Terms and Conditions of Sales
- These Terms and Conditions of Sales (hereinafter "Terms and Conditions of Sales") apply, without limitation, to all products Keter offers for sale by its online store on the following website "www.keter.com" (hereinafter referred to as the "Website").
- Keter Plastic Ltd. owns and operates the Website located at www.keter.com. Keter and its affiliates, and their respective officers, directors, employees, shareholders, agents, successors, assigns, and vendors, retail partners and any other party involved in the creation, operation, production or transmission of this Website shall be referred to herein as "Keter".
- Keter reserves the right, at its discretion, to change, add, modify, revise or remove portions of these Terms and Conditions of Sales at any time. You should periodically check the Website for changes to these Terms and Conditions of Sales. Your continued order on the Website following the posting of changes to the Terms and Conditions of Sales means full acceptance of these changes.
IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS OF SALES, YOU MAY NOT ACCESS OR USE THE WEBSITE.
- Before checkout, You will be able to read these Terms and Conditions of Sales and shall expressly accept them by checking the box provided for this purpose.
- To enable You to learn about products offered for sale on the Website (“Product” or “Products") before ordering, the Website has the essential characteristics of the Products and describes, in particular, the specifications and useful indications of size, capacity and/or function of the Products. The selection and order of a Product placed by you is made under Your sole responsibility.
- Images and graphics displayed on the Website are for illustration of the proposed Products and have no contractual value. You are requested to read the description of each Product, in order to view its essential characteristics.
- The Products offered on the Website will be sent to You within the limits of available stocks, according to information provided during the order confirmation.
- If a product is out of stock, the Website will offer You other products of similar quality and quantity. In the event of destruction or damaged Product before delivery the Website will offer You the delivery of other products of similar quality and quantity, or a full refund of the order.
- The sale will be considered final after the Website will send You a confirmation of acceptance of the order by e-mail to the address indicated by You after receipt of the full price.
- You may order directly through the Website. The prices indicated on the Website are inclusive of shipping costs unless indicated otherwise on the purchase form. Prices are reviewed on a regular and frequent basis and any changes will be listed against each product on the Website. We reserve the right to change or amend pricing without prior notice. All goods must be paid in full before we will dispatch the goods
- The price indicated in the confirmation of Your order is the final price. The payment itself will not be considered final until after actual receipt of funds by the Website.
In a first order, You must register on the Website by entering a valid email address and creating a personal account.
- Your identification in the registration of Your account and order must contain at least the following information:
- The colors of the products may vary slightly from images displayed on the website.
• You must identify yourself or use Your account number, or provide all information usually required for online registration;
• You must clearly identify the Products selected with the references given on the Website for these Products, references including options of colors, sizes, etc. when applicable;
• You must specify the required quantity;
• You must specify the information required for delivery. This concerns in particular the exact delivery address as well as any access to the place of delivery restrictions;
• You must specify the chosen method of payment.
- It is clarified that a prerequisite for the purchase would be an approval of Your credit card authorization for the transaction and/or Electronic funds transfer (EFT). Keter reserves the right to cancel the purchase prior to the date of the credit card approval.
- Card transactions will be acquired via PayFast (Pty) Ltd. PayFast uses Extended Validation SSL with 256-bit encryption and 3D Secure which is an extra layer of security in using your credit card for online transactions. For more detail on PayFast refer to www.payfast.co.za
- You must log in again using Your personal account for each order on the Website. Once your order is placed, the Website will confirm the acceptance of Your order by sending to the e-mail address that You provided, a confirmation email acknowledging Your order, and providing You with the applicable contact details as provided to us, Your reference order number and estimated delivery date. In most cases, You will be contacted prior to that estimated delivery date to notify You the day in which Your delivery will be made
- You will have the opportunity to follow the progress of Your order by logging on to the Website through Your account. In the event of delivery to a different address than the billing address, the bill is available in the online tracking of Your orders account and is not attached to the package.
- The Website reserves the right to cancel any sale if it turns out that an exceptional human error or technical errors were made during the presentation of a Product and/or price, payment terms etc. In such case, an appropriate message will be sent to the email address provided by You upon registration. The Website shall not be liable for error notice of Your e-mail address if the e-mail address provided by You was incorrect or in the event of a technical failure.
- The Website reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order. You agree to provide accurate information and to check before ordering.
- You are responsible for the accuracy and completeness of Your account information and Your order to ensure proper handling. In particular, Your address and the delivery address of the order is under Your responsibility. The Website cannot warrant the consequences or be held responsible for possible additional shipping or delivery costs for incurred by the Website following errors on the information provided by You and You will be charged in particular the cost of returning the order.
