Please be aware that the most recent Terms and Conditions apply retroactively. Here are the rephrased interpretations and definitions:
INTERPRETATION AND DEFINITIONS
1.1. "Conditions" refers to the terms governing the shipment of goods purchased and dispatched through onlinestore247.co.za, utilizing third-party carriage services/facilities, subject to amendments without prior notice.
1.2. "Third Party Courier" denotes the individual or corporate entity specified/deployed by onlinestore247.co.za.
1.3. "Goods" encompasses items offered by onlinestore247.co.za, acquired by clients/customers, and accepted by the Third Party Courier for carriage under these evolving Conditions.
1.4. "Owner’s Risk" signifies that onlinestore247.co.za and the Courier bear no liability for loss or damage to Goods, except in cases where the Courier acts intentionally to cause such loss or damage.
1.5. "Recipient" pertains to the legal person/entity designated to receive the Goods under these Conditions.
1.6. "Services" encompasses all operations and services provided, or to be provided, by onlinestore247.co.za and the Courier in connection with Goods carriage. This includes, but is not limited to, the transport, carriage, and/or storage of Goods, or any related operation/service.
1.7. "Sender"/"Customer" refers to the person/company/legal entity for whom the Courier performs Goods carriage under these Conditions.
1.8. "Sub-Contractor" includes any person/courier who, under a contract or arrangement with any other person/courier (whether the Courier or not), performs or agrees to perform the services or any part thereof.
1.9. Words denoting the singular include the plural and vice versa; any gender includes the other genders, and persons include corporations, bodies politic, and their legal representatives and assigns.
TARIFFS AND QUOTATIONS
All quotations, rates, tariffs, and surcharges are subject to withdrawal or revision by onlinestore247.co.za and its selected third-party courier service at any time.
Shall have the discretion to revise all quotations, rates, tariffs, or surcharges, with or without notice, in cases where onlinestore247.co.za's costs are impacted by its suppliers. Such revisions may occur without notice to the Customer. Charges are computed based on either actual or volumetric mass, with the higher of the two calculations deemed the chargeable mass for measuring volume, mass, and/or dimensions. Measurements from dimension machinery or company representatives are considered conclusive proof. Validity applies solely to written quotations from onlinestore247.co.za.
PACKAGING AND DELIVERY PARAMETERS
2.1. onlinestore247.co.za and third-party courier services bear no liability for loss, damage, or deterioration of goods sent to buyers.
2.2. onlinestore247.co.za and/or its suppliers package goods for transport, ensuring they withstand transit risk and normal road transportation rigors.
2.2.1. onlinestore247.co.za and/or its suppliers clearly address each consignment for effective delivery.
DELIVERY OF GOODS
onlinestore247.co.za and/or its suppliers may delay or expedite dispatch at their sole discretion for safety reasons or due to priority backlogs. Delivery of goods, post-purchase, is subject to successful fund transaction confirmation. The company and its suppliers, along with the third-party courier service, deliver goods owned by buyers.
COMPANY LIABILITY
3.1. onlinestore247.co.za and/or its suppliers and/or the third-party courier service are not liable for goods' loss or damage. Claims must be lodged in writing within 48 hours of delivery for consideration. Claims received after this period will not be entertained when onlinestore247.co.za and/or its suppliers opt for limited liability as specified.
Continuing from the previous information:
COMPANY LIABILITY
3.1.1. The Company's liability is limited to R1,000.00 (ONE THOUSAND RAND) per consignment of goods.
3.1.2. onlinestore247.co.za and/or its suppliers and/or the third-party courier service are not responsible for indirect or consequential loss or damage to any consignment of goods.
3.1.3. onlinestore247.co.za and/or its suppliers and/or the third-party courier service bear no liability for any loss or damages arising from late or non-delivery of goods.
