Terms and CONDITIONS
THIS IS AN IMPORTANT DOCUMENT WHICH LIMITS YOUR RIGHTS. PLEASE READ IT CAREFULLY AND PAY CAREFUL ATTENTION TO CLAUSES IN BOLD AND OR ITALICISED TEXT.
Welcome to the Infection Protection Products Website at www.sanitouch.co.za and www.infectionprotectionproducts.co.za. Please take a moment to read these Terms and Conditions (“Terms”) including our policies to understand how they apply to your use of our Website and any products or services that may order online.
These Terms apply to your use of this Website. By using this Website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law.
If you use our Website you agree to be bound by these Terms.
Online purchases from our Website are subject to these Terms.
We may periodically update or change the Terms. You should check them from time to time, as your continued use of our Website will mean you accept any updated or revised Terms.
1. Terms and Conditions
The terms and conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of Infection Protection Products or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Infection Protection Products or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Infection Protection Products to explain it to you before you accept the Terms and Conditions or continue using the Website.
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 you or Infection Protection Products in terms of the CPA.
Infection Protection Products permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
These Terms (“Terms”) govern your (“the User”) use of the Infection Protection Products (“Provider”) website located at the domain names, www.sanitouch.co.za and www.infectionprotectionproducts.co.za (“the Website”) The User may not reproduce, distribute, republish, post or transmit any part of the Website for marketing and or other purposes without the consent of the Provider.
2. Registration and use of the website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Infection Protection Products. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Infection Protection Products immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Infection Protection Products representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Infection Protection Products representative.
3. Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Infection Protection Products may accept or reject. Whether or not Infection Protection Products accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Infection Protection Products for the Goods.
NOTE: Infection Protection Products will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Infection Protection Products will come into effect (the “Sale”). This is regardless of any communication from Infection Protection Products stating that your order or payment has been confirmed. Infection Protection Products will indicate the rejection of your order (by Infection Protection Products itself ) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Infection Protection Products, Infection Protection Products will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Infection Protection Products will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
The Goods for sale by Infection Protection Products, payment can be made for Goods via –
1. Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
2. Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Infection Protection Products will not accept your order if payment has not been received;
3. Instant EFT;
4. Master pass.
Transactions will be acquired for the Provider via Payfast (Pty) Ltd. Customers details will be stored by the Provider separately from the card and account details which are entered by the client on PayFast’s secure site.
Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
5. Delivery of goods
Infection Protection Products offers delivery of Goods to you via a door to door courier.
Our delivery charges are subject to change at any time, without prior notice to you, so please check for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
Where it accepts your order, Infection Protection Products will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period . You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
Infection Protection Products’ obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Infection Protection Products is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
6. Refunds or a return
To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;
package your products safely and securely for protection during transit;
clearly mark your return reference number on the outside of the parcel; and
include all accessories and parts that were sold with the product.
Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.
You can return an unwanted product to us at no charge, provided:
it is undamaged and unused, with the original labels and stickers still attached;
save in relation to Unboxed Deals, it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable).
it is not missing any accessories or parts; and
you log a return on the Website within 30 days of delivery to you or collection by you, of the unwanted product. After 30 days, you can only return a product if it is defective.
Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).
If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.
If you return a product that does not comply with this Policy, you may be liable to reimburse Infection Protection Products for the cost of collecting the product from you and the cost of having the product returned to you.
Please note that we only refund to the payment method that you originally used– i.e. payment by credit card will be refunded to the same credit card, payment by EFT or will be refunded to your nominated bank account.
If for any reason, you choose to cancel an order, you can do so by visiting your Order History on the Website. You may only cancel orders up to midnight on the day the order is placed. We reserve the right to debit your payment card for delivery fees in respect of any late cancellations.
If payment has been processed and the product has not been dispatched, please contact our Accounts Department to request a credit.
Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of a breach of any of the “terms”.
8. Export Restriction
The offering on this website is available to South African delivery addresses only.
The transaction currency is South African Rand (ZAR).
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Infection Protection Products shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
1. your name and surname;
2. your email address;
3. your physical address;
4. your gender;
5. your mobile number; and
6. your date of birth.
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
We will not, without your express consent:
use your personal information for any purpose other than as set out below: in relation to the ordering, sale and delivery of Goods;
to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
disclose your personal information to any third party.
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Infection Protection Products is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Infection Protection Products undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
11. Changes to these Terms and Conditions
Infection Protection Products may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
12. Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Infection Protection Products, its advertisers and/or sponsors and/or is licensed to Infection Protection Products.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
Where any of the Website Content has been licensed to Infection Protection Products, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
“Infection Protection Products”, “Sani-touch” and all other names displayed on the website, whether appearing in large print or not, or with the registration symbol or with the trade mark symbol, TM, are trademarks of Infection Protection Products, its affiliates, related companies or its licensors or joint venture partners. You may not use these trademarks or any other material except as permitted by the “terms”.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Infection Protection Products takes reasonable measures to ensure that the content of the Website is accurate and complete, Infection Protection Products 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 Infection Protection Products’ representatives, Infection Protection Products shall not be bound thereby.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Infection Protection Products also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Infection Protection Products, its employees, agents or authorised representatives. Infection Protection Products thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
INFECTION PROTECTION PRODUCTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY INFECTION PROTECTION PRODUCTS AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
14. Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Infection Protection Products, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Infection Protection Products hereby selects 31 Susan Street, Strijdom Park, Randburg, Johannesburg as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Infection Protection Products may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Infection Protection Products not not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
Infection Protection Products may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Infection Protection Products to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Infection Protection Products and no other warranty or undertaking is valid, unless contained in this document between the parties.