- Every order validated by You constitutes an irrevocable acceptance of these Terms and Conditions of the Sale which cannot be challenged within the limits provided for in these Terms and Conditions of Sales under the right of return referred to in Section 36 below, or if Products are out of stock.
- Stocks of all goods on offer are limited. The Website shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, the Website shall only be liable to refund where unable to fulfill orders. The Website is unable to guarantee permanent availability of all items at all times. Should a certain style/color be out of stock, You will be advised and offered advice on alternative styles and colors.
- It is expressly agreed that, absent manifest error on the part of the Website which You would bring as evidence, the data stored in the information system have probative value as to orders placed by You.
- Discounts and gifts: a single discount (eg code) is granted per order. In the event of a computer problem resulting in the duplication of discounts or gifts, the order will be blocked until adjusted or until cancellation of the order.Gifts are offered depending on the product purchased. These gifts are listed on the pages of the Products or personalized offers sent to You.
Discounts, promotional codes, gifts or vouchers are valid within the dates of expiry as mentioned on the Website or on personalized offer sent to You, either in the email accompanying the description of the special offer, and within the limits of available in stock.
If You are entitled to gifts You must ensure that they appear properly in Your order. If this is not the case, You should contact the customer service on the Website.
You cannot claim for any compensation for the reduction or if You refuse gifts offered to You. Gifts are not guaranteed, returned or exchanged.
- Payment of the price and terms of payment: You will be informed by e-mail of the receipt by the Website of the Products ordered. Keter cannot be held responsible for damages related to an error in the amounts charged, these prejudices are rooted in a failure or a technical problem related to the Internet, in the act of a third party or the bank, or any reason whatsoever.
- Delivery: After order confirmation and receipt of payment, the Website will prepare and deliver all Products ordered by You. Products will be delivered within a maximum of 10 working days after full payment received by the Website, unless longer period specifically stated on the website when ordering days. When ordering multiple Products with different delivery times, all Products will be delivered within the time limit applicable to the delivery of the Product which takes longer to deliver. Therefore, in case of unavailability of Products ordered at the time of the order, the Website will inform You of the estimated time of delivery of the entire order. In case of unavailability to deliver within this time scale then the Website will only proceed with Your order if You agree to the longer delivery period following contact with you. The Website is unable to notify you of specific delivery time slots. If You miss the delivery of Your order, You may incur a re-delivery charge as the Website would have met original delivery obligation with the first attempted delivery
- Delivery terms mentioned above apply only to the products shipped by the Website within the borders of South Africa, and prices for all items are inclusive of delivery to anywhere in South Africa unless otherwise stated.
- In case of return of Products because of an incorrect address provided by You, the Website will contact You to inform You of the situation and request disclosure of exact coordinates necessary for the proper receipt of the order. You will have the option to either bear the cost of re-delivery charge, or to be reimbursed for the full price paid, net of delivery costs.
- The Website undertakes to use its best efforts to deliver Products ordered by You within the time specified above. These periods are provided for information only and any overrun will not give rise to any claim of damages, withholding or cancellation of the order by You. However, if the Product ordered has not been delivered within 10 days from the indicative delivery period, for any reason other than force majeure, the order may be canceled by Your written request or by the Website. The sums paid by You will be refunded in full, excluding any compensation.
- The following are considered “force majeure” events releasing the Website from its obligation to deliver: war, riot, fire, strikes, accidents, extraordinary weather conditions. Products always travel at the risk of the recipient, even when the order is sent to another recipient.
- The delivery is made upon delivery of the Products ordered by the carrier to You. Possible delays do not entitle You to claim damages.
- In case of defects, You have the right to return the Product in accordance with these Terms and Conditions of Sales.
- Upon receipt of the order, You are obliged to check the quality and quantity of the Products delivered are in accordance with the order before signing for it. You shall have a period of 24 hours after delivery to make a claim in the event of missing Products or defects in the Products delivered. After this period, the Products will be deemed compliant and free from defect. In this case, You cannot apply for a refund of the Product and delivery. In case of default on one or more Products delivered, You will have the opportunity to either receive free of charge the same Product to the address you originally indicated, but if out of stock, order another Product of equal quality and/or value, or request a refund of the entire order and delivery charges.Such incidents will be considered on a case by case basis.
- Transfer of Ownership - Transfer of Risk -The transfer of ownership of the Products to You, will be made only after full payment by You, and regardless of the date of delivery of such Products. However, the transfer of risk of loss and damage to the Products will be made upon delivery of the Products to the carrier.
