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Dye House Yarns

TERMS OF SALE

TERMS OF SALE

  1. Introduction.These terms cover any transactions where we provide goods to you through this website.
  2. The parties. We are the vendor under these terms. You are the customer under these terms.
  3. Duration. These terms commence when you accept them and continue until terminated.
  4. Orders. You place orders with us on the following basis:
    • you promise that you have the legal capacity to enter into the transaction;
    • we only conclude an agreement when we dispatch our goods to you;
    • we may cancel any order, but we will refund any money you have paid if we do;
    • we conclude an agreement where you are domiciled; and
    • each order is a separate agreement, but you breach all of them if you breach one.
  5. Goods. We sell the goods to you on the following basis:
    • you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
    • we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
    • risks related to the goods pass to you on delivery;
    • ownership in the goods passes to you on payment of the fees in full; and
    • you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
  6. Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
  7. Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
  8. Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
  9. Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
  10. Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
  11. Indirect damages excluded. We are not liable for anyother losses that they may cause you.
  12. Breach. Please don’t breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
  13. Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
  14. Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
  15. Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
  16. Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
  17. Entire agreement. The agreement is the entire agreement between the parties on the subject.
  18. Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
  19. Governing law. South African law governs this agreement.
  20. Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court.