Terms & Conditions

Except as otherwise agreed in writing, all online purchases and transactions for the supply of the Products and/or services ("the Products") by Daylight Traders cc (T/A Shreddtech), shall be subject to these standard terms and conditions of sale, including the supporting policies, as well as the Daylight Traders cc (T/A Shreddtech) Website Terms and Conditions. These terms and conditions will be subject to the CPA and the Credit Act.

DEFINITIONS

  • "Affiliate" means any person, firm or corporation which is a subsidiary, parent or affiliate of Daylight Traders cc (T/A Shreddtech) or the successor to Daylight Traders cc (T/A Shreddtech) by a merger or by a transfer of a substantial amount of Daylight Traders cc assets
  • "CPA" shall mean the Consumer Protection Act 68 of 2008;
  • "Credit Act" shall mean the National Credit Act 34 of 2005;
  • "Customer" shall mean the person, natural or otherwise, who purchases the Products from Daylight Traders cc (T/A Shreddtech) under these terms and conditions and shall include any ultimate end user of the Product;
  • "Products" shall mean all items including services presently being sold or supplied online by Daylight Traders cc (T/A Shreddtech) including but not limited to clothing, headwear, footwear, sporting goods, outdoor equipment.
  • "On-Line Portal" means purchases made though the online sales platform currently available at www.shreddtech.co.za;
  • "Returns" means any return of any Product whether it be for an exchange or a refund, and irrespective of the reason for the return;
  • "Policies" means the various Daylight Traders cc (T/A Shreddtech) policies, which form part of this Agreement and which will be updated from time to time.

PURCHASE

  • The Customer shall be bound by these standard terms and conditions of sale in all transactions relating to the purchase of the Products using Daylight Traders CC’s On-Line Portal.

ORDERS

  • Daylight Traders cc (T/A Shreddtech) reserves the right to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.

PAYMENT

  • The payment terms are set out in the Payment Policy;
  • Only listed payment methods as available on shreddtech.co.za are valid and accepted.

DELIVERY

  • Subject to the CPA, and although Daylight Traders cc (T/A Shreddtech) will endeavour to deliver the Products according to the Customer's requirements, Daylight Traders cc (T/A Shreddtech) will not be bound to such delivery requirements of the Customer and accordingly Daylight Traders cc (T/A Shreddtech) shall not be liable in any manner whatsoever for failure or delay in delivery;
  • Daylight Traders cc (T/A Shreddtech) shall at its discretion be entitled to effect and invoice for part deliveries
  • This clause shall be read together with the standard Daylight Traders cc (T/A Shreddtech) Delivery Policy.

OWNERSHIP

  • Irrespective of the type of transaction, Daylight Traders cc (T/A Shreddtech) hereby reserves its rights to ownership of the Products until fully paid for by the Customer;

RISK

  • On delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer notwithstanding that ownership in the Products remain vested in Daylight Traders CC.

RETURNS

  • Daylight Traders cc (T/A Shreddtech) agrees to returns and exchanges provided that the following provisions shall be applicable, as well as those set out in the Delivery Policy and Returns Policy:
    • Return of Products to a specified physical location will be free;
    • In instances where the services via the South African Postal Office (SAPO) or by courier are used to facilitate the return, the Customer shall be responsible for payment of any fees for such return;
    • The Customer shall not be refunded for any delivery cost under any circumstances;
    • Any refund or credit will only take place once Daylight Traders cc (T/A Shreddtech) has received and processed the return of the Products;
    • Daylight Traders cc (T/A Shreddtech) shall have a discretion to refund the Customer by any appropriate means including cash, a gift card (electronic or otherwise) or by crediting the relevant Customer account or applicable credit or debit card. 

WARRANTY

  • Subject to the CPA, Daylight Traders cc (T/A Shreddtech) makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the Products and all conditions and warranties whatsoever, whether implied or otherwise are hereby expressly excluded;
  • Subject to the CPA, Daylight Traders cc (T/A Shreddtech) shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products;
  • The Products supplied by Daylight Traders cc (T/A Shreddtech) shall be suitable only for the purpose designed and intended and the Customer shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner and where applicable, in a manner consistent with the instructions given by, if any by the supplier of the particular product .
  • Subject to the CPA, no claim shall lie against Daylight Traders cc (T/A Shreddtech) arising out of or in connection with any defects in, or unsuitability of the products.

INDEMNITY

  • Without derogating from the generality of any of the provisions hereof, and subject to the CPA, Daylight Traders cc (T/A Shreddtech) shall not at any time be liable for any claims of whatsoever nature and howsoever arising for direct or consequential loss or damage which may be sustained by the Customer in connection with the use of the Products and the Customer hereby indemnifies Daylight Traders cc (T/A Shreddtech) against all such claims.

NEWSLETTER SIGN-UP

  • By accepting the terms and conditions when registering a shopping profile, the user also gives permission to be subscribed to Daylight Traders/Shreddtech’s e-mail database. The user can change or manage his/her newsletter subscription settings or unsubscribe from a newsletter by clicking on the unsubscribe link that will be incorporated into the footer area of all promotional newsletters.

