These terms are the general terms of the relationship between Retro Kitchen Design CC t/a HUS Living Space hereinafter referred to as “HUS”, and you hereinafter referred to as “the Client”. By visiting or using Our Website, you agree to be bound by them.
We are Retro Kitchen Designs CC trading as HUS Living Space, a company registered in South Africa, number 2004/019624/23. Our address is In Shere Lifestyle Centre, Building No 6, 4 Graham Rd, Shere, Pretoria, 0084.
The terms cover any transactions where HUS provide services to the Client. The commercial terms of any transaction will be contained in an order and or quotation that will incorporate these terms. The order and or quotation will prevail if there is a conflict of meaning. Nothing in the terms obligates any party to enter into any orders or quotations.
You are: Anyone who uses Our Website. Please read this agreement carefully and save it. If
you do not agree with it, you should leave Our Website immediately.
The Terms and Conditions:
Definitions In This Agreement:
- “Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
- “Content” means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.
- “Extra Work” means all of the work we do and materials we buy to prepare or produce Specified Goods.
- “Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.
- “Intellectual Property” means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.
- “Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases
- “Posted” and “Posting” shall be interpreted accordingly.
- “Specified Goods” means Goods which have been subject to work or process to your specific order.
- “Our Website” means any website of ours, and includes all web pages controlled by us.
Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.
- a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
- a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
- the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.
- in the context of permission, “may not” in connection with an action of yours, means “must not”.
- any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
- these terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.
Our Contract With You
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers, We do not guarantee that Goods advertised on Our Website are available.
- We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
Material & Finishes
- The Client confirms that the patterns, finishes, profiles, styles and other material are correctly specified on the quotation and seen in the showroom and that the different material has been explained.
- HUS cannot accept changes from what have been quoted once quotations are accepted.
- Paint, granite and solid wood / semi-solid wood products are natural materials and can differ from samples seen in the showroom.
- Care will however, be taken to ensure such differences are minimal.
- It is the Client’s responsibility to ensure the detailed quotation included all extra accessories required.
- Should anything be required afterwards, an additional quotation will constitute a separate contract.
- Installations are undertaken by HUS own Factory and, or Sub-Contractors.
- It is the Client’s responsibility to ensure that the installation site is ready for installation as agreed with the consultant. A call-out fee of R 450.00 (four hundred and fifty rand) will be charged in the event of the sit not being ready on the arrival of the installer.
- In the event of an installation being delayed as a result of the site not being ready, the installation will be re-scheduled according to the next available slot.
- Duration period of the installation period cannot be determined, estimated or confirmed prior to the installation commencing, installation periods are dependant in the complexity of the installation, type of material and pace of the installer.
- Installation dates given are estimates. Although HUS will take all measures to adhere to the date provided, dates are dependent on:
- times delivery of material;
- availability of installers;
- availability of material- all of which are not in direct control of HUS.
- HUS will not be held responsible for any costs involved by third-party contractor(s), such as tillers, electricians and plumbers as a result of extended installation periods and/or delays in installation dates.
- Installation dates can only be given 3 working days after acceptance of quotation or final measurements of the site.
- Installation dates are determined once orders have been placed with suppliers and lead time were provided.
- In the event of the Client providing items as hobs and sinks, these need to be on site on the day worktops are scheduled to be installed.
- Service fee of R 450.00 (four hundred and fifty rand) will be charged should an installer need to return to the site to fit these or to make cut- outs.
- The Client confirms that the following supplier lead times for delivery have been discussed and accepted. These supplier lead times should be used as a guideline:
- ALL MELAMINE / PACE FOIL MATERIAL: 20 – 30 WORKING DAYS
- SOLID / SEMI-SOLID MATERIAL: 35 WORKING DAYS
- PAINT TECHNIQUE: 38 – 40 WORKING DAYS
- A detailed fault or query list to be handed to the Installer within 7 (seven) working days after initial installation. Please take extreme care in completing this list, as a second list will not be accepted. It is recommended that the Installer Compile the fault list together with the Client.
- HUS will under no circumstances be liable for any measurements not taken by itself and not specified on the design and/or layout plan.
HUS is not in a position to recommend or refer a Contractor for electrical, turn-key, plumbing or similar services.
Plumbing And Electrical Points
- It is the Clients responsibility to ensure that water pipes, plumbing points, electrical cables and electrical points are well pointed out during the measurement and on the day of installation.
