All references to "the company", "we", "us" and "our" in these terms and conditions are deemed to refer to Gelmar (Pty) Ltd, registration number 1935/007335/07, a limited liability private company incorporated in the Republic of South Africa.
This website is governed by the laws of South Africa and Gelmar (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature,
20 Rustic Close
Briardene Industrial Park
Tel: 031 573 2490
Fax: 031 563 5343
All references to "you" and "your" are deemed to refer to any user and/or visitor of www.gelmar.co.za ("website").
These Terms & Conditions govern your use of this website.
Acceptance of Terms
The company permits the use of this website subject to these 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.
Use of the website
You may only use the website if you are 18 years of age or older. If you are under 18, you may use the website only with the supervision of your parent or legal guardian.
You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this website ("website"). In addition, you agree that you will not 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 company 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 display, publish, copy, print, post or otherwise use the website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised company representative.
Any person who accesses this website or relies on this website or on the information contained in this website does so at his or her own risk.
while the company takes reasonable measures to ensure that the contents of this website are accurate and complete, the company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information on this website.
All information provided on this website is provided "as is" without warranty of any kind, either expressed 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 South African Law.
The company does not accept responsibility for any errors or omissions on this website.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, the company also makes no warranty or representation, whether expressed or implied, that the information or files available on this website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Unless stipulated the shown prices exclude accessories used for display purposes and include the current VAT rate.
We reserve the right to limit quantities sold to individual customers. At the time of publication all prices on display are correct. Should the incorrect details or price be printed the correct information will be available in-store. Gelmar (Pty) Ltd reserves the right to change, amend or discontinue any product, product description or price without prior notice.
Linked THIRD-PARTY websites
This website may contain links or references to other websites ("THIRD-PARTY websites") outside of our control, including those of advertisers. These Terms and Conditions do not apply to those THIRD-PARTY websites and the company accepts no responsibility for the practices and/or privacy policies of those THIRD-PARTY websites or the “cookies” that those sites may use.
Notwithstanding the fact that this website may refer to or provide links to THIRD-PARTY websites, your use of such THIRD-PARTY websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such THIRD-PARTY websites or your reliance on any information contained thereon.
We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).
Gelmar (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined and detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
We respect and take the privacy of your personal information extremely seriously. Should you decide to make use of our website, the only personal information that we will require of you is the following;
- Your name and surname
- Your email address
- Your physical address
- Your telephone, fax or mobile number
It is your responsibility to update any of your personal information that you provided to us as soon as it is no longer accurate or complete.
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.
The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
The company will not use your personal information for any purpose (other than as stated above) without your express written consent. We will not use or disclose your personal information to third parties without your written consent, unless the use or disclosure is;
- Required in order to comply with applicable law, order of court or legal process served on the company; and/or
- Disclosure is necessary to protect and defend the rights or property of the company
We will be entitled to disclose your personal information to those of our employees and/or THIRD-PARTY service providers who assist us to interact with you via our website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or THIRD-PARTY service providers having access to your personal information are bound by appropriate and legally binding confidentiality clauses and non-use obligations in relation to your personal information.
- Treat your personal information as strictly confidential
- Take appropriate technical and organisational measures to ensure that your personal information is kept secure
- Protect your personal information against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access
- Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information
- Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request
- Upon your request, promptly return or destroy any and all of your personal information in our possession or control
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.
Due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES' UNAUTHORISED ACCESS OF YOUR DATA.
Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
YOU HEREBY INDEMNIFY THE COMPANY 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.
Governing Law and Jurisdiction
Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subjected to the exclusive jurisdiction of the South African courts.
The company hereby selects 20 Rustic Close, Briardene Industrial Park, Durban North, KZN, 4000 as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale ("domicilium"). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 (seven) days' notice in writing to the other party. 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
- 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
You consent and understand that all the designs and trademarks are registered to Gelmar (Pty) Ltd and hereby accept the terms and conditions. You undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should you be found to be in violation of this agreement, you understand that you will be held liable for all legal costs incurred by Gelmar (Pty) Ltd, for any civil action or any legal action deemed necessary against you.
If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 21 (twenty one) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover;
- Any amounts that may be due to it in terms of this agreement
- Any loss or damage suffered as a consequence of the breach or the cancellation of this agreement
You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any THIRD-PARTY.
Any failure on the part of you or the company 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 these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of all 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 legal rights against the grantee which may have arisen in the past or which might arise in the future.
