Terms of Use

  • These terms govern your access to the website located at southshade.com ( as well as www.southshade.co.za) and associated web pages (“Website”). You may not access the website or handle our products unless you agree to abide by these Terms of Use without modification. By accessing the website and or purchasing our product you signify your agreement to these Terms.

  • Please find explanations of terms, used in this document, that will ensure an accurate use of the terms following general interpretative principles, used to interpret these Terms as used specifically in these Conditions of Use.

  • If you would like to clarify any of the Terms or Conditions listed below kindly contact us at [email protected] for clarification.

Definitions

2.1. Several terms and phrases have a specific meaning in this document. Headings are not to be     used as indicative of the meaning as they are only for ease of reference and not stand alone statements.

2.2 Any reference to any gender includes the other genders, unless specifically indicated to the contrary in these terms, a natural person includes an un-naturalized person, and the singular includes the plural and vice versa.

2.3 The below expressions shall carry the meaning given to them below, and the related expressions shall bear the related and corresponding meaning.

2.3.1. “access” when used in the context of –

2.3.1.1. a website means to load, use, visit, load in a browser, mobile phone or any software application or device or to otherwise engage with and / or manipulate such content;

2.3.1.2 content, means to copy, download, view, modify, adapt,or load in a web browser or any internet connected device, or engage with such content in order to manipulate it.

            2.3.2 “content” means all, or any information you may have access to, or have use of, as a result of your access to any part of the Website or as  a result of the use or purchase of our products.

2.3.3.” Deposit Account” means the deposit account which was awarded, after a due diligence process by Southern Shade, and which in its own right is subject to a separate set of Terms and Conditions specific to the use of the deposit account which would have been agreed on at the time of opening the account.

2.3.4 “Intellectual property” means collectively the patents, copyrights ( and moral rights), trademarks, brands, designs, trade names, names, icons, hyperlinks, know-how, trade secrets, and any other intellectual property(whether registered or unregistered including applications for and the rights to obtain or use same) which we own, license, use and or /hold(whether or not currently) on, or in connection with, the website or our product packaging;  

2.3.5 “Know how” means all the technical and practical knowledge held in our designs, ideas, documents, information, devices, technical or scientific data, secrets and other processes and methods, we use in connection with the Website, as well as, all modifications, changes, re-workings, upgrades or improvements to any of them;

2.3.6 “xxxxxxxx” means the service provider who will be processing the payments made by the customer to South Shade by means of a credit card or EFT purchase, or any other purchase method, via the Website;

2.3.7 “post” means to upload, publish, transmit, share or store;

2.3.8 “product / products” means the products which can be purchased on the Website or at any retail outlet identified as manufactured and shipped by us;

2.3.9 “terms” means these terms and conditions of use, as amended from time to time including the Disclaimer, Privacy Policy and Email Disclaimer;

2.3.10 “trade account” means a 30 (thirty) day incidental credit account, which a customer may have been granted by Southern Shade, which is subject to various terms and conditions, which you agreed to when opening up the Trade Account.

2.3.11” trademarks” means those trademarks we own ( or which we are designated as beneficial owner of)   and any other trademarks, designs, logos, style names, taglines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same;

2.3.12 “you” and “users” means the website or product users

2.3.13 “us”, “we” and SOUTHERN SHADE (Pty) Ltd, registration number 2020/459831/07 etc, a private company duly incorporated with the company laws of the Republic of South Africa ( including our affiliates and subsidiaries)

2.3.14 “Website” means the SOUTHERN SHADE Pty Ltd website at www.southshade.com or www.southshade.co.za

 

2.4 Any reference in these Terms to a party shall, if such a party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to, and binding upon that party’s liquidator or trustee, as the case may be.

2.5 When any number of days is prescribed such number shall exclude the first day and include the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;

2.6 All Annexures, addenda and amendments to these Terms form an integral part of these Terms and therefore, our contact with you.

