1 Tile Africa / HomeXpress Terms & Conditions of Sale
These terms and conditions of sale shall apply to all orders placed by a purchaser (“Purchaser”) of Tile Africa / HomeXpress corporate wear (“the Goods”). The Purchaser acknowledges that these terms and conditions govern all orders placed by it at any time and from time and as such constitute a binding agreement between the Purchaser and Tile Africa / HomeXpress. Acceptance of any of the Goods ordered shall constitute the Purchaser’s acceptance of these terms as solely applicable and controlling, notwithstanding usage of trade or course of dealing to the contrary.
2 Interpretation
2.1 Tile Africa / HomeXpress and the Purchaser agree that -
2.1.1 the clause headings in these conditions are for convenience and shall not be used in their interpretation unless the context clearly indicates a contrary intention,
2.1.2 an expression which denotes
2.1.2.1 any gender includes the other genders;
2.1.2.2 a natural person includes an artificial person and vice versa;
2.1.2.3 the singular includes the plural and vice versa.
2.1.3 the following expressions shall bear the following meaning and any related expression shall bear a corresponding meaning –
2.1.3.1 "VAT" - means value-added tax levied in terms of the Value-added Tax Act, 89 of 1991.
3 Orders, Ownership and Delivery
3.1 Delivery dates given by Tile Africa / HomeXpress and C&R Brand Solutions shall be considered Tile Africa / HomeXpress and C&R Brand Solutions’ best estimates only and shall not be bound by such dates.
3.2 Tile Africa / HomeXpress shall not be liable for any damages or penalty of whatsoever nature for delay in delivery or for failure to give notice of delay.
3.3 Ownership of the Goods shall only pass to the Purchaser against payment of the whole of the purchase price, including delivery charges for the Goods.
3.4 The Goods will be delivered directly to the Tile Africa / HomeXpress - DC Johannesburg in Olifantsfontein . Orders must be placed on the Site and Purchasers shall liaise directly with C&R Brand Solutions ( the appointed Supplier ) regarding any queries.
3.5 Delivery of the Goods shall be at the Purchasers risk as soon as they leave the distribution centre irrespective of who is responsible for the delivery of the Goods; provided that if the Purchaser fails to take delivery of the Goods when tendered, then the risk therein shall pass to the Purchaser as soon as delivery is tendered by Tile Africa / HomeXpress even if the Goods have not left Head Office. All costs, directly or indirectly, incurred by Tile Africa / HomeXpress in storing, caring for and invoicing the Goods after such tender shall be paid by the Purchaser to Tile Africa / HomeXpress on demand should Tile Africa / HomeXpress so elect.
3.6 The Purchaser shall not have any claim whatsoever against Tile Africa / HomeXpress -
3.6.1 if the Goods fail to arrive at their destination; or
3.6.2 for any loss or damage to the goods, arising from any cause whatever, while they are in transit,
irrespective of who is responsible for their delivery.
3.7 All Goods displayed on the Tile Africa / HomeXpress corporate wear website (“ Tile Africa / HomeXpress Website www.tileafricagear.co.za ”) are subject to availability. As items are manufactured in batches, should the Goods ordered (“Order”) be out of stock, the Purchaser will be informed and such Good/s placed on back order. All Orders will be processed within 72 hours of placement (“Process Period”); provided that the date on which the Process Period shall commence shall be:
3.7.1 the business day, being any day (other than a Saturday, Sunday or officially recognised public holiday in the Republic of South Africa) (“Business Day”), on which an Order is received by Tile Africa / HomeXpress, if Tile Africa / HomeXpress receives such Order prior to 14:00 on any particular Business Day; or
3.7.2 the first Business Day after the Business Day on which the Order was received by Tile Africa / HomeXpress, if Tile Africa / HomeXpress received such Order after 14:00 on any particular Business Day.
3.8 Should items not be in stock, please allow for a 6 to 8-week delivery time.
4 Registration
4.1 The Purchaser is required to register on the site providing all the relevant details necessary in the fields provided.
4.2 Registration will determine identity and the delivery details and the Purchaser’s valid email address is required.
4.3 Registration will require email activation of the Purchaser’s account for security reasons before transacting.
4.4 Registration will require a secure password that must be kept secure by the Purchaser.
4.5 The Purchaser must reference sizing guide in the help page of the site before placing orders as delivery and collection charges for incorrect sizing will be charged for on exchanges.