PROHIBITION OF SET OFF

  • The Customer, to the extent allowable in terms of the CPA, waives any right of set off the Customer might have against Daylight Traders cc (T/A Shreddtech) in respect of any amount which may now or in the future be or become owing by Daylight Traders cc (T/A Shreddtech)to the Customer. The Customer agrees and acknowledges that it shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which Daylight Traders cc (T/A Shreddtech) may bring against the Customer for the enforcement of its rights whether in respect of credit facilities extended by Daylight Traders cc (T/A Shreddtech) to the Customer or otherwise.

SECURITY

  • Any claim the Customer may at any time have arising wholly or partially out of or in connection with the disposal by it of the Products, or certain of them, shall be deemed to have been ceded to Daylight Traders cc (T/A Shreddtech) as security for the Customer's obligations hereunder.

CUSTOMER'S DOCUMENTS

  • Subject to the CPA, in all transactions with the Customer, any clauses or conditions contained in or forming part of the Customer's documents shall not amend or modify these terms and conditions of sale and Daylight Traders cc (T/A Shreddtech) shall not be bound thereby;
  • These standard terms and conditions of sale shall supersede any conflicting clauses or conditions whether verbal or contained in any of the Customer's documents.

INDULGENCE

  • No indulgence which Daylight Traders cc (T/A Shreddtech) may grant to the Customer shall in any way be deemed to affect, prejudice or derogate from the rights of Daylight Traders cc (T/A Shreddtech) nor shall such indulgence constitute a waiver or novation of any of the rights of Daylight Traders cc (T/A Shreddtech) who shall not thereby be precluded from exercising any rights against the Customer which may have arisen in the past or which may arise in the future.

CONFIDENTIAL INFORMATION

  • Daylight Traders cc (T/A Shreddtech)and the Customer agree to keep any confidential information that they receive from one another confidential by using the same degree of care that they would use to protect their confidential information. Daylight Traders cc (T/A Shreddtech) will not disclose the Customers confidential information to anyone else, unless the customer allows Daylight Traders cc (T/A Shreddtech) to do so. The Customer must do the same with the confidential information about Daylight Traders cc. Daylight Traders cc (T/A Shreddtech) can, however, disclose the Customers confidential information to Daylight Traders cc’s employees and contractors who need to know and use the information in order to perform their obligations in terms of this agreement
  • Daylight Traders cc (T/A Shreddtech) shall, further abide by its Privacy and Confidentiality Policy, as set out in the Daylight Traders cc (T/A Shreddtech) Terms and Conditions

 BREACH

  • Should the Customer fail to make any payment to Daylight Traders cc (T/A Shreddtech) under any contract or should the Customer be in breach of any of the provisions of these standard terms and conditions of sale and fail to remedy such breach within 7 (seven) days after receiving a written demand that it be remedied, Daylight Traders cc (T/A Shreddtech) shall be entitled without prejudice to any alternative or additional right of action or remedy available to Daylight Traders cc (T/A Shreddtech) to cancel any contract with the Customer with immediate effect.

LEGAL COSTS

  • In the event that any legal action is taken or any amount remains outstanding and Daylight Traders cc (T/A Shreddtech) instructs attorneys to recover such unpaid costs, the Customer shall be liable for all legal costs incurred by Daylight Traders cc (t/a Shreddtech).

APPLICABLE LAW

  • All transactions shall be governed in all respects by, and shall be construed and interpreted according to the laws of the Republic of South Africa.
  • Subject to the CPA, the Customer also agrees and consents in terms of Section 45 of the Magistrate's Court Act ("the MCA") to the jurisdiction of a Magistrate's Court having jurisdiction in respect of the Customer or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by Daylight Traders cc (T/A Shreddtech) in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate's Court, provided that Daylight Traders cc (T/A Shreddtech) may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the South Gauteng Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by Daylight Traders cc (T/A Shreddtech)in the event of Daylight Traders cc (T/A Shreddtech) exercising its rights in terms hereof.

DOMICILIUM

  • The Customer chooses domicilium citandi et executandi at the shipping or delivery address as reflected in the invoice , failing which any other physical address of the Customer

DELIVERY POLICY:

This Delivery Policy forms part of the Standard Terms and Conditions of Sale;

