Terms and Conditions

Website

Terms and Conditions of Use

1. INTRODUCTION

  1. Welcome to the Caidan Lighting website at caidanlighting.co.za (“the Website”).
  2. The purpose of the Website is to provide you with information and details of the lighting and related products, as offered by Caidan Lighting Proprietary Limited (“we” or “our”).
  3. The Website is owned by Caidan Lighting Proprietary Limited and maintained by Tailor Web, Sandton, Gauteng ,South Africa. The Website is hosted by Tailor Web and is located within the Republic of South Africa.
  4. By accessing and using the Website, you, the user, agree to be bound by the terms and conditions that are set out in this notice. You agree to use this Website in a responsible manner. If you do not agree with the provision of these terms, do not log into, and/or use the Website. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download and/or otherwise copy or distribute any of the content of this Website.
  5. We would like to refer you to the provisions of section 11(3) of the South African Electronic Communications and Transactions Act, No 25 of 2002 (“ECT Act”), in terms of which these terms and conditions are binding and enforceable against all persons that access or use our Website or any part of it.
  6. We reserve to ourselves the right at any time to modify these terms and conditions and your continued use of the Website will be governed by the terms and conditions in force at the time of your use.
  7. We also reserve the right at any time to change or discontinue, without notice, any aspect, feature, product, or service offered by way of this Website.
  8. Kindly note that these terms and conditions do not constitute the terms and conditions for the purchase of products which we offer. The terms and conditions of sale appear separately on this Website.  These terms and conditions regulate the basis upon which you access and use the Website.

2. YOUR USE OF THE WEBSITE

  1. You agree that your use of this Website is for lawful purposes only. You undertake and agree that you will not use this Website for any unlawful or immoral purpose, including but not limited to the commission of a criminal offence, to gain unauthorised access to other computer systems or for the transmission of unlawful or immoral material.
  2. You agree that you will not introduce any viruses, Trojan horses, worms, malware, time bombs or other material that is malicious, harmful or may damage the Website.
  3. You also undertake that you will not remove, delete, alter, or obscure any trademarks, specifications, warranties or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website or any content made available to you through the Website.
  4. You are authorised to view, download, and print the content of our Website, provided that such content is used for personal, and/or non-commercial purposes only.
  5. The content of our Website may not be used, applied, or exploited for any commercial and/or non-private purposes, without our prior written consent, which may be refused by us without reasons.
  6. If you use, apply, or exploit any of the content of the Website in breach of the what is stated in these terms, we reserve the right to claim damages from you and we will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from your use of such content or any third party who obtained any content from you.
  7. You may quote small and reasonable portions of content available from the Website only if such quote is placed in inverted commas and its origin acknowledged and recorded.
  8. All licenses and/or permissions granted by us are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by us at any time without giving any reasons for doing so.
  9. It is your responsibility, as user of this Website, to acquire and maintain, at your own cost, the computer hardware, software, and access accounts required to access the Internet and this Website and/or to download content from this Website.
  10. You will be solely liable for all costs and expenses incurred by you to obtain professional advice in relation to these terms and conditions or those relating to the sale of any products on offer in terms of this Website.

3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

  1. Copyright and all intellectual property rights in and to all materials made available through this Website are owned by us, or, we are the lawful user thereof and this Copyright is protected by South African and international intellectual property right laws. Therefore, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material or any component of it will constitute an infringement of our copyright and other intellectual property rights.
  2. The trademarks, names, domain names, logos, and service marks (collectively called “trademarks”) displayed on this Website are registered and unregistered trademarks of us, alternatively we are the lawful users of the trademarks. Nothing contained on this Website should be construed as granting any licence or right to use any trademarks without the prior written permission of us.
  3. The Website and the content made available to you on or through the Website, including, without limitation, all content, text, graphics, icons and images, and all intellectual property rights therein and any suggestions, ideas or other feedback provided by you are our sole and exclusive property. The Website and related content contain proprietary and confidential information that is protected under South African and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. The compilation of all of the content on the Website is also our exclusive property and is protected by South African and foreign intellectual property laws. Except as expressly authorized by us, you may not use, sell, modify, reproduce, redistribute, decompile, reverse engineer, create derivative works, or otherwise exploit information provided to you through the Website, in whole or in part. We grant you a limited, revocable, non-exclusive right to access and use the Website for personal, non-commercial purposes only. Any use of the Website other than for this purpose is strictly prohibited. Certain names, logos, brand, or other materials displayed in and through the Website may constitute trademarks, trade names, service marks or logos (“Trademarks”) of ours, our affiliates, or partners. You may not use such Trademarks without our prior written permission or that of our affiliates or partners, as applicable.

