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Website Terms of Supply

PLEASE READ THESE TERMS AND CONDITIONS OF SUPPLY CAREFULLY BEFORE ORDERING. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.  WE RECOMMEND THAT You print OR SAVE a copy of these terms and conditions for future reference.

By clicking on A button marked "I Accept" OR “register” or TICKING THE BOX AND THEN CLICK “submit order” OR “PROCEED TO PAYMENT”, you agree that you understand and ACCEPT these terms OF SUPPLY. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. Terms of Supply

  • These are the terms and conditions (“Terms of Supply”) relevant to the Products we offer and supply. These Terms of Supply refer to the following additional terms which also apply to the offer and supply of the Products:
    • Our Terms of Use;
    • Our Privacy Policy;
    • Our Shipping and Delivery Policy; and
    • Our Returns Policy.
  • The above terms and conditions and policies are hereby incorporated by reference and together are the agreement (“Agreement”) between us and you in terms of the provision of Products and related services.
  • Why you should read them: These Terms of Supply tell you who we are, how we will provide Products to you, how either us or yourselves may amend or end the contract for the supply of Products, what to do if there is a problem with your order and other important information.
  • These Terms of Supply contain provisions that appear in similar text and style to this paragraph 1.4 and which:
    • may limit our risk or liability or the risk or liability of a third party; and/or
    • may create risk or liability for you (as a Consumer); and/or
    • may compel you to indemnify us or a third party; and/or
    • may serve as an acknowledgement, by you, of a fact.
  • Your attention is therefore drawn to these Terms of Supply in bold because they are important and should be carefully noted.

2. Information & Contact Details

  • Who we are: See our Terms of Use.
  • How to contact us: To contact us, please use the contact information as per our Contact Us-page (“Contact Us”).
  • How we may contact you: If we have to contact you, we will do so by telephone or by email address, postal address or other electronic communication facility address you provided to us in your order and/or the information saved in your “My account” profile when you registered as a user.
  • "Writing" includes emails: When we use the words "writing" or "written" in these Terms of Supply, this will include Data Messages, including, but not limited to, emails. You acknowledge that all agreements, authorisations or requests on our website satisfy the “writing” requirement.

3. How The Contract Is Formed Between Us

  • No electronic signature is required to conclude the contract between us; the mere sending of a Data Message or click on “I accept” “Register” or “Submit” or “Continue to Payment” demonstrates your acknowledgement and agreement to these Terms of Supply and the Product specific T&C's (where applicable).
  • By placing an order through our site, you warrant that you are at least 18 (eighteen) years of age and where you are under the age of 18 (eighteen), that you are using our site and placing your order with the consent of your legal guardian / parent. Please note that such consent means that your parent or guardian agrees to be bound to these Terms of Supply and to be liable and responsible for you and all your obligations under these Terms of Supply;
  • Product specific T&C's: Certain Products may have additional terms and conditions that will apply. The Product specific T&C's will be presented to you prior to submitting your offer and should be read with these Terms of Supply.  In so far as any term and condition in Product specific T&C's conflicts with these Terms of Supply in respect of:
    • the description of the Products (including, but not limited to, pricing, specifications, return policy, delivery policy), the Product specific T&C's shall prevail; and
    • any other matter, the Terms of Supply shall prevail.
  • Product with pricing we make available: The display of prices of the Products on our website is our invitation to you to do business.
  • The Offer: Your order constitutes an offer by you to purchase Products from us or a Third-Party Seller.
  • Shopping Cart or Wishlist: Placing Products in the Cart or Wishlist without completing the Purchase Cycle does not constitute a valid order for such Products, and as such, Products may be removed from the Cart or Wishlist if it is no longer available or the price thereof might change without notice to you. Kindly note that we, and any applicable third party, shall not be liable if such Products 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.
  • Acceptance of your Purchase order by us or on behalf of Third-Party Sellers: Acceptance of your Purchase Order will take place at our Premises on receipt of your payment and when we email you confirmation of our acceptance, at which point a contract will come into existence between you and us (“Commencement Date”).
  • If we cannot accept your order: If we are unable to accept your order (even after receipt of your payment), we will inform you of this and will not charge you for the Product(s). This might be because the Product is out of stock, unexpected limits on our resources which we could not reasonably foresee or plan for, an error in the price or description of the Product or because we are unable to meet a delivery deadline or performance date you have specified.
  • Your Order Number: We will assign an order number / reference number to your order on acceptance thereof. Please use the order number as a reference when enquiring on your order.
  • Sales outside of our Territory:  We ship to all countries within the DAN Southern Africa Region: South Africa, Swaziland, Lesotho, Namibia, Botswana, Zimbabwe, Mozambique, Angola, Zambia, Malawi, Tanzania, Kenya, Democratic Republic of Congo, Madagascar, Comores, Seychelles and Mauritius. Please consult out Shipping and Delivery Policy for more information.

