CALLITOUT (Pty) Ltd.
Terms and conditions of sale
1.1 These terms and conditions of sale of goods (“Contract”) apply to all goods supplied via www.callitoutit.co.za (“Website”) or directly by CALLITOUT (Pty) Ltd herein (“CALLITOUT”) whose registered office is at 1 Silverdale, 16 Arum Road, Tableview, Cape Town, South Africa.
1.2All references to “Customer” refer to the person or juristic person who the products are marketed or supplied to by CALLITOUT.
1.3 This Contract will come into force between the Customer and CALLITOUT for the sale of any goods when CALLITOUT has –
1.3.1 received the Customer’s order (“Order”) for the goods (“Goods”); and
1.3.2accepted the Order by issuing the Customer with a proforma invoice (“Sales Order”) or in the case where no Sales Order is issued, a tax invoice (“Tax Invoice”).
1.4 Once the above requirements have been met, there is a legally binding contract between the parties.
1.5 CALLITOUT reserves the right to vary or amend the terms of this Contract from time to time with regards to future sales. The Customer may request a free copy of the latest Contract from CALLITOUT.
Pricing & Stock Availability
2.1Prices displayed on the Website are Retail prices, Including VAT.
2.2 All prices are exclusive of delivery charges.
2.3The images of the Goods on the Website and other advertisements are for illustrative purposes only and may differ from the actual Goods.
2.4 The prices of the Goods are as per the CALLITOUT prices at the time of the Order or quotation (“Quotation”), however prices are linked to the Rand - US Dollar exchange rate and are subject to change until date of Sales Order or Tax Invoice, whichever is issued first.
2.5The price payable by the Customer will be the price as at the date of the Tax Invoice, this price may differ to the price on the Website or Quotation due to the fluctuation in the exchange rate of the Rand.
2.6The Goods are subject to availability of stock. If on receipt of the Order, the Goods the Customer has ordered are not available in stock, CALLITOUT will inform the Customer as soon as possible.
2.7Availability of stock from third party affiliate suppliers may also affect the prices. Every effort is made to ensure that prices shown on the Website and advertisements are accurate at the time the Customer places the Order. If an error is found, CALLITOUT will inform the Customer as soon as possible and offer the Customer the option of reconfirming the Order at the correct price, or cancelling the Order. If CALLITOUT does not receive an Order confirmation within one (1) business days of informing the Customer of the error, the Order will be cancelled automatically. If the Customer cancels the Order, or if the Order is cancelled automatically due to the expiry of the one (1) business day period, CALLITOUT will refund the Customer the price paid for the Goods, if any.
2.8CALLITOUT has the right to change the prices of the Goods from time to time without prior notice to the Customer.
3.1CALLITOUT will accept written (including via the Website) and verbal Orders. CALLITOUT will not be responsible for any errors or misunderstandings occasioned by the Customers’ failure to place a written Order.
3.2If telephone Orders are placed by the Customer, CALLITOUT may require such Orders to be confirmed in writing by the Customer, prior to acceptance thereof by CALLITOUT.
3.3In the event that Goods are not collected within 7 business days of placing the order, CALLITOUT reserves the right to cancel the Order.
3.4 Orders for non-standard Goods (“Special Order Goods”) (local or international) and Orders for large quantities of Goods will require the Customer to pay a 50% (fifty per cent) deposit of the estimated Order value to CALLITOUT.
3.5 In the event that the Customer cancels the Order for Special Order Goods or Order for large quantities at any time after acceptance thereof by CALLITOUT, CALLITOUT shall be entitled to charge the Customer a reasonable penalty fee. The penalty fee payable will be equivalent to the 50% (fifty per cent) deposit paid.
3.6 No stock will be reserved for any orders placed until payment has been made and reflects in our bank account.
3.7Quotations issued are only valid for one (1) working day. Payments processed on expired quotations will require the customer to pay in any shortfall on price changes.
4.1Payment terms are strictly cash on delivery (“COD”) unless a credit facility has been approved by CALLITOUT. Goods will only be released once payment has been received by CALLITOUT and reflects in our bank account.
4.2Payment options available
4.2.1Electronic Funds Transfer ("EFT") directly into one of CALLITOUT's bank accounts
4.2.2Cash Payment to a duly authorised representative of CALLITOUT.
4.3 CALLITOUT will provide the Customer with a Tax Invoice via email or with delivery of the Goods when requested.
4.4The Customer shall not withhold payment or make set offs or deductions from any payment due by it for any reason whatsoever. No extension of payment of any nature will be granted unless reduced to writing and signed by the Customer and a duly authorised representative of CALLITOUT.
