Terms and Conditions
All enquires, advice, consultation, quotations or estimates provided by or orders placed with and/or all services rendered (All of the aforesaid is referred to herein collective as ‘the Initial Services’) or products provided by or on behalf of Brompton Cross (‘the Company’) are subject to these terms and conditions (‘the Conditions’).
THE CLIENT AND AUTHORITY
The person requesting such Initial Services or to whom any Initial Service is rendered or products provided, is deemed to have read, had explained (where applicable), understand and accepted the Conditions and have the authority to do so on behalf of the person in whose name the Initial Services or products are requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’). Where there is a conflict between the Conditions and any terms and conditions of the Client or any other terms, conditions, undertakings, promises, presentations or expectations not contained in the Conditions, the Conditions will prevail.
DETAILED DESCRIPTION OF PRODUCTS AND/OR SERVICES
Brompton Cross is a business in the retail industry that sells imported cotton towels, bed throws and linen.
The Client acknowledges that is has selected or paced an order for the Product based on information gleaned the Company’s website and/or displays. It also acknowledges that the website and/or displays are a visual presentation only and that the Product may not appear exactly the same in reality. Conversely the Product on display unless selected and bought by the Client, is for display purposes only and that the Product ultimately delivered to the Client may not be 100% similar to that on display.
PAYMENT REQUIREMENTS AND METHODS OR PAYMENT
Payment is required before each order is dispatched.
Where a payment is made by EFT, the proof of payment must be provided to ensure no delivery delay. Please note that the EFT proof of payment notification must come directly from the bank in the form of an email or text message in order for the order to be dispatched prior to clearing of the payment. Should the proof of payment be emailed as an attachment the payment will need to reflect before the order is dispatched. Notwithstanding such EFT, payment will only be deemed to have been received once it is reflected in the account of Brompton Cross.
Please quote you name and surname, or business name as the reference.
Brompton Cross accepts the following payment methods:
- Bank transfer (EFT) into Brompton Cross (Pty) Ltd bank account.
- Credit card payments via Visa or Mastercard credit or debit cards ONLY. Brompton Cross does not accept American Express and Diners Club credit cards.
Please note that Brompton Cross does not accept cheque payments.
CREDIT CARD ACQUIRING AND SECURITY
Credit card transactions will be acquired for Brompton Cross (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. This service is available on the Brompton Cross online store only at www.bromptoncross.co.za
Brompton Cross is able to accept credit card payments at markets using a YOCO machine to process the credit card transactions.
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is the South African Rand (ZAR).
If you have placed an order and for any reason decide to cancel it before payment is made, such cancellation will only be effective if conveyed to and received by us timeously and via email. Cancellation of orders after payment has been completed by the client will attract a 15% (Fifteen percent) administration fee if the client has already made payment and requires a refund. The client will also be liable to pay for all the delivery fees to the client and for the return of the product/s to Brompton Cross.
Prices of Products are quoted at the ruling daily exchange rate. Until the Company has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed.
Subject to availability and receipt of payment, requests will be processed within 5 days and delivery confirmed by email.
Delivery to major centres takes 3-5 working days from day of dispatch. Regional Areas will take an additional 24-48 hours.
Brompton Cross utilises the services of independent courier companies and these companies have their own terms and conditions which will apply between the Client and courier company and such conditions will prevail in case of a conflict with these terms and conditions.
- This is a door-to-door service
- Deliveries will take place between 08:00 – 17:00, weekdays, Monday to Friday only
- Deliveries on a Saturday will be subject to a surcharge
- A tracking number will be emailed to you once the parcel has been couriered. All shipments can be tracked online
Please note that the delivery will require someone to sign for and receive the parcels. Every effort will be made by Brompton Cross to ensure that the delivery process will be conducted in a professional and efficient manner. Brompton Cross will not be held responsible for delays caused by the Client or the courier company.
Should the following situation arise: Incorrect delivery address provided by the Client.
Brompton Cross will not be held responsible should parcels be signed for and collected at the delivery address provided. If the parcel is returned to Brompton Cross, we will then contact you to re-schedule the shipping. Please note that you will need to pay the delivery fee again before the parcel is re-shipped to you. It is essential that you ensure that the correct delivery address is provided.
The Client must provide the courier company with access to the premises, parking to the building where the goods are to be delivered and the required security passwords; any costs incurred due to delays to a lack of access will be for the Client’s account.
OWNERSHIP AND RISK
Ownership of the Product remains vested in the Company until such time that the price and all applicable taxes have been paid for in full and are reflected in the Company’s bank account. All risk in and to the Product will pass to the Client upon delivery or collection, as the case may be. If the Company used a courier company to effect delivery, such courier company’s terms and conditions apply to the delivery and will over-ride the Conditions.
It is strongly advised that the Client takes out insurance for the theft, loss of or damage to the Product in the case of delivery at the request of the Client. The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all.
We do offer the opportunity for Clients residing outside of South Africa to purchase our product. Please note that the Client is responsible for any additional taxes or import duties on the products purchased. Please email us at email@example.com to find out what the courier fees will be, or if you have any further questions.
RETURNS AND REFUNDS
Brompton Cross strives to ensure that all stock listed of the Brompton Cross website is available for immediate shipment. If there is a case of stock unavailability, Brompton Cross will inform the client within 12 (twelve) hours and offer a refund in full within 5 (Five) working days.
Brompton Cross will accept the following returns:
- If the product shipped has a defect or quality problem
- If an incorrect item was shipped by Brompton Cross (Pty) Ltd
Please notify Brompton Cross within 14 (Fourteen) days of the product being shipped if you have a reason to return a product. Notification after 14 days will result in the return not being authorised by Brompton Cross.
