The disclaimers, policies and terms and conditions on this page (hereinafter referred to as ‘Terms’ and/or ‘Conditions’) shall govern the order, sale and/or delivery of goods or services from VA Design as well as the use of this website by any customer or person (hereinafter referred to as ‘you’, ‘your’,‘ user’, ‘customer’)
The Terms apply to all users/customers/visitors of our website.
If you access and use this website, you accept and agree to be bound by and comply with the Terms and Conditions. If you do not agree to the Terms and Conditions contained herein, you are not authorised to access our website, use any of our website’s services or place an order on our website.
WAIVER Any failure on our part to exercise or enforce any right or provision of any of our terms and conditions set out will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
SEVERABILITY If any of the provisions of our terms or condition are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
VARIATION
VA Design may, at its sole discretion, change or amend any of these terms, conditions or policies without notification and it is the user’s responsibility to ensure that he or she is satisfied with the terms and any amendments that may have been affected.
Using the website after any amendments have been made shall deem your acceptance of such changes. Should you not agree with any of the terms or amendments made you should not proceed to transact with us either in-store or on through this website
ERRORS. OMISSIONS AND PRODUCT DESCRIPTIONS
While all reasonable effort is made to provide accurate information about products (including pricing, availability, features and descriptions), we do not accept liability and shall not be held liable for any loss or claim as a result of such error or inaccuracy. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice, including after an order has been submitted in which case, where the correction is significant, we will take all reasonable effort to inform affected customers
Product descriptions are for marketing purposes only and are presented in a simple easy-to-understand format. Product descriptions on this website are by no means exhaustive technical information sheets. Some terms may be used in a broad sense or for specific purposes only
Colour Descriptions: Descriptions and depictions of colour may not be 100% accurate. Although our photographers and graphic designers do their best to portray items as accurate as possible, various factors may influence the colour displayed on the screen including monitor and screen calibration.
Natural timber colours vary in the same species.
PRICING AND STOCK
All prices advertised on our website includes VAT of 15%.
Prices published on the website apply to in-stock products only. In the event where a specific product may be sold out, and a customer places an order or enquiry before a price, specification or promotion could be updated, we will first inform the customer of any changes before processing the order. Should this not be accepted by the customer we reserve the right to cancel the order or any part thereof.
While the vast majority of items listed on this website are in-stock, there may be occasions where items are temporarily out of stock, or where a waiting period applies due to a product having to be custom made.
DELIVERY AND INSPECTION OF GOODS
Prices advertised on this website exclude delivery.
No orders shall be dispatched until payment has cleared in our account.
Depending on the size of the order and the exact delivery location, our standard delivery period is either 3-5 days, 5-10 days or 10 days and longer from the date of payment. Longer delivery periods may be applicable for orders placed during or leading up to the festive season 15 November (15 to 31 December), such delivery timelines to be published the website during this time.
Deliveries shall be done on weekdays during the courier/transporter’s standard daytime service hours. After hour deliveries shall be subject to surcharges. Deliveries to outlying areas such as farms or small towns may take longer and may also be subject to additional charges. In the event where goods have arrangements and/or attempts are proven to be unsuccessful due to customers not responding or cooperating, goods will be returned to our warehouse and customer may be held liable for the return costs incurred.
It shall be the customer’s responsibility to properly inspect delivered goods.
Customers should ensure that the correct number of items as indicated on the waybill is received before signing the waybill. The number of items may not correspond to the number of items you have purchased as more than one item may be packaged in a single carton. The number of items as indicated on the waybill should be verified by the customer or his representative. Customers should never sign as having received more packages as what was actually delivered as this could jeopardise claims of liability against the courier and may result in the loss being for the customer’s own account.
Delivery is only guaranteed to be delivered to the delivery address supplied by the customer. Verification of the identity of the person receiving goods cannot be done. Individuals accepting the goods at the delivery address on the date of delivery shall be considered authorised by the customer to receive delivery on their behalf, and shall also be responsible to perform the duties of checking for damages or shortages as per clauses 7.4 and 7.6 above.
Any discrepancies, damages or shortages on any delivery must be reported to us within 48 hours from time of delivery by submitting this claim using our online Customer Care form (link located at the bottom of the VA Design.co.za homepage). If the report was successfully submitted, an automated message shall be sent to the customer who shall serve as proof of submission.
Unless otherwise specified, delivery of orders shall be handled by contracted third-party delivery service providers. Delivery shall be made strictly on a ‘door-to-door’ basis. Delivery shall not include installation of products, or any other special service required by the customer. Should the delivery service provider or any of his employees agree to any of these or other services other than delivering a packaged product to- door, this shall be strictly at the risk and cost of the customer and Van Acht does not take any responsibility for any damages, losses or other claim resulting from these additional services.
RETURN POLICY
Once an order has been placed with VA Design through the website, confirmed by VA Design and been sent by the manufacturer to the client, the client will not be able to return the goods ordered, unless they have are damaged in delivery process
It is the customer’s obligation to ensure that the correct product for its specific application has been order and that both the quantities and the specific sizing are correct.
