CAPE PATIO.COM  – Terms and Conditions and Use of Service Agreement:

It is imperative that each client reads and understands SECTION B.

Clients placing online orders are to read and agree to both SECTIONS A & B:

(If you are dealing with us directly, you may skip to SECTION B immediately. Section B is important to read, understand and agree to – for both online orders or dealing with us directly).

SECTION A: IMPORTANT INFORMATION REGARDING PLACING ONLINE ORDERS:

These terms and conditions are extremely important to note and understand. Please take the time to read thoroughly, as it constitutes a legal agreement of engagement and purchase.

If you have unanswered questions or uncertainty regarding ordering our products, you may communicate with us first, to ensure your order is placed correctly.

We strive to assist you during most hours of the day, after hours and over weekends. Please make us of this service before placing an online order.

If you need assistance at any time of day or after hours, please contact 082 829 9915.

When uncertain about any aspect of the ordering process, please contact us to discuss – we will happily assist you with your requirements and quote you for payment by EFT. This is the method 95% of our clients choose.

1. Our FREE DELIVERY offer is applicable to areas in SECTION B (4) below. This is for all orders of R20,000 (VAT incl.) and above, to these selected areas. Should you order online and are not sure, please note you may be liable for additional delivery costs to areas not stipulated.

   IF YOU ARE NOT SURE, PLEASE PHONE 082 829 9915 or email us on info@capepatio.com BEFORE PLACING AN ONLINE ORDER.

2. Should a client place an online order and execute and pay for such, costs have already been incurred for CAPE PATIO, which are irreversible, for the placement through our website, paygate administrator and admin department.

It is the sole responsibility of the client to make sure they agree to the total content of these terms & conditions before placing an online order. Should the client proceed and not agree to any terms herein, and wishes to cancel any transaction due to not understanding any points herein contained, CAPE PATIO shall be entitled to withhold 10% of the total transaction value, provided this is done within 24 hours of placing such order, for costs and administration incurred (“cancellation fee”). No refunds are applicable to sale or discounted items.

IF YOU ARE NOT SURE, PLEASE PHONE 082 829 9915 or email us on info@capepatio.com BEFORE PLACING AN ONLINE ORDER.

3. All orders placed are made to order specifically as per the client’s requirements. We do not have stock of items already made in most instances, except for occasional pieces on our showroom floor, ready for delivery within the Western Cape. This is the reason for a waiting period of between 3 and 6 weeks, depending on the time of year / season.

Clients are welcome to enquire on more specific production and delivery times for a particular order by contacting us directly.

    IF YOU ARE NOT SURE, PLEASE PHONE 082 829 9915 or email us on info@capepatio.com BEFORE PLACING AN ONLINE ORDER.

4. No refunds shall be given for orders placed incorrectly that are of lesser value to the online order intended. A client may upgrade their order to that of a greater value by contacting us directly. We will then issue an electronic invoice for the difference in payment, due before the order is put into production. No refunds are applicable to sale or discounted items.

    IF YOU ARE NOT SURE, PLEASE PHONE 082 829 9915 or email us on info@capepatio.com BEFORE PLACING AN ONLINE ORDER.

5. Should a client wish to cancel the online order for any reason other than a mistake on the part of CAPE PATIO, 10% of the total purchase price will be withheld (cancellation fee”) as stated in point (2) above. This is only applicable within 24 hours of placing such order, as production starts within 24 hours of ordering.

This also applies to customers changing their mind about purchasing, where a 10% cancellation fee will be withheld.

   IF YOU ARE NOT SURE, PLEASE PHONE 082 829 9915 or email us on info@capepatio.com BEFORE PLACING AN ONLINE ORDER.

6. Should a client place an online order, they are bound to accepting any additional delivery fee to be quoted, should their delivery address fall outside of the areas stipulated in SECTION B (4) below. Should a client not ensure with certainty that their area is covered, and wishes to not proceed by paying an additional delivery amount, the transaction may be cancelled within 24 hours of executing such order. CAPE PATIO shall in such case reserve the right to withhold 10% (“cancellation fee”) of full amount paid to cover damages and costs incurred.

IT IS ALWAYS BETTER TO PHONE US BEFORE PLACING AN ONLINE ORDER SHOULD YOUR ADDRESS FALL IN AN OUTLYING AREA.