4. CHOICE OF LAW

  1. This Website is owned and operated within the Republic of South Africa, with access available across the world. Therefore, these website terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the High Court of South Africa in the event of any dispute in respect of the use of the Website.

5. ACCURACY OF INFORMATION

  1. While every effort is made to ensure that the information provided on the Website is current and accurate, you should not assume that the information on the Website is always current or accurate, and we should be consulted before making any decision to act on the information displayed on this Website. Should you be aware of any inaccuracy in the information on the Website, please notify us so that we can remedy this.
  2. We make no representations or warranties, whether express or implied in law, as to the accuracy, completeness or reliability of information contained on any of the pages comprising the Website and we will not be bound in any manner by any information contained on the Website or any of the pages comprising the Website.
  3. No opinions, information, data, or content contained on the Website should be construed as advice and these are offered for information purposes only. We give no warranties and make no representations as to the accuracy, completeness, or reliability of any such opinions, information, data, or content.

6. GENERAL DISCLAIMER AND EXCLUSION OF LIABILITY

  1. It is a term and condition of the use of this Website that you expressly agree that the use of the Website is voluntary and entirely at your own risk. The Website and all content on the Website are provided on an “as is” basis. We do not warrant that the functions provided by the Website will be uninterrupted or error-free, or that the Website or the server is free from viruses or other harmful components.
  2. We, our directors, shareholders, officers, employees or representatives will not be responsible for and disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to (i) your use of or reliance on any information provided on and via the Website or any pages of the Website, (ii) any e-mails sent from the Website, (iii) products supplied or services provided via this Website, (iv) any viruses that may infect your computer or other property on account of your access to and/or use of this Website, (v) use of content, data or information made available via the Website, (vi) any failure, delay or unavailability of the Website; or (vii) any products or services offered via the Website for any reason whatever and the supply, or (viii) failure or delay in supplying any of the products or services offered via the Website, save in the event where we are grossly negligent or acting with fraudulent intent.
  3. You agree and undertake to indemnify and hold us, our directors, employees, and representatives harmless in respect of any loss, liability, damage (whether direct, indirect, or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly, or indirectly, to any of the aforesaid.

7. YOUR COMMENTS

  1. We value constructive comments received from visitors to our Website. However, you agree not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and we are not liable to any third party regarding the content of your comments.

8. LINKS AND LINKING

  1. External links: This Website provides links to other Websites. The fact that we have incorporated such links should not be construed as constituting any relationship or endorsement by us of the linked third party. Reliance on all information and content provided by the external link is done so at your own risk. Third party advertising and promotional material may be displayed on the Website from time to time, and the display of such material should not be construed as we are endorsing or creating any relationship between us and that third party. Reliance on any such promotional or advertising material is done entirely at your own risk.
  2. Linking: Any third party wishing to link to the Website from their website must obtain permission from us by directing a request to the webmaster, and permission may be granted on terms and conditions agreed, and in our sole discretion.

9. SECURITY

  1. We will take all reasonable steps to secure the content of the Website and the information provided by and collected from you, as user, from unauthorised access and/or disclosure. However, we cannot provide or make any warranties or representations that the content will be totally safe and secure.
  2. We are under no legal duty to encrypt any content or communications from and to the Website and is also under no legal duty to provide digital authentication of any page on the Website.
  3. You, as user, may not develop, distribute, or use any device to breach or overcome the security measures of the Website and we reserve the right to claim damages from you or anyone involved in doing this with you.
  4. You are not allowed to deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Website or the server and computer network that support the Website.
  5. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Website, whether on purpose or negligently, hereby, without any limitation, indemnifies and holds us harmless against any and all liability, damages, and losses we, our directors, employees, representatives, associates, and/or affiliates may suffer as a result of such damaging code.

10. INFORMATION REQUIRED IN TERMS OF THE ECT ACT

Our contact details for any purposes related to these terms and conditions are:

10.1 Details of Website Owner:

Full Name: Caidan Lighting Proprietary Limited, a private company registered in accordance with the laws of the Republic of South Africa

Registration Number: 2023/138051/07

10.2 Physical Address of Website Owner: Shop A4 Carlswald Décor Centre 5th Road Halfway Gardens Midrand Gauteng

10.3 Postal Address of Website Owner: PO Box 32481 Kyalami 1684

10.4 Description of Main Business: Retail

10.5 Website Address:Caidanlighting.co.za

10.6 Official Email Addresses: william@caidanlighting.co.za

10.7 Telephone: +27 318 0867

10.8 Email: sales@caidanlighting.co.za

10.9 Full Names of its Director(s): William Arthur du Preez

10.10 Country of Registration of Website Owner: Republic of South Africa

10.11 Physical Address for Receipt of Legal Service of Documents:  Shop A4 Carlswald Décor Centre 5th Road Halfway Gardens Midrand Gauteng

