Terms and Conditions
This website is operated by Storm Capital Investments (Pty) Ltd trading as Storm Distribution, company registration number 2008/023063/07 and whose registered office is at, No 9 Charnwood Avenue, Tokai, 7945, Cape Town, South Africa. Access to and use of our website and the sale and purchase of products from our website are governed by the Conditions of Use and the Terms and Conditions of Sale (together “Terms & Conditions”) set out below. By using our website and placing orders for the purchase of our goods via our website, you are agreeing to accept these Terms & Conditions. If you do not accept these Terms & Conditions then do not use our website or place orders with us.
Conditions of Use
1.1.1. Any communication or material (other than information you provide to us when registering with us) which is sent to us by e-mail or otherwise will be treated by us as non-confidential, and may be used in such manner as we think fit. This includes, but is not limited to, disclosure, use, publication, and broadcast and we may authorise third parties to do the same. Such information shall be and will remain our property, and we shall be free to use any ideas, know-how or techniques included in any such communication for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing items incorporating such information without any form of compensation being due to the provider of such information.
1.1.2. You agree that all material you submit to us is original to you, and not copied in whole or in part from any third party.
1.1.3. We do not warrant or guarantee in any way that any communication, which is not made on a transactional basis, and therefore not subject to the SSL encryption process (see details of our Security Statement), is secure.
Security Statement – Privacy Statement:
This website operated by Storm Capital Investments (Pty) Ltd trading as Storm Distribution provides information about the exquisite LECHUZA assortment of planters and furniture. To enjoy our website, Storm Distribution does not require anyone to share personal information about themselves. You can visit our site without registering with us.
Certain limited non-personal identifiable information is recorded by our internet servers when you visit our site. This limited information includes the type of the used browser (such as Microsoft Internet Explorer or Mozilla Firefox) and the operating system used by your computer (such as Windows XP). Our internet servers also keep track of the number of visitors to the site, the pages they visited and how long they stayed. None of this information includes any personal information about you. Our server doesn’t detect either your e-mail address or other personal data of identification, if you do not submit it.
1.1.4. We therefore strongly advise that no personal information, such as, an e-mail or postal address, or any credit or debit card information is contained in a non-encrypted communication. We do not accept any liability for any loss, howsoever caused, by entering data, personal or otherwise, on a non-encrypted communication. Children under the age of 16 should not enter their own personal details, but should instead give details of their parent or guardian.
1.2. Copyright and Trade marks
1.2.1. Any and all material on this website which includes, but is not restricted to, all images, text layouts, illustrations, graphics, underlying source codes and text (“the Content”) is protected by copyright and other intellectual property rights and is owned by Geobra Brandstätter Stiftung & Co. KG of Zirndorf, Germany and used by us under licence. Unless you have the express written consent of Geobra Brandstätter Stiftung & Co. KG the Content may not be, without limitation, copied, reproduced, distributed, modified, or republished. You may however download the Content for non-commercial, personal home use, provided you keep intact all copyright, trademark and other intellectual property notices. We do not warrant or guarantee that the use by you of any of the Content will not infringe the rights of third parties, which are not owned, controlled by or affiliated with Geobra Brandstätter Stiftung & Co. KG.
1.2.2. Any trade mark, including LECHUZA and logos displayed on this site are owned by Geobra Brandstätter Stiftung & Co. KG of Zirndorf, Germany and used by us under licence. You are not permitted, save with the prior written consent of Geobra Brandstätter Stiftung & Co. KG, to use any trade mark or logo so displayed and nothing contained on this site should be or can be considered to be a granting of a licence or a right to use the trademarks or logos in any manner.
1.3. Content of Site
1.3.1. The products and the prices displayed on this website are invitations to treat and in no way constitute an offer.
1.3.2. We provide this website to you on an ‘as-is’ basis and while we use all reasonable efforts to ensure that the information contained on the site is up-to-date and accurate, we give no guarantees or warranties as to the accuracy of the information and, to the fullest extent permissible by law, exclude all liability or responsibility for any errors contained on the site.
1.3.3. We, our employees and agents shall not be liable for any loss or damage arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property (such as your computer equipment) and claims of third parties.
1.3.4. The exclusions and limitations in clauses 1.3.2 and 1.3.3 are in no way intended to limit any rights you may have as a consumer under any consumer protection laws or other statutory rights which may not be excluded and in no way do they exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
1.3.5. We aim to ensure that the prices as indicated on the site are correct at all times however prices may not be correct at the time you place an order. We reserve the right to change prices, descriptions or products without notice.
1.3.6. We may at any time, without notice, alter these Terms & Conditions and such changes will take effect when posted on the website (see date up above). It is your responsibility to read the Terms & Conditions each time you use this website and your continued use of the website shall show your acceptance to be bound by the Terms & Conditions as revised from time to time.