LOSS OR DAMAGE TO GOODS
4.1. onlinestore247.co.za and/or its suppliers and/or the third-party courier service, or their employees, shall not be held responsible or liable for any loss or damage to goods unless such loss or damage:
4.1.1. Occurs while the goods are in the actual care, custody, and control of onlinestore247.co.za and/or its suppliers and/or the third-party courier service.
4.1.2. Is due to the negligence, intentional acts, or willful default of onlinestore247.co.za and/or its suppliers and/or the third-party courier service or its employees.
4.2. onlinestore247.co.za and/or its suppliers and/or the third-party courier service are under no circumstances liable for:
4.2.1. Loss or damage incurred due to inadequate handling by the customer.
4.2.2. Any loss or damage caused by magnetic degaussing, ultraviolet light inductions, or solar wave effects to packaged shipments.
4.3. No assumption of liability is extended to the following, including but not limited to: second-hand consignments, mechanical or electrical goods unless in brand new and original packaging.
4.4. If onlinestore247.co.za and/or its suppliers and/or the third-party courier service cannot deliver the goods for any reason, reasonable steps will be taken to deliver purchases to the customer.
INSURANCE AND ASSUMPTION OF LIABILITY
5.1. onlinestore247.co.za and/or its suppliers and/or the third-party courier service do not provide insurance to the customer. However, under specific circumstances outlined herein, TCG may assume liability for loss suffered by a Customer regarding items specified in the waybill. This assumption of liability is subject to an additional charge, and the customer must expressly indicate the need for such liability assumption.
5.2. If the Customer has specified the need for assumption of liability on the waybill, an additional fee is applicable, payable to onlinestore247.co.za as follows:
5.2.1. If the customer has indicated at the time of purchase that assumption of liability is required, and the declared value is less than R1,000.00 (ONE THOUSAND RAND), no fee will be charged for the assumption of liability by TCG, up to the value of R1,000.00 (ONE THOUSAND RAND).
5.2.2. Prepaid Customers automatically receive the benefit of TCG assuming liability, up to the value of R1,000.00 (ONE THOUSAND RAND), at no extra charge.
5.2.3. IMPORTANT EXCLUSIONS:
5.2.4. onlinestore247.co.za and/or its suppliers and/or the third-party courier service are not responsible for loss, damage, or expense caused by delay, even if the delay is caused by a risk insured against.
5.2.5. The customer shall notify onlinestore247.co.za and/or its suppliers and/or the third-party courier service in writing strictly within 48 hours of the delivery, or expected delivery, of damaged, lost, or stolen goods, at support@onlinestore247.co.za. No claims will be entertained if not received within the 48-hour notice period.
5.2.6. onlinestore247.co.za and/or its suppliers and/or the third-party courier service's assumption of liability for the declared value of any one parcel shall not exceed R30,000.00 (THIRTY THOUSAND RAND). If the declared value exceeds R30,000.00, special arrangements must be made with onlinestore247.co.za. The declared value must be substantiated by a purchase invoice or an up-to-date valuation certificate from a professional valuator.
5.2.7. Regardless of anything to the contrary contained or implied in this clause 13 (thirteen), no assumption of liability by onlinestore247.co.za and/or its suppliers and/or the third-party courier service extends to the following, including but not limited to: second-hand consignments, mechanical or electrical goods unless contained in brand new and original packaging.
5.3. In the event that the customer wishes to lodge a claim:
5.3.1. Damaged goods must be returned to onlinestore247.co.za at its specified physical address, as provided in the 'contact us' link, along with the original invoice reflecting the purchase price (proof of value) of the item. These are necessary for assessment and/or salvage before considering a claim. If damaged goods and proof of value are not received by onlinestore247.co.za, the company is not obligated to honor its limited assumption of liability.
WARSAW CONVENTION
When shipments are tendered for international destinations, the provisions of and the law to the Warsaw Convention may apply and, in most cases, further limit the liability of onlinestore247.co.za regarding loss or damage to such consignments.
