Terms & Conditions
Thank you for choosing Athalia Tiles and Décor for your home decoration needs! We are sure you will find our products and services to be For the sake of complete certainty and your peace of mind, please ensure you familiarize yourself with these terms and conditions.
This document is your offer to us to enter into an agreement, in which we will supply goods and render services to
- By installing or allowing the goods to be installed, you hereby accept that you have had the opportunity to inspect the goods and that you accept their
- You must ensure that colour, shades, size and quality are acceptable before affixing the tiles or cutting the Athalia shall not be liable any claims whatsoever for tiles/slabs which have already been affixed/cut.
- All 2nd grade goods purchased or goods purchased as “specials” or at a Clearance Sale are purchased voetstoots, and you waive any claim in respect of the condition or appropriateness of such
3. SPECIALLY ORDERED GOODS
- No refunds shall be claimable in respect of Specially Ordered
- Athalia shall at its sole discretion be entitled to take possession of any goods which have been returned for credit, in which event the purchaser shall be entitled to a credit in respect of the goods so returned at the price at which they were sold or the value thereof as determined by us, and subject to 15% or such handling fees as may be
- We reserve the right not to accept goods returned for credit. Goods returned for credit must be returned within 7 days of purchase and accompanied with the original invoice, accompanied by the original purchase slip, cashier signed &
- No credit will be allowed on goods made or ordered specially to purchaser’s These include but are not limited to, non- stock items and Random Polished Slabs once they have been cut.
4. PAYMENT FOR OUR GOODS AND SERVICES
- For our goods (unless they form part of the services below), you agree to pay us the full cost of the goods upfront before such goods are ordered or delivered to
- You agree that payment shall only have been made to us when it has been received into our bank
5. TRANSFER OF RISK AND OWNERSHIP
- Risk in any physical goods delivered to you or installed for you transfers upon arrival of the goods at the vehicle entrance gate of such
- We accept no responsibility whatsoever for any damage caused if required to load or offload on private
- Ownership of any such goods above shall vest in us until such goods purchased have been paid for in full. We shall be entitled to remove goods delivered to you, at your cost, if payment to us is not In such case, you agree to indemnify us from all claims arising here from.
- Ownership of all goods and services leased from us vests in us at all times.
- You agree to be liable for the cost of repairs to, or replacement of, any goods or services lost or damaged, at our sole
- Orders are accepted by Athalia subject to stock availability and we accept no liability in respect of any delays in delivery of the goods ordered. We reserve the right to deliver goods in two or more installments and further reserve the right to withhold supplies in the event of any breach of any of these terms and conditions for any reason which we consider warrants such
- Delivery shall be completed when the goods are off-loaded at its destination by Athalia or when the goods are loaded by the purchaser, alternatively a courier engaged to transport the goods to and/or on behalf of the
- Notwithstanding the aforesaid of any term in this agreement, delivery shall be deemed completed against signature of Athalia delivery note by the purchaser or any representative of the purchaser.
- In the event that a courier is engaged on behalf of the purchaser, it is accepted and agreed that the courier acted as agent for the purchaser.
- Athalia shall not be liable under any circumstances for any complaint or claim for any alleged shortage in delivery or defect in the goods unless written notice is received by us within 48 hours after delivery of the goods to the
6. CESSION AND DELEGATION
- You may not sell, cede, assign, delegate or in any other way alienate or dispose of any of your rights and obligations in terms of this Agreement without our prior express written approval. We shall be entitled to sell, cede, assign, delegate, alienate, dispose of or transfer any or all of our rights and obligations in terms of this Agreement to any third party without your consent, and without notice to
7. AMENDMENT OF THE AGREEMENT
- We reserve the right to amend our terms and conditions, prices and other policy documents from time to time on written notice to you, or by publishing any new version of the Agreement on our
- Any new version of this Agreement published on our website will become effective 30 days after the date on which it is first It is your obligation to visit our Website on a regular basis in order to determine whether any amendments have been made.
- Any change in terms of this clause does not cancel your agreement with
- You may not change any provisions of this
8. YOUR CONSENTS
- Please note that, in this age, every business uses customer information, and your consent in terms of the Protection of Personal Information Act (“POPI”) is therefore required. You therefore consent to our use and processing of your personal information in terms of
- You further consent that we may obtain credit reports on you from the credit
- The Surety named in this and all other agreements with us, signs as surety and co-principal debtor for the due fulfillment of your obligations to
- You warrant that all the information furnished to us by you or on your behalf is correct, and that you shall forthwith notify us in writing of any changes in this
- You warrant that you will regularly check our website for any changes to our terms and conditions or other policies, and that you will not use the Services if you do not agree to the most recent version of our terms and
- All natural persons contracting with Athalia on behalf of a juristic person warrant that they are duly authorized to do so, and acknowledge that, in the event that they were not authorized to do so, then they shall be held jointly and severally liable for all amounts due to Athalia by the juristic
10. INDEMNITY AND LIMITATION OF LIABILITY
- Although we strive to provide excellent goods and services to you at all times, sometimes delays The Service is provided “as is”. We therefore do not guarantee that the Services will be always be safe, free of errors or interruptions, or that they will conform to your delivery timeline requirements.
