This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website https://www.egodesign.co.za to you.
Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please tick the box marked "I’ve read and accept the terms & conditions" at the end of ordering process if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.
1.1 Egodesign.co.za is a site operated by 13H Studios (Pty) Ltd trading as Ego Design. We are registered in South Africa under registration number 2014/192958/07 and with our registered office at 2 Hillcrest Drive, Beacon Bay, East London. Our VAT number is 4840275285.
1.2 You are registered with us and these are the Terms and Conditions of sale (the "Terms") that apply to transactions between you and us.
1.3 By purchasing any products from us (the "Product(s)") and by using the Website or submitting orders in accordance with condition 2.3 you acknowledge that you have read and you agree to be bound by and comply with these Terms.
1.4 A working day is any day other than weekends and bank or other public holidays.
1.5 The Contract is the contract between us and the business customer for the sale by us and purchase by you of the Product(s) in accordance with these Conditions.
1.6 In these Terms, the following rules apply:
1.6.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.6.2 A reference to a party includes its personal representatives, successors or permitted assigns.
1.6.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
1.6.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.6.5 A reference to writing or written includes e-mails.
1.7 You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract. Any representations about the Products shall have no effect unless expressly agreed in writing and signed by one of our authorised representatives.
1.8 Any photos, samples, drawings, descriptive matter, or advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or any other contract between you and us for the sale of the Products.
2. Purchase of Products
2.1 The placing of a Product on our Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been acknowledged and payment made).
2.2 You shall ensure that the terms of your order are complete and accurate.
2.3 If we agree to allow you to open a managed trade account (a "Trade Account") with us you may email or telephone us with your order. We will then manually input your order into our online Website system to process the order (such orders shall be referred to as "Manual Input Order(s)"). You will then be sent an order acknowledgement containing details of your Manual Input Order which you must check for any errors, this is your responsibility. If you discover any errors you must notify us within 1 working day of the date of the order acknowledgement otherwise we will not be able to make changes to the order details and we are not responsible or liable to you for such errors unless we have failed to correct them following notification from you received within the 1 working day time limit.
2.4 After placing an order, including Manual Input Orders, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products.
2.5 All orders, including Manual Input Orders, are subject to acceptance by us, we will notify you by email confirming whether we have accepted your order (the "Order Confirmation"). At the same time, if we have accepted your order, we will notify you of delivery dates. The contract between us ("Contract") will only be formed when we send you the Order Confirmation for your order.
2.6 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Order Confirmation.
2.7 Any order, including Manual Input Orders, (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you as soon as possible following the Order Confirmation. Either us or you may then cancel the part(s) of the order relating to the unavailable Product (including those Products which can be reasonably linked to the unavailable Product) or we will, where possible, give you the choice of purchasing an alternative from us (an "Alternative"). A full refund will be issued to you for all cancelled parts of your order after we have received from you or sent notification of cancellation of the order. If you choose to purchase an Alternative in accordance with this condition 2.7 these Terms will apply. If an Alternative is chosen and payment has already been taken for the order we will refund to you any overpayment or, in the case of an underpayment, you will pay us any additional sums due in relation to the Alternative.
2.8 In the event that a Product is listed or quoted at an incorrect price due to an error, we will notify you within 14 days of the Order Confirmation of the correct price by email or telephonically. Either we or you may then cancel the part(s) of the order relating to the incorrectly priced Product (including those Products which can be reasonably linked to the incorrectly priced Product) or you may purchase the incorrectly priced Product(s) at the correct price. If you confirm you want to purchase the Product at the corrected price we will then arrange delivery of the Product to you. If payment has been taken for the Product and you cancel your order we will, on return of the Product (if the Product has been sent out) issue a refund. If only some of the Products you ordered are mispriced it will not affect the order in relation to any Products which were priced correctly.
2.9 For the avoidance of doubt, for ordered Products which are not on our standard stock list, which are being made to your order or which are or have been acquired by us specifically to fulfil your order there will be no right to cancel in respect of those Products.
2.10 Some of our Products are sold as Grade A, Grade B or Ex-Display which means that they may have slight cosmetic defects or may have previously been sent out and sent back as an unwanted item. You accept that such Products may have defects and/or the level of quality in respect of these Products may be reduced and that our warranty in relation to these Products is limited to complying with the definitions relating to these Products. Where Products are Grade A, Grade B or Ex-Display it will be noted in the Product description on the Website.
3.1 The Products will be delivered to the address you give when you place your order however we reserve the right not to make deliveries outside of South Africa.
3.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Products that is caused by a force majeure event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
3.3 Risk in the Products passes to you when the Products are signed for at the delivery address stipulated in your order (including Manual Input Orders). We accept no responsibility for any damage to or loss of the Products after the risk passes.
3.4 It is your responsibility to check the Products upon delivery. Upon receipt of your order you will be asked to sign for the Products confirming receipt in good condition. If the Products do not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty or other claims that you make thereafter.