  1. Amendments to the Website

We reserve the right, in our sole discretion,  and you agree that we may,  amend these Terms at any time, in any way and at any time. We will publish the amended Terms on the Website. These amendments shall come into effect immediately and automatically and you will be bound by them. It is your responsibility to review these Terms regularly and to ensure that you familiarize yourself with any amendments to these Terms. If you do not agree with any amendments to these Terms, you may no longer access the Website.

  1. Legal Age and Capacity

4.1 You may not access the Website, or purchase our products, and may not accept these Terms if:

4.1.1.you lack the legal capacity to enter into a binding contract with us

4.1.2 are a person barred from access to the internet or the Website under the laws of the Republic of South Africa.

4.2 In accessing the website or purchasing our products you represent and warrant that you are of full legal age, or are emancipated or have your guardians consent to enter into a contract, being these Terms.

  1. WE RESERVE THE RIGHT TO CHANGE ASPECTS OF OUR WEBSITE AND PRODUCTS

5.1 You agree that we may add new features and modify or discontinue existing features, without notice to you, and at our sole discretion. 

5.2 You are free to stop accessing our website or purchasing our products at any time without notifying us. Doing so will not affect the results of or remove the effects of your access to the Website.

  1. Personal Information

6.1 Please refer to our Privacy Policy for further information about the personal information we collect from you through your access to the Website, and how we process the personal information we receive.

6.2 We may ask you to submit your personal information to us through the Website in  order to access aspects of the Website or make use of services we offer on or through the Website.

6.3 You warrant that the personal information you submit is accurate, current and complete. You will be denied access to the Website should you breach this warranty or subsequently be found to have breached this warranty.

6.4 We may take steps to verify your personal information which you submit to us. You irrevocably consent to this verification process. You acknowledge and agree that your access to the Website may be limited until such time as the verification process has been successfully completed.

6.5 Should you not agree with the verification process or withhold your consent as contemplated above, your access to the website and use of our products will be restricted, and you waive any claims you may against us, our officer, directors, employees, servants and agents and / or contractors arising out of our denial of access to you of the website and the use of our products.

  1. Privacy Policy

We shall take reasonable steps to protect your personal information. Details of what personal information we collect, what we do with it and what you should know about submitting personal information when you access the website can be found in our Privacy Policy. We recommend that you read our privacy policy very carefully before accessing the Website.

8 Acceptable Use

8.1 You may not access the Website for or in conjunction with any illegal, unlawful or moral purposes, or as prohibited by these terms.

8.2 You may not frame the Website in any way whatsoever without our prior written permission. Recognizing the global nature of the internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Website. 

8.3.You agree to adhere to generally acceptable internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:

8.3.1 engage in any abuse of mail or spamming, including, without being limited to-

            8.3.1.1 the posting or cross posting of unsolicited content with the same, or substantially the same message to recipients that did not request to receive such messages; and

            8.3.1.2 inviting people who you may be connected to using third party services to access  the Website where those people may not wish to receive such invitations or similar  communications ( in other words, do not send anyone mails about us unless they have expressed a wish to receive them);

8.3.2 engage in any activity intended to entice, solicit or otherwise recruit Website users to join an organization except where we expressly authorize such activities in writing;

8.3.3. take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Website.

8.3.4. use the Website to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personal or human rights.

8.3.5 use the Website to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as “pyramid schemes” and “chain letters.”

8.3.6. use the Website in a manner that may infringe the intellectual property rights (for example, copyright or trademarks) or other proprietary rights of others;

8.3.7. use the Website to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;

8.3.8 gather e-mail addresses and / or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent;

8.3.9 violate the privacy of any person in any way including but not limited to, sharing any person’s personal information without their consent.

8.3.10. attempting to gain  unauthorized access to the Website or any other network, including (without being limited to) through hacking passwords, mining or any other means;

8.3.11 otherwise use the Website to engage in any illegal or unlawful activity

 

8.4 Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decisions shall be final), then we shall be entitled, without prejudiceto any other rights we may have, to:

            8.4.1.1 without notice, suspend or terminate your access to the Website;

            8.4.1.2 hold you liable for any costs we incur as a result of your misconduct; and /or

            8.4.1.3 notwithstanding our Privacy Policy referred to above, disclose any information relating   to you, whether public or personal, to all persons affected by your actions where we are compelled by law to do so.

