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Terms And Conditions

By accessing or using our site (including our social media platforms) (hereinafter referred collectively as “our site”) in any way, including, without limitation, evaluating, downloading, and/or using any of our site materials and services displayed and/or offered on our site (including our social media platforms), or by merely browsing our site you expressly acknowledge that you have read and agree to be bound by the terms of use and pool splendor’s privacy policy, which is incorporated herein by reference.

1.1. This document sets out the terms and conditions of use (“Terms”) of NICOL HOUSE AFRICA (PTY) Ltd t/a POOL SPLENDOUR (“we”, “us”, “our”; “POOL SPLENDOUR”; “) pertaining to the access and use of the information, services and functions provided on www.poolsplendour.co.za (“SITE”,” OUR SITE” or “OUR WEBSITE”).

1.2. By accessing or using OUR SITE or by visiting OUR SITE and/or purchasing something from us, you:

1.2.1. Agree and consent to be bound by the Terms and by all other terms, policies (including our Privacy Policy) including those additional terms and conditions and policies referenced herein and/or available by hyperlink and guidelines incorporated by reference herein; and

1.2.2. Agree that the Terms are enforceable against all persons that access the Website or any part thereof.

1.2.2.1. Should any person that accesses and uses OUR SITE or purchases from OUR SITE (“you” or “user”) disagree with any of the Terms, you must refrain from accessing, using, purchasing downloading, copying and/or distributing content obtained from OUR SITE as further use will automatically bind you to these Terms.

1.2.3. Agree to use this site in accordance with these terms of use, and all laws, regulations and codes of conduct (including self-regulatory) applicable to you and your use of the Internet and the services provided to you on OUR SITE.

1.2.3.1. In particular, you agree to use this site only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of or enjoyment of this site by any third party.

1.2.3.2. Furthermore, you agree not to use the site in a manner that would bring us, our business and/or any of our affiliates into disrepute.

1.3. These Terms apply to your use of OUR SITE and do not alter in any way the terms or conditions of any other agreement you may have with POOL SPLENDOUR, its subsidiaries or affiliates.

1.4. These Terms incorporate OUR SITE as well as POOL SPLENDOUR’s Privacy Policy which incorporates how POOL SPLENDOUR will use and protect any personal information that the User gives POOL SPLENDOUR when using OUR SITE.

1.4.1. POOL SPLENDOUR’s Privacy Policy forms an integral part of the Terms of use of OUR SITE.

1.4.2. POOL SPLENDOUR is committed to protecting your privacy so by accessing use of OUR SITE Terms, you are also bound by our Privacy Policy.

1.4.2.1. We will compile and use the information which you give to us to provide you with services and personalize your use and visits of OUR SITE.

1.4.2.2. We may also use such information to inform you, the User, about changes in the services we offer and/or about features we think you would find of interest.

1.4.2.3. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Privacy Policy, including for the purpose of processing your requests.

1.4.2.4. For further information regarding our treatment and house we collect, use and disclose of your personal information, you are referred to our Privacy Policy.

1.4.3. Our Privacy Policy complies with, and facilitates the obligations required from the POPI Act as well as complies with the GDPR.

1.4.4. OUR SITE uses cookies; by using OUR SITE or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

1.5. These Terms apply to Users who are consumers for purposes of the CPA.

1.6. These Terms apply to any instruction you give us as our User to the Services; Pool Equipment, Products Solutions and Chemicals POOL SPLENDOUR provides to you.

1.6.1. POOL SPLENDOUR may add to or change these terms in a written estimate, quote, proposal, engagement letter, form or invoice, even if it does not mention these terms.

1.6.2. Any new features; tools, Products or Services which are added to the current store shall also be subject to these Terms.