- Our liability to you for any reason is limited to the full extent permitted by law. You agree to indemnify us for any lost profits, revenues, information or data; consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to this
- We (including any third party for which we are responsible) will not be responsible for any loss resulting from, inter alia: any circumstances beyond our control, cybercrime, mistakes, omissions, uncontrollable natural forces in operation, strikes or labour disputes, riot, civil commotion or unrest, any type of restriction imposed (or action taken) by a government or statutory authority or any other third party; any Service interruption, delay, power cuts, failure or malfunction in any equipment, electronic data terminal, network or other
- To the fullest extent permitted by law, we also disclaim all warranties be they explicit or implied, including but not limited to implied warranties of fitness for a particular purpose, title, and non- infringement.
- Our liability to you shall be limited to an amount equivalent to the proportionate value you paid for the Services, during the month in which such liability
11. CANCELLATION AND TERMINATION
- You may not cede or transfer any of your rights or obligations (duties) in this Agreement without our prior written
- Notwithstanding termination of this agreement, you shall be liable to pay for all good and services
- Should either Party commit a breach of any provisions of this agreement and fail to remedy such breach within 5 days of receiving written notice from the aggrieved Party requiring it to remedy the breach, then the aggrieved Party shall be entitled, without prejudice to its other rights in law, to cancel this agreement or to claim specific performance without prejudice to its right to claim
13. If you fail to pay any amount under this agreement on due date, then we shall be entitled without prejudice to any of our rights to suspend the Services in whole or in part. DEFINITIONS
- “Agreement” – These terms and conditions as read together with the schedule of the face hereof;
- “Day” means a calendar day; “Juristic Person” means a company or close corporation and includes a body corporate, partnership, association or trust;
- “Athalia”, “we”, “us” and “our” means Athalia Tiles and Décor, Registration Number 2014/085209/07;
- “Services” – means the services we provide to you, including but not limited to delivery and installation;
- “You” or “your” or “Customer” means the person whose details appear on the face hereof, and includes the Surety;
- “Surety” means the natural person who signs surety for the person contracting with us;
- “Website” means www.athaliatad.co.za;
- “Written notice/in writing” means notification in any tangible or electronic or printed form including email
- “Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of Athalia including the termination or suspension of a service or product provided by a third party suppliers, that may result in a delay or a failure to provide any product or service; and
- The headings of the paragraphs are for the purposes of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this agreement or any paragraph hereof.
- Unless a contrary intention clearly appears, words importing –
- any one gender include the other gender;
- the singular includes the plural and vice versa; and
- natural persons include created entities (corporate or unincorporated) and the State and vice
- Unless the context clearly indicates otherwise, the terms defined herein shall throughout this agreement have the meanings assigned to them, and cognate expressions shall have corresponding meanings. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive provision of this
- Where any term is defined within the context of any particular paragraph in this agreement, the term so defined, unless it is clear from the paragraph in question that the term so defined has limited application to the relevant paragraph, shall bear the same meaning as ascribed to it for all purposes in terms of this
- A reference to “this/the agreement” includes all Annexures and Schedules. Except where the contrary is indicated, any reference in this agreement to this agreement or any other document shall be construed as a reference to this agreement or the relevant document as amended, varied, novated or
- Any reference in this agreement to “date of signature” shall be read as meaning a reference to the date of the last signature to this agreement.
- The use of the word “including”, “include” or any derivative thereof followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding
- When any number of days is prescribed in this agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public
- Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail unless the context clearly indicates
A reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any rules, regulations or notices issued under that legislation or legislative provision.
- The parties agree that the validity, interpretation and/or enforcement of this agreement will be governed by the laws of the Republic of South
- The rights, powers and remedies provided in this agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this agreement unless such rights, powers or remedies are expressly
- The expiration or termination of this agreement shall not affect such of the provisions of this agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the paragraphs themselves do not expressly provide for
- The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of the agreement, shall not
- Should any Annexures or Schedules attached to this agreement deviate from or be at variance with the provisions of the main part of the agreement, the latter shall prevail unless specific reference is made to such deviation on the said Annexure or Schedule citing the paragraph of the main part of the agreement that is amended by such
- The Parties choose their respective domicilium citandi et executandi for all purposes in connection with this agreement at the physical addresses and email addresses set forth on the face
- The agreement constitutes the entire agreement between the parties in regards to the subject matter thereof. Neither party shall be bound by any representation, express nor implied term, promise or the like not recorded herein or reduced to writing and signed by the parties or their representatives. No addition or variation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the
- No indulgence that we may grant to you shall constitute a waiver of any of our
- South African law shall apply to this
- Should any provision of this agreement, or part thereof, be invalid, then it shall be severable from the rest of the agreement, without invalidating the rest of this
- The parties consent to the jurisdiction of the Magistrate’s Court in terms of section 28 of the Magistrates Court Act 32 of 1944, notwithstanding that any amount in dispute may exceed the monetary jurisdiction of said court; and provided that Athalia shall be entitled to elect to proceed in the High Court at its sole
- In the event that Athalia institutes legal action in terms of this agreement, you agree to be liable for Athalia’s legal costs on the attorney-and-own-client
- Neither party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded
- No addition to, variation, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the
- The relevant Product/Service Specific Terms will apply if there is any conﬂict between them and the Terms in this
- If Athalia is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this agreement due to any reason or cause beyond their control of Athalia or by reason or force majeure, Athalia shall be relieved of their obligations in terms of this agreement during such period
- By effecting payment /accepting a quotation from Athalia, you hereby agree to the above terms and conditions.