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Terms + Conditions

  1. INTRODUCTION
    1.1 These terms govern your access as user to the website with domain www.top-worx.co.za and all and any associated web pages thereto (hereinafter referred to as “the Website”).
    1.2 These terms serve as a valid and binding agreement between yourself and us (Topworx), and you are not permitted to access this website or make use of our services, unless you agree to abide by these terms. By accessing the Website and/or by acknowledging these terms in writing, you signify your agreement to these terms.
    1.3 Should you have any questions regarding our Website, the terms, goods, services or any other queries in general, feel free to e-mail us at jaco@simplydoors.co.za.
  2. DEFINITIONS
    2.1 Unless we indicate to the contrary in these terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa.
    2.2 In these terms the words defined hereunder shall have the meanings assigned to them hereunder:
    2.2.1 “access” means to visit, use, load in a web browser, mobile phone or device or in any engage with the Website;
    2.2.2 “content” means all information which you may have access to as part of, or through your access to the Website;
    2.2.3 “goods” means all goods and services sold and/or promoted by the seller;
    2.2.4 “intellectual property” means collectively the patents, copyrights, moral rights, trademarks, designs, models, brands, names, trade names, trade secrets and any other type of intellectual property, whether registered or unregistered, which Topworx own, license, use and/or hold in connection with the Website;
    2.2.5 “the parties” means the seller and purchaser collectively;
    2.2.6 “the purchaser” means any person, partnership, firm, association, close corporation, company or entity purchasing any goods or making use of the services of the seller;
    2.2.7 “the seller” means Topworx Postform Top Manufacturers CC (hereinafter referred to as “Topworx”),, a private company duly incorporated in accordance with the company laws of the Republic of South Africa, and any and all of its subsidiaries, associated companies and entities;
    2.2.8 “the Website” means our website at www.top-worx.co.za
    2.2.9 “trademarks” means all trademarks that we own and/or any trademarks, designs, logos, style names and slogans which we own or have the right to use;
    2.2.10 “services” refers to any and all services provided by Topworx Postform Top Manufacturers CC (hereinafter referred to as “Topworx”), a private company duly incorporated in accordance with the company laws of the Republic of South Africa, and any and all of its subsidiaries, associated companies and entities;
    2.2.11 “you”, “user” and “users” means the users of the Website;
    2.2.12 “us”, “we” and “Topworx”, means Topworx Postform Top Manufacturers, a private company duly incorporated in accordance with the company laws of the Republic of South Africa, and any and all of its subsidiaries, associated companies and entities;
    2.3 Any reference in these terms to a party shall, if such party is liquidated or sequestrated, be binding upon such party’s liquidator or trustee;
  3. APPLICATION
    All and any business undertaken by the parties is and shall be subject to the conditions herein and each and every condition shall be deemed to be incorporated in as a condition of any agreement concluded between the parties.
  4. CHANGES AND AMENDMENTS
    We are entitled to amend these terms at any time and in any way, in our sole discretion, without notice to you. Such amendments will come into effect immediately and you will be bound by them. The amended terms will be published on the Website, and it is your responsibility to review these terms on a regular basis to ensure that you are aware of the content of the terms and any amendments thereto.
  5. PERSONAL INFORMATION AND PRIVACY POLICY
    5.1 We are permitted to request you to submit your personal information to us through the Website, or in any other manner, in order to access certain aspects of the Website and to make use of the goods and services that we offer.
    5.2 You warrant that the personal information you submit is accurate, current and complete. You remain responsible to update any of your personal information provided to us, as soon as it is no longer accurate or complete.
    5.3 We are permitted to verify the personal information provided by you to us. You irrevocably consent to the aforesaid verification process.
    5.4 We will use your personal information for the following:
    5.4.1 To contact you with regards to current or new goods or services;
    5.4.2 To inform you of special offers, promotions and competitions;
    5.4.3 To improve you experience on the Website, by monitoring statistical data, non-personal browsing habits and to transact with us.
