Terms and Condtions

TERMS & CONDITIONS

Introduction

1. This website (www.chamdor.com) is owned and operated by New Lee Trading (Pty) Ltd T/A Chamdor Faktry Sales (“Chamdor”, “we”, “us” and “our”)
2. For purposes of the Electronic Communications and Transactions Act 25 of 2002 (“the ECTA”) Chamdor’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on this website:

2.1. Full name: New Lee Trading Chamdor (Pty) Ltd, a private company registered in South Africa with registration number 2011/130324/07

2.2. Main business: Fabric and Haberdashery retailer

2.3.  Physical address for receipt of legal service (also postal and street address): 11 Adcock Street, Chamdor, Krugersdorp (Mogale City), Gauteng, South Africa

2.4.  Phone: 011 762 1401 / 011 762 1410

2.5.  Email: wr@chamdor.com

Important Notice

1. The terms and conditions set out below apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. These terms and conditions contain provisions that appear in similar text and style to this clause and which –

2.1.  may limit the risk or liability of Chamdor; and/or

2.2.  may create risk or liability for the user; and/or

2.3.  may compel the user to indemnify Chamdor or a third party; and/or

2.4.  serves as an acknowledgement, by the user, of a fact.

3. Your attention is drawn to these terms and conditions because they are important and should be carefully noted.
4. If there is any provision in these terms and conditions that you do not understand, it is your responsibility to ask Chamdor to explain it to you before you accept the terms and conditions or continue using the Website.
5. Nothing in these terms and conditions is intended or must be understood to restrict, unlawfully, limit or avoid any right or obligation, as the case may be, created for either you or Chamdor in terms of the CPA.
6. Chamdor permits the use of this website subject to the terms and conditions. By using this website in any way, you shall be deemed to have accepted all the terms and conditions unconditionally. You must not use this website if you do not agree to the terms and conditions.

Use of the Website

1. These website terms and conditions (“terms and conditions”) govern the ordering, sale and delivery of goods, and the use of this website.
2. These terms and conditions are binding and enforceable against every person that accesses or uses this website (“you”, “your” or “user”),
3. By using this website you acknowledge that you have read and agree to be bound by these terms and conditions.
4. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these terms and conditions and to be liable and responsible for you and all your obligations under these terms and conditions
5. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these terms and conditions.

Returns

Please refer to our returns policy for information regarding returns, refunds and exchanges.

Conclusion of sales and availability of stock

1. Once you register, you may place orders for goods, which Chamdor may accept or reject. Whether or not Chamdor accepts an order depends on the availability of the goods, correctness of the information relating to the goods (including without limitation the price) and receipt of payment or payment authorisation by Chamdor for the goods.
2. NOTE: Chamdor will indicate the acceptance of your order by delivering the goods to you (at your cost) or allowing you to collect them (at your cost) , and only at that point will an agreement of sale between you and Chamdor  come into effect (“the sale”). This is regardless of any communication from Chamdor stating that your order or payment has been confirmed. Chamdor may cancel or reject a confirmed order and will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
3. Prior to delivery or your collection of the goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the goods, you may return the goods only in accordance with the Returns Policy.
4. Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such goods, and as such, goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Chamdor liable if such goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5. You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice to you. In the case of goods for sale by Chamdor, Chamdor will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the website. However, we cannot guarantee the availability of stock. When goods are no longer available after you have placed an order, Chamdor will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
6. In our efforts to provide prompt, cost effective and efficient services to all our customers, we will regrettably not  accept orders  for cutting of fabric, if, in the opinion of management, it will result in a disproportionate use of resources, and/or increase the risk of error to an unacceptable degree

Payment

1. Payment can be made for goods via, direct bank deposit or electronic funds transfer into our bank account
2. If you pay via direct bank deposit or electronic funds transfer, payment must be made within 3 working days of placing your order.
3. Chamdor will not accept your order if payment has not been received.

Delivery

Please refer to our shipping policy for information regarding delivery and/or shipment.

Errors

1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of goods on the website. However, should there be any errors of whatsoever nature on the website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Copyright and links

1. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
2. All trademarks reproduced in this website which are not the property of, or license to us are acknowledged on the website.
3. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
4. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Changes to these terms and conditions

1. Chamdor may, in its sole discretion, change any of these terms and conditions at any time. It is your responsibility to regularly check these terms and conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
2. Any such change will only apply to your use of this website after the change is displayed on the website. If you use the website after such amended Terms and Conditions have been displayed on the website, you will be deemed to have accepted such changes.

Limitation of liability

1. Chamdor cannot be held liable for any inaccurate information published on the website and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or wilful misconduct of Chamdor, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
2. CHAMDOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
3. YOU HEREBY INDEMNIFY CHAMDOR AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

Privacy policy

Please refer to our privacy policy for information regarding confidential information.

General

1. Chamdor may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
3. Any failure on the part of you or Chamdor to enforce any right in terms hereof shall not constitute a waiver of that right.
4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
5. Subject to clauses 1 and  2 under the header Changes to these terms and conditions , and in respect of transactions already concluded - no variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
7. These terms and conditions contain the whole agreement between you and Chamdor and no other warranty or undertaking is valid, unless contained in this document between the parties.

Governing law

1. These terms and conditions and our relationship and/or any dispute arising from or in connection with these terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
2. Nothing in this clause or the terms and conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.