TERMS & CONDITIONS
Welcome to Swoon Concepts’ website, swoon.co.za.
Swoon Concepts has provided this service to you subject to the conditions detailed in this agreement.
By using this website, registering to shop on Swoon Concepts’ website or doing business with us in any other way, you confirm that you have familiarised yourself with the terms and conditions governing the usage of the website and that you agree to be bound by these terms and conditions.
Should you not agree to the terms and conditions stipulated you must refrain from using the Swoon Concepts’ website and services.
Your access to the Swoon Concepts website and use of any services provided by Swoon Concepts including any purchases made by you from Swoon Concepts is subject to the terms and conditions below.
An agreement of sale between Swoon Concepts and a user only comes into effect if and when:
- A credit card authorisation is received from the issuing bank; or
- A deposit of an electronic fund transfer (EFT) is reflected on Swoon Concepts’ bank statement (and only if such payment is received within 2 (two) business days after completion of the purchase cycle); or
- A direct deposit is reflected on Swoon Concepts’ bank statement (and only if such payment is received within 2 (two) business days after completion of the purchase cycle.
Swoon Concepts reserves the right to refuse, to accept and/or execute an order without giving any reasons. Swoon Concepts also reserves the right to cancel orders in whole or in part as circumstances dictate.Swoon Concepts shall only be liable to refund monies already paid by the user. Swoon Concepts shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Swoon Concepts will not be obliged to sell goods at such incorrect prices, and shall only be liable to refund monies paid.
STANDARD TERMS OF TRADE
All goods remain the property of Swoon Concepts until paid in full. No goods will be released until paid in full. Swoon Concepts reserve the right to verify bank payments before releasing goods. Returns and order cancellations, if accepted, carry a 25% handling fee. Payments may be made by direct / bank transfer to the company’s bankers. Complaints or other grounds do not justify the withholding of payment. Swoon Concepts shall have the right to suspend deliveries if any amount due by the Customer is unpaid.< No cheques accepted.
If an error is discovered in the price of the goods that you have ordered, Swoon Concepts will inform the customer as soon as possible. In the event that an item is ordered and the price published on the site/pricelist is incorrect, for any reason, Swoon Concepts will contact the client to let him/her know the correct price and ask the client whether the client still wish us to fulfil the order at the new correct price. Swoon Concepts shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. Swoon Concepts shall give the client the option of confirming the order at the correct price or if the client so choose, to cancel the order altogether. If the client cancel and have already paid for the goods in the circumstances described in this clause, Swoon Concepts shall refund the full amount in accordance with these terms. If the goods we deliver are not what the client ordered or are damaged or defective or the delivery is of an incorrect quantity, Swoon Concepts shall have no liability to the client unless the client notifies us in writing at Swoon Concepts contact address of the problem within 1 working day of the delivery of the goods in question.
Swoon Concepts undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. Swoon Concepts do not handle credit card payments itself, but makes use of certified payment gateways to handle all credit card transactions, thus not storing or viewing any credit card details on the Swoon Concepts website. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number may be made known to third parties delivering the product.
PRICES AND QUOTATIONS
All prices are subject to change without notice since we cannot control price increases by our suppliers. We also reserve the right to correct misprints. We will notify you before charging you more than the price shown on this website.
Pro-forma invoices, quotations and estimates are valid for 7 days from date of issue. Telephonic and verbal quotations / estimates are not valid and should be written and approved by the authorised personnel of Swoon Concepts. Estimates and Quotations are made without any commitment and prices are subject to change without prior notice. Swoon Concepts reserves the right to alter prices, terms and conditions of sale, change the design of products and withdraw the manufacture of any article, without prior notice.
Swoon Concepts has standard packaging when leaving the factory with a transport company, but any other packaging exceeding the factory’s standard, will have an additional cost.
All products are made on order and carries a lead time of (3) to (4) weeks before the goods are delivered to our customers.
When you visit Swoon Concepts’ website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Swoon Concepts will communicate with you by e-mail or by posting notices on the Swoon Concepts’ website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, shall satisfy any legal requirement between us. Further, that your acceptance of any terms or conditions applicable to the Swoon Concepts website and transactions concluded using the Swoon Concepts website, as well as your intent to enter into any transaction with Swoon Concepts, may be evidenced by any action by you from which this may reasonably be inferred.