 

 

  1. Licences

9.1 Our license to you

9.1.1 We grant you a personal, non-commercial, revocable, worldwide, royalty-free, non-transferrable and non-exclusive license to access our content on the Website. This license is for the sole purpose of enabling you to access the Website, in the manner permitted by these Terms. In the event that we revoke this license, you may no longer access the Website.

9.1.2. Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-license or otherwise, your rights to access the Website.

9.1.3 To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trademarks, trade names, copyright, ownership, proprietary and confidentiality notices as are included on the original content are retained and displayed without alteration or modification and not in any manner obscured or removed.

9.1.4. You acknowledge that you do not acquire any ownership rights or right of use in or to any content by copying, reproducing, distributing, transmitting, displaying, broadcasting, or publishing, that content except where explicitly permitted to do so in these Terms or otherwise in writing from us.

9.1.5 You may only cache the Website if:

            9.1.5.1 the purpose of caching is to make the onward transmission of the Website more efficient;

            9.1.5.2 the cached content is not modified in any manner whatsoever;

            9.1.5.3 your manner of access to the data complies with general conditions of access set out in    these Terms:

            9.1.5.4. you do not interfere with the lawful use of technology to obtain information about how the cached data is being used;

            9.1.5.5 the cached content is updated at least every 12 hours;

            9.1.5.6. the cached content is removed or updated when you are requested to do so

 

 

 

 

9.2 Your License to us

9.2.1. We do not claim any ownership rights in your content. You retain any rights that you may already have in your content should you post your content or otherwise access the Website, subject to the limited license you grant us.

9.2.2 In the event that you post any content on, to or through the Website, you grant us a non-exclusive, fully-paid, royalty free, transferrable and worldwide license to moderate, use, modify, delete from, add to, publicly display, reproduce or redistribute such content solely on or through the Website including without limitation, distributing part or all of your content in any media formats and through any media channels and make use of the content in our advertising campaigns. 

9.2.3. The license you grant us means that –

            9.2.3.1 you are free to license your content to anyone else in addition to us;

            9.2.3.2 we are not required to pay you for the use of the content you post on the website;

            9.2.3.3.we may make commercial use of our content;

            9.2.3.4 we are able to use the our affiliates, sub-contractors and other parties such as Internet and the fact that our users;

            9.2.3.5 the license extends to anywhere in the world because of the global  nature of the internet and the fact that our users can access the content from anywhere in the world;

9.2.4 because you only lawfully license content you have certain rights in, you represent and warrant that:

            9.2.4.1. you won the content you post to or through the Website or otherwise have the right to grant the license set forth in this section, and

            9.2.4.2. posting your content to, or through, the Website does not violate the privacy rights, publicity rights, intellectual property rights or copyright, contractual rights or any other rights of any person or entity.

9.2.5 You also agree to pay for all Royalties, fees, and any other monies owing to any person or entity by reason of any content you post to or through the Website.

 

  1. Limitation of Liability

10.1 To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to the Website is fit for any purpose.

10.2 When you access the Website, it is entirely at your own risk. The Website is made available to you “as is.”

10.3 Although we take steps to verify information presented on or through our website, we do not warrant the accuracy of, or reliability of, any advice, opinion, statement, or other information contained in, displayed on, linked to, or distributed through the Website that we, and / or other users, may publish to the Website.

10.4 Information, ideas and opinions expressed on or through the Website should not be regarded as professional advice, or our official opinion and you are strongly advised to seek appropriate professional advice before acting on such information. 

10.5 Whilst we take reasonable precautions in our operation of the Website, neither we or our agents or representatives will assume any responsibility and neither we or our agents or representatives for any damages to, or for viruses that may infect your computer equipment or software or other property when you access the Website. Any content you access through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from accessing the Website.