11. GENERAL

  1. These terms and conditions constitute the entire agreement of the parties with respect to its subject matter and supersedes all prior oral and written agreements. No failure or delay on our part in exercising any right or remedy under these terms and conditions or enforcing them will operate as a waiver. Headings are for convenience only and not for use in interpretation of these terms and conditions.
  2. All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, will, in such jurisdiction and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions will remain in full force and effect.
  3. Delay or failure to comply with or breach of any of these terms and conditions if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, pandemic, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the party so failing, will not be deemed to be a breach of these terms and conditions nor will it subject either party to any liability to the other .

Terms and Conditions of Sale of Products

1. RECORDAL

  1. The terms and conditions set out in this “Terms & Conditions of Sale of Products” will govern the relationship between the Company and you as the Consumer in respect of the purchase by you of the Products and the sale thereof by the Company.
  2. By accepting the terms and conditions of this Agreement electronically, you irrevocably bind yourself to these terms and conditions.

2. DEFINITIONS

In these terms and conditions, unless the context indicates a contrary intention or meaning, the following words and expressions will bear the meanings assigned to them hereunder, and similar expressions and words will bear corresponding meanings:

  1. “Agreement” means these “Terms & Conditions of Sale of Products,” between the Company and you as the Consumer for the sale and purchase of Products, including the Company’s acceptance of Consumer’s order(s);
  2. “Consumer” or “you” means a natural person(s), firm or company, close corporation, trust or other legal entity, whose details are to be provided as indicated in the ordering process and that purchases the Products from the Company on a cash basis or subject to agreed credit or payment terms in terms of this Agreement;
  3. “Company”: means Caidan Lighting Proprietary Limited (Registration No: 2023/138051/07)
  4. “Days”: means calendar days;
  5. “Order” means a written order for the Products submitted by the Consumer to the Company and the word “Order Form” will have a similar meaning, as electronically provided for on the Website;
  6. “Order Confirmation” means the order confirmation sent by the Company to the Consumer agreeing to fulfil the Order;
  7. “Party” will mean either the Consumer or the Company and “Parties” will mean both the Company and the Consumer;
  8. “Products” mean any products to be supplied by the Company to the Consumer in accordance with these terms and conditions;
  9. “Person”: will mean any person, whether a natural person or a legal entity;
  10. “Secure Payment”: means the credit card payment in respect of the purchase of the products due by the Consumer to the Company through the Website secure payment process, which platform is hosted and operated by Peach Payments
  11. “VAT”: means Value Added Tax as levied on the sale of goods and services in terms of the Value Added Tax Act, Act 89 of 1991;
  12. “Website”: means this website as owned by the Company.

3. APPLICATION

  1. These terms and conditions will apply to all trading conducted between the Company and the Consumer.
  2. Confirmation by the Company of an order from the Consumer will be regarded as acceptance by the Company of the Consumer’s offer to purchase the Products from the Company, at the special instance and request of the Consumer, such acceptance always subject to these terms and conditions of sale, to the exclusion of all other terms and conditions including any terms and conditions which the Consumer purports to apply under any purchase order and specification.
  3. No variation of these terms and conditions of sale will be binding upon the Company unless otherwise agreed to by the Company in writing.

4. PRICE

  1. The purchase price payable by the Consumer to the Company for the Products will be the price as advertised on the Website.
  2. The price will be exclusive of VAT and any other Government duty, tax or levies which may be applicable, and will be added to the price of the Products and is payable simultaneously with the price at the then ruling rate.

5. ORDER PROCESS

  1. The Products will be sold as per Orders placed by the Consumer via the Website.
  2. When placing an Order for the Products as provided for on the Website, the Consumer will complete the order form in all aspects in order to ensure delivery of the Products to the correct address.
  3. An Order placed will be treated as an offer by the Consumer to purchase from the Company such quantities of the Products as will be indicated in the Order, but will not be binding on either Party until accepted by the Company.

6. PAYMENT

  1. The Company will provide the full price in respect of the Products ordered by the Consumer, inclusive of VAT and delivery charges, in the Order Form.
  2. The Consumer will immediately on placing and confirming the Order proceed to make the Secure Payment.
  3.  The Company will be under no obligation to perform in terms of this Agreement unless payment has been received and confirmed by the Company’s bankers.
  4. No payment will be deemed to have been received until the Company has received cleared funds.