  • Delivery methods will include 1) via the South African Post Office ("SAPO") or, 2) by Courier to the Customers chosen delivery address;
  • When effecting delivery at the customer's premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the Daylight Traders cc (T/A Shreddtech) representative making delivery;
  • Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery;
  • If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer's agent for purposes of these terms and conditions;
  • In the event of short delivery the Customer shall forthwith upon delivery endorse Daylight Traders cc’s copy of the delivery note specifying details of the short delivery and thereafter within three (3) days of such delivery the Customer shall lodge a claim with Daylight Traders cc (T/A Shreddtech) in respect of such short delivery;
  • In the event that the Products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse Daylight Traders cc 's copy of the delivery note detailing the damage or defects to the Products and the Customer shall within three (3) days of such delivery notify Daylight Traders cc (T/A Shreddtech)of such damage or defects in the Products delivered, following which the Returns Policy shall be followed;
  • On compliance by the Customer with 6 and 7 and provided Daylight Traders cc (T/A Shreddtech)agrees with the information supplied by the Customer, Daylight Traders cc (T/A Shreddtech)will or may apply for a credit, subject to the provisions of the Returns Policy;
  • Subject to the CPA, and notwithstanding the provisions of this policy, Daylight Traders cc (T/A Shreddtech)shall not be liable to the Customer for any loss or damage occasioned by reason of the circumstances set out above;
  • A flat rate to deliver your order to you will be charged. This will escalate reasonably from time to time;
  • The order will take around 1 to 7 working days to be delivered to the chosen delivery address, depending on the location and method of delivery.
  • Although reasonable care shall be taken, Daylight Traders cc (T/A Shreddtech) accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person, at the delivery address, accepts delivery of the order and Products;
  • For purposes of this clause, "Daylight Traders cc " shall include any Affiliate, agent or independent contractor who may effect delivery on behalf of Daylight Traders cc, which shall also include the South African Postal service.

RETURNS POLICY:

The Returns Policy forms part of the Standard Terms and Conditions of Sale and includes the Daylight Traders cc (T/A Shreddtech) general in store returns and refunds policies.

  • Returns of all Products can occur in one of the three ways, namely (1) directly to a Daylight Traders cc (T/A Shreddtech) business address, (2) via the SAPO or, 3) by Courier.
  • SA Post Office ("SAPO") return: when returning Products via the SAPO, the customer must first register a return on the Daylight Traders cc (T/A Shreddtech)on line system. A reference number and a return address will be issued to the Customer, as well as an estimated credit value. The Customer must insert the merchandise into appropriate packaging, pay the SAPO for the return costs and hand the package in at the appropriate SAPO counter. The estimated credit value is subject to change based on the condition of the returned Products.
  • Courier return: when returning Products via courier, the Customer must first register a return on the Daylight Traders cc (T/A Shreddtech)on line system. A reference number and a return address will be issued to the Customer. The Customer must then insert the Products being returned into appropriate packaging and this will be collected by the courier in accordance with the instructions received from Daylight Traders cc. The courier charge will be deducted from the return credit. While the Daylight Traders cc (T/A Shreddtech) system will reflect an estimated credit value before the return is concluded, this estimated credit value is subject to change based on the condition of the returned Products
  • Refunds will occur as follows:
    • In the event that the return occurred via the SAPO or Courier, if the Customer purchased the Products using a credit, cheque or debit card, then the applicable card will be credited with the refund. EFT and cash purchases will be refunded via an electronic gift card only.
    • In the unlikely event of a non-collection from SAPO or a non delivery from the courier, the Products being returned will be sent to the Daylight Traders cc (T/A Shreddtech) business address. All Products returned via SAPO or Courier shall also be sent to the Daylight Traders cc (T/A Shreddtech) business address.
  • Daylight Traders cc (T/A Shreddtech) cannot accept responsibility if an individual at the Customer's chosen address, accepts delivery and is not authorized to do so, or does so under false or fraudulent circumstances.
  • In the event of 2 (two) failed attempts to deliver the order of Products to the Customer at the chosen delivery address, the Products shall be returned to Daylight Traders cc (T/A Shreddtech)and the sale shall be reversed. The costs of the delivery/s and return of the Products shall be deducted from the credit due to the Customer.

PAYMENTS POLICY:

The Payment Policy forms part of the Standard Terms and Conditions and is subject to Daylight Traders cc’s agreements with its bankers and the outsourced financial transactions service provider.

  • There are four payment options including payment by way of a credit card, using an electronic Daylight Traders cc (T/A Shreddtech) gift card, by EFT and Paypal.
  • If the EFT payment option is used, this can take up to seventy two hours depending upon the relevant bank. Please note that if payment is not received within seventy two hours, the order will automatically be cancelled.
  • Only in the event of the use of a gift card can more than one payment type be used to complete an order and in this instance the customer is entitled to top up the payment with a credit.
  • With regard to gift cards the following is also relevant:
    • Gift cards are valid for 6 months from the date of purchase thereof.
    • The value thereof is redeemable for Products (not cash) at the online portal.
    • Daylight Traders cc (T/A Shreddtech) accepts no responsibility in the event that due to an error or oversight on the part of the Customer or for any reason, the gift voucher is used by a third party.
  • Daylight Traders cc (T/A Shreddtech) prescribes to high security and encryption standards allowing all customers to shop with peace of mind. It is also to be noted that payment and card details, as well as related confidential information cannot be accessed by anyone who is not authorized to do so.

All rights reserved.

 

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