10.6 We will use reasonable endeavours to make the Website available to you, and keep the Website available to you at all times. However, you agree that we shall not be liable in respect of any loss or or damage caused by or arising from the unavailability of, any interruption in or any use of the Website access ( either in part or as a whole) for any reason whatever.

10.7 You further agree that –

10.7.1 under no circumstances whatsoever, including as a result of our negligent acts or omissions or those of our directors, officers, servants, agents or contractors or other persons for whom in law we may be liable, shall we or our directors, officers, servants, agents or contractors or other persons for whom in law we may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or however caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information, content or data and / or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to access gain access to the Website;

10.7.2 you waive and may not bring  any claims or legal action arising out of, or related to Website access to these Terms  more than 6 (six) months after the cause of action relating to such claim or legal action arose.

 

 

  1. Indemnity

11.1 You hereby indemnify us and our associates from any loss, damage, damages, liability, claim or demand due to, or arising out of, your access to the Website or your breach of these Terms.

12 Rights of Infringement

12.1 If you are of the view that your rights have been infringed through the unlawful use of the Website access by other Website users or third parties, you may address a complaint to us by emailing office@southshade.com or calling us directly on 086 028 4533. Please include the following information in your complaint which may be of assistance in resolving the problem:

            12.1.1 the full names and address of the complainant;

            12.1.2 the written or electronic signature of the complainant;

            12.1.3 identification of the right that has allegedly been infringed

            12.1.4 identification of the material or activity that is claimed to be the subject of unlawful activity;

            12.1.5 the remedial action required to be taken by the service provider in respect of the complaint;

            12.1.6 telephonic and electronic contact details, if any, of the complainant

            12.1.7 a statement that the complainant is acting in good faith

            12.1.8 a statement by the complainant that the information in the take-down notification is to his or her knowledge true or correct.

12.2 We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action when necessary and such action may  include, but is not limited to, removing the offending content from the Website, and or appropriate action taken against the relevant user and / or third party.

12.3 You further have the right to submit your complaint to the Consumer Goods and Services Ombud     (“Ombud”) and may proceed in contacting the Ombud via the following details

Sharecall: 086 000 0272

Website: www.cgso.org.za

Email: [email protected]

 

 

  1. Dealing with Third Parties

13.1 Links to and from the Website as well as to and from other Websites belonging to or operated by third parties (“linked websites”) do not constitute our endorsement of such linked Websites or their contents, nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarizing yourself with any terms and conditions which will govern your relationship with such third party/ies.

13.2 We have no control over linked Websites and you agree that we are not responsible or liable for any content, information, good or services available on or through any such linked Websites or for any damage, damages or any other loss caused or alleged to be caused with by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such linked Websites. You further agree that where you access linked Websites you do entirely at your own risk.

13.3 Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to the Website is similarly entirely at your own risk and is are solely between you and such third party/ ies including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.

  1. Governing Law and Jurisdiction

14.1 The Website is controlled and maintained from our facilities in Johannesburg, South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern your access to the Website and these Terms, and all legal matters will be filed and handled in the Courts of Johannesburg.

14.2 You consent to the jurisdiction of the South African courts in respect of disputes which may arise out of your access to the Website and these Terms.

  1. Legal Service of Documents

15.1 We choose the addresses set out in Clause 20 below for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications whatsoever nature.

15.2 You agree that we may, but are not obliged to, serve notices or other documents or communications on you using your email address. In such cases, you agree further that our notices or other documents or communications will be deemed to have been served on you no later than 48 hours after the notices or other documents or communications were sent.

16.1    Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (“RIC Act”) you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to us on the Website or using the Website and /or contacting our employees.

16.2 You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the Electronic Communications and Transaction Act, 2002, (“ECT Act”) and in the RICA Act.

