Website Terms & Conditions

 

Overview

This website www.reo.co.za is operated by Reo Group (Pty) Ltd. These Terms and Conditions govern your use of the website located at the domain name www.reo.co.za. These Terms & Conditions to be read in conjunction with the REO Group (Pty) Ltd Terms & Conditions, our Privacy Policy and our Returns Policy & Product Warranties .By accessing and using this website,  you agree to be bound by the Terms and Conditions set out in this legal notice. You may not access, display, use, download, and/or otherwise copy or distribute any content obtained on this website for marketing and other purposes without the consent of www.reo.co.za

In its operation of the website www.reo.co.za offers products for sale in its own right and on behalf of third party sellers. When you place an order with www.reo.co.za, the products may be supplied to you by us or by a third party seller and the legal relationship of ‘buyer’ and ‘seller’ will be between you and the respective supplier. Where the products are supplied by a third party, they have agreed to be bound by these terms and conditions of sale and any reference to ‘we’ ‘our’ or ‘us’ applies to that supplier.

In any event, these Terms and Conditions govern the supply of any product ordered by you on the website. By ordering a product, you agree to be legally bound by these Terms and Conditions.

Interpretation:

“Account” means the account that you will need to register in order to submit an Order

Acknowledgement” means our confirmation of your Order (typically sent by email)

“Business Day” means any day other than a Saturday, Sunday, or public holiday in South Africa

Customer” means individual who places an Order on the Site

“Delivery Form” means anything that requires your signature to prove that you have received the goods. This can be a Tax Invoice, Delivery Note or a Waybill.

“Order” means the order submitted by you on the website to purchase a Product

“Product(s)” means the supplier’s products to be sold to Customers via the website in accordance with this agreement

“You” means the Customer who places an Order on the Site

“We” means www.reo.co.za (REO Group (Pty) Ltd)

“Website” and/or “Site” means www.reo.co.za and pages directly linked thereto.

 

Errors, accuracy, completeness and timelessness of information.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, lead times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

 

Disclaimer of warranty; limitations of liability

In no case shall REO, our directors, employees or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

 

Indemnification

You agree to indemnify, defend and hold harmless REO and our directors, employees and suppliers from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or your violation of any law or the rights of a third-party.

 

Intellectual Property Rights

All the content, trademarks and data on this web site, including but not limited to, photos, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to REO and as such are protected from infringement by local and international legislation and treaties.

 

Payment 

Payment on this website is operated by PayFast – a secure, third party online payment service. PayFast is a South African payment gateway that accepts both Visa and Master Card credit cards nationally. PayFast use Extended Validation SSL with 256-bit encryption. For more details you can visit the Payfast website.

 

Delivery

For items that are in stock, we aim to deliver regular parcels to central areas in South Africa within 3-5 business days, to outlying areas within South Africa within 5-7 business days and special freight items within 12-20 business days from the date your payment has been received. For those products that are made to order, or are not currently in stock, please contact us for estimated availability date for each product.

We will notify you if we are unable to meet our estimated delivery timeframe, but we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

Items will be delivered to the address you provided while placing an order. For special freight items the courier might contact you directly to agree on an appropriate delivery time.

If, for any reason, the courier cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the product(s) directly from a courier depot if possible (in case of regular parcels) or to re-arrange the delivery (in case of special freight). In these situations, www.reo.co.za reserves the right to charge you for any additional costs incurred (e.g. delivery and storage) or to cancel the sale contract, in which case, we will fully refund you the net amount (i.e. the amount you paid minus delivery costs or storage costs). Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage). 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 this 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.

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

If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the courier.

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 courier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

Charge you for our reasonable storage fee and other costs reasonably incurred by us; or

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 credit or debit card company as applicable any money already paid to us under the applicable Contract, less our 15 % administration charges (including for attempting to deliver and then returning the product, and any storage fees).

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.

 

Governing law and jurisdiction

This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and you and www.reo.co.za submit to the non-exclusive jurisdiction of the South African courts.

 

Force majeure

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.

Either you or we 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 ten Business Days or more, in which event neither you nor we 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).

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.

 

Changes to this Policy 

We reserve the right to change the terms of this policy or any part thereof at any time without notice.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

REO Group (Pty) Ltd Terms & Conditions

 

The terms of payment are cash on delivery, unless an account on credit is granted by REO Group (Pty) Ltd(“the Company”). In the event that an account on credit is granted by the Company, the terms of payment are strictly 30 days from the date of the Company’s statement of account unless otherwise agreed in writing by the Company.