VA Design warrants that when the goods have been dispatched from the manufacturer they are in good order. Should goods be received in damaged a condition notes need to be made on the weigh bills, and VA Design needs to be notified within 24 hours of receiving the delivery. Damaged goods will then be replaced free of charge.
Should VA Design not be notified with in the 24 hours of delivery any further claims will be null and void.
Transport charges for products returned for refund under manufactures warranty shall be borne by the manufacturer if product has failed due to factory defaults.
Any products that need to be returned as a result of manufacturers defaults must be ready for collection by our transporters no later than three days after the initial delivery otherwise should goods not be ready for collection by this time, the item shall no longer be accepted for refund.
Items returned without original packaging materials may be subject to the deduction of reasonable surcharges of up to 15% of the purchase price.
Products returned must be adequately packaged in the original packaging and be in as-new condition. Where original packaging was discarded, it shall be the customer’s responsibility to ensure the item is packaged adequately to avoid damage in transit. Our contracted third-party couriers do not offer packaging services and may refuse to accept products without adequate packaging. In the event where our transporters collect an item not packaged properly, or where they assisted the client with packaging, this shall be done at the customer’s own risk.
Refunds may take up to 7 (seven) days from date of receipt of returned goods, subject to the return meeting the criteria for a refund. Where Van Acht has determined deductions or surcharges to be deducted from the refund, such amounts shall be communicated to the customer and only after agreement on the final refund amount has been reached will refunds be processed for payment.
GUARANTEES
If, within one year of purchase any of VA Design products have proven to be defective by reason of faulty workmanship or materials, VA Design undertakes, to have the defective product (or any part thereof) repaired, or at their discretion replaced free of charge, subject to the following terms and conditions:
The product shall have been used exclusively for its designed purpose, and used and maintained and handled in accordance with the installation procedures and handling recommendations as detailed on our website and with the pamphlet that is accompanied with the delivery.
The purchaser must produce proof of purchase from VA Design when requesting a product service under this guarantee.
laim will not be considered if the agreed payment conditions were not adhered to.
er replacement or repair of the product, the guarantee for the new or repaired product shall be valid only for the unexpired period of the original guarantee period.
tial damages resulting from any defect in the product are expressly excluded from this guarantee.
The Guarantee shall not apply to malfunction or damage resulting from accidents that occur during transit and / or handling, product misuse, improper use, abuse, neglect or negligence by the purchaser or anybody else, use inconsistent with the technical and/or safety standards, malfunction or damage due to unforeseen accidents, wear and tear, or any other external factors beyond VA Design control, or to any product installed, repaired, adjusted, rebuilt, modified, changed or converted by any person (including the purchaser) other than VA Design.
Due to excessive heat build-up, any timber door panels that are painted black will not be covered by this guarantee.
If, at any time during the Guarantee Period, any part of the product is replaced with a part not supplied or approved by VA Design, or the product has been dismantled or repaired by a person not authorized by VA Design, the purchaser shall not be entitled to any rights and/ or remedies under this guarantee.
The purchaser’s sole and exclusive remedy under this guarantee against VA Design is for the repair (or at VA Design discretion the replacement) of the product or any part/s and no other remedy, including, but not limited to, incidental or consequential damage or loss of whatsoever nature, shall be available to the purchaser. In no case shall VA Design liability exceed the invoiced price for the product.
VA Design decision on all matters relating to complaints shall be final and binding on the Purchaser.
VA Design does not make any representations or guaranties, express or implied, with respect to the products, including without limitation any implied warranties of fitness for a particular purpose, except as expressly set forth herein. In no event shall VA Design be liable to the user for any lost profits or for special damages, indirect loss or any other damage.
This warranty only covers products within the borders of South Africa. Any product taken outside of South Africa must be returned to South Africa at the customer’s cost in the event of any warranty claims.
IMAGES AND CONTENT All graphical images including product photos, logos, banners, sound or video clips trademarks and trade names, lay-outs, icons or copy text displayed or incorporated in this website is the property of VA Design or the brands, associates, suppliers or service providers it represents and is protected by law. Any unauthorised use, reproduction or distribution thereof is strictly prohibited and may only be done with the express written consent of VA Design
GOVERNING LAW Any disputes arising out of or relating to the Terms and Conditions, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Republic of South Africa without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the terms or your access to or use of our website must be brought before the courts of the South Africa in the city of Pretoria and you irrevocably consent to the exclusive jurisdiction and venue of such courts our actions as they relate to the collection, use and disclosure of Personal Information.
COUNTRY OF DOMICILE This website is governed by the laws of South Africa and VA Design chooses its domicile citandi etexecutandi for all purposes under this agreement whether in respect of court process, notice, or other documents or communication of whatsoever nature, 12 Van Riebeeck Ave, Centurion, Pretoria. Any disputes, actions or proceedings relating to the terms or your access to or use of our website must be brought before the courts of the South Africa in the city of Port Elizabeth and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
COMPANY INFORMATION & CONTACT DETAILS This website is owned and operated by VA Design CC. 13 Boschkop Avenue Boskruin, Randburg, Johannesburg, South Africa
