TRADING TERMS AND CONDITIONS
All enquiries, advice, consultation, quotations or estimates provided by or orders placed with and/or all services rendered (All of the aforesaid is referred to herein collective as ‘the Initial Services’) or products provided by or on behalf of Double Trouble (‘the Company’) are subject to these terms and conditions (‘the Conditions’).
THE CLIENT AND AUTHORITY
The person requesting such Initial Services or to whom any Initial Service is rendered or products provided, is deemed to have read, had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the Initial Services or products are requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’). Where there is a conflict between the Conditions and any terms and conditions of the Client or any other terms, conditions, undertakings, promises, presentations or expectations not contained in the Conditions, the Conditions will prevail.
DETAILED DESCRIPTION OF PRODUCTS AND/OR SERVICES
Double Trouble is a business in the retail industry that markets Twin Prams, Single Prams, car seats, car seat bases, carry cots and other baby and child related products.
The Client acknowledges that it has selected or placed an order for the Product based on information gleaned from the Company’s brochures and/or website and/or display. It also acknowledges that such brochures and/or the website are a visual presentation only and that the Product may not appear exactly the same in reality. Conversely the Product on display, unless selected and bought by the Client, is for display purposes only and that the Product ultimately delivered to the Client may not be 100% similar to that on display.
PAYMENT REQUIREMENTS AND METHODS OF PAYMENT
Payment is required before each order is dispatched. We would appreciate payment on the day that the order is placed if not ordered on the online store.
Where a payment is made by EFT, the proof of payment must be provided to ensure no delivery delay. Please note that the EFT proof of payment notification must come directly from the bank in the form of an email or text message in order for the order to be dispatched prior to clearing of the payment. Should the proof of payment be emailed as an attachment the payment will need to reflect before the order is dispatched. Notwithstanding such EFT, payment will only be deemed to have been received once it is reflected in the account of Double Trouble.
Please quote your name and surname or business name as the reference.
Double Trouble accepts the following payment methods:
Bank transfer (EFT) into the Double Trouble Trading (Pty) Ltd bank account.
Credit card payments via Visa or Mastercard credit and debit cards ONLY. Double Trouble does not accept American Express and Diners Club credit cards.
Please note that Double Trouble does not accept cheque or cash deposits.
CREDIT CARD ACQUIRING AND SECURITY
Credit card transactions will be acquired for Double Trouble Trading (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 credit details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. This service is available on the Double Trouble online store only at www.double-trouble.co.za
Double Trouble is able to accept credit card payments at exhibitions using an FNB merchant machine to process the credit card transactions. Users may go to www.fnb.co.za to view their security certificate and security policy. FNB uses extended Validation SSL with 256-bit encryption to ensure that your credit card details are secure.
Credit card payments made using an FNB merchant machine may take at least 2 (Two) working days to clear. Double Trouble reserves the right in its sole discretion to delay the order until payment has cleared if the order is for a large amount.
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
If you have placed an order and for any reason decide to cancel it before payment is made, such cancellation will only be effective if conveyed to and received by us timeously and via e-mail. Cancellation of orders after payment has been completed by the client will attract a 15% (Fifteen percent) administration fee if the client has already made payment and requires a refund. The client will also be liable to pay for all the delivery fees to the client and for the return of the product to Double Trouble.
Prices of Products and Product components are quoted at the ruling daily exchange rate. Until the Company has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed.
Double Trouble offers free delivery to all major hubs or major centres.
- Aliwal North
- Bloemfontein (Hub)
- Cape Town (Hub)
- Durban (Hub)
- East London (Hub)
- Johannesburg (Hub)
- Port Elizabeth (Hub)
- Pretoria (Hub)
- Port Shepstone
Any other centres (‘Regional Areas’) may be subject to a surcharge. Please contact Double Trouble at firstname.lastname@example.org to request a quotation should you reside in a Regional Area. Should you purchase on the online store the “Request a Quote” will appear.
Subject to availability and receipt of payment, requests will be processed within 5 days and delivery confirmed by email.
Delivery to major centres takes 3 – 5 working days from day of dispatch. Regional Areas will take an additional 24 – 48 hours.
Double Trouble utilises the services of independent courier companies and these companies have their own terms and conditions which will apply between the client and the courier company and such conditions will prevail in case of a conflict with these terms and conditions.
- This is a door to door service.
- Deliveries will take place between 08:00 – 17:00, weekdays, Monday to Friday only.
- Deliveries on a Saturday will be subject to a surcharge.