- HUS and any of its staff and subcontracted will not be held responsible for any damage caused by drilling into water supply piping ad/or electrical circuit/wiring that and inside the walls during installation process.
- All material and components are of first grade quality and guaranteed for 2 years against any defect.
- The warranty does not cover water damages or misuse.
- Grass and other components (hinges, runners, meta box drawer systems carry a lifetime guarantee).
- All risks in the goods forming the subject matter in this sale agreements transfer to the Client on collection / delivery on site;
- Not with standing delivery to the Client, HUS remain the owner of the goods in totality until all monies have been paid in full.
- The Client agrees that the goods remain removable and do not accede to the property.
- HUS may in its sole discretion, suspend deliveries or cancel this contract in whole or in part, if;
- The Client commits a breach of any of the terms or conditions of the contract; or
- The Client being an individual that dies or is provisionally of finally sequestrated or surrenders his / her estate; or
- The Client being a Close Corporation or Company or a Trust that is placed under provincial or final liquidation or sequestrated or judicial management; or
The Client attempts to compromise generally with its creators; or
- The Client limits or falls to provide reasonable access to the installation site; or
- HUS is prevented in whole or in part from performing its obligations under this contract whether by reason of an Act of God, war, force, majeure, Government Control, storm fire, tempest, strikes, lockouts, riots, civil commotion, inevitable accident or any other circumstances.
- Should the Client breach this agreement HUS will be entitled in their sole discretion to institute legal action against the Client in the Magistrate Court with Jurisdiction and the Client hereby consents to the jurisdiction of the Magistrates Court in terms of Section 45 of Act 32 to 1944 as amended.
- In the event of action being instituted against the Client by HUS the Client agrees to pay costs on Attorney fees, own Client scale including tracers’ fees and collection commission payable in terms of the current law.
- A certificate or statement issued under the head of the manager or director of HUS, whose appointment and authority will not be necessary to prove or will be prime facile evidence of the amount due by the Client to HUS and the interests rate applicable to any amount owning by the Client.
- The Client hereby chooses as his/her/it’s domicillium botanic and executanci for the delivery of any notices for legal process to be delivered to the Client’s installation address as reflected here in above.
- No addition, subtraction, alteration or variation
- To this agreement shall be of any force of effect or binding on the parties here to unless reduced in writing and signed by HUS and the Client.
- No agreements, representations, additions, warrantees, undertakings shall be of any force of effect unless it is reduced to writing and signed by HUS and the Client. No indulgence whatsoever of any nature whatsoever extended by HUS to the Client will constitute a waiver or a notation by HUS of any of its rights under this contract.
- HUS are entitled, without notice to the Client to cede any of its rights of obligations in terms of this agreement to a third party.
The Client agrees to accept the payment terms as per the signed and accepted order and or quotation and Contract Terms.
Any person signing agreement in representative capacity or a company, close corporation or a trust bind himself as surety and co-principal debtor of the Client to HUS. The person signing to do so on behalf of the Client.
How We Handle Your Content
- If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control over who sees it nor what anyone does with it.
- We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
You agree to waive your right to claim authorship and your right to object to any distortion, mutilation or other modification of your work as provided in the Copyright Act 1978.
- You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
- Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
- We do not solicit ideas or text for improvement of our service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use.
Restrictions On What You May Post To Our Website
- We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
- We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
- You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video or music files;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- be made on behalf of some other person, or impersonate another person;
- request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
- be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- link to any of the material specified in this paragraph;
- use distribution lists that include people who have not given specific permission to be included in such distribution process;
- send age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: Restricted Content
- In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
- In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than yours.
- inaccurate, false, or misleading information.
Removal Of Offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- We shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or we may not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website
- If you violate Our Website we shall take legal action against you.
- You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
- share with a third party any login credentials to Our Website;
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website.
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
We make no representation or warranty for:
- the quality of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
- We make no representation or warranty and accept no responsibility in law for:
- accuracy of any Content or the impression or effect it gives;
- delivery of Content, material or any message;
- privacy of any transmission;
- any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
- any aspect or characteristic of any goods or services advertised on Our Website;
- Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
- We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
- This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.
- Nothing in this agreement excludes liability for a party’s fraud.
Your Account With Us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
- You agree to accept responsibility for all activities that occur under your account or password.
- You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Goods;
- a breach of the intellectual property rights of any person.
- Copyright works owned by you or a third party are unaffected by this agreement.
- The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.
- If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by fastmail service or recorded.
- It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
- We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute between a party and its employees.
- In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.