1.6.3. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1.6.4. IMPORTANT NOTICE:

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

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

1.6.4.2.1. may limit the risk or liability of POOL SPLENDOUR; and/or

1.6.4.2.2. may create risk or liability for the User; and/or

1.6.4.2.3. may compel the user to indemnify POOL SPLENDOUR; and/or

1.6.4.2.4. serves as an acknowledgement, by the User or Client, of a fact.

1.6.4.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

1.6.4.4. 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 POOL SPLENDOUR in terms of the CPA.

1.6.4.5. POOL SPLENDOUR permits the use of this Website subject to the Terms and Conditions.

1.6.4.5.1. 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.

1.7. If there is anything in these Terms that you do not understand, then please contact us as soon as possible. Please note that calls to us are charged at the Republic of South Africa’s national rates and may be monitored for security or other legitimate purposes.

1.7.1. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask POOL SPLENDOUR to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.1. We

Nicol House Africa (Pty) Ltd,

Registration number: 2014/176473/07,

Our physical address is:

Unit 26B, Platinum Junction

School Street

Milnerton

Cape Town

7441

Contact Number: +27 21 552 4430

Email: info@poolsplendour.co.za

trading as POOL SPLENDOUR on the websites: www.poolsplendour.co.za, www.sunchlor.co.za  and its subsidiaries, associates and officers unless otherwise stated.

2.2. These Terms and Conditions govern the supply by us of any Products ordered by you on the OUT SITE. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.

3.1. The following terms shall have the corresponding meanings assigned to them:

3.1.1.  “Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;

3.1.2. “Acknowledgement” means our acknowledgement of your Order by email;

3.1.3. “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;

3.1.4. “Confirmation of Order” means our email to you, in which we accept your Order in accordance with clause 4.7 below;

3.1.5. “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6 below;

3.1.6. “Customer” means individual who places an Order on the Site;

3.1.7. “Liability” has the meaning given to it in clause 11 of these Terms and Conditions;

3.1.8. “Order” means the order submitted by you to the Site to purchase a Product from US;

3.1.9. “Others” means any person or entities not authorised to represent POOL SPLENDOUR;

3.1.10. “Our” means POOL SPLENDOUR as described above;

3.1.11. “Our Site” shall mean to include collectively: POOL SPLENDOUR’s Social Media Platforms.

3.1.12. Social Media Platforms” shall mean:

3.1.12.1. Technology which allows the sharing and interaction of users who form an online community.

3.1.12.2. Web-based technologies that enables the development, deployment, and management of social media solutions and services.

3.1.12.3. Online and web-based technology platforms that provides the ability to create social media websites and services with complete social media network functionality. Online platforms include, but not limited to the following:

3.1.12.3.1.  Linkedin

3.1.12.3.2. Twitter

3.1.12.3.3. Instagram

3.1.12.3.4. Facebook

3.1.12.3.5. YouTube

3.1.12.3.6. Pinterest

3.1.12.3.7. Snapchat

3.1.12.3.8. Tumblr

3.1.12.4. A social platform-based technology that facilitates the sharing of ideas, thoughts, and information through virtual networks and communities.

3.1.12.5. Internet-based and gives users quick electronic communication of content, such as personal information, documents, videos, and photos.

3.1.12.6. Users engage with social media via a computer, tablet, or smartphone via web-Platforms, which enables interaction and publishing of user-generated content.

3.1.13. “Us” means POOL SPLENDOUR as described above;

3.1.14. “We” means POOL SPLENDOUR as described above;

3.1.15. “You” means the Customer who places an Order or is a Visitor to OUR SITE.

3.2. Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;

3.3. Words imparting the singular shall include the plural and vice versa.

3.4. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;

3.5. References to “includes” or “including” or like words or expressions shall mean without limitation. These Terms and Conditions are intellectual property of POOL SPLENDOUR and any use by third parties, even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action.

3.6. References to “clauses” are to clauses of these Terms and Conditions;

4.1. These Terms applies to you if you are:

4.1.1. a User who has ordered or requested Services and/or Products that we provide;

4.1.2.  a User that has subscribed to the Services and/or Products we offer;

4.1.3. a User and/or Visitor to OUR SITE.