- A tracking number will be e-mailed to you once the parcel has been couriered. All shipments can be tracked online.
Please note that the delivery will require someone to sign for and receive the parcels. Every effort will be made by Double Trouble to ensure that the delivery process will be conducted in a professional and efficient manner. Double Trouble will not be held responsible for delays caused by the client or the courier company.
Should the following situation arise; Incorrect delivery address provided from client.
Double Trouble will not be held responsible should parcels be signed for and collected at the delivery address provided. If the parcel is returned to Double Trouble we will then contact you to re-schedule the shipping. Please note that you will need to pay the delivery fee again before the parcel is re-shipped to you. It is essential that you ensure that the correct delivery address is provided.
The Client must provide the Company with access to the premises, parking, the building where the goods are to be delivered/equipment is to be dealt with and the required security passwords and any costs incurred delays due to a lack of access will be for the Client’s account.
OWNERSHIP AND RISK
Ownership in the Product remains vested in the Company until such time that the Price and all applicable taxes have been paid in full and are reflected in the Company’s bank account. All risk in and to the Product will pass to the Client upon delivery or collection, as the case may be. If the Company used a courier company to effect delivery, such courier company’s terms and conditions will apply to the delivery and will over-ride the Conditions.
It is strongly advised that the Clients takes out insurance for the theft, loss of or damage to the Product in the case of delivery at the request of the Client. The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all.
The offering on this website is available to clients residing in the Republic of South African only. Should you reside outside of the Republic of South Africa please send an enquiry to email@example.com.
RETURN AND REFUNDS POLICY
Double Trouble strives to ensure that all stock listed on the Double Trouble website is available for immediate shipment. If there is a case of stock unavailability Double Trouble will inform the client within 12 (Twelve) hours and offer a refund in full within 5 (Five) working days.
Double Trouble will accept the following returns:
1) If the product shipped has a defect or a quality problem
2) If an incorrect item was shipped by Double Trouble (Pty) Ltd
Please notify Double Trouble within 10 (Ten) days of the product being shipped if you have a reason to return a product. Notification after 10 days will result in the return not being authorised by Double Trouble.
Please be sure to read the product specifications before placing an order as Double Trouble will not accept a return of an incorrect item ordered. If you are still in doubt, address any queries or misapprehension to Double Trouble (via the ‘Contact Us’ icon) and/or to visit the frequently asked questions (via the ‘FAQ’ icon) before proceeding with any transaction.
- Contact Double Trouble by e-mail (firstname.lastname@example.org) or telephonically (Sharryn Watson on 083 712 1890) about the problem encountered (However all calls MUST be confirmed by e-mail or telefax).
- If Double Trouble authorises the return the product must be shipped back to Double Trouble within 7 (Seven) working days. The client will be responsible in ensuring that the product is adequately packaged to ensure that there is no damage to the product during transit.
- Double Trouble will send a courier to collect the product if required or the client can arrange its own courier.
- Once the return has been received by Double Trouble, the client will either be refunded their money or a replacement product will be shipped. This will depend on what is agreed between Double Trouble and the client.
Double Trouble 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 Protection of Personal Information Act, Act 4 of 2013 (POPI). The POPI may be downloaded from:
COMPETITIONS, PROMOTIONS AND LUCKY DRAWS
The rules applicable to any Promotional Competition (as defined in the Consumer Protection Act, Act 68 of 2008 – ‘the CPA’) will be published on the Double Trouble website.
Double Trouble reserves the right to cancel or amend a Promotional Competition at any time, without prior notice and it is your duty to check this Website for the latest version before entering into any Promotional Competition.
Promotional Competition entry is only permitted for clients residing in the Republic of South Africa.
- Employees, agents of Double Trouble and their families are not eligible to enter any Promotional Competition offered by Double Trouble.
- The Prize winner/winners will be chosen at random from all qualifying entries within 1 (one) week of the Promotional Completion closing date.
- The judges decision is final and no further correspondence will be entered into.
- The Prize winner/winners will be notified in writing by e-mail.
- The prize is not transferrable and cannot be exchanged for cash.
By entering our Promotional Competition/s you agree that if you win Double Trouble is permitted to announce you name as a winner on the Double Trouble website www.double-trouble.co.za, on Facebook and on Twitter.
Double Trouble takes responsibility for all aspects within its reasonable control relating to the transaction including sale of Products and services sold on this website, client service and support, dispute resolution but will not be liable for delays caused by the client or the courier company.