16.3. We reserve the right, but have no obligation, to monitor the content you post on the site. We reserve the right to remove any such information or material which violates, or may violate, any app, any applicable law or our Terms, or to protect and defend our rights or property, or those of any third party. We also reserve the right to remove any such information or material for any reason or no reason, including without limitation, if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms, or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.

  1. Severability

Any provision in these Terms  which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, and shall be treated pro non scripto ( as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.

  1. Termination

If you breach any of these Terms, we may immediately, automatically and without notice to you, terminate your access to the Website, and / or prohibit your future access to the Website, and / or take appropriate legal action against you (including without limitation, applying for urgent and / or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.

  1. Disclosures by the ECT Act

19.1 Access to the content, Website and / or competitions available on or through the application are classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of ECT Act of we have the duty to disclose the following information:

19.1.1. Our full name and legal status : Southern Shade T/A South Shade (2020/459831/07)

91.1.2 Street Address: 54 Klip Street, Observatory Extension, Gauteng, 2198

19.1.3 Postal address:PO Box 147, Bruma, Gauteng, 2026

19.1.4 Physical address for receipt of Legal Documents: 54 Klip Street, Observatory Extension, Gauteng, 2198

19.1.5 Main Business: Collection and Processing of data for retail purposes

19.1.6 Website address: http://www.southshade.com and www.southshade.co.za

19.1.7 official email address: [email protected]

19.1.8 Governing Terms of Use: These terms

19.1.9 Manual in terms of the Promotion of Access to Information Act: Information relating to South Shade’s Promotion of Access to Information Act Manual may be found here which should be read in conjunction with these Terms.

20.1 You agree that:

20.1.1 you are bound by these Terms;

20.1.2 data messages addressed by you to us shall be deemed to have been –

            20.1.2.1 received if and when responded to

            20.1.2.2 sent by you within the geographical boundaries of The Republic of South Africa

            20.1.2.3 electronic signatures, encryption and / or authentication are not required for valid electronic communications between you and us;

            20.1.2.4 as well as warrant that data messages that you send are to us from a computer, IP address or mobile device normally used by you, was sent and/or authorized by you personally.

20.2 These Terms constitute the whole agreement between you and us relating to your access to the Website.

20.3 No indulgence, extension of time, waiver or relaxation of any of the provisions or terms these Terms which may show, grant or allow you, shall operate as an estoppel against us in respect of its rights under these Terms nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of its rights  against you which may have arisen in the past or which might arise in the future.

20.4 Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and us and you shall not hold itself out as our agent or partner or as being in a joint venture with us.

21 Collection of Cookies

A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use our computer server. The cookies enable us to recognize you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our Website. The information that we collect and may share with our advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.

In addition to the above clauses, the following clauses will be applicable to the use of the Website pertaining the viewing and / or purchasing of the Products on the Website:

 

  1. Online Registration

22.1 Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You may register with www.southshade.com or www.southshade.co.za before placing your first order online.

22.2  Registration and / or use of the Website constitute your acceptance and agreement to be bound by the terms of our Website. To register you will be required to provide certain personal information which is protected by our privacy policy.

22.3 When registering with www.southshade.com  or www.southshade.co.za as a purchaser, you will be required to provide an email address and a password which will be used as your username for the Website. Please keep your password private as Southern Shade T/A South Shade accepts no liability for any damages suffered or losses incurred from the use or misuse of your account. Your password must consist of a minimum of 8 (eight) characters which must include a minimum 1 (one) capital letter, 1(one) number and 1 (one) Special character.

22.4 You will be required to enter your email address and password each time you visit your website account. To amend any registration particulars please click on “My Account” ˃”My Profile” where you can edit your details.

22.5 In registering as a purchaser you are required to provide www.shouthshade.com / www.southshade.co.za  with complete and accurate information about yourself. By doing so you warrant that the information provided is correct. Upon acceptance of your registration, you will receive an email confirming your registration as a purchaser on the Website.