   IF YOU ARE NOT SURE, PLEASE PHONE 082 829 9915 or email us on info@capepatio.com BEFORE PLACING AN ONLINE ORDER.

7. CAPE PATIO shall in no way accept responsibility for uncertainty regarding delivery times, duration of schedule when placing ONLINE orders. All orders are made specifically for each client, which entails a full production process of items in a certain colour. This process takes on average 4 – 6 weeks. By placing an ONLINE ORDER, the client agrees to wait for the full time required. Production and delivery times varies with the time of year, and seasons.

Should the client wish to have a better indication of time, or wishes to discuss delivery times, contact us to discuss, instead of placing ONLINE ORDERS.

    IF YOU ARE NOT SURE, PLEASE PHONE 082 829 9915 or email us on info@capepatio.com BEFORE PLACING AN ONLINE ORDER.

8. No disputes or negotiations will be entered into for ONLINE ORDERS placed incorrectly or in error, due to the client’s lack of understanding, not reading or not agreeing to these terms and conditions. In such case, the client shall be responsible for the same 10% cancellation fee as stipulated in points 5 and 6 above.

   IF YOU ARE NOT SURE, PLEASE PHONE 082 829 9915 or email us on info@capepatio.com BEFORE PLACING AN ONLINE ORDER.

9. When ordering any set, it is the sole responsibility of the purchaser to consult with CAPE PATIO regarding placement and suitability of the set in the intended area.

Should a certain set not fit into, or not be accessible for the intended area or space as intended by the client, CAPE PATIO shall not be responsible for any exchanges, additional charges with regards to delivery, or returns. In the event that the client in this instance wishes to cancel, the aforementioned 10% cancellation shall be applicable, plus all charges for return transport or possible damages. Please speak to us before hand to avoid problematic situations surrounding this.

10. It is agreed and understood that a client fully understands the terms herein, their meaning and the process, when placing an ONLINE ORDER.

SECTION B: CAPE PATIO FULL TERMS & CONDITIONS OF SALE:

1. INTERPRETATION:

In these terms and conditions:

1.1. “Agreement” refers to these terms and conditions;

1.2. “CAPE PATIO.COM” refers to CAPE PATIO DOT COM (PTY) LTD., its directors, partners, associates, products, services and employees;

1.3. “Client” refers to the person or entity who orders and purchases the goods from CAPE PATIO.COM;

1.4. “Defect” means a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. The following will NOT be regarded as defects and will not entitle a Client to a return:

1.4.1. faults resulting from normal wear and tear;

1.4.2. damage arising from negligence, user abuse or incorrect usage of the product;

1.4.3. damage arising from sea air corrosion or damage caused due to wind;

1.4.4. damage arising from a failure to adequately care for the product;

1.4.5. damage arising from unauthorized alterations to the product; and

1.4.6. where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit the Client.

CAPE PATIO offers our clients a ONE-YEAR guarantee against powder coating damage or deterioration (coastal) and for TWO YEARS non-coastal. There is a ONE YEAR warranty against breakages due to manufacturing defects, with point 1.4’s provisions above applicable;

The following terms and conditions refer to the purchase, exchange, refund or repairs to any goods through CAPE PATIO.COM, whether directly or indirectly:

2. IMPORTANT NOTICE:

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

2.2.1. may limit the risk or liability of CAPE PATIO.COM or a third party; and/or

2.2.2. may create risk or liability for the user; and/or

2.2.3. may compel the user to indemnify CAPE PATIO.COM or a third party; and/or

2.2.4. serves as an acknowledgement, by the user, of a fact.

2.3. The Client’s attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that the Client does not understand, it is the Client’s responsibility to ask CAPE PATIO.COM to explain it to them before the Client accepts the Terms and Conditions or continue using the Website.

2.5.  Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the Client or CAPE PATIO.COM in terms of the CPA.

2.6. CAPE PATIO.COM permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, the Client shall be deemed to have accepted all the Terms and Conditions unconditionally. The Client must not use this Website if they do not agree to the Terms and Conditions.

3. PRODUCT, ORDERS AND DELIVERY:

3.1. The Purchase Price for all goods shall be payable in full before any order will be placed with the manufacturer for such goods;

3.2. All prices quoted are inclusive of Value Added Tax (VAT).

3.3. Subject to the provisions herein, prices quoted are inclusive of delivery costs for all purchases over the amount of R20,000.00 inclusive of Value Added Tax (VAT).