In the event of the Purchaser defaulting on payment of any amount that has become due, owing and payable, the full balance outstanding (whether due or not) will immediately become due and payable to the Company without notice to the Purchaser.

The Purchaser may not withhold or defer payment for any reason whatsoever, including but not limited to retention or any claim, of whatever nature that the Purchaser may have against the Company.

If the Purchaser should fail to object to any items appearing on the Company’s statement of account within 10 (ten) days of date of dispatch of the statement of account, the account shall be deemed to be in order and correct in all respects.

The Purchaser is to notify the Company, in writing, within 7 (seven) days of any change of ownership of the Purchaser. The Purchaser acknowledges that immediately upon any change of ownership of the Purchaser any outstanding amount, whether due or not, shall be deemed to be immediately payable by the Purchaser to the Company.

Until such time as the Purchaser has paid the purchase price in full in respect of any purchase of goods, the ownership of all such goods shall remain with the Company. Subject to any applicable law, the Company shall in its sole discretion without notice to the Purchaser be entitled to take possession of any such goods which have not been paid for and in respect of which payment is overdue in which event the Purchaser shall be entitled to a credit in respect of the goods so returned being the price at which the goods are sold or the value thereof as determined by the Company.

The performance and lifespan of goods sold by the Company, which is indicated on the Company’s packaging from time to time, is an approximate estimate only and the warranty period relating to such goods shall be the applicable period for the purpose of any claim by the Purchaser.

Subject to any applicable law, the Company’s liability in respect of any claim based on defective goods shall be limited to repairing or replacing such defective goods, at the discretion of the Company, during any applicable warranty period, provided that such defective goods are returned to the Company, in their original state and at the Purchaser’s cost, within the applicable warranty period.

In circumstances where the goods are not manufactured by The Company, The Company’s liability shall in no circumstances extend beyond any corresponding liability of the manufacturer or supplier of such goods to the Company.

The Company warrants that the goods will be free from defects in material and workmanship for a period of 1 year.
The Company will not issue a warranty letter and will withhold product warranties on all products delivered to The Purchaser where any
portion of payment by the Purchaser is outstanding. All product warranties will be forfeited and the account will be closed where any outstanding balance exceeds 90 days.
All warranty claims are subject to review and acceptance by The Company.
Any goods failing within the provisions of the said warranty shall either be repaired or replaced at the discretion of The Company
The Company shall not be responsible for any de-installation or re-installation costs of goods repaired or replaced falling
within the provisions of the said warranty.
All warranty claims are limited to the repair or the replacement of the products only and do not include any labour or
transportation charges.
There is no warranty offered on lamps other than the lamp manufacturer’s warranty.
In addition a Product warranty is voided where:
• Products are exposed to water outside their IP rating
• If any work is attempted on products by The Purchaser or any other party.
• Where the product is exposed to voltage spikes exceeding the specification of the product, 220/240V +-10% either way.
• Where installation is not performed correctly or not done so by a qualified electrician.
• Where the product is used in a manner or for purpose for which it was not designed.
• Where a product is used outside of the electrical specification of the product.

Subject to the below and unless otherwise specified in the quotation, all quotations will remain valid for a period of 7 days from date of the quotation.

All quotations are subject to: (a) the availability of stock; (b) the correction of good faith errors; (c) any increase in cost of materials and / or labour including but not limited to increases due to currency fluctuations, cost of transport, insurance, taxes and / or any other increase occasioned to the Company.

In the event of a dispute regarding increases to prices quoted, the Company’s auditors shall provide a certificate relating to the extent of the increase (if any) and such certificate shall be binding upon the Purchaser.

Subject to any applicable law, in the event of any order being given to the Company on an order form reflecting the Purchaser’s name as the entity from which the order arises, such order shall be deemed to have emanated from the Purchaser, despite the fact that such order may have been given or signed by a person not authorised by the Purchaser and such order will be deemed to constitute a valid order.

Signature by the Purchaser or by any representative of the Purchaser on the Company’s delivery note shall be regarded as acceptance by the Purchaser that the goods reflected in such delivery note have been properly and completely delivered.

Non-stock items will have a manufacturing lead time of 20-30 working days on top of the standard delivery lead time as above.

Lead times on custom items will be communicated per request request during the design & quotation phase.

The Company will not be responsible for delays in delivery.

The Company is entitled to make deliveries in parts or instalments.