  1. Product Images, Representation and Product Images

23.1 www.southshade.com / www.southshade.co..za has made every effort to display the Products on the Website as accurately as possible, including:

            23.1.1. the images that represent a visual depiction of the Product.

            23.1.2. features and descriptions that pertain to the Product; and

            23.1.3  specifications in  respect of the product

23.2. It remains your responsibility to ensure that the products ordered and delivered are correct, and the product description and / or model number will always overrule any related images when resolving the dispute about a Product.

23.3  AS the actual colors you see will depend on your computer’s monitor www.southshade.com cannot guarantee that your monitor’s display of any color will be accurate. 

23.4 Images of products may include ancillary terms which are sold separately and you will be required to place an additional order for such ancillary items

23.5 South Shade may suggest from time to time, related products to the Product that you are viewing on the Website. South Shade shall not be liable in the event that you purchase a related product which you do not require and / or is not suitable for your specific requirements.  However returns will be accepted as per our Returns Policy ( place link here)

23.6 If you are not satisfied with the Products delivered then you may return the Product subject to Southern Shade T/A South Shade returns and refund policy, as amended from time to time.

 

24 Obvious Errors

24.1 Southern Shade will not accept any orders where a purchaser identifies an inadvertent and obvious error in the prices of Products or the description of any of the products on the Website.

 

25 Product Pricing and Availability

25.1 The products displayed on the Websites www.southshade.com or www.southshade.co.za are subject to availability and will be delivered within the Republic of South Africa only, within the areas as determined by Southern Shade from time to time (link to our Delivery and returns Policy here)

25.2 You will be required to select your Fulfillment Store from which the product will be purchased. Available delivery areas are identified at the checkout process and subject to the area of the fulfilment Store which you have selected, when the delivery address is entered.

25.3 You may order products from more than one store but additional delivery fees will be incurred.

25.4 It is your responsibility to ensure that the delivery address, including suburb and postal code, is correct. Southern Shade will not be liable for any products or additional costs which may be incurred as a result of Products delivered to an incorrect address which is provided by the customer.

25.5 All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day on which they are viewed. Southern Shade reserves the right, without prior notice, to discontinue or change pricing or specifications of products offered on  this Website without incurring any liability whatsoever.

25.6. Southern Shade cannot guarantee availability of stock but will endeavor to source stock where possible to fulfill your order. Where items cannot be delivered Southern Shade will endeavor to contact you based on the information provided at registration and either offer the option to cancel the order or reduce the quantities, where applicable. If Southern Shade is unable to supply each and every item ordered or in the quantities ordered, and cannot contact you, then you nevertheless agree to accept delivery and make payment for those items that were correctly delivered.

25.7 You will be charged prices that are reflected on the Website, subject to availability. The prices include VAT ( Value-Added Tax ). Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. 

26 Methods of Payment

26.1 Prior to delivery or confirmation from Southern Shade T/A South Shade that the products are ready for collection by (or delivery to) you, Southern Shade shall be entitled to either:

            26.1.1 debit the card supplied by you on acceptance of your order, should you be paying with a credit card; or

            26.1.2 debit the Trade Account on acceptance of your order should you be paying with a Trade Account; or

            26.1.3. debit the Deposit Account on acceptance of your order should you be paying with a Deposit Account

            26.1.4.  process the order once Southern Shade T/A South Shade has received a successful confirmation of payment, should you be paying by EFT.

26.2. You can pay your trade account or deposit further funds into your deposit account on the Website. Prior to the balance reflecting on your Trade Account or Deposit Account, Southern Shade T/A South Shade shall be entitled to:

            26.2.1. debit the card supplied by you on acceptance of your order should you be paying with a credit card; or

            26.2.2. process the balance into your Trade Account or Deposit Account only once Southern Shade has received a successful confirmation of payment, should you be EFT.

  1. 3D SECURE

27.1 When using your credit card for online shopping, Southern Shade T/A South Shade, through XXXXXXXXXXX, may use 3D Secure as an additional security measure should your issuing bank support it. 

