TERMS & CONDITIONS
1.1 We The Pool Team South Africa Proprietary Limited with,
Registration number: 2014/276067/07 ,
Our physical address is:
19 Brunton Road
Founders View South
trading as The Pool Team on the website www.thepoolteam.co.za and its subsidiaries, associates and officers unless otherwise stated.
1.2 These Terms and Conditions govern the supply by us of any Products ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
1.3 In these Terms and Conditions:
a) “Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
b) “Acknowledgement” means our acknowledgement of your Order by email;
c) “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;
d) “Confirmation of Order” means our email to you, in which we accept your Order in accordance with clause 4.7 below;
e) “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.7 below;
f) “Customer” means individual who places an Order on the Site;
g) “Liability” has the meaning given to it in clause 9 of these Terms and Conditions;
h) “Order” means the order submitted by you to the Site to purchase a Product from us;
i) “You” means the Customer who places an Order;
j) “We” means The Pool Team as described above;
1.3.2 Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
1.3.3 Words imparting the singular shall include the plural and vice versa.
1.3.4 Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
1.3.5 References to “includes” or “including” or like words or expressions shall mean without limitation.
These Terms and Conditions are our copyrighted intellectual property and any use by third parties, even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action.
1.3.6 References to “clauses” are to clauses of these Terms and Conditions;
2. Your Status
To place an order with The Pool Team you must be 18 years or older.
3.1 These Terms and Conditions shall apply to all Orders and Contracts concluded by or with The Pool Team for the sale and/or supply of Products. When you submit an Order to The Pool Team, give any delivery instruction or accept delivery of any Products, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or verbally, are expressly waived and excluded.
3.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by the authorised person at The Pool Team.
4. How a Contract is formed
4.1 When placing an Order, you must register for an Account on the Site as detailed in clause 10, and you must follow the instructions on the Site as to how to place your Order and for making changes to your prospective Order before you submit it.
4.2 Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on the Site) together with the charges you must pay including VAT and cash handling fee, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa. Subject to clause 4.10 below, this is the total that you will pay for receipt of the ordered Product.
4.3 You shall pay for the Product by the following payment method, subject to The Pool Teams discretion:
4.3.1 Payment Via PayFast
The Pool Team makes use of this secure online payment facility, allowing our customer to use multiple payment methods via this single platform. For full terms and conditions and any disclosure notices please refer to www.payfast.co.za alternatively contact the administrator on [email protected]
4.4 When you submit an Order to the Site, you agree that you do so subject to the latest Terms and Conditions available on the Site at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit an Order.
4.5 Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
4.6 We shall not be obliged to supply the Product to you unless We have accepted your Order (by issuing a Confirmation of Order). Unless expressly stating that We accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or We may offer you an alternative Product (in which case we may require you to re-submit your Order first).
4.7 A Contract shall be formed, and We shall be legally bound to supply the Product to you when We accept your Order, unless performance becomes impossible for a reason beyond Our control. Acceptance shall take place when We expressly accept your Order by email in the form of a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by The Pool Team. Without affecting your obligation to pay us earlier, We may send an invoice to you at any time after We have accepted your Order. Until the time when We accept your Order, We reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If your Order is cancelled, either by you or by The Pool Team, before We have accepted the Order, then We will promptly refund any payment already made to us, by you or your credit or cheque card company, in respect of the cancelled Order.
4.8 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please firstname.lastname@example.org immediately. However, The Pool Team cannot guarantee that We will be able to amend your Order in accordance with your instructions.
4.9 We will, at all times do our utmost best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by The Pool Team as part of our acceptance procedure. If the price for the Order changes before we accept your Order, We will contact you and ask you to confirm whether you wish to proceed at the amended price.
4.10 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until We have sent a Confirmation of Order in relation to those Products.
4.11 You must only submit to The Pool Team, or our agent or the Site, information which is accurate and not misleading and you must keep it up to date and inform us of changes.
5.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order. Orders are only delivered to physical address, no PO Box addresses are allowed.
5.2 We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of order any order which we accept but we cannot guarantee any firm delivery dates
5.3 We shall aim to let you know if We expect that We are unable to meet our estimated delivery date, but, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.4 On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
5.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, We will inform you using the contact details that you provide to The Pool Team when you place your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
5.6 We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
5.7 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, We will not be liable for loss or destruction of the Product.
5.8 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
5.9 You shall ensure that you are ready for safe receipt of the Product without undue delay at any time reasonably specified by us.
5.10 If you are not available to take delivery or collection, Our carrier may leave a card giving you instructions on either re-delivery or collection from them.