The Purchaser shall not be released from his order by reason of any delay.

The cost of delivery is for The Purchasers account unless otherwise agreed upon.

Delivery of goods will be to site unless otherwise agreed.The Purchaser shall be responsible for all costs and labour associated with the moving / hoisting of goods into position.

The Purchaser indicating/writing “unchecked” on a delivery note will mean The Purchaser failed to check the contents and in no way shall REO Group (Pty) Ltd be held responsible for any shortages or damages to any delivery not checked by The Purchaser.

The Company shall at any time be entitled to cede all or any of its rights against the Purchaser to any third party without notice to the Purchaser.

The Purchaser acknowledges that no terms at variance with these terms which have been sought to be introduced by the Purchaser at any time shall be of any force or effect unless the Company has, in writing, expressly and unambiguously agreed that the terms so sought to be introduced by the Purchaser shall apply. Without limiting this, the Company shall not be regarded as having so expressly agreed to such terms by virtue of the Company having agreed to execute an order in which inconsistent terms have been introduced by the Purchaser and despite the fact that the Company has not rejected such inconsistent terms.

The risk in and to the goods shall pass from the Company to the Purchaser on the date:

of delivery of the goods to the Purchaser or to its nominee; or

when the correct goods are tendered for delivery by the Company and the Purchaser has refused or failed to accept such delivery for any reason whatsoever. In this regard, in addition to the risk in and to the goods passing to the Purchaser from the date of refusal / failure of acceptance of the goods, the Purchaser shall also be fully liable for all and any expenses incurred by the Company, in cluding but not limited to storage costs and delivery charges.

Notwithstanding that the risk in and to the goods shall pass to the Purchaser in the circumstances set out above, ownership of the goods shall not pass to the Purchaser until such time as full payment of the purchase price has been made to the Company.

Any condonation of any breach of any of these terms and conditions or other act or relaxation, indulgence or grace on the part of the Company shall not operate as or be deemed to be a waiver by the Company of any of its rights or be construed as a novation of the agreement between the Purchaser and the Company.

Should the Purchaser at any time be wound up, whether provisionally or finally, (which liquidation or sequestration, whether provisional or not, shall be deemed to be a material breach by the Purchaser) or should steps be taken to place the Purchaser in business rescue or in the event of the Purchaser being an individual or partnership and having his/its estate sequestrated, whether provisionally or finally, any goods delivered by the Company to the Purchaser and in respect of which payment has not been made at the date of the winding up or sequestration (whether payment in respect thereof be due or not) shall immediately be returned to and recoverable by the Company, wherever such goods may be found.

Subject to any applicable law, the Purchaser acknowledges that it will indemnify and hold the Company harmless against any liability in respect of the goods, including under the Occupational Health and Safety Act 85 of 1993 and the Mine Health and Safety Act 29 of 1996. Subject to any applicable law, specific reference to sections 10 and 21 of the respective legislation as it applies to product liability, is disclaimed by the Company.

The Purchaser shall be obliged to and warrants that it will ensure that a qualified technician and/or electrician installs all goods purchased from the Company which require installation by such qualified persons. Should the Purchaser fail to comply with such obligation, the Purchaser indemnifies the Company from any liability arising from the purchase of the goods.

In circumstances where the Purchaser wishes to return non-defective goods to the Company for credit, the Company may, in its sole and absolute discretion (subject to applicable law), agree to the return of such goods subject to the goods being new, unused, in their original packaging and in a saleable condition. The Purchaser shall be obliged to furnish adequate written proof of having purchased the goods from the Company.

Subject to applicable law, the Company shall be entitled to a minimum 20% handling fee for any goods which are returned for credit.

Notwithstanding the prevailing price of goods at the time that they are returned to the Company, the price reflected on the Purchaser’s proof of purchase shall be the price credited by the Company to the Purchaser for the return of the goods, less the handling fee.

The Purchaser acknowledges that it does not rely in any manner on any representations and/or advice of the Company in its decision to purchase particular goods from the Company.

These terms and conditions are in addition to and not in substitution for any signed trading terms and conditions entered into between the Purchaser and the Company.

These terms and conditions, despite the manner in which they have been grouped together or linked grammatically, are severable from each other. Any term or condition which is or becomes unenforceable in any jurisdiction in which it applies or in which its enforcement is sought, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, only to the extent that it is so unenforceable, be treated as pro non scripto (as if it had not been written) and the remaining terms and conditions shall remain of full force and effect.