Updating of these Terms and Conditions
Gelmar (Pty) Ltd may, at its sole discretion, change this agreement or any part thereof at any time without notice. You agree that the company will not be liable to you in the event that it chooses to suspend, modify or terminate this website.
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is the User’s obligation to periodically check these Terms and Conditions at the website for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
We will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and reserve the right to discontinue providing the website or any part thereof with or without prior notice to you.
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.
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
TERMS AND CONDITIONS OF SALE
Sale of Goods
These Terms and Conditions of Sale govern the sale of products ("Goods") by the company to you via the website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the website, which can be viewed at www.gelmar.co.za.
Once you tick the box labelled "I accept", these Terms and Conditions of Sale form a legally-binding agreement between you and the company. You may contact us via email at Customer Care to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions.
You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
Every effort is made to have your order ready for collection however unforeseen circumstances may cause delays. Should we be faced with such an occurrence Gelmar (Pty) Ltd will contact you via email and provide a revised collection date.
Should the product not be in stock please allow 5 - 7 (five to seven) working days plus freight transit time. This will allow for manufacturing and delivery to our store.
Purchase Against Order Products
Purchase Against Order products are products that we order from our suppliers once a customer has placed an order on us for those products. Examples of "Purchase Against Order" products are Franke sinks and mixers.
The following are terms and conditions for Purchase Against Order products;
- The customer accepts that the CORRECT ITEM has been placed on order
- Customer to take care that the correct item has been ordered. Purchase Against Order to be PAID IN FULL before order is placed on the supplier
- Purchase Against Order items are NON REFUNDABLE
- Purchase Against Order items CANNOT BE RETURNED or EXCHANGED at Gelmar Stores
Prices and Pricing
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rands (ZAR).
Prices/Pricing on the website (“www.gelmar.co.za”) is only valid for Gelmar stores. Distributors determine their own prices/pricing.
Payments can be made via Visa, Mastercard.
Card acquiring and security
Card transactions will be acquired for Gelmar (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO Paygate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details and Card details
Customer details will be stored by Gelmar (Pty) Ltd separately from the card details which are entered by the client on DPO PayGate's secure website. For more details on DPO PayGate refer to www.paygate.co.za.
Gelmar (Pty) Ltd takes responsibility for all aspects relating to the transaction including sales of goods and services sold on this website.
Gelmar (Pty) Ltd is committed to providing secure online services. All encryption complies with international standards. 128-bit Secure Socket Layer (SSL) encryption is used to protect the transmission of personal information when completing online transactions.
The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring that nobody can obtain confidential information.
Cancellations and Returns
The provision of goods and services by Gelmar (Pty) Ltd is subject to availability. In cases of unavailability, Gelmar (Pty) Ltd will refund the client, in full, within 30 days.
We would like you to be completely satisfied with the purchase you made at Gelmar (Pty) Ltd. You are entitled to cancel your order and may return any goods you have purchased within 21 (twenty-one) days, provided the items returned are unused, in its original packaging and in a saleable condition. Please retain your till slip as proof of purchase. Refunds are only done where a valid till slip is available and will be processed the same as the original method of payment. To protect you the customer and Gelmar (Pty) Ltd, we will need to record your personal details, reason for return, as well as to assist with customer satisfaction surveys. Should the goods you purchase be defective, they can be returned up to one year after purchase, unless another guarantee is in place.
If you would like to return an online purchase, you may either return the items, in an unused condition and in their original sealed packaging, to your nearest Gelmar store or to the Gelmar head office (address stated above). You may be liable for the direct costs of returned items, should you decide to use alternate methods of return, i.e. via courier services.
All returned products will be subject to inspection to ensure a suitable refund.
The following items will not be accepted for return;
- Cut to size items that have been made to suit your needs
- Specially ordered items
- Misused and/or purposely damaged items
Deliveries and Collections
Subject to availability and receipt of payment, requests will be processed within 5 - 7 days and confirmed by way of Email and/or SMS notification. Once an online order has been placed, it is final and cannot be changed in any way.
If you use the "Click and Collect" option during checkout, you may contact your selected store should you want to send your own courier service to collect, once payment has been approved and cleared.
Description of goods and/or services
Gelmar is a business in the retail and wholesale industry and we pride ourselves on supplying our trade and retail customers with a wide variety of products. Although we specialize in handles and furniture fittings, there are multiple other items that you will find under our roof.