sold by Waterhouse on the Waterhouse web site, Waterhouse cannot confirm the price of a product until the User places an order. Despite Waterhouse’s best efforts, a small number of products on the Waterhouse web site may be mispriced. If a product’s actual Price is higher then the price stated on the Waterhouse web site, Waterhouse will at its own discretion either contact the User for instructions before shipping or cancel the User’s order and notify the User of such cancellation.
7. RISK OF LOSS
7.1 All products purchased on the Waterhouse web site are made pursuant to a carrier and/or shipment contract. As such the risk of loss and damage for such products shall pass to the User upon delivery to the carrier.
8. SHIPPING AND DELIVERY
8.1 Every product purchased on the Waterhouse web site is subject to carrier and/or shipping costs for which the recipient of the product is liable.
8.2 Waterhouse will invoice the User for the aforesaid carrier and/or shipping costs, which the User agrees to pay to Waterhouse upon its issuing of the invoice.
8.3 Products for shipment to countries outside of South Africa may be subject to taxes, customs duties and fees levied by the destination country. The recipient of the shipment is the importer of record in the destination country and is liable for all import fees.
8.4 With respect to each product for which carrier costs and/or shipping costs and/or import fees are incurred, the User authorizes Waterhouse to designate a carrier to deliver the product and to act as the User’s agent with the relevant customs and tax authorities in the destination country, to clear the product, process and remit the User’s actual import fees for such product.
8.5 In the event that import fees are incurred by the User, Waterhouse will furnish the User with an estimate of the import fees that will be levied on the products that the User orders for shipment to countries outside of South Africa. By placing such orders the User agrees to allow Waterhouse to collect an import fees deposit for the applicable products ordered. This deposit will be used, on behalf of the User, to reimburse the designated carrier for import fees that they have paid on behalf of the User to the appropriate authorities of the destination country.
8.6 The User further agrees that the designated carrier may disclose to Waterhouse the amount of actual import fees levied on the products purchased by the User on the Waterhouse web site. In the event that the import fees deposit exceeds the actual import fees, We will gladly refund you if you are not 100% happy with your purchase.
9. PAYMENT METHODS
9.1 Waterhouse will invoice the User for all products and/or services that are ordered by the User on the Waterhouse web site.
9.2 The User agrees to make payment to Waterhouse for all products and/or services ordered upon the issuing of the aforesaid invoice.
9.3 Payments by Users must be made by credit card or electronic bank transfer, unless specified otherwise in writing by a duly authorized representative of Waterhouse.
10.1 Waterhouse returns policy varies depending on the User and/or the product. Users are encouraged to contact Waterhouse directly and enquire about the returns policy regarding the products included on or sold on or otherwise made available to the User through the Waterhouse web site.
10.2 A sale transaction between the User and Waterhouse may be cancelled within 7 (seven) business days from date of delivery of products purchased on the Waterhouse web site, provided such User is a natural person.
10.3 Waterhouse will only accept products returned by Users, where the sale transaction is cancelled as contemplated in clause 10.1, where such product(s) is in its original condition and in its original packaging and are returned to Waterhouse within 10 (ten) business days from date of delivery of products to the User. Products that are inter alia altered, damaged, used or missing accessories will not be accepted by Waterhouse.
10.4 Products returned to Waterhouse in terms of clause 10.3 above are done so at the User’s risk and expense.
10.5 Users who are eligible for refunds, being the purchase price excluding carrier costs and/or shipping costs and/or import fees, will receive same within 30 (thirty) days from date of Waterhouse’s acceptance of the returned products. We will gladly refund you if you are not 100% happy with your purchase
Product must be in the identical condition you purchased it in. Anything other than this will need to fall under our warranty condition. (Please see insert in the pump box) . ” For more details about our terms and conditions please call 011 4660 8250″
11.1 The User must contact Waterhouse and/or the manufacturer directly for repairs on products, provided the product is still under warranty and the User furnishes Waterhouse with a copy of an invoice with a valid invoice number.
11.2 Waterhouse and/or the manufacturer will not accept any products returned under warranty by the User for repairs, if the User has in any manner effected repairs himself to the product or by any other person not being Waterhouse or the manufacturer.
12. GOVERNING LAW AND JURISDICTION
12.1 This web site is controlled and operated by East Dune Trading (Pty) Ltd t/a Waterhouse, a company with limited liability duly incorporated and registered in accordance with the company laws of the Republic of South Africa, and therefore South African law and the jurisdiction of the South African courts shall govern any action or claim that may arise from the use or inability to use this web site or any product or service sold on the Waterhouse web site.
12.2 Furthermore, Waterhouse and the User agree to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg in the Republic of South Africa, in respect of any causes of action arising from these web site terms and conditions, save however that Waterhouse may institute proceedings against the User in any Court within the Republic of South Africa in its sole discretion.
13. WHOLE AGREEMENT AND SEVERABILITY
13.1 These Terms and Conditions constitute the whole agreement between Waterhouse and the User, and no terms and conditions that are not expressly stated in this agreement may be implied by either party.
13.2 Any failure by Waterhouse to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
13.3 Term(s) or Condition(s) on this web site shall be severable from the remaining Term(s) and Conditions in the event such Term(s) or Condition(s) are found to be unenforceable or invalid for any reason. The remaining Terms and Conditions shall remain enforceable and applicable.
14. UPDATING OF THESE TERMS AND CONDITIONS
14.1 Waterhouse reserves the rights to change, modify, add to or remove from portions or the whole of these Terms and Conditions at any time without notice. Changes to these Terms and Conditions will become effective upon such changes being posted to this web site.
14.2 It is the User’s obligation to periodically check these Terms and Conditions for changes or updates.
14.3 The User’s continued use of this web site following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
15. PAIA – Promotion of Access to Information Act
15.1 Waterhouse will provide information and documents on application or where good cause is shown in accordance with the regulations and recommendations of the South African Human Rights Commission in respect of the Promotion of Access to Information.
16. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
16.1 Content currently or anticipated to be displayed at this web site is the property of Waterhouse, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to content, trademarks, domain names, patents, design elements, software, database, text, graphics, icons and hyperlinks (“the Content”), and as such are protected from infringement by domestic and international legislation and treaties.
16.2 All rights to Intellectual Property on the Waterhouse web site are expressly reserved, therefore the Content may only be used with the permission in writing of an authorized representative of Waterhouse.
16.3 Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
16.4 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever without the permission in writing of the authorized representative of Waterhouse.