4. Products & Product Description

  • Products may vary slightly from their pictures: The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. The Product may therefore vary slightly from those in the images. Such variations shall not form part of the Contract or have any contractual force.
  • Product packaging may vary: The packaging of the Products may vary from that shown on images on our website.
  • Stock availability: The stock of all Products presented on our website is limited. We will make all reasonable efforts to discontinue presenting the Product on our website or show “out of stock” as soon as stock is no longer available. However, should items still be presented on our website after the remaining stock is sold, we will only be liable to refund any monies paid by you where we are unable to fulfil your order at the indicated prices or providing alternative Products at the price point.
  • Certain Products may not be purchased for re-sale. Should we suspect that any such Products are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

5. Your Rights To Make Changes

  • Before submission of your order: Prior to submission of your order you will be allowed to make changes to your selection of Products
  • After submission of the order: If you wish to amend your order please Contact Us as soon as possible. Prior to delivery of the Products, 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 Products, you may return the Products only in accordance with the Returns Policy. We will confirm whether the change requested is possible. Should it be possible, we will let you know of any changes to the price of the Products, the time of supply and delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with such change.

6. Our Rights To Make Changes

  • Minor changes to the Products: We may change the Products and specifications:
    • to reflect changes in relevant laws and regulatory requirements; and
    • to implement minor technical adjustments and improvements as directed by our suppliers.
  • More significant changes to the Products and these Terms of Supply (subsequent to delivery of the Products or the Commencement Date): Where reasonably possible we will notify you and you may then Contact Us to end the contract and receive a full refund before the changes take effect.

7. Delivery Or Collection of Products

Delivery of Products will take place as per our Shipping and Delivery Policy.

8. Your Rights To End The Contract

  • You can always end your Contract with us: Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
    • If what you have bought is damaged or incorrectly described you may have a legal right to end the Contract (or to get the Products replaced or to get some or all of your money back), see our Returns Policy.
    • If you want to end the Contract because of something we have done or have told you we are going to do, see Returns Policy.
    • If you changed your mind about the Products, you may be able to get a refund if you are within the cooling-off period we wish to refer you to paragraph 8.2 below.
    • In all other cases (if we are not at fault and there is no right to change your mind), we wish to refer you to paragraph 8.3 below.
  • Exercising your right to change your mind: If you are not satisfied with your product you can return the product to us within 7 (seven) days from receipt (“Cooling-off Period”). The following will apply in terms of the Cooling-off Period:
    • The Cooling-off Period will not apply to any of the Products, where:
      • the goods are made to the consumer's specifications or are clearly personalised or by reason of their nature cannot be returned; or
      • are likely to deteriorate or expire rapidly.
    • You will have to notify us in writing that you have changed your mind and such notice must be received by us within the Cooling-off Period.
    • Proof of purchase must be produced, and the Product must be undamaged and correctly packaged in original packaging.
    • We may charge you the direct cost of returning the Products and/or the reasonable costs and expenses actually incurred by us between the Commencement Date and the date of receipt of your above notice.
    • Where you have made payment to us already we will refund you the amount paid, minus any costs as stated under paragraph 8.2.4 above, within 30 (thirty) days from date of cancellation.
  • Ending the contract where we are not at fault and there is no right to change your mind: If you do not have any other rights to end the Contract (see paragraph 8.1 above), you can still Contact Us before it is completed and tell us you want to end it. If you do this the Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable compensation as compensation for the net costs and expenses we will incur as a result of your ending of the Contract. Please take note that you will be responsible for the costs of return (see paragraph 9.3 below).

