Terms & Conditions

Swim Online Terms and Conditions

OUR TERMS & CONDITIONS

Introduction

The website http://www.swimonline.co.za. (the “website”) is owned and operated by Swim Online (Pty) Ltd, Reg 2018/223774/07 of 712 Bess street, Pretoria, 0082. The Company includes representatives, directors, employees, agents, independent contractors.

In its operation of the website, www.swimonline.co.za offers products for sale in its own right. When you place an order with Swim Online., the products will be supplied to you by us or by truck delivery from our supplier or via Courier Service. Where the products are supplied by our supplier or by courier service, you “the customer” package must be correctly checked  by you “the customer”. When signing for receiving products, we “ Swim Online” are not responsible for product lose or damage product.

In any event, these Terms and Conditions govern the supply of any product ordered by you on the website. By ordering a product, you agree to be legally bound by these Terms and Conditions.

  • “Customer” means individual who places an Order on the Site
  • “You” means the Customer who places an Order on the Site
  • “Order” means the order submitted by you on the website to purchase a Product
  • “Product(s)” means the supplier’s products to be sold to Customers via the website in accordance with this agreement
  • “Account” means the account that you will need to register in order to submit an Order
  • “Business Day” means any day other than a Saturday, Sunday, bank holiday or public holiday in South Africa
  • “We” means Swim Online
  • “Delivery Form” means anything that requires your signature to prove that you have received the goods. This can be a Tax Invoice, Delivery Note or a Waybill.

These Terms and Conditions are our copyrighted intellectual property. Use by third parties – even of extracts – for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.

Registration, Order and Cancellation

When placing an order online, you must be over 18 years of age and register for an account on the website. Only electronic transfer payments will be accepted, and proof of payment must be send to admin@swimonline.co.za, if payment are done after 14:00 hours, you might wait an extra day for clearance. When placing the order you should follow the given instructions.

– Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you  will then be shown or told (on the website) the charges you must pay and any applicable delivery charges. Unless otherwise stipulated on the website, all charges are in the currency then in force in South Africa.

– You shall pay for the Product in full and any applicable delivery charges when placing the order by supplying us with proof of payment. In any event, we shall not be bound to accept the order before we have received the funds in full.

– You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct.

– When you submit an Order, you agree that you do so subject to the prevailing Terms and Conditions.

– We shall not be obliged to supply the Product to you until we have accepted your Order and all details are correct and payment were received.

– Swim Online works closely with its suppliers to ensure that prices shown on the website are accurate. In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

Delivery

We know how important it is to you that you receive your product as soon as possible after purchasing it.  For those items that are in stock we might only delivery within 2-7 business days, to outlying areas within South Africa within 5-7 business days and special freight items within 15-21 business days from the date your payment has been received.

We will notify you if we are unable to meet our estimated delivery timeframe but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Items will be delivered to the address you provided while placing an order. For special freight items the courier might contact you directly to agree on an appropriate delivery time.

Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage).

All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.

If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the courier.

If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the courier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

  • Charge you for our reasonable storage fee and other costs reasonably incurred by us; or
  • No longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you, less our 15 % administration charges (including for attempting to deliver and then returning the Product, and any storage fees).

It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

Damaged or Faulty Returns

In the unlikely event that your item arrives damaged or faulty, you have 10 working days to notify Swim Online. Please send an email to sales@swimonline.co.za  (after which one of our representatives will contact you), or directly call us on 074 273 1522 / 087 700 7582.

Please note that the following will void any warranty claims:

  • Negligence – where the client or the installation electrician did not install the product as per standard installation procedures.
  • Misuse – where the product was not used for its intended purpose or used outside of the scope of listed technical specifications.
  • Visible damage – where the products are damaged after they have been received and Swim Online was not notified thereof within 10 working days of receipt of products.
  • Modifications – where the product was amended, adjusted or tampered with in such a way that it is deemed as modified from the condition that it was originally supplied to you.
  • We will not refund or replace a product that the customer has bought and received where, in our reasonable opinion, the product has: become of unacceptable quality due to fair wear and tear; misuse; failure to use in accordance with manufacturer’s instructions; using it in an abnormal way; or failure to take reasonable care.

Warranty Claims

Our goods come with warranties that cannot be excluded under the Consumer Protection Act. You are entitled to a repair, replacement (if available) or a refund if applicable. Once again note that warranty is valid to product specification on installation.We will then finalise your warranty claim.

  • Replacement products are subject to the same warranties as the original
  • You must retain your proof of purchase for any manufacturer warranty claims
  • Refunds will be issued by direct deposit (EFT).

We aim to process refunds and replacements within 15 days of receipt by us of the original product.

We will not refund or replace a product where in our reasonable opinion the product has – following the sale to you:

  • Negligence – where the client or the installation electrician did not install the product as per standard installation procedures.
  • Misuse – where the product was not used for its intended purpose or used outside of the scope of listed technical specifications.
  • Visible damage – where the products are damaged after they have been received and Swim Online was not notified thereof within 10 working days of receipt of products.
  • Modifications – where the product was amended, adjusted or tampered with in such a way that it is deemed as modified from the condition that it was originally supplied to you.
  • We will not refund or replace a product that the customer has bought and received where, in our reasonable opinion, the product has: become of unacceptable quality due to fair wear and tear; misuse; failure to use in accordance with manufacturer’s instructions; using it in an abnormal way; or failure to take reasonable care.

Limitation of liability

This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:

  • the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
  • Otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

Security

You agree and warrant that your login name and password shall:

  • be used for your personal use only; and
  • not be disclosed to any third party.