5.11 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your payment already paid to The Pool Team under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.11(a) above) exceed such amount.
5.12 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
5.13 All Orders with a total cart value under R800 will incur a non-refundable delivery fee of R180 in addition to any other delivery fees applicable, this will be fully disclosed prior to you completing your order.
5.13.1 Standard Delivery will be free of charge for all orders with a total cart value over R800.
6.1 We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and The Pool Team, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product, unless otherwise agreed between you and The Pool Team.
7. Cancellation by Customer (Non-Faulty Product)
7.1 You are entitled to cancel any sale concluded on the Site within Fourteen (14) days of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 14 days from the order date).
7.2 No cancellation fees shall apply.
7.3 Delivery fees and cash handling fees, where applicable, are not refundable.
7.4 For more detail relating to returns of non-faulty Products, please contact the administrator on email@example.com.
8. Faulty Products
8.1 We warrant that:
- a) the Product will be delivered undamaged in the quantities ordered; and
b) the Product will conform with the manufacturer’s latest published instructions as set out on the Site or in our Product material at the time of your Order.
8.2 The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
8.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
8.4 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
8.5 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
- a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.
8.6 If you would like The Pool Team to replace (if reasonably possible eg. if product is still available or could easily be obtained by The Pool Team) or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to The Pool Teams or the manufacturer’s instructions for the Product; or
d) deteriorated through normal wear and tear, after delivery by The Pool Team, We may at our discretion decide not to replace or refund you for the Product and/or We may require you to pay all reasonable carriage costs and servicing costs at The Pool Team’s current standard fees and costs and charge this to your credit or cheque card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8.7 Special conditions and procedure for returns of defective products will apply, as set out in our Returns Policy. The special conditions are in line with the requirements of the Consumer Protection Act 68 of 2008.
9. Limitation of Liability
- 9. Limitation of Liability
9.1 This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
9.2 We will at all times do our utmost best to ensure that all information displayed on the Site and in any communications from The Pool Team is accurate, however, should any inaccurate information be published by The Pool Team (ie. incorrect Product description or price), despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that The Pool Team suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
a) be used for your personal use only; and
b) not be disclosed to any third party.
You allow The Pool Team to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. All payment made through our authorised online payment vender are subject to their security features and encryption.
11. Guarantee and complaints management
11.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
11.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
11.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that We assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five (5) Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
12. Data protection
13. Circumstances beyond our control (force majeur clause)
13.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
13.2 Either you or The Pool Team may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor The Pool Team shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
13.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
14.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in clause 16 of these Terms and Conditions.
14.2 Any notice given by post shall be deemed to have been served seven (7) Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.
15. Governing Law and Jurisdiction
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the clause 18 of these Terms and Conditions, you and The Pool Team submit to the jurisdiction of the South African courts.
Disputes between you and The Pool Team:
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and The Pool Team on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of The Pool Team, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from https://www.arbitration.co.za/downloads/expedited_rules.pdf
17. Address for Notices
The Pool Team chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 19 Brunton Road, Founders View South, Modderfontein, Johannesburg, with a copy to [email protected] (the sending of such copy being required in order for any notice to be considered validly delivered to The Pool Team).
18. Advertising on the Site
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site, published by the Advertising Standards Authority. All photography is for illustrative purposes only and specific styles are not necessarily stocked.
19.1 These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by The Pool Team from time to time, for so long as the Site exists and is operational, The Pool Team being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by The Pool Team). However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
19.2 No failure or delay, by The Pool Team or by you, in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish The Pool Team’s, or your rights under these Terms and Conditions or a Contract.
19.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
19.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
19.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
19.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
19.7 A full record of every sale and related transaction between you and The Pool Team shall be maintained on the Site for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter you shall be responsible for retaining your own record of the relevant sale or related transaction.
19.8 Any and all copyright subsisting in the Website, including theses Terms and Conditions, vests in The Pool Team and all rights not expressly granted are reserved.
19.9 When you visit the Site or send e-mails to The Pool Team, you consent to receiving communications from The Pool Team electronically and agree that all agreements, notices, disclosures and other communications sent by The Pool Team satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing .
19.10 These terms are subject to the provisions of the Electronic Communications and Transactions Act no. 25 of 2002 (the Act ) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
20. Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
Save for The Pool Team being liable to you “
a) under the Consumer Protection Act 68 of 2008 in relation to any products sold by The Pool Team to you via the Site; and
b) under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to The Pool Team’s payment systems not being sufficiently secure;
Neither The Pool Team nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, The Pool Team makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted [email protected]
Although the products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of The Pool Team and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.