3.4. Such free delivery of all products above R20,000.00 (incl. VAT), within the specified towns and cities within the borders of the Republic of South Africa is a value-added service (ex gratia) which is included in the price and may in no way be negotiated, eradicated or manipulated in any way;

Any order to the below stipulated areas below the value of R 20,000.00 (incl. VAT) will be subject to an additional charge of R 750.00 (incl. VAT).

4.1 AREAS WITHIN SOUTH AFRICA WHICH QUALIFY FOR FREE DELIVERY ARE  AS FOLLOWS:

GAUTENG: Johannesburg, Pretoria and surrounding towns within Gauteng.

NORTHERN PROVINCE: Warmbaths, Nylstroom, Potgietersrus, Pietersburg, Tzaneen, Phalaborwa, Thohoyandou, Louis Trichardt.

NORTH WEST PROVINCE: Rustenburg, Orkney, Klerksdorp, Potchefstroom.

MPUMALANGA: Witbank, Middelburg, Nelspruit, White River, Hazyview.

FREE STATE: Bloemfontein, Virginia, Welkom, Kroonstad.

KWAZULU-NATAL: Durban, Pietermaritzburg.

WESTERN CAPE: Greater Cape Town metropole, Beaufort West, Worcester, Strand, Somerset West, Stellenbosch, Franschhoek, Paarl.

GARDEN ROUTE:  Humansdorp, Jeffreys Bay, Wilderness, George, Mossel Bay, Knysna, Plettenberg Bay.

NORTHERN CAPE:  Kimberley.

EASTERN CAPE: Port Elizabeth, Uitenhage, East London, King William’s Town, Queenstown, Grahamstown, Port Alfred, Kenton on Sea.

4.2. It is advisable that a customer whose delivery requirements fall outside of the above stipulated areas contacts CapePatio.com to enquire about additional delivery costs to their area before ordering.

4.3. Should a customer place an order on Capepatio.com’s website for which delivery will fall outside of the areas stipulated below, a representative of Capepatio.com will contact the customer to make provision for additional delivery arrangements and adjust the total quotation of purchase including delivery accordingly. Please see SECTION A, points 5 & 6 above;

4.4. When ordering any set, it is the sole responsibility of the purchaser to consult with CAPE PATIO regarding placement and suitability of the set in the intended area.

Should a certain set not fit into, or not be accessible for the intended area or space as intended by the client, CAPE PATIO shall not be responsible for any exchanges, additional charges with regards to delivery, or returns. In the event that the client in this instance wishes to cancel, the aforementioned 10% cancellation shall be applicable, plus all charges for return transport or possible damages. Please speak to us before hand to avoid problematic situations surrounding this.

4.5. CAPE PATIO.COM’s obligation to deliver a product to the Client is fulfilled when it delivers the product to the physical address nominated by the Client for delivery of the order. CAPE PATIO is not responsible for any damages, losses or unauthorised use of the goods, after it has delivered the goods to the physical address nominated by the Client.

4.6. CAPE PATIO.COM makes use of selected couriers or alternative methods of delivery of its choice unless otherwise specified by the client, in which case CAPE PATIO.COM accepts no liability for damaged content, inaccurate deliveries or any loss of any nature to the Client whatsoever. No adjustment to purchase price shall be made due to alterations in delivery in such instances. Any orders to be delivered outside of the borders of the Republic of South Africa will be subject to extra charges which charges will be for the account of the client. Such extra charges may also include customs payable in relation to international delivery of the goods. Clients may contact CAPE PATIO.COM via telephone, email, website or any other related means to enquire about such costs;

4.7. Delivery of goods to the Client will occur within 30 to 45 business days from date of order. CAPE PATIO.COM will endeavour to adhere to any delivery date stipulated but will not be liable for any damages as a result of non-delivery or late delivery, unless such non-delivery or late delivery was due to the negligence of CAPE PATIO.COM.

The client thus understands that placing an order with Cape Patio does not guarantee that delivery will coincide with any prior arrangements made by the client in expectation of an order to arrive, under any circumstances.

4.8. Should the delivery period for whatever reason exceed the stipulated maximum of 45 days, the Client reserves the right to cancel the order and request a full refund. This is not applicable should the client give incorrect delivery details, not be able to accept delivered goods after an appointment made to receive such, not be reachable, or if the client in any way impedes the scheduled acceptance of delivery;

4.9. CAPE PATIO.COM will engage a third party delivery service who will be in contact with the Client regarding the delivery of the goods to the Client;

4.10. Any invoice, waybill, or delivery note signed by the Client or any representative of the Client will be sufficient proof of delivery of the product to the Client. 