4.2. By using OUR SITE, you represent and warrant that you are over the age of 18 (or the age of majority in your country) and are lawfully able to accept these terms.

4.2.1. If you are using OUR SITE on behalf of any entity, you further represent and warrant that you are authorised to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify us for violations of these Terms.

4.3. You must be a human or a human authorized representative of an entity. Accounts registered by ‘bots’ or other automated methods are not permitted.

5.1. These Terms and Conditions shall apply to all Orders and Contracts concluded by or with POOL SPLENDOUR for the sale and/or supply of Products. When you submit an Order to POOL SPLENDOUR, give any delivery instruction or accept delivery of any Products, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).

5.2. These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or verbally, are expressly waived and excluded.

5.3. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by the authorised person at POOL SPLENDOUR.

6.1. When placing an Order, you must register for an Account on the OUR SITE as detailed in clause 12, and you must follow the instructions on OUR SITE as to how to place your Order and for making changes to your prospective Order before you submit it.

6.2. Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on OUR SITE) together with the charges you must pay including VAT, cash handling fee and delivery fees, if applicable. Unless otherwise stipulated on the OUR SITE, all charges are in the currency then in force in South Africa. Subject to clause 6.10 below, this is the total that you will pay for receipt of the ordered Product.

6.3. You shall pay for the Product by the following payment method, subject to POOL SPLENDOUR’s discretion:

6.3.1. Payment Via YOCO

POOL SPLENDOUR makes use of this secure online payment facility, allowing our customer to use CREDIT AND DEBIT CARD payment methods via this single platform. For full terms and conditions and any disclosure notices please refer to https://www.yoco.co.za alternatively contact the administrator on info@poolsplendour.co.za.

6.3.2. Payment Via PayFast

POOL SPLENDOUR makes use of this secure online payment facility, allowing our customer to use multiple payment methods via this single platform. For full terms and conditions and any disclosure notices please refer to www.payfast.co.za. alternatively contact the administrator on info@poolsplendour.co.za.

6.4. When you submit an Order to OUR SITE, you agree that you do so subject to the latest Terms and Conditions available on OUR SITE at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit an Order.

6.5. Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.

6.6. We shall not be obliged to supply the Product to you unless we have accepted your Order (by issuing a Confirmation of Order). Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).

6.7. A Contract shall be formed, and we shall be legally bound to supply the Product to you when we accept your Order, unless performance becomes impossible for a reason beyond Our control. Acceptance shall take place when we expressly accept your Order by email in the form of a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by POOL SPLENDOUR. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If your Order is cancelled, either by you or POOL SPLENDOUR, before we have accepted the Order, then we will promptly refund any payment already made to us, by you or your credit or cheque card company, in respect of the cancelled Order.

6.8. If you discover that you have made a mistake with your Order after you have submitted it to OUR SITE, please contact info@poolsplendour.co.za immediately. However, POOL SPLENDOUR cannot guarantee that we will be able to amend your Order in accordance with your instructions.

6.9. We will, always do our utmost best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by POOL SPLENDOUR as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm whether you wish to proceed at the amended price.

6.10. A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.

6.11. You must only submit to POOL SPLENDOUR, or our agent or OUR SITE, information which is accurate and not misleading and you must keep it up to date and inform us of changes.

7.1. We aim to deliver the Product to you at the place of delivery requested by you in your Order. Orders are only delivered to physical address; no PO Box addresses are allowed.

7.2. We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of order any order which we accept but we cannot guarantee any firm delivery dates.

7.3. We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

7.4. On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects, or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.

7.5. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to POOL SPLENDOUR when you place your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

7.6. We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.

7.7. All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

7.8. You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.

7.9. You shall ensure that you are ready for safe receipt of the Product without undue delay at any time reasonably specified by us.