9. How To End The Contract With Us

  • Tell us you want to end the contract: To end the contract with us based on any rights as per these Terms of Supply then please contact us by using the contact details on the Contact Us page. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  • Returning Products after ending the Contract: If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us immediately.  You must either return the Products via courier (against your own account) or advise us to pick it up, subject to our Returns Policy.  Please use our Contact Us details to arrange. 
  • When we will pay the costs of return: please consult Returns Policy in addition to below. We will pay the costs of return:
    • if unwanted Products are received by you (i.e. Products you have not ordered); 
    • if the Products are damaged (prior to or on delivery), spoilt or incorrectly described;
    • incorrect Product is received; or
    • if you are ending the Contract because we have told you of an upcoming change to the Product or these Terms of Supply, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
  • Kindly take note that we may charge you a reasonable amount for a return of Product(s) (excluding returns under paragraph 9.3.1 and 9.3.4 above). We will, however, notify you in advance on any such costs.
  • What we charge for collection: If we decide to charge you for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for delivery.
  • How we will refund you: We will refund you the price you paid for the Products including delivery costs, by the method you used for payment of the Products. However, we may make deductions from the price, as described below.
  • Deductions from refunds: If you are exercising your right to change your mind: 
    • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop.  If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    • The maximum refund for delivery costs will be the costs of delivery that you have paid.
  • When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind: 
    • and we have not offered to collect the Products from you, your refund will be made within 30 (thirty) days from the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us; or
    • in all other cases, your refund will be made within 30 (thirty) days of you informing us that you have changed your mind.

10. Our Rights To End The Contract

  • Termination of the Contract should you breach it: We may end the contract for a Product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Products to you or you do not collect them from our DAN Shop.
  • You are required to compensate us for any breach of the Contract. If we end the Contract in the situations set out in paragraph 10.1 above, we will refund any monies you have paid in advance for Products we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breach.
  • We may withdraw the Product(s): We may write to you to let you know that we are unable to provide a Product (where you have not received the Product yet). We will let you know as soon as reasonably possible and will offer you alternative products or refund any sums you have paid in advance for such Products.

11. Our Rights To Not Deliver the Products

  • Without prejudice to any of our other rights under these Terms of Supply, we may not deliver the Products to you if:
    • you fail to make any payment to us when due and payable;
    • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
    • you do not, within a reasonable time, allow us to deliver the Products to you.
  • If we have incurred any costs prior to delivery as a result of any of your actions as stated under paragraph 11.1 above we will refund any monies you have paid in advance for Products we have not provided but we may deduct or charge you a reasonable compensation for the net costs we may have incurred as a result of your order and preparation for delivery.
  • We may withdraw the Product(s): We may write to you to let you know that we are going to stop providing a Products (where you have not received the Products yet). We will let you know at least 10 (ten) days in advance of the suspended Products and will refund any sums you have paid in advance for such Products.

12. Problems With The Products

  • How to notify us of any problems relating to the Products:
  • If you have any questions or complaints about the Products, please Contact Us first. 
  • Summary of your legal rights:
  • We are under a legal duty to supply Products that are in conformity with the Contract between you and ourselves. Nothing in these Terms of Supply will affect your legal rights.
  • Products Warranty: Please refer to our Returns Policy,
  • Your obligation to return rejected Products: If you wish to exercise your legal rights to return rejected Products you must follow our Returns Policy.