4.10.1. The Client must inspect the goods upon delivery thereof and any non-delivered goods must be noted on such invoice, waybill or delivery note and brought to the attention of CAPE PATIO.COM. 

4.10.2. Any damaged goods are to also be noted on the invoice, waybill or delivery note and immediately be returned with the same courier to CAPE PATIO.COM. The cost for such will return will be for account of CAPE PATIO.COM.

4.10.3. Any defective goods must be brought to the attention of CAPE PATIO.COM within 7 (seven) calendar days of delivery of the goods and the goods should be dispatched to CAPE PATIO.COM in accordance with arrangements made by CAPE PATIO.COM and the client;

4.11. In the event of a product having been damaged during transit (before arrival at the Client), the Client shall have no financial responsibility for such exchange or replacement, this shall be borne by CAPE PATIO DOT COM, its insurer, or the transport company involved. In such event, the cancellation clause 4.7 period renews, upon CAPE PATIO DOT COM arranging a replacement.

4.12. All aluminium furniture supplied by CAPE PATIO.COM is made from recycled aluminium alloy, which may contain traces of other metals, which is beyond the control of the manufacturer and CAPE PATIO.COM. Due to the casting process, the product may have surface imperfections. The product is powder-coated. Should a client request that the product is additionally treated against coastal corrosion, there will be extra charges involved, for the client’s own cost;

5. COASTAL CLIENTS, PLEASE NOTE: 

5.1 Whilst utmost care is taken during the manufacturing of our products, clients            within close proximity of the ocean are advised to remove the product from exposure to sea air when not in use for a prolonged period of time, preferably in a dry storage. It is also advisable to rinse the product off with fresh water periodically to reduce the possibility of corrosive salt air corroding. 

5.2 EASTERN CAPE CLIENTS, please note: It has been found that the Eastern Cape in South Africa’s air is more harsh on the powder coating of the product. Eastern Cape clients hereby acknowledge and agree that more frequent care is needed, especially those very close to the ocean. Such care would include rinsing the entire set / pieces with fresh water at least once every two weeks (if the set is used right next to the ocean), and preferably washing the set / pieces with a high-quality car shampoo containing wax, at least once every two months. Cape Patio cannot guarantee an indefinite life span on the powder coating of Eastern Cape clients’ sets due to this. Eastern Cape clients hereby indemnifies Cape Patio against any premature deterioration of their sets / pieces, as a result.

6. It is the sole responsibility of the Client to ensure immediate remedial action in the event of surface or penetrating damage (whether caused by the Client’s negligence whilst in their care, or any other nature whatsoever) regardless of the one-year warranty still being applicable. It is to be clearly noted that CAPE PATIO.COM shall assume no responsibility for damage and subsequent deterioration of any nature due to the product being damaged, chipped, bumped over, dropped, altered, sanded or having undergone any damaging or altering occurrence whilst in the Client’s care;

7. CAPE PATIO.COM has done its best to accurately display the colours, dimensions, weight and general size of the products shown on this Website. However, the product may vary in colour, dimensions, weight and general size. This is due to ongoing product improvement and upgrades. Whilst CAPE PATIO.COM endeavours to retain the same standard throughout and provide specifications as accurate as possible with all its products, variations may also occur due to the hand-made nature of the product. Colours may also differ due to the fact that different computers display differently depending on the screen used (LCD, plasma, desktop, laptop, etc.);

8. The standard one-year warranty only applies and remains valid if any repairs, maintenance, exchanges and communication is done through CAPE PATIO.COM directly. Failure to comply with this will result in the 1-year warranty being null and void. Any physical, superficial or penetrative alterations, changes, application of any rust-proofer, remedying substance, drilling or bending of the product will result in immediate nullification of said warranty, and CAPE PATIO.COM retains its full right to deny any claims for replacement, exchange, repairs or refunds in the events mentioned above;

9. If original (paper or digital) proof of purchase cannot be provided in the event of a claim of any sort, CAPE PATIO.COM cannot process such claim and retains its right to deny any claims for replacement, exchange, repairs or refunds;

10. ASSEMBLY:

10.1. The product delivered will be in ASSEMBLED form. The client may request products to be delivered in UNASSEMBLED form. The responsibility of assembly for any product supplied by CAPE PATIO.COM lies with the client and CAPE PATIO.COM cannot be held liable for the instruction or assembling thereof under any circumstances due to remote delivery, and neither for any breakages by the client during assembly.