1.4. Links to other websites
Links within our website may contain hyperlinks to other websites not operated or controlled by us. These are provided merely for your convenience and we are in no way responsible for the content or material on these websites. Should you choose to visit any of these websites using the hyperlinks, you do so entirely at your own risk. The fact that the hyperlink is contained in this website is no indication that we approve, endorse or recommend those websites nor does it imply that we have any association with their operators.
1.5. Targeted Customers
This website is directed at South African residents only and is not intended for use by traders. If you wish to have a trade account please contact email@example.com. If you are not a resident of South Africa DO NOT USE THIS WEBSITE. If you register with us and list your place of residence and delivery address in our registration form as being in South Africa, then you are representing to us that you are a resident of South Africa and we will rely on this representation prior to accepting your offer to purchase any of our goods advertised for sale on this website.
We are committed to protecting your privacy and we comply with the Data Protection Laws applicable to the South Africa. For further details please read our Privacy Statement.
Terms and conditions of sale
2.1. The contract between us
2.1.1. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us, we will confirm that your order has been accepted by sending an email to you at the email address you provided when registering.
2.1.2. For the avoidance of doubt, receipt of an order via our website does not constitute acceptance of an order.
2.2.1. The prices payable for goods that you order are as set out on our website and include V.A.T.
2.2.2. It might not be possible for us to deliver to some locations by courier and in that case there might be an extra charge for delivery.
2.3. Right to return good purchased
2.3.1. [Subject to clause 2.3.2], you may cancel an order or return goods purchased from us at any time up to fifteen working days from the date you receive the ordered goods. You do not need to give us any reason for cancelling your order/purchase nor will you have to pay any penalty, other than covering the cost of returning the goods to us, if the product are in no way faulty. Should the product be the incorrect product, faulty or broken, the return courier cost will be covered by Storm Distribution. (Within the borders of South Africa). A refund for the product will only be made once the product has been received by our warehouse. All items must be received in their original packaging and in the condition that you received it in. We will send you an email confirming the receipt of the returned product and we will then notify you once the refund has been made. Please allow 7 working days for the refund to be processed.
2.3.2. To cancel your order/purchase you must notify us in writing either by post or by email firstname.lastname@example.org.
2.3.3. If the goods have been dispatched by us or you have received the goods before you cancel your order, you must send the goods back to us at our address detailed in clause 2.3.7 below, at your own cost and risk. Should the product be the incorrect product, faulty or broken, the return courier cost will be covered by Storm Distribution. (Within the borders of South Africa). Should the product be in perfect working order and you have decided that you no longer want the product, then the return courier costs and risk will be for your account. All items must be received in their original packaging and in the condition that you received it in. We will send you an email confirming the receipt of the returned product and we will then notify you once the refund has been made. Please allow 7 working days for the refund to be processed.
2.3.4. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit/debit card will be re-credited to your account as soon as possible and in any event within 30 days of receiving the product at our premises PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
2.3.5 All goods being returned under this clause 2.3 should be returned to the following address:
33a Bell Crescent
Westlake Business Park
2.4. Cancellation by us
2.4.1. We reserve the right to cancel the contract with you if:
- we have insufficient stock to deliver the goods you have ordered; we do not deliver to your area; or one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
2.4.2. If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
2.5. Items out of stock
2.5.1. If an item you order is currently out of stock we will only deliver those items of your order currently in stock. Out of stock item(s) will not be delivered when they become available. OUT OF STOCK ITEMS MUST BE RE-ORDERED.
2.5.2. You will only be charged for the items we deliver to you.
2.6. Delivery of goods to you
2.6.1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
2.6.2. Delivery will normally be made within 5 working days after your order is accepted and in any event within 30 days of your order being accepted.
2.6.3. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
2.7. Faulty Items
2.7.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 15 working days of the delivery of the goods in question.
2.7.2. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
2.7.3. If you notify a problem to us under this clause, our only obligation will be, at your option:
- to make good any shortage or non-delivery;
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question in whatever way we choose.
2.7.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to, at your request, refund to you the amount paid by you for the goods in question under clause 2.7.3(c) above.
2.7.5. Notwithstanding the foregoing, nothing in these Terms and Conditions of Sale is intended to limit any rights you might have as a consumer under applicable consumer protection laws or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these Terms & Conditions, all notices from you to us must be in writing and sent to our contact address at No 6 Regent Park, No 2 Bellcrescent Road, Westlake Business Park, Tokai, 7945, Cape Town or e-mailed to us at email@example.com. All notices from us to you will be displayed on our website from time to time.
2.9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Terms and Conditions of Sale is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
You acknowledge and agree to be bound by the terms of our Privacy Statement.
2.12. Third party rights
Except for our affiliates, directors, employees or agents, a person who is not a party to this agreement has no right to enforce any term of this agreement.
2.13. Governing law
The contract between us shall be governed by and interpreted in accordance with South African law and the South African courts shall have jurisdiction to resolve any disputes between us.
2.14. Entire agreement