36. Right of return – You are entitled to a refund period in accordance with the applicable law. In this case, You agree to contact the customer service of the Website prior to the expiration of the refund period sending a message from the Website, stating the purpose of the application. If You ordered several Products and wish to return only part of the Products ordered, You must expressly indicate the references of Products concerned in Your message. You must send the Products You wish to exchange or refund to an address indicated in the customer service section of the Website. Any exchange or refund will be accepted by the Website subject to compliance with all of the following conditions:
If goods have already been delivered to You, then they must be returned before a refund can be processed. The returned Product must be attached to the package, the Product must be returned in its original undamaged packaging by post, within 8 days after the award of the number of return, at Your sole expense. Products must be in a condition suitable for resale. Open products, damaged, incomplete or used, and not with their original accessories will not be accepted for return. If the product or packaging is in such a condition that the item is not fully re-saleable, the Website may withhold up to 20% of the purchase price of returned goods. The Website cannot refund or exchange self-assembly items if they have been assembled, unless faulty. Also, if You have tampered with the goods in any way, then a demand for a refund or replacement can be denied.
Knowing that the Website cannot be held responsible for loss when returning Products, it is recommended that You return the Products by registered mail with acknowledgment of receipt package.
- The Website is responsible for the exchange of Products or reimburse the sums paid by You at no additional cost borne by You, except for Your shipping costs for the return of the Product. The refund will be made within a maximum period of 30 days from receipt of the exercise of the right of refund notification.
- The provision of goods and services is subject to availability. In cases of unavailability, the Website will refund the sums paid by You in full within 30 days. Refunds are subject to exclusion of specials, coupons and discounts.
- Cancellation of order before shipping or before receipt by You -
Before shipping the Product or before receipt by You, You may cancel the order. Please note the following:
- The order has not been shipped: cancellation is then immediately taken into account by the Website without further proceedings.
• The order has already been fully or partially dispatched. The Website takes into account the cancellation of the Products not shipped. Products shipped to You can be refused cancellation if the order already dispatched.
• You must contact customer service of the Website to notify of the cancellation by e-mail at the following address: firstname.lastname@example.org The Website will send a confirmation in writing to You by e-mail, to avoid cancellation by a person other than You.
• In the event of cancellation after shipment charged to the Website, then the Website reserves the right to charge You for its management fees and cancellation.
• Participation in shipping is Your responsibility. In the case of a partial cancellation, no refund of participation in shipping can be claimed, this participation is fixed for the entire order.
• If the order is canceled in its entirety and no package has been shipped, participation in shipping will be fully refunded to You.
• The reimbursement made no later than 30 days after the exercise of the right of return if the order has not been shipped and no later than 30 days after the return of the package at our warehouse if the order shipped.
• In the event of a cancellation after shipment and before receipt by You, and if You wish to obtain a credit for use on the Website, participation in shipping will then be included in the amount of the credit. However, this form of voucher will have a time limit of use. If You will not place an order during this period, You may request a refund.
The Website will not be held responsible or fails for any delay or failure to perform due to the occurrence of an event of force majeure.
The Website cannot be held liable for damages of any kind, whether tangible or intangible property, which could result from a malfunction or improper use of Products sold. The responsibility of the Website, in any event, will not exceed the amount of the order and cannot be liable for simple errors or omissions that may occur despite all the precautions taken in the presentation of Products.
The Website cannot be held liable for any kindof typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. The Website reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after You have submitted Your order). The Website cannot screen or edit all the content available and do not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform the Website of any content that may be offensive or illegal. Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of the Website and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
- If any provision of these Terms and Conditions of Sales is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Sales, which shall remain in full force and effect. These Terms and Conditions of Sales and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Keter without restriction. You agree that regardless of any law providing to the contrary, any claim or cause of action arising out of or related to the Website and/or Keter services must validly commence up to one (1) year after the cause of action arose, otherwise it will be permanently barred. Section titles in these Terms and Conditions of Sales are for convenience only and shall not affect the interpretation or construction of these Terms and Conditions of Sales.
- By using or communicating with the Website by electronic means, You consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
- Contact Information: For any questions concerning the Website or the Terms and Conditions of Sale of Products, You may contact the customer service of the Website by e-mail at the following address: email@example.com.
- These Terms and Conditions of Sale and any claim or dispute arising out of or relating thereof, shall be governed by and construed in accordance with the laws of Israel without reference to its conflict of laws principles. You agree that all dispute and differences shall be determined in a court of competent jurisdiction of the State of Israel and you hereby consent and submit to exclusive venue and personal jurisdiction therein.
These Terms and Conditions of Sales were last updated on November __, 2013.
Please feel free to contact us in any case of inquiries or questions.