13. Price & Payment

  • The price of Products: The price of the Products will be the price as indicated on the order-pages when you place your order and confirmed in the Cart. We will use all reasonable efforts to ensure that the price of the Products advised to you is correct.  However, there might be instances where this is not the case and we refer you to paragraph 13.3 below in these instances.
  • Other costs and taxes:
    • All prices and/or costs quoted by us shall be inclusive of all applicable taxes but exclusive of VAT, which shall be shown clearly and separately to the agreed fees charged in terms of the Products.
    • If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
    • You will be liable to pay customs should you be situated outside of South Africa. Please consult our Shipping and Delivery Policy for more information. Where international agreements have been reached between countries we may need to add the sales tax applicable in your country, however we will confirm this in writing when it may apply.
  • What happens if we get the pricing wrong? There is always the possibility that, despite our best efforts, some of the Products we sell/make available may be incorrectly priced. We will normally check prices before accepting your Purchase Order so that, where the Product's correct price at the time of your Purchase Order is less than our stated price at the time of your Purchase Order, we will charge the lower amount. If the Product’s correct price at the time of your Purchase Order is higher than the price stated, we will contact you for your instructions before we accept your Purchase Order. If we accept and process your Purchase Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any monies you have paid and require the return of any Products provided to you.
  • Time and method of payments: we accept payment in the following manner:
    • Electronic Fund Transfers/Direct Deposits:
      • details to be provided to you during the Order/Purchase Cycle payment process;
      • Orders will only be processed on receipt of cleared funds, this might take up to 24 (twenty-four) hours and receipt of proof of payment from you.
    • Credit Card Payments:
      • Credit card transactions will be acquired for our benefit via PayFast (Pty) Ltd (“PayFast”) who is the approved payment gateway for all South African Acquiring Banks.
      • PayFast allows for payment with Visa and Mastercard credit cards.
      • PayFast is PCI-DSS Level 1 Compliant;
      • PayFast uses the strictest form of encryption, namely Extended Validation SSL (Secure Socket Layer) with 256-bit encryption and 3D Secure. 
      • No credit card details are stored on our database. Users may go to https://www.payfast.co.za/ to view their security certificate and security policy.
      • We will store your details separately from your credit card details which are entered by you or your Authorised User on Payfast’s secure website. For more detail on Payfast refer to https://www.payfast.co.za/ ;
      • The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa. Therefore, the transaction currency is South African Rand (ZAR).
  • Credit Card Refunds: We will process the refund to your credit card as soon as we receive your returned shipment.  Please allow for a period of 30 (thirty) days for the refund to reflect. If you have made payment by any other means we will transfer the refund by way of Electronic Funds Transfer.
  • When you must pay depends on what Products you bought: You are required to pay for the Products before we dispatch them. We will not dispatch any Products unless payment has been made in full.
  • Special Offers:
    • From time to time we may offer promotions on our Website. Such promotions can include, but are not limited to, offering Products for sale at lower prices.
    • We shall not be liable for the sale of Products at lower prices if such lower prices were increased and you could not, for any reason, conclude a Contract while such prices were at such lower price;
    • We shall also not be liable be liable if any Products under any Promotion is sold out before you could, for any reason, conclude a Contract therefore;
    • Should we supply the wrong Product to you or if the Product is in any way faulty or damaged, we will exchange the Product for the correct/non-faulty/undamaged one or refund you, depending on your choice.  However, if the Product is no longer being offered at the special discounted price, it will not be replaced and we will refund you with the purchase price and delivery costs.
  • Records of Transactions:  We will keep a record of your transaction with us. 