11. The Client warrants that he/she has legal capacity to proceed with any purchase made through CAPE PATIO.COM or has been legally authorized to do so. CAPE PATIO.COM shall not condone any fraudulent transactions, attempts thereto or any other criminal activities with regards to payments;

12. Third party delivery/courier services are utilised for deliveries to the Client. CAPE PATIO.COM does not accept any liability for delays, changes in delivery schedules, or damages due to a third-party transporter.

13. FORCE MAJEUR:

13.1. CAPE PATIO.COM shall accept no liability in the event of the delivery service / courier being unable to deliver ordered goods in the event of said product being damaged, stolen, lost or hijacked due to circumstances known as force majeur, or any related incidences to such;

14. Under all circumstances it is the client’s responsibility to ensure the correctness of the delivery address. Should there be problems with delivering the product due to the recipient not being available, the client is liable to pay a re-delivery fee before delivery occurs again.

15. REFUNDS, EXCHANGES AND RETURNS

15.1. No cancellation for confirmed orders will be allowed or refunded later than 24 hours after said order was processed, by which time production would have commenced (excluding weekends and public holidays). 

15.2. Should a Client wish to return goods to CAPE PATIO.COM, which goods are not damaged, not defective and correctly delivered to the Client, Client may only return such goods if CAPE PATIO.COM agrees to the return of such goods.  In the event of CAPE PATIO.COM agreeing, CAPE PATIO.COM will be entitled, but not obliged, to charge a handling fee of 10% (of the total invoice amount, inclusive of VAT). Such goods must be returned, in its original packaging, to CAPE PATIO.COM within 10 business days from CAPE PATIO.COM having agreed to such return, at the Client’s risk and costs;

15.3. No claims for cancellation, refund, exchange or repair will be processed until the product is returned to CAPE PATIO.COM. Any refunds due to the Client shall be processed within 7 working days upon assessment of the defective product, provided that all costs payable by the Client for transport have been settled;

22.4. In the event of cancellation or change of mind, the Client shall be solely responsible for all costs of transport in returning the product to CAPE PATIO.COM.

22.5. In the event of manufacturing defaults, damaged items or incorrect item delivered, such transport cost shall be borne by CAPE PATIO.COM;

23. EXCHANGES: 

23.1. If the Client’s claim is approved, their exchange will be processed. The Client will be asked to confirm the product to be delivered and will be invoiced for a greater amount due, (if applicable), payable before dispatching the item(s). 

24. SALE OR SPECIAL PROMOTION ITEMS:

24.1.Only regularly priced items may be refunded. Unfortunately sale items cannot be refunded;

25. EXCHANGES IN GENERAL: 

25.1 We only replace items if they are defective or damaged. If the Client needs to exchange it for the same item, send us an email at sales@capepatio.com.

25.2 CAPE PATIO DOT COM supports their clients in the upgrade of orders to others, should the order not be fit for the client. In this case, CAPE PATIO DOT COM will quote the client accordingly for upgrades and transport cost thereof.

By proceeding with any purchase through any method, the Client agrees that he/she has familiarized himself/herself fully with all these terms and conditions of purchase and shall implicitly be bound thereto upon proceeding with said purchase.

26. DISCLAIMER

The use of the Website is entirely at the Client’s own risk and they assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Whilst CAPE PATIO.COM takes reasonable measures to ensure that the content of the Website is accurate and complete, CAPE PATIO.COM makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by CAPE PATIO.COM’s representatives, CAPE PATIO.COM shall not be bound thereby.

CAPE PATIO.COM disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the Client’s access to or use of the Website and/or any content therein unless otherwise provided by law.

27. LIMITATION OF LIABILITY

CAPE PATIO.COM cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of CAPE PATIO.COM, its employees, agents or authorised representatives.

CAPE PATIO.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM THE CLIENT’S USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR THE CLIENT’S INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

THE CLIENT HEREBY INDEMNIFIES CAPE PATIO.COM AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY THEMSELVES OR ANY THIRD PARTY ARISING IN ANY WAY FROM THE CLIENT’S USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.