27.2 3D Secure will authenticate your personal details and will authorize payment for online shopping. If your issuing bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to set it up.

28 ORDERS

28.1 By submitting an order to buy Products, you: -

28.1.1  represent and warrant that you are over the age of 18 (eighteen) years;

28.1.2 represent and warrant that you are authorized to place the order, make payment for the order and that you have sufficient funds available to settle your Trade Account or Deposit Account, if you are paying via any of these Accounts.

28.1.3. represent and warrant that if paying by EFT that you have followed the payment instructions provided by XXXXXXXXXXXXXXXXXXX

28.1.4 consent to us providing your personal information to our third party payment provider, namely XXXXXXXXXXXXXXXXXXXX, which is necessary to enable us to perform our obligations in terms of this Agreement.

 

28.2 In order to protect our interests as well as yours, we may, but are not obligated to do so, scrutinize transactions to prevent fraud. Any transactions may be refused by Southern Shade T/A South Shade if Southern Shade is not satisfied that it is legitimate.

28.3 You may pay for the products by using a valid Credit Card, Debit card, EFT, Trade Account or Deposit Account. No other method of payment, including gift vouchers, will be accepted by Southern Shade T/A South Shade in respect of the purchase of Products on the Website.

28.4 In placing an order you will be required to select whether the Products ordered will be collected from the selected Store or whether you would like Southern Shade T/A South Shade to deliver the Products to your specified delivery address.

28.5 In the event that you wish to change your order from a collection to a delivery, Southern Shade T/A South Shade will charge an additional delivery fee.

28.6 All your orders placed through the Website can be viewed under the “ My Profile” ˃ “Order History” tab.

28.7 On receipt of your order, Southern Shade T/A South Shade will send you an email describing the Products that you have ordered on the Website and will confirm the order number in the same email. This email shall confirm that Southern Shade T/A South Shade has received your order, but does not represent any acceptance of your offer to purchase the Products contained in that order.

28.8 Southern Shade T/A South Shade is not legally obliged to provide the Products to you during the offer process.

28.9 The contract of sale between you and Southern Shade T/A South Shade will only be completed when Southern Shade T/A South Shade dispatches the Products to you. Any Products on the same order which have not been dispatched to you do not form part of the contract.

28.10 Delivery and collection dates are only estimates, and as your order is processed you will be informed if any outstanding Products on your order are unavailable or delayed for any reason.

29 Delivery

29.1 As per our Shipping and Returns Policy, we shall only deliver to certain areas. If Southern Shade (Pty) Ltd does not deliver to your area, you may collect the Products from the warehouse directly.

29.2 Delivery is free of charge to main Towns and Centres in South Africa. Deliveries to outlying areas may incur an additional fee. Our third Party Courier delivers from Monday to Friday, 8h00 to 17h00.They do not deliver on Sundays and any South African Public Holiday. Should it be unavoidable for us to exceed these delivery times, you will be notified either electronically or telephonically.    

29.3 In the event that you request that your order be delivered to multiple addresses, you will be charged an additional delivery fee.

29.4 Southern Shade and / or the Delivery Service Provider may be required to make multiple deliveries to your delivery address. In the event that Southern Shade and / or the Delivery Service Provider elects to make the multiple deliveries of your order, then you will not be charged any additional delivery fees

29.5 You must ensure that the correct delivery address is provided to Southern Shade and Southern Shade shall not be liable for any deliveries made to an address incorrectly provided by you.

29.6 You hereby authorize Southern Shade to provide your personal information, including your name, delivery address and telephone number to our third party service provider (“Delivery Service Provider”) for the purpose of effecting the delivery.

29.7 Southern Shade and / or the Delivery Service Providers deliver to registered customers within certain specified delivery areas. Deliveries to outlying areas shall attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town / city or main center. Outlying areas include farms, mines & townships.

29.8 Southern Shade and / or the Delivery Service Provider may contact  you regarding your orders from time to time.

29.9 On each delivery of the order to the specified address, you will receive a delivery note from either Southern Shade T/A South Shade or the Delivery service Provider, showing the items delivered.