4.5 CALLITOUT shall have the right to suspend deliveries, refuse to accept Orders and exercise its rights in terms of clause GRANTING AND WITHDRAWAL OF CREDIT if any amount due by the Customer is unpaid or the Customer’s credit limit is exceeded.
4.6If any amount owed is not settled in full on due date or on demand, CALLITOUT is entitled to, without prejudice to any of its rights;
4.6.1 immediately institute action against the Customer;
4.6.2hand the Customer over to its attorneys for collection of the outstanding debt, the Customer shall be liable for any legal costs incurred related to such collection; and/or
4.6.3list the defaulting Customer as a defaulter with credit bureaux in line with Regulation 19(4) of the National Credit Act 34 of 2005.
4.7 Should any amount not be paid by the Customer on due date, the full outstanding amount in respect of all purchases by the Customer shall become due and payable, and the Customer shall be liable to pay interest in respect of amounts unpaid at the prime rate (prime rate shall be the variable interest rate calculated and charged from time to time by Nedbank Bank Limited to its most favoured corporate customers in respect of unsecured overdraft facilities, as certified by any manager or director of such bank, whose appointment need not be proved and whose certificate shall, save in the event of manifest error, be final and binding on the parties). Such interest shall be calculated and payable daily on the balance outstanding from time to time by the Customer and shall be added to the amount/s due to by the Customer in respect of the outstanding purchase prices of the applicable Goods ordered.
4.8CALLITOUT does not accept payment via cheque.
4.9No discount or extension is allowed unless agreed to in writing by a duly authorised representative of CALLITOUT.
5.1 Goods will only be released once payment has been received by CALLITOUT and reflects in our bank account.
5.2 Any delivery note (copy or original) (“Delivery Note”) signed by the Customer and/or its authorised representative and/or its nominated agent and held by CALLITOUT, shall be prima facie proof that delivery was made to the Customer.
5.3The Customer must inspect the Goods on receipt and be satisfied that the Goods conform in all respects to the quality and quantity ordered and are free from any defects.
5.4Upon receipt of the Goods the Customer will be asked to sign for the Goods received in good condition. If the package does not appear to be in good condition, or the Customer is unable to check the contents then please refuse the delivery. Failure to do so may affect any warranty claims that the Customer may make thereafter.
5.5 CALLITOUT reserves the right to charge delivery charges.
5.6 The Customer may elect to instruct the preferred third party courier as elected by CALLITOUT to deliver the Goods purchased, the delivery charges will be added to the Tax Invoice, alternatively the Customer may elect to instruct their own courier service for collection of the Goods and pay that courier directly. In either circumstance, the Customer indemnifies CALLITOUT against any claims of any nature whatsoever that may arise therefrom.
5.7 When authorising CALLITOUT to engage a Third Party Courier, the Customer understands and agrees that
5.7.1 the Customer and the preferred courier will be the parties to the Courier Service Agreement.
5.7.2the Customer is bound by the terms and conditions of the preferred courier available on request from CALLITOUT or from the courier directly.
5.7.3the Customer will be liable for the couriers’ fees and same will be added to the Customer’s invoice, and payment thereof is as per the existing, agreed payment terms with CALLITOUT.
5.8All risk in the goods passes to the Customer when the Customer collects the goods from CALLITOUT. Should the Customer elect to use the preferred courier, CALLITOUT shall not be liable for any damage to, or loss of the goods once they leave the premises of CALLITOUT. All risk in the goods passes to the Customer once handed over to the preferred third party courier. An invoice, signed by the courier shall be proof that the order was collected by the courier on behalf of the Customer. The Customer hereby indemnifies CALLITOUT from any claims of any nature whatsoever that might arise from engaging the preferred courier's services, unless such claim arises as a result of gross negligence on the part of CALLITOUT.
5.9 When using the preferred courier,
5.9.1 Limited insurance is included on orders when using CALLITOUT's preferred courier service. Please confirm with a Sales Consultant at the time of carriage. When not making use of CALLITOUT's preferred courier service, it is advisable that the Customer takes out additional insurance (making use of a third party insurance company) for the goods while in transit.
5.9.2Any complaints regarding damaged and/or missing goods will be made by the Customer to the couriers directly.
5.9.3The turn-around time given for delivery is an estimate and CALLITOUT cannot be held liable should the courier not deliver on time.
5.9.4Delivery coverage areas may be adjusted from time-to-time by the preferred couriers. CALLITOUT Sales Consultants should be contacted to verify coverage.
5.9.5The preferred courier rates relevant to CALLITOUT per coverage area are available from our Sales Consultants.