14. Our Responsibility For Loss Or Damage Suffered By You

  • Limitation of Liability: We have taken all reasonable steps to ensure that content shown on the Website is complete and accurate.  However, we are a market place for Products and rely on the accuracy of the Product information we receive from various suppliers.  As a result the following will apply:
    • Unless otherwise determined by law, under no circumstances (including negligence) will we, our subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting or distributing our Website or related services be liable for any indirect, incidental, special or consequential damages arising from or in connection with the use or inability to use the Website or any content provided by or through the Website, or resulting from any unauthorised access to or alteration of your transmissions or data, or other information sent or received, including but not limited to, damages for loss of profits, data or other intangibles, even if we have been advised of the possibility of such damages.
    • Our liability to you in connection with any order will not exceed the total price charged for the Products and the delivery costs that may apply.
    • The purchase of the Product is your choice. We will not be liable for any damages or losses as a result of your choice.
  • Except as otherwise determined by law, we will not be liable for your use of the Product.

15. How We May Use Your Personal Information

We will use your Personal Information in accordance with our Privacy Policy.

16. Force Majeure

We will not be liable for any default or delay in the performance of our obligations under these Terms of Supply if, and to the extent that, such default or delay is caused by any act of God, war or civil disturbance, court order, or any other circumstance beyond our reasonable control including fluctuations in communications or utility services ("Circumstances of Force Majeure") and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by us through the use of alternative sources, workaround plans or other means.

17. Other Important Items

  • We may transfer this Agreement to someone else: We may transfer our rights and obligations under these Terms of Supply to another organisation/entity.
  • Nobody else has any rights under this contract: This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
  • If a court finds part of this Contract illegal, the rest will continue in force: Each of the paragraphs of these Terms of Supply operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this Contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these Terms of Supply, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not demand payment immediately but we continue to provide the Products, we can still require you to make the payment at a later date.
  • Which laws apply to this contract and where you may bring legal proceedings: These terms are governed and construed by the laws of the Republic of South Africa. The Parties hereby consent in terms of section 45 of the Magistrate’s Courts Act, 1944 (Act No. 32 of 1944), (or any similar section of an act replacing such Act) to the jurisdiction of any Magistrate’s Court in the Western Cape for the purpose of any proceedings in terms of or incidental to these Terms of Supply, notwithstanding that the amount claimed or the value of the matter in dispute may exceed such jurisdiction; provided that either Party shall, at its option, have the right to institute proceedings in the Western Cape High Court (Cape Town). TAKE NOTE OF OUR COMPLAINT PROCEDURE AS SET OUT UNDER OUR TERMS OF USE.

18. Definitions

  • Authorised User means a User, other than yourself, authorised by you to enter and submit your information, on your behalf;
  • Business Day means any day other than a Saturday, Sunday or an official public holiday within the Territory;
  • Consumer shall have the same meaning attributed to it in terms of the local consumer protection legislation (where applicable);
  • DAN Shop means the DANSA outlet situated at Stor-age Edenvale, 60 Civin Drive, Essexwold, Germiston, 2008;
  • Data Messages means data generated, sent, received or stored by electronic means and includes:
    • voice, where the voice is used in an automated transaction; or
    • a stored record;
  • Personal Information shall have the same meaning attributed to it in terms of the Territory’s data protection legislation;
  • Products means the products available for purchase on our Website;
  • Purchase Cycle means the process by which Products are selected from the website by you, added to the Shopping Cart by you, processed and paid for by you;
  • Shopping Cart means an electronic tool where you may place one or more Products (which will stay there for a predetermined time) which Products will eventually make up your Purchase Order;
  • Territory means the Republic of South Africa;
  • Users mean users of our website (including you);
  • VAT means value added tax in terms of the Value Added Tax Act, Act 89 of 1981, as amended; and
  • Wishlist means an electronic tool by which one or more Products are selected from the website by you and added to the Wishlist by you. Products may then be selected from the Wishlist and added to the Shopping Cart by you. The Wishlist does not make up your Purchase Order but may be part of the Purchase Cycle.
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