7.10. If you are not available to take delivery or collection, our carrier may leave a card giving you instructions on either re-delivery or collection from them.

7.11. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

7.11.1. charge you for our reasonable storage fee and other costs reasonably incurred by us; or

7.11.2. no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your payment already paid to POOL SPLENDOUR under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 7.11.1. above) exceed such amount.

7.12. It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

7.13. All Orders will incur a non-refundable delivery fee in addition to any other fee applicable, this will be fully disclosed prior to you completing your order.

8.1. We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and POOL SPLENDOUR, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made and accept no liability which may arise as a result of such refusal to process any order/sale.

8.2. We will usually refund any money received from you using the same method originally used by you to pay for the Product, unless otherwise agreed between you and POOL SPLENDOUR.

9.1. You are entitled to cancel any sale concluded on OUR SITE within Fourteen (14) days of receipt of the goods and to obtain a refund, provided that the goods remain unused and in the original packaging. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 14 days from the order date).

9.2. No cancellation fees shall apply.

9.3. Delivery fees and cash handling fees, where applicable, are not refundable. An administration fee and collections fee will be deducted from all non-faulty returned goods.

9.4. For more details relating to returns of non-faulty Products, please contact the administrator on info@poolsplendour.co.za.

10.1. We warrant that:

10.1.1. the Product will be delivered undamaged in the quantities ordered; and

10.0.2. the Product will conform with the manufacturer’s latest published instructions as set out on OUR SITE or in our Product material at the time of your Order.

10.2. The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on OUR SITE or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.

10.3. Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.

10.4. We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.

10.5. In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:

10.5.1. you specify with reasonable detail the way in which it is alleged that the Product is damaged or defective; and

10.5.2. you provide us with the delivery note number and such other information as we reasonably require.

10.6. If you would like POOL SPLENDOUR to replace (if reasonably possible e.g., if product is still available or could easily be obtained by POOL SPLENDOUR) or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:

10.6.1. been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or

10.6.2. been involved in any accident or damage caused by an incorrect attempt at modification or repair; or

10.6.3. been dealt with or used contrary to POOL SPLENDOUR or the manufacturer’s instructions for the Product; or

10.6.4. deteriorated through normal wear and tear, after delivery by POOL SPLENDOUR, We may at our discretion decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at POOL SPLENDOUR’s current standard fees and costs and charge this to your credit or cheque card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

10.7. Special conditions and procedure for returns of defective products will apply, as set out in our Returns Policy. The special conditions are in line with the requirements of the Consumer Protection Act 68 of 2008.

11.1. This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:

11.1.1. the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or OUR SITE (or any part of it or them); or

11.1.2. otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

11.2. We will always do our utmost best to ensure that all information displayed on OUR SITE and in any communications from POOL SPLENDOUR is accurate, however, should any inaccurate information be published by POOL SPLENDOUR (i.e., incorrect Product description or price), despite our best efforts to ensure accuracy, we shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.

12.1. Any person that delivers or attempts to deliver any damaging code to OUR SITE or attempts to gain unauthorised access to any page on OUR SITE shall be prosecuted and civil damages shall be claimed in the event that POOL SPLENDOUR suffers any damage or loss.

12.2. You agree and warrant that your log-in name and password shall:

12.2.1. be used for your personal use only; and

12.2.2. not be disclosed to any third party.

12.3. You allow POOL SPLENDOUR to take all reasonable steps to ensure the integrity and security of OUR SITE and back-office applications. All payment made through our authorised online payment vendor are subject to their security features and encryption.

13.1. We shall perform our obligations under these Terms and Conditions with reasonable skills and care.

13.2. We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 2.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.

13.3. In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five (5) Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.

Please see our Privacy Policy, which forms part of these Terms and Conditions.

15.1. We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.

15.2. Either you or POOL SPLENDOUR may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor POOL SPLENDOUR shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).

15.3. If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

16.1. Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in clause 18 of these Terms and Conditions.