5.10 CALLITOUT is entitled to engage a third party courier to transport Goods to or from the Customer on its behalf.
5.11 A delivery date is only an estimate as to when the Goods will be delivered, CALLITOUT does not guarantee that the Goods will be dispatched or delivered on any particular date and time, and the Customer shall have no claim against CALLITOUT in respect of any loss occasioned by any reasonable delay in dispatch or delivery of any Goods ordered, nor may the Customer cancel any Order by reason of such delay.
5.12The Customer undertakes to grant access to CALLITOUT, its subcontractors and/or their respective employees to deliver the Goods ordered at such premises, and neither CALLITOUT, its subcontractors nor their respective employees shall be liable for any loss and/or damage caused, whether be negligence or otherwise, to any person and/or property, and/or consequential loss or damages arising from the entry and/or activities of CALLITOUT, its subcontractors and/or their respective employees, effecting delivery of the Goods ordered.
5.13CALLITOUT shall be entitled to split the delivery of the Goods ordered in the quantities and on the dates it decides with the prior consent of the Customer, which consent shall not be unreasonably withheld.
Ownership and risk.
6.1As stated above, all risk in the goods passes to the Customer when the Customer collects the goods from CALLITOUT. Should the Customer elect to use the preferred courier, CALLITOUT shall not be liable for any damage to, or loss of the goods once they leave the premises of CALLITOUT. All risk in the goods passes to the Customer once handed over to the preferred third party courier. An invoice, signed by the courier shall be proof that the order was collected by the courier on behalf of the Customer. The Customer hereby indemnifies CALLITOUT from any claims of any nature whatsoever that might arise from engaging the preferred courier's services, unless such claim arises a s a result of gross negligence on the part of CALLITOUT.
6.2Ownership in all Goods sold and delivered shall remain vested in CALLITOUT until the full purchase price has been paid.
7.1Return of Goods that did not match the Order
7.1.1If the Goods do not match what was ordered, the Customer is requested to notify CALLITOUT as soon as possible after delivery and the Goods must be returned to CALLITOUT within 10 (ten) business days after delivery.
7.1.2If the Goods are returned because they did not match what was ordered and the Goods are not in their original condition and repackaged in their original packaging, CALLITOUT may be entitled to charge a reasonable amount for use of the Goods during the time they were in the Customer’s possession, any consumption or depletion of the Goods, or for necessary restoration costs to render the Goods fit for re-stocking.
7.2Return of defective Goods
7.2.1All Goods sold have a 6 (six) month warranty against defects, unless otherwise stated in writing by CALLITOUT. Customer must keep their proof of purchase to verify the date of purchase. Please note that this warranty may fall away if the Goods have been altered contrary to instructions or after leaving the control of CALLITOUT.
7.2.2If the Goods are returned within 1 (one) year of purchase, and has been proven to be defective by a CALLITOUT technician, CALLITOUT, at it's election, shall either replace, repair or refund the Goods.
7.2.3Any Goods damaged due to power surges, black outs or lightning will not be exchanged under warranty.
7.2.4A service fee of R50.00 will be charged for goods submitted for RMA that are found to be without fault upon testing.
7.2.5The Customer hereby agrees that any item under warranty returned for a repair may be sold by CALLITOUT to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the repairs have been completed.
7.3Return of unwanted Goods
7.3.1CALLITOUT reserves the right to charge a handling fee of up to 15% (fifteen per cent) of the value of the returned Goods in the event that a Customer cancels an Order and CALLITOUT accepts the return of unwanted Goods. CALLITOUT will only entertain such requests if made within 7 (Seven) business days of delivery of the Goods.
Protection and Processing of Personal Information
8.1The Customer understands that the personal information given to CALLITOUT is to be used for the purposes of assessing credit worthiness and in order to perform in terms of this Contract. The Customer confirms that the information given to CALLITOUT is accurate and complete. The Customer further agrees to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which CALLITOUT will not be liable for inaccuracies.
8.2 CALLITOUT will not use the Customer’s personal information for any purpose (other than as stated above) without the Customer’s express consent. CALLITOUT will not use or disclose the Customer’s personal information to third parties without the Customer’s consent, unless the use or disclosure is -
8.2.1required to carry out the performance of this Contract or any other agreement between the parties;
8.2.2required in order to comply with applicable law, order of court or legal process; and/or
8.2.3disclosure is necessary to protect and defend the legitimate interests of CALLITOUT.
8.3The Customer agrees and understands that information given in confidence to CALLITOUT by a third party on the Customer will not be disclosed to the Customer.
8.4The Customer hereby consents to and authorises CALLITOUT at all times to furnish credit information concerning the Customer’s dealing with CALLITOUT to a credit bureau and to any third party seeking a trade reference regarding the Customer in his dealings with CALLITOUT.