LEGAL
In cases of non-payment of monies due to onlinestore247.co.za, the customer and/or the receiver shall be liable for and shall pay all legal costs incurred by TCG. The Customer and/or the Sender shall be liable for all costs incurred by onlinestore247.co.za, whether directly or indirectly, in the recovery of any monies hereunder, including collection commission, attorney, and/or any other legal costs. If Judgment has been granted, it is in connection with the satisfaction or enforcement of such Judgment.
GENERAL
No relaxation or indulgence of these conditions of carriage shall in any way prejudice onlinestore247.co.za and/or its suppliers and/or the third-party courier service's rights, nor shall they be deemed a waiver of any of onlinestore247.co.za and/or its suppliers and/or the third-party courier service's rights in terms of these conditions. No variation, waiver, indulgence, and/or relaxation of such conditions shall be binding upon onlinestore247.co.za and/or its suppliers and/or the third-party courier service/s.
DOMICILIUM CITANDI ET EXECUTANDI
The customer designates their address, as specified when completing the form at the checkout during the purchase from onlinestore247.co.za, as their domicilium citandi et executandi for all delivery purposes related to this agreement. The customer may amend this address in writing to onlinestore247.co.za before the product is handed over to the company's appointed courier service. The customer may also be required to cover any additional delivery costs if the delivery is already in progress with our third-party courier service.
COSTS
The Customer and/or the Sender are responsible for all costs incurred by onlinestore247.co.za in the recovery of any amount or the enforcement of any rights under this agreement. This includes collection charges, costs on an attorney and own client scale, and the cost of counsels as on brief, whether incurred before or during legal proceedings, or if Judgment has been granted in connection with the satisfaction or enforcement of such Judgments. The Customer agrees to pay the cost of the suretyship and cession contained herein, including stamp duty payable, and agrees that such costs can be debited to their account.
SEVERABILITY
In the event that any term and/or condition, or part thereof, herein is proven to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms and/or conditions, or part thereof.
WHOLE AGREEMENT
6.1. These terms and conditions, including agreements and conventions expressly referred to herein, constitute the entire agreement between the parties and shall prevail over, exclude, and supersede any other terms or conditions, stipulations, warranties, statements of fact or opinion, or representations, oral or written, that have been made or relied upon by either party other than as specifically included herein.
6.2. The customer expressly confirms that they do not rely upon or claim any other terms, warranties, conditions, or representations relating to the use of onlinestore247.co.za appointed third-party couriers under these terms and conditions.
NO VARIATION
No variation or cancellation of these terms and conditions shall have any force or effect unless reduced to writing and signed by or on behalf of onlinestore247.co.za.
NO WAIVER
onlinestore247.co.za shall not be deemed to have waived or be precluded from exercising any right under these terms and conditions merely because it has shown indulgence to the customer or failed to exercise or delayed in exercising any right as per these terms.
CONDITION OF PAYMENT
The responsibility of the buyer:
We will not ship, deliver, make, or pass instructions to our appointed third-party courier service (whether from time to time or permanently) until the payment(s) have been received by our appointed third-party payment system/entity. In the event of any fraudulent purchase on our website, onlinestore247.co.za reserves the right to stop/cancel the delivery of fraudulently purchased products. If a payment is delayed due to an error or delayed confirmation by our third-party deployed payment application for more than 5 (FIVE) working days, the customer may contact us in writing and provide proof of purchase as well as transaction details to facilitate the transaction into our account.
FORCE MAJEURE
onlinestore247.co.za shall not be liable or considered to have defaulted under or breached these Terms and Conditions for any failure or delay in fulfilling or performing any service when and to the extent such failure or delay is caused by or results from acts beyond onlinestore247.co.za's control. These acts include, without limitation, the following FORCE MAJEURE events: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages, or slowdowns, or other industrial disturbances; (i) epidemic, pandemic, or similar influenza or bacterial infection; (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) hijackings, or (n) other similar events beyond the reasonable control of the Impacted Party.
.