3.5 We will inform you as soon as possible after Order Confirmation if we are unable to deliver the Products to you on the date requested by you and we will, in consultation with you, set an alternative delivery date or period. We shall not be liable to you for any damage or loss you incur as a result of delay in delivery.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that we have accepted your order (the Acceptance Confirmation) The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation.
4.2 The Contract will relate only to those Products we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Acceptance Confirmation.
4.3 Any photos, drawings, descriptions or advertising we issue, and any photos, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products.
5. Consumer rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
5.3.1 computer software which has been unsealed; and
5.3.2 consumable goods except where a fault has been discovered that could not have been identified without unsealing the Products.
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Acceptance Confirmation. This provision does not affect your statutory rights.
6. Availability and delivery
6.1 Your order will be fulfilled by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified, then within 30 days of the date of the Acceptance Confirmation, unless there are exceptional circumstances.
6.2 Delivery will be made to the address specified in your order. Should you wish to change the delivery address after your order has been dispatched from us, no fee will be charged if it´s the same region. Full delivery will be recharged if it´s a different area. (a redirection approval is subjected to your order).
6.3 Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request providing further security checks are not required and all the Products are available.
6.4 There will be no delivery until clear funds have been received.
7. Risk and title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price and payment
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product´s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit card, Electronic Fund Transfer or bank deposit. We shall not dispatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds.
8.7 Your credit details will be encrypted by us to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or email. We will charge you an administration fee each time your bank is unable to process your payment.
9. Our refunds policy
9.1 When you return a Product to us:
9.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon the goods are returned and checked by our technicians. In this case, we will refund the price of the Product in full, excluding the cost of sending the item to you. There will be a Handling fee charged if the product is returned within 7 days and it’s opened or any of the packaging is not complete. If you return the product after 7days for refund, you will be required to contact us before returning for authorisation and all delivery costs will be covered by you if we accept. We recommend that all items are returned via a recorded delivery method, as we will not be liable for any damage or loss whilst in transit;
9.1.2 for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and if you are entitled, we will notify you of your options to either repair, replace or refund via email within a reasonable period of time. We will usually process your elected repair, replacement or refund as soon as possible and, in any case, within 7 days of the day you confirm whether you opt for repair, replacement or refund for the defective Product. If you elect a refund of a Product returned by you because of a defect it will be refunded as per our refunds policy, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by returning the defective Product to us within 7 days of purchase. If you elect a repair or replacement of a defective Product we will not charge you for redelivery of the repaired or replaced Product.
9.1.3 If you elect to return the defective Product to us using your own method of delivery within the 7 days period, we will refund up to R100 of the costs incurred by you. This will only be refunded upon the receipt of proof of the carriage costs.
9.2 Any Products that are over 7 days old and the Product has been confirmed to be defective, the refund will be calculated based on the condition of the product and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.
9.3 Refunds of any money received from you will be made to the same card originally used by you to pay for your purchase and paid back into the same account.
9.4 To return a Product for any other reason, see our Returns Policy
10. Our liability
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
10.2 You accept that any Products purchased which are listed as grade A, grade B, ex-display products or used stock (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have a warranty of 90 days for grade A and ex-display and 30 days for grade B. Where products are grade A, grade B, ex-display or used stock it will be noted in the Product description on the site.
10.3 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.
10.4 This does not include or limit in any way our liability:
10.4.1 for death or personal injury caused by our negligence;
10.4.2 for fraud or fraudulent misrepresentation;
10.4.3 for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
10.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.5 We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:
10.5.1 loss of income or revenue;
10.5.2 loss of business;
10.5.3 loss of profits or contracts;
10.5.4 loss of anticipated savings;
10.5.5 loss of data, or
10.5.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of clauses 10.5.1 to 10.5.5 inclusive of this clause 10.5.
11. Data Protection
11.2 For your security, when ordering from us we only use Secure Socket Layer (SSL) technology, to ensure you cannot inadvertently place an order through an unsecured connection.
11.3 By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We may pass your details to a third party unless otherwise indicated to by you.
12. Protecting your security
12.1 To ensure that your credit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
12.2 By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly.
12.3 During security checks we may ask for additional information or documentation to help support the data you have supplied.
13. Import duty
13.1 If you order Products from our site for delivery outside SA, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
14. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be issued to Ego Design at Beacon Bay Crossing, Beacon Bay, East London. We may give notice to you either by email, telephone or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16. Transfer of rights and obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks;
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. Our right to vary these terms and conditions
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system´s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by law. If you have a credit account with us please pay particular attention to conditions 6. If you are purchasing for export outside South Africa please pay particular attention to condition 9 and 13.
23. Service availability
Our site is only intended for use by people resident in the South Africa and we reserve the right to not accept orders from individual´s resident elsewhere.
24. Your status
By placing an order through our site, you warrant that:
24.1 you are legally capable of entering into binding contracts;
24.2 you are at least 18 years old;
24.3 you are resident in the South Africa; and
24.4 you are accessing our site from South Africa.
25. Contact Details
25.1 Post: 2 Hillcrest Drive, Beacon Bay, East London 5241
25.2 Tel: +27 43 748 2819
25.3 Email: email@example.com