LIMITED STANDARD TERMS & CONDITIONS OF SALE (‘this agreement’)
In this Agreement,
the “Customer” means any person who places an Order with 2Yellow (either as a private consumer or as or on behalf of a business);
the “Goods”
means any items sold or supplied by 2Yellow under an Order;
“2Yellow”
means 2Yellow (PTY) Ltd, a company in South Africa with company number 2020/620774/07 and a registered address at 21 Schmidtsdrift Road, Rhodesdene Kimberley, 8301 South Africa; website: www.2yellow.co.za
“Order”
means any request or order (via phone, web order) to purchase the Goods.
the “Parties”
refers to the Customer and 2Yellow
- Validity
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties.
1.2 Any Order is subject to acceptance by 2Yellow. 2 Yellow is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by 2Yellow does not in itself constitute acceptance by 2Yellow of the Order.
1.3 2Yellow may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the 2Yellow website.
- Goods being sold
2.1 Descriptions and specifications for the Goods are set out on the 2Yellow’s website at the time of the Order.
2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and 2Yellow may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.
2.3 If any Goods are unavailable or out of stock then 2Yellow may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, 2Yellow may vary the Order with the Customer’s approval.
2.4 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
- Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on the 2Yellow website at the time of the Order. 2Yellow reserves the right to update prices at any time. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in South African Rands.
3.2 Unless otherwise stated, all prices quoted include Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case 2Yellow shall be under no obligation to honour the incorrect price or Order.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the 2Yellow website. EFT payments usually require a minimum of 4 working days to clear and the Customer order or quote number MUST be referenced with payment.
3.5 2yellow’s Price Promise applies to any lower published price for a like-for-like product offered on the same terms in South Africa. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as 2yellow’s and the competitor must have stock availability at the time of ordering. The price will not be matched where there are ‘hidden extras’ such as delivery charges. In order to qualify, the price must be published in writing.
- Delivery
4.1 Delivery is included in the advertised selling price on the 2Yellow website.
4.2 Standard Delivery, provided stock is available will be delivered within 5-7 working days (A working day excludes weekends and public holidays)
4.3 Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location. No rural deliveries, eg farms, plots or villages. 2 Yellow will only deliver to the nearest urban area or courier depot.
4.4 2Yellow will use reasonable endeavours to meet delivery estimates in all cases however 2Yellow cannot be held liable for any loss or damage due to delay in delivery.
4.6 Goods delivered are used, stored and installed at the Customer’s own risk and 2yellow will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by 2Yellow to the Customer before delivery.
4.7 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer’s sole risk.
- Warranties and Returns
5.1 Subject to the conditions in this Clause 5, Goods sold in the South Africa may be returned for a refund, exchange or replacement within 7 days provided they are returned unused, in a saleable condition and in their original packaging. Goods that have been opened, marked/soiled, damaged or used will only be entitled to a partial refund (not exceeding 60% of the purchase price) after assessment by 2Yellow. Goods deemed non-saleable will not be refunded and will only be returned at the Customer’s cost. Certain large or bulky items may also be subject to a restocking fee. Certain Goods cannot be returned for hygiene reasons. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the 2Yellow website. The carriage cost of returns may be refunded in whole or in part to the Customer at 2Yellow’s discretion.
5.2 Goods are guaranteed against defects in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at 2Yellow’s discretion. Parts and labour under this warranty are guaranteed in South Africa only.
5.3 Goods that are missing from delivery or damaged due to delivery must be reported to 2Yellow within 24 hours. Large Goods such as refrigerators must be inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery.
5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to 2Yellow within 24 hours to qualify for replacement, repair or refund at 2Yellow’s discretion. Goods marked ‘semi-commercial’, ‘light-duty use only’ or similar must not be used as substitutes or replacements for heavy-duty or commercial-grade equipment. Goods marked ‘no commercial warranty’ are sold without any warranties unless otherwise stated. Certain Goods may be disposed of in accordance with 2Yellow’s safety instructions for replacement, exchange or refund with 2Yellow’s prior approval. Technical call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a ‘sale or return’ basis without prior written approval by 2Yellow. 2Yellow may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without 2Yellow’s prior approval.
5.5 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
5.6 2 Yellow reserves the right to first repair and then replace.
- Termination
6.1 2Yellow reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
6.2 2Yellow reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of 2Yellow’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.3 2Yellow reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
- Limitation of Liability
7.1 The Customer agrees that 2yellow will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. 2Yellow will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or technical visits. Nothing in this Agreement shall exclude 2Yellow’s statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless otherwise confirmed by 2Yellow.
- Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by 2Yellow may be subject to copyright (whether owned by 2Yellow or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold 2Yellow harmless for any breach of said covenant.
8.2 The Customer’s data protection and privacy rights under this Agreement are set out in 2Yellows’s privacy policy, available on the 2Yellow’s website.
- Jurisdiction
9.1 This Agreement is governed by South African law and the Parties shall be subject to the exclusive jurisdiction of the South African courts.
9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.