16.2. Any notice given by post shall be deemed to have been served seven (7) Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to clause 20 of these Terms and Conditions, you and POOL SPLENDOUR submit to the jurisdiction of the South African courts.

Disputes between you and POOL SPLENDOUR:

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and POOL SPLENDOUR on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of POOL SPLENDOUR, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from: https://www.arbitration.co.za/downloads/expedited_rules.pdf

POOL SPLENDOUR chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:

Nicol House Africa (Pty)Ltd t/a Pool Splendour

Unit 26B, Platinum Junction

School Street

Milnerton

Cape Town

7441

with a copy to info@poolsplendour.co.za (the sending of such copy being required for any notice to be considered validly delivered to POOL SPLENDOUR).

20.1. We shall use our reasonable endeavours to comply with any relevant regulations relating to OUR SITE, published by the Advertising Standards Authority. All photography is for illustrative purposes only and specific styles are not necessarily stocked.

20.2. All trademarks marketed are acknowledged and are the property of their respective owners.

20.3. Please note that we have specifically received permission from various suppliers to use photographs and descriptions of their products. This permission does not extend to third parties taking images and information from our website. Further to this, photographs of products that POOL SPLENDOUR has taken belong to POOL SPLENDOUR and cannot be copied from our website without express permission.

20.4. The images do not form part of any contract/warranty as to what is purchased. Product images might differ from the actual product e.g., changing in the supplier packaging. However, we update our images regularly, to illustrate the products we sell as accurately as possible.

21.1. These Terms and Conditions shall commence from the date on which they are published on OUR SITE and continue indefinitely, as amended by POOL SPLENDOUR from time to time, for so long as OUR SITE exists and is operational, POOL SPLENDOUR being entitled to terminate these Terms and Conditions and/or shut down OUR SITE at any time (subject to still processing any orders then already placed and accepted by POOL SPLENDOUR). However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.

21.2. No failure or delay, by POOL SPLENDOUR or by you, in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish POOL SPLENDOUR’s, or your rights under these Terms and Conditions or a Contract.

21.3. If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

21.4. You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.

21.5. Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

21.6. No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.

21.7. A full record of every sale and related transaction between you and POOL SPLENDOUR shall be maintained on OUR SITE for a period of 3 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter you shall be responsible for retaining your own record of the relevant sale or related transaction.

21.8. Any and all copyright subsisting in the Website, including these Terms and Conditions, vests in POOL SPLENDOUR and all rights not expressly granted are reserved.

21.9. When you visit OUR SITE or send e-mails to POOL SPLENDOUR, you consent to receiving communications from POOL SPLENDOUR electronically and agree that all agreements, notices, disclosures and other communications sent by POOL SPLENDOUR satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.

21.10. These terms are subject to the provisions of the Electronic Communications and Transactions Act no. 25 of 2002 (the Act) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, OUR SITE as continued use of OUR SITE will be deemed to constitute acceptance of the new Terms and Conditions.

Save for POOL SPLENDOUR being liable to you

  • under the Consumer Protection Act 68 of 2008 in relation to any products sold by Pool Splendour to you via OUR SITE; and
  • under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to POOL SPLENDOUR’s payment systems not being sufficiently secure;

Neither POOL SPLENDOUR nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use OUR SITE or the services or content provided from and through OUR SITE. Furthermore, POOL SPLENDOUR makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from OUR SITE are free from errors or omissions or that the service will be 100% uninterrupted.

Although the products sold via OUR SITE may be under warranty, OUR SITE itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through OUR SITE will meet your individual requirements and be compatible with your hardware and/or software.

Information, comments, ideas and opinions expressed on OUR SITE by OTHERS, should not be regarded as professional advice or the official opinion of POOL SPLENDOUR and you are encouraged to consult professional advice before taking any course of action related to information, comments, ideas or opinions expressed on OUR SITE by OTHERS.

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