5 Price
5.1 It is recorded and agreed that:
5.1.1 the price of the ordered Goods will be the price listed on the Tile Africa / HomeXpress Website;
5.1.2 the prices reflected on the Tile Africa / HomeXpress Website for the Goods, are inclusive of VAT;
5.1.3 the prices reflected on the Tile Africa / HomeXpress Website are excluding delivery costs to be added to the invoice on checkout;
5.1.4 the prices listed on the Tile Africa / HomeXpress Website will be for the period stated on the Tile Africa / HomeXpress Website (“Validity Date”); and
5.1.5 the prices for the Goods on the Tile Africa / HomeXpress Website will apply to all Orders, completed, signed and received by C&R Brand Solutions on or before the Validity Date.
5.2 Notwithstanding the above provisions, Tile Africa / HomeXpress may, in its sole discretion and without notice to the Purchaser, alter the prices and Validity Date without incurring any obligation prior to acceptance of an Order.
6 Payment / Cancellations
6.1 Cancellation of Orders shall not be permitted once received by C&R Brand Solutions. Goods purchased are non-refundable.
7 Risk
Notwithstanding the reservations of ownership as set out above, all risk in and to the Goods shall pass to the Purchaser upon delivery.
8 Alterations / Branding
8.1 The sizes and lengths of the Goods constitute the only sizes and lengths that are available for purchase as part of the Tile Africa / HomeXpress corporate wear collection and accordingly, no exceptions will be made should such sizes or lengths not match the requirements of any particular Purchaser.
8.2 Notwithstanding the above provision, should any particular garment be of an inappropriate size or length, Tile Africa / HomeXpress shall, in its sole discretion, make such alternative arrangements as may meet the Purchaser’s requirements.
8.3 Tile Africa / HomeXpress shall have the right, in its sole discretion and without notification, to withdraw, modify, or alter the styles, fabrics and colours of any of its styles without incurring any liability of any nature whatsoever.
8.4 No unauthorised branding will be permitted on Tile Africa / HomeXpress corporate wear unless approved in writing by Head Office. Any request by site- or specific Tile Africa / HomeXpress departments for additional branding must set out, in writing, the specifications of such requested additional branding to be considered for approval. Individual Purchasers are prohibited from attaching any additional branding to the Goods.
9 Returns
9.1 Tile Africa / HomeXpress assumes no responsibility for any damage that may be caused to the Goods due to the incorrect laundering or general poor care of Goods. The detailed care instructions placed on the Tile Africa / HomeXpress Website are for information purposes only.
9.2 Tile Africa / HomeXpress assumes no responsibility for incorrect size of garments chosen or ordered. The detailed sizing chart is available with care instructions placed on the Tile Africa / HomeXpress Website for reference before placing the order.
9.3 Returns shall only be accepted within 7 (seven) days of delivery in their original packaging or alternatively, in Tile Africa / HomeXpress sole discretion, in an undamaged or soiled condition.
9.4 All original documentation must accompany returns including, but not limited to, delivery acknowledgement receipts and any payment slips.
9.5 Goods purchased can be exchanged if damaged, faulty or incorrect within 48 hours of delivery. Tile Africa / HomeXpress reserves the right to check the Good/s before exchange. Tile Africa / HomeXpress reserves the right to exchange the Goods based on the condition of such items.
9.6 The collection and / or re-delivery charges are for the account of the Purchaser unless the Goods are found to be defective as a result of manufacturing and the warranty is being honoured.
9.7 Please check the Web site for the Returns, Refunds and Exchange Policy for Documentation.
10 Signatory
Should the signatory hereto be a representative of the Purchaser, the signatory warrants that he/she is the duly authorised signatory of the Purchaser and that he/she may bind the Purchaser. This would be applicable where the Purchaser is off site when the Goods are being delivered and an alternative person has been identified.
Acceptance of the Terms and conditions on the site by the registering person will be deemed a signature and agreement with the terms and conditions.
11 General
11.1 This document contains the entire agreement between the parties relating to the Orders and no party shall be bound by any undertaking, representation, warranty, promise or the like not recorded herein.
11.2 No amendment of this agreement will constitute a novation of any of the terms of this agreement unless reduced to writing and signed by the Purchaser and Tile Africa / HomeXpress.
11.3 This agreement and all matters relating hereto shall be governed by the laws of the Republic of South Africa.