29.10 For verification purposes the person accepting the delivery at the delivery address will be required to produce a form of identification. Any person other than yourself who receives the Products at the delivery address is presumed to be authorized to accept delivery on your behalf as we offer a door to door delivery service.

29.11 Should no-one be in attendance at the delivery address specified by you at the time of the delivery, the driver will return the Products. Southern Shade or the Service Delivery Provider will attempt to contact you to make new arrangements for delivery. Southern Shade reserves the right to charge an additional delivery fee should it be required under these circumstances. South Shade’s sole liability for failing to deliver the Products timeously is limited to delivery being affected at a later agreed time and at no additional charge.

29.12 Southern Shade (pty) Ltd T/A South Shade, has insurance that covers loss or damage of parcels in transit to you.

29.13 South Shade or our Third Party Delivery service will deliver to the pavement or door of your allocated delivery address. It is your responsibility to ensure that you have made arrangements to accept delivery and storage of the Products. Neither South Shade nor the Third party Delivery shall not dismantle or assemble any Products for you. 

29.14 You warrant that the delivery address is suitable for entry by South Shade’s driver and /or the Delivery Service Provider’s vehicles and should a claim arise from damage to items such as driveways, overhead cables or walls, then you will be liable for such damages.

30 Click and Collect

30.1 To collect at the warehouse, place your order online as normal and select the “collect” option instead of entering your delivery details.

30.2 Products may only be picked up from your chosen Fulfillment Store upon presentation of a valid order number, which can be printed either once your payment is complete, or in your Online Order history.

30.3 All orders must be collected within 7 (seven) days, from the store, failing which, South Shade cannot guarantee the availability of such stock items.

31.1 You can track the status of your order by logging into your account and by clicking on “My Account” ˃ “ My Profile” ˃ “Order History” which is under your personal account. Once you have selected the order you wish to track you will be able to see if your order has been received by South Shade, if it has been delivered to you and if it has arrived at the store of your choice for you to collect. The order history shall only track your online transactions and not any purchases made in person at the distribution sites.

31.2 South Shade will also send you e-mails and / or SMS’s to advise you on the progress of your order. You can call us on …………………………………..

32 Cancellation

32.1 If for any reason you would like to cancel an order or any part thereof, this may be done by contacting our Contact Centre on ………………………………. You will only be able to cancel orders up to midnight on 5 days prior to the date of the delivery.

32.2 You may return a Product, at our cost, to XXXXXXXXXXX provided you have the original invoice / proof of purchase and have complied with the required terms and conditions. Please refer to the South Shade Return and Refund Policy.

33 Refunds

33.1 Refunds will be offered should goods be returned within 3 months of purchase and refunded in full, as long as the criteria, as stipulated in our returns and refunds policy, are met.

33.1 South Shade will refund a purchase for the exact amount, unless at our sole discretion, we feel validated in deducting an administrative fee ( for example, if we had to deliver the original package more than once and occurred  double expense in supplying it to you).

33.2 Refunds will only be processed in accordance with the Refund and Returns Policy, and in the payment method that was used when the order was created, and into the account from which it was paid.

33.3 South Shade reserves the right to effect any refund in the exact manner in which you purchased the Products (for example, cash received refunded in cash and electronic funds transfer back into the account from which the deposit was initially received).

33.4 A refund can take you up to 7 (seven) business days to reflect in your account, and EFT refunds are subject to verification of your banking details.

34 Risk and Ownership

34.1 Risk in the products shall pass to you by acceptance of the Products by your authorized representative on delivery or collection. We will retain ownership of the Products until payment has been received in full. In respect of Deliveries, ownership will pass on off-loading of the Products to the pavement.  

35 Reviews and Products

35.1 You may review any of the Products on the Website.

35.2 South Shade reserves the right to amend or delete any reviews which are deemed, at South Shade’s sole discretion, to be unfair, inaccurate, defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personal rights.