Please be sure to read the product specifications before placing an order as Brompton Cross will not accept a return of an incorrect item ordered. If you are still in doubt, address any queries or misapprehension to Brompton Cross (via the ‘Contact Us’ icon) and/or visit the frequently asked questions (via the FAQ icon) before proceeding with any transaction.
Brompton Cross takes all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Protection of Personal Information Act, Act 4 of 2013 (POPI).
Brompton Cross takes responsibility for all aspects within its reasonable control relating to the transaction including sale of Products and services sold on this website, client service and support, dispute resolution but will not be liable for delays caused by the Client or the courier company.
The Company shall not be liable for any loss or damage or whatsoever nature and howsoever arising unless due to the Company’s negligence. If such liability were to arise, it will be limited to the value reflected in the Quotation or Invoice. However, the Company will under no circumstances be liable for any consequential, indirect or economic loss or damage whatsoever and howsoever arising.
Neither Party shall be liable for any loss suffered by the other Party arising out of day in or prevention of performance of that party’s obligations in terms of the Agreement if such a delay or loss is directly or indirectly caused by force majeure or an event beyond that party’s control, provided that:-
- The onus is on the Party alleging the occurrence of such an event to immediately notify the other Party of such event in writing;
- The Party delayed or prevented from performing its obligations by the occurrence of such an event shall do everything that could reasonably be expected of it in order to remedy the situation;
- If the delay in performance of any obligation exceeds 10 (Ten) Business Days, the Parties will meet and endeavour to find an alternative means of performing the obligations in question. If the Parties fail to agree on such an alternative within a further 10 (Ten) day period either Party shall be entitled to terminate or suspend the Agreement forthwith, upon written notice to the other party. During such period of suspension, no obligations will arise.
- For the purposes hereof vis major and force majeure include acts or omissions of any government, government agency, provincial or local authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts of war or public enemy, illegal strikes, interruption of transport, lockouts, combination of workmen, rationing of supplies, flood, storm, fire or (without limitation eiusdem generis) any other circumstances beyond the reasonable control of the Party claiming force majeure or vis major and comprehended in the terms force majeure or vis major.
Should either Party commit any breach of the Agreement, the other Party shall be entitled to terminate the Agreement only if such breach constitutes a material breach. A breach shall be deemed not to be a material breach if:
- It is capable of being remedied within a reasonable time and is so remedied with 14 (Fourteen) days of receipt of written notice calling upon the defaulting party to do so, or alternatively,
- It is incapable of being remedied or is not remedied within the period set out above, if payment in money will compensate for such breach and such payment is made within 14 (Fourteen) days after receipt of written request for such payment.
- Subject to the provisions above, if a Party commits a material breach of the Agreement and fails to remedy such breach within 14 (Fourteen) days of receipt of written notice requiring the breach to be remedied, then the aggrieved party shall be entitled, as its option, either to cancel the Agreement and claim damages or alternatively to claim specific performance of all the defaulting party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
- Failure to meet agreed standards of the SLA: a breach of the timeframe provided for a critical or category one issue will be deemed to be a material breach.
Any and all disputes arising out of or in connection with the Agreement including any question regarding its existence, validity or termination, shall be dealt with as follows:
- Firstly, the partners, managing director or equivalent of either party will meet within 5 (Five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (Five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (AFSA), which mediator must be appointed within 5 (Five) days from the date the mediator is appointed. Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Cape Town within 2 (Two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of 1 (One) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations as to relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
- Notwithstanding the provisions of the preceding clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.
- No indulgence, extension of time, waiver or relaxation of any of the trading terms and conditions granted by a Party or a failure to enforce any provision of the Agreement shall constitute a waiver of any of that Party’s rights under the Agreement.
- Accordingly, that Party shall not be precluded from, as a consequence of having granted such indulgence, extension of time, waiver or relaxation, exercising any rights against the other which may have arisen in the past or which may arise in the future.
- Furthermore, no waiver of a subsequent breach nullifies the effectiveness of the provision itself.
Copyright and any other intellectual property rights in and to the Product remains vested in the Company. If third party licence agreements are to be used, the terms and conditions of such licences will apply.
The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to engage a lawyer to enforce or defend any of its rights or otherwise.
COUNTRY OF DOMICILE
These terms and conditions are governed by the laws of South Africa and Brompton Cross chooses as its domicilium citandi et executandi for all purposes, whether in respect of court process, notice, or other documents or communication of whatsoever nature the address that appears in its quotations and the jurisdiction of the court that resides in such magisterial district will apply.
Brompton Cross may, in its sole discretion, change this Agreement or any part thereof at any time without notice and it your duty to check this website for the latest version before entering into any transaction (as defined in the Consumer Protection Act, Act 68 of 2008 – ‘the CPA’) with us.
The Conditions, the Quotation and any annexures thereto comprise the entire terms of the relationship between the parties (the Agreement) and will be binding on each party’s successor in title. There exists no other terms, conditions, warranties, representation, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or otherwise that is not included herein.
The company based in South Africa, trading as Brompton Cross (Pty) Ltd and with registration number 2019/385246/07
Account name: Brompton Cross
Bank: First National Bank (FNB)
Branch Code: 250 655
Account Number: 628 208 860 28
Account type: Current
BROMPTON CROSS CONTACT DETAILS:
Cally 076 100 6855
Nicki 072 601 8012
Showroom address: BY APPOINTMENT ONLY
5 Bisset Road