Before you may make an offer to purchase any of the products or services provided by Swoon Concepts, it is necessary that you register as a purchaser. Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing fraud and Swoon Concepts may take whatever legal action it deems necessary to obtain the appropriate relief.
Registration as a purchaser is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a purchaser you are required to provide Swoon Concepts with, complete and accurate information about yourself, and you warrant that the information provided is correct. Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider, but it typically takes less than 10 minutes to receive the email confirmation. If you do not receive the email confirmation, you should contact our offices, the details of which are contained under Contact information.
Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on the Swoon Concepts’ website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password shall be attributed to you.
If you suspect that the confidentiality of your password has been compromised you should immediately advise Swoon Concepts of this fact by email. Swoon Concepts shall, on receipt of the email, suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.
TERMINATION OR SUSPENSION OF REGISTRATION
If you are in breach of, or Swoon Concepts believes that you may breach, any of the terms and conditions governing the use of, or trading using the Swoon Concepts’ website, Swoon Concepts may, in its absolute discretion, either suspend or terminate your registration as a purchaser.
The transaction history may be accessed by a registered customer on the Swoon Concepts website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. For a full and accurate transaction history, call the offices of Swoon Concepts and they will provide you with an email copy of your statement.
FAULTY PRODUCTS / WARRANTIES
All our products are backed up by a manufacturer’s or supplier’s warranty. In terms of CPA legislation, all products carry a standard warranty of 6 months. For more details on the exact warranty of your product kindly refer to the documentation supplied with your unit or enquire at Swoon Concepts.
Should the faulty product be replaced by the manufacturer or supplier, the customer shall then be provided with the replacement, alternatively, all warranty repair work shall be carried out by the respective manufacturers, suppliers and/or their authorized repair centres. Faulty products are to be returned to Swoon Concepts (address below) in order to record the item before continuing with the warranty process. All goods are guaranteed against faulty materials and workmanship. Goods are not guaranteed against faults resulting from normal wear and tear. If the product is in any way faulty as a result of the customer’s negligence or use, a quote will be given to the customer to repair the product. Should the customer accept the repair charge; this cost together with delivery charges (to return the goods to the customer) must be paid before the repair is undertaken. If the goods have been damaged by the customer, to the extent that they are not repairable, they will be returned to the customer, at the customer’s expense.
When the customer purchases from Swoon Concepts, legal obligations arise, and their right to refund of monies charged to their credit card or paid in any other way agreed by Swoon Concepts, are limited by our terms & conditions. Users must not make any purchase through this website unless they understand and agree to all Swoon Concepts’ terms and conditions. Once payment is made for the purchase, it is deemed that the user has read and understood the terms and conditions for such a purchase. If users have any queries please contact Swoon Concepts, before making any purchase, for any service throughout this website.
LIABILITY FOR EXTERNAL LINKS
Swoon Concepts may provide links to other Internet sites for the convenience of users of this website. Swoon Concepts is not responsible for the availability or content of these external sites, nor does Swoon Concepts endorse, warrant, or guarantee the products, services, or information described or offered at these other Internet sites.
LIABILITY FOR CONTENT
All information and data on this website is provided “as-is”; and is for informational purposes only. Neither Swoon Concepts nor any partner information providers for this website warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed on this website. Your use of this Web site is at your own risk. We make no warranty that the website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be liable to you for any loss of content or material uploaded or transmitted through the website.
Nobody is allowed to alter, change or delete any data or pages on this website, or to link this website to any other website without written consent from Swoon Concepts.
You may choose to provide us with personal information, as in an email message containing your comments or questions. We use this information to improve our service to you or to respond to your request. There are times when your message is forwarded, as email, to other Swoon Concepts employees who may be better able to help you. Except for authorized law enforcement investigations, we do not share our email with any other outside organizations.
If you receive email from us, the document received may include proprietary and confidential information of Swoon Concepts and may only be read by those person or persons to whom it is addressed. If you have received an E-mail message in error, please notify us immediately. Email documents may not be reproduced, copied, distributed, published, modified, or furnished to third parties, without the prior written consent of Swoon Concepts. Please note that the recipient must scan e-mails and any attached files for viruses and the like. Swoon Concepts accepts no liability of whatever nature for any loss, liability, damage or expense resulting directly or indirectly from the access of any files which are attached to email messages.