The Company shall not be liable for any loss or damage of whatsoever nature and howsoever arising unless due to the Company’s negligence. If such liability were to arise, it will be limited to the value reflected in the Quotation. However, the Company will under no circumstances be liable for any consequential, indirect or economic loss or damage whatsoever and howsoever arising.
Neither Party shall be liable for any loss suffered by the other Party arising out of delay in or prevention of performance of that party’s obligations in terms of the Agreement if such delay or loss is directly or indirectly caused by force majeure or an event beyond that party’s control, provided that: -
- The onus is on the Party alleging the occurrence of such an event to immediately notify the other Party of such event in writing;
- The Party delayed or prevented from performing its obligations by the occurrence of such an event shall do everything that could reasonably be expected of it in order to remedy the situation;
- If the delay in performance of any obligation exceeds 10 (ten) Business Days, the Parties will meet and endeavour to find an alternative means of performing the obligations in question. If the Parties fail to agree on such an alternative within a further 10 (ten) day period either Party shall be entitled to terminate or suspend the Agreement forthwith, upon written notice to the other party. During such period of suspension no obligations will arise.
- For the purposes hereof vis major and force majeure include acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts of war or public enemy, illegal strikes, interruption of transport, lockouts, combination of workmen, rationing of supplies, flood, storm, fire or (without limitation eiusdem generis) any other circumstances beyond the reasonable control of the Party claiming force majeure or vis major and comprehended in the terms force majeure or vis major.
Should either Party commit any breach of the Agreement, the other Party shall be entitled to terminate the Agreement only if such breach constitutes a material breach. A breach shall be deemed not to be a material breach if:
- it is capable of being remedied within a reasonable time and is so remedied within 14 (fourteen) days of receipt of written notice calling upon the defaulting party to do so, or alternatively,
- it is incapable of being remedied or is not remedied within the period set out above, if payment in money will compensate for such breach and such payment is made within 14 (fourteen) days after receipt of written request for such payment.
- Subject to the provisions above, if a Party commits a material breach of the Agreement and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring the breach to be remedied, then the aggrieved party shall be entitled, at its option, either to cancel the Agreement and claim damages or alternatively to claim specific performance of all the defaulting party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
- Failure to meet agreed standards of the SLA: a breach of the timeframe provided for a critical or category one issue will be deemed to be a material breach.
Any and all dispute arising out of or in connection with the Agreement including any question regarding its existence, validity or termination, shall be dealt with as follows:
- Firstly the manager director or equivalent of either party will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
- Notwithstanding the provisions of the preceding clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application
- No indulgence, extension of time, waiver or relaxation of any of the trading terms and conditions granted by a Party or a failure to enforce any provision of the Agreement shall constitute a waiver of any of that Party’s rights under the Agreement.
- Accordingly that Party shall not be precluded from, as a consequence of having granted such indulgence, extension of time, waiver or relaxation, exercising any rights against the other which may have arisen in the past or which may arise in the future.
- Furthermore no waiver of a subsequent breach nullifies the effectiveness of the provision itself.
Copyright and any other intellectual property rights in and to the Product remains vested in the Company. If third party licence agreements are to be used, the terms and conditions of such licences will apply.
The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to engage a lawyer to enforce or defend any of its rights or otherwise.
COUNTRY OF DOMICILE
These terms and conditions are governed by the laws of South Africa and Double Trouble chooses as its domicilium citandi et executandi for all purposes, whether in respect of court process, notice, or other documents or communication of whatsoever nature the address that appears in its quotations and the jurisdiction of the court that resides in such magisterial district will apply.
Double Trouble may, in its sole discretion, change this agreement or any part thereof at any time without notice and it is your duty to check this Website for the latest version before entering into any transaction (as defined in the Consumer Protection Act, Act 68 of 2008 – ‘the CPA’) with us.
The Conditions, the Quotation and any annexures thereto comprise the entire terms of the relationship between the parties (‘the Agreement’) and will be binding on each party’s successor in title. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or otherwise that is not included herein.
The company based in South Africa, trading as Double Trouble Trading (Pty) Ltd and with registration number 2012/107676/07.
Directors: Sharryn Watson
Bank: First National Bank
Branch Name: Tableview
Account Holder: Double Trouble Trading (Pty) Ltd
Account Type: Cheque
Branch Code: 250655
Account Number: 623 642 51 323
DOUBLE TROUBLE CONTACT DETAILS
Cell: 083 712 1890 (w/h)
Single Pram Enquiries:
Cell: 083 712 1890 (w/h)
Twin Pram Enquiries:
Cell: 083 712 1890 (w/h)
18 February 2016
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