Terms and Conditions

  1. Definitions
    • “Seller” means Newtown Fertilizers cc of 9 GwiGwi Mrwebi Street, Newtown, Johannesburg that owns and operates the gardenonline website
    • “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller
    • “Contract” means the agreement between the Seller and the Buyer for the sale and purchase of goods incorporating these Terms and Conditions
    • “Goods” means the articles that the Buyer agrees to buy from the Seller
    • “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller
  2. Conditions
    • Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
    • These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
    • Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
    • Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
    • Any complaints should be addressed to the Seller's address stated in clause 1.
    • It is the responsibility of the buyer to verify details before placing an order with the seller.
  3. Ordering
    • All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
    • Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
    • Quotations are valid for 30 days from the date the quote was sent.
  4. Price and Payment
    • All prices are in ZAR (South Africa Rand) and include VAT at the appropriate rate.
    • Payment of the price plus VAT must be made in full before dispatch of the Goods.
    • Payment may be made by cash, credit card, electronic funds transfer or cheque.
    • Cheque's are subject to seven (7) days bank clearance before goods are released.
  5. Rights of Seller
    • The Seller reserves the right to periodically update prices, which cannot be guaranteed for any period of time.
    • The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
    • The Seller reserves the right to withdraw any goods at any time.
    • The Seller shall not be liable to anyone for withdrawing any Goods or for refusing to process an order.
  6. Warranty
    • The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
  7. Delivery
    • Delivery is subject to a minimum order of four (4) units and a minimum value of Five Hundred Rand (R500.00).
    • Goods are only delivered within the Gauteng region.
    • Goods supplied will normally be delivered within 7 working days of acceptance of order.
    • The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
    • Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
    • Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
  8. Returns
    • The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
    • Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund if the Goods are in fact defective.
    • Goods returned must be accompanied by the original invoice from the Seller as proof of purchase.
    • Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
  9. Limitation of Liability
    • Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
    • Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
  10. Changes to Terms and Conditions
    • The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

TERMS AND CONDITIONS of use of gardenonline.co.za

  1. Acceptance of Terms
    • Your access to and use of gardenonline.co.za (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
  2. Advice
    • he contents of the Website does not constitute advice and should not be relied upon in making or refraining from making, any decision.
  3. Required Disclosure
    • Gardenonline.co.za discloses the following information:
      • Web Owner: Newtown Fertilizers cc 2004/015931/23
      • Street Address: 9 GwiGwi Mrwebi Street, Newtown, Johannesburg
      • Postal Address: PO Box 60004, Langaagte, 2102
      • Telephone: +27 (11) 838-9153
      • Fax: +27 (11) 838-9154
      • E-mail: info@gardenonline.co.za
      • Contact: Samantha Holm
  4. Changes to Website
    • Gardenonline.co.za reserves the right to:
      • Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that gardenonline.co.za shall not be liable to you for any such change or removal.
      • Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
  5. Links to Third Party Websites
    • The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
  6. Copyright
    • All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to gardenonline.co.za or otherwise used by gardenonline.co.za as permitted by law.
    • In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non–commercial home use only.
  7. Disclaimers and Limitation of Liability
    • The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non–infringement, compatibility, security and accuracy.
    • To the extent permitted by law, gardenonline.co.za will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
    • Gardenonline.co.za makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
    • Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of gardenonline.co.za for death or personal injury as a result of the negligence of gardenonline.co.za or that of its employees or agents.
  8. Indemnity
    • You agree to indemnify and hold gardenonline.co.za and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against gardenonline.co.za arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
  9. Severance
    • If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
  10. Governing Law
    • These Terms and Conditions shall be governed by and construed in accordance with the law of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts.
  11. Green Arrow

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