7. EXCLUSIONS OF CONSEQUENTIAL LOSS

The Company accepts no liability for any loss or damages, direct, indirect or consequential, (all three of which include, without limitation, loss of profit and loss of business, bodily harm or injury, or death), resulting from the use by the Consumer or any third party of the Company’s Products which use is contrary to the instructions of use, or where the Consumer or any third party uses the Products for any use other than its intended use or misuses the Products in any manner whatsoever.

8. INTELLECTUAL PROPERTY RIGHTS

The Consumer acknowledges that the intellectual property rights in relation to the Products that may be or have been shared with the Consumer pursuant to any trading between the Company and the Consumer, will at all times remain vested in the Company. Nothing in these terms and conditions or in any such trading will be construed as conferring upon the Consumer any right, licence, title or granting any interests in relation to the Company’s intellectual property rights. If the Consumer uses or sells the Products in such a manner as to infringe any intellectual property rights of the Company or anybody else, the Company will not be responsible for such infringement nor for any alleged infringement arising from the Consumer’s action in relation to the Products. The Consumer hereby agrees to indemnify the Company from and against all liability, including legal costs, arising there from.

9. DELIVERY

  1. Delivery of the Products will take place at the Consumer’s designated Delivery Point.
  2. Every reasonable endeavour will be made to despatch the Products within a reasonable time of placement and confirmation of the Order.
  3. However, where a date of delivery has been specified, such date will be intended as an estimate only and time for delivery will not be of the essence.
  4. Under no circumstances will the Company be liable for any direct, indirect, or consequential loss or damage of any nature whatsoever, costs, charges or expenses caused by or suffered as a result of non-delivery or late delivery, nor will the Consumer be entitled to terminate or rescind the Agreement on account of any such non-delivery or late delivery.  In addition, the Company reserves the right to execute accepted Orders in instalments.
  5. The quantity of any consignment of Products as recorded by the Company upon despatch from the Company’s place of business will be prima facie evidence of the quantity received by the Consumer on delivery unless the Consumer can provide evidence proving the contrary.
  6. The Company will not be liable for any shortages in the quantity of the Products delivered and the Consumer will be deemed to have waived any claim against the Company pursuant thereto, unless, the Consumer notifies the Company in writing:
    1. Within 48 (forty-eight) hours of date of delivery in the event of partial loss or damage to the Products in transit;
    2. Within 7 (seven) days of date of despatch in the event of non-delivery of the whole or any separate part of the consignment.
  7. The Company’s liability for any purported shortages will be limited to the replacement of the Products or, at the sole discretion of the Company, the issuing of a credit note against any invoice raised for that specific shipment.

10. PASSING OF OWNERSHIP AND RISK

All risk in and to the Products will pass to the Consumer upon delivery to the Consumer.  Ownership will pass to the Consumer on receipt of payment of the full purchase price for the Products.

11. WAIVER

The waiving of any or all of these terms and conditions by the Company will not prejudice or affect the Company’s rights and remedies in respect of any breach, non-performance, or non-observance by the Consumer, present or in the future, of any terms and/or condition contained herein.

12. CHOICE OF LAW

This Agreement will be governed by the laws of the Republic of South Africa.

13. FORCE MAJEURE

Neither the Company nor the Consumer will be liable for the delay or failure to perform by reason of contingencies beyond its reasonable control including, but not limited to, war, sabotage, pandemic, riots, civil disturbances, acts of God, delays of carriers, plant breakdowns, strikes, labour disputes, accidents, failure of sources of supply of raw materials, power or supplies, or excessive cost thereof, or contingencies interfering with transportation of its products. Any occurrence of force majeure should be reported in writing to the other party by the affected party within five (5) days after such party’s first clear knowledge thereof.

14. INDEMNITY

The Consumer indemnifies the Company and holds the Company harm­less against any claims as a result of the negligent and/or wilful acts or omissions of the Consumer or its employees or contractors regarding the Products or the use of the Products.

15. GENERAL

  1. These terms and conditions represent the entire agreement between the Company and the Consumer and will govern all future contractual relationships between the Company and the Consumer and will also be applicable to all debts which the Consumer may owe to the Company prior to the Consumer’s signature hereto.
  2. No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, will be of any force and effect unless presented in writing and signed by a director of the duly authorized representatives of the Company.
  3. No relaxation or indulgence which the Company may give at any time in regard to the carrying out of the Consumer’s obligations in terms of any order will prejudice or be deemed to be a waiver of any of the Company’s rights in terms of these terms and conditions.
  4. The Consumer will not cede its right nor assign its obligation under these terms and conditions.
  5. The Company may at any time in its sole discretion cede or assign all or any of its rights in terms of these terms and conditions without prior notice to the Consumer.
  6. The Consumer hereby warrants that all the information recorded by it on this Website is true and correct.