    5.5 We are entitled to disclose your personal information to our employees and/or third party service providers, who assist us to provide our goods and services and to interact with you via our Website, E-mail or telephonic communications, and therefore are required to know your personal information in order to ensure that we provide a proper and efficient service to you.
    5.6 We will treat your personal information as confidential, and upon your request return or destroy any of your personal information in our possession or control.
    5.7 We will not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of personal information to a third party, should you disclose your personal information to a third party, such as a third party service provider used by us, or an entity which operates a website linked to the Website or anyone else than Topworx. It is your responsibility to familiarise yourself with the privacy policy of such third party.
    5.8 You agree that we may intercept, block, filter, read, delete, disclose and use all communications you send or post to us or the Website and to our employees.
    5.9 You agree that the consent you provided as referred to in clause 5.8 of the terms satisfies the requirements of consent as specified in the Electronic Communications and Transactions Act, No. 25 of 2002, and the Communications and Provision of Communication-related Information Act, No. 70 of 2002.
    5.10 You agree that we are permitted to make use of cookies to enable us to recognise you and obtain information relating your visits to the Website.
  6. USE OF THE WEBSITE
    6.1 You may not access or use the Website for any illegal, unlawful or immoral purposes, or for any purposes as prohibited by these terms.
    6.2 You agree to adhere to generally acceptable internet and e-mail etiquette.
  7. LIMITATION OF LIABILITY
    Neither the seller, nor any of its directors, officers, servants, employees, members, contractors, agents or other person for whom in law the seller may be
    liable, shall be liable for any loss, damage, damages or claim whatsoever, and howsoever arisen, whether direct or indirect consequential, or otherwise suffered by the purchaser, arising from any cause whatsoever in connection with the supply or delivery of any goods.
  8. INDEMNTIY
    You hereby indemnify the seller and its directors, officers, employees, servants, agents, contractors or any other person for whom in law the seller may be liable from any loss, damage, damages, liability, claim or demand of any nature whatsoever, due to or arising out of your access to the Website, breach of these terms or any cause in connection with the supply or delivery of any goods.
  9. COMPLAINTS
    9.1 Should you have any complaints or are of the view that your rights have been infringed by the seller or any of its employees, you may address a complaint to us in writing by e-mail to info@top-worx.co.za.
    9.2 You have the right to submit your complaint to the Consumer Goods and Services Ombud, and can follow the procedure as stated on www.cgso.org.za.
  10. THIRD PARTY WEBSITES
    10.1 We do not endorse any websites or the content thereof, linked to the Website. Should you make use of such websites, it is solely your responsibility to familiarise yourself with the content which will govern your relationship with such third parties.
    10.2 We are not responsible or liable for any damage, damages or any other loss caused or alleged to be caused by or in connection with your use or reliance on any such linked third party website. You agree that where you access linked third party websites, you solely do so at your own risk.
  11. GOVERNING LAW AND SERVICE OF LEGAL DOCUMENTS
    11.1 Your access to the Website and all of your dealings with the seller shall be governed by The law of the Republic of South Africa.
    11.2 Should any dispute arise out of your access to the Website or your dealings with the seller, you consent to the jurisdiction of the South African courts to resolve such disputes.
    11.3 We choose our main place of business, situated at 7 Kouga St, Stikland Industrial, Cape Town, 7530 , for all communication purposes, including in respect of court process, notices, documents and communications of whatsoever nature.
    11.4 You agree that we may serve documents relating to court process, notices, and documents and communications of whatsoever nature on you using your e-mail address as provided to us by you. The service of such notices on you via e-mail shall be deemed to have been served on you by no later than 24 hours after such notices or communications were sent.
    11.5 The purchaser shall pay all legal costs incurred by the seller on an attorney own client scale in taking any legal action against the purchaser for the enforcement of any of its rights.
  12. GENERAL AND SOCIAL MEDIA COMPETITIONS
    12.1 In order to participate in a competition hosted by the seller, a participant should comply with the following
    12.1.1 Be at least 18 years of age;
    12.1.2 Reside within the Republic of South Africa;
    12.1.3 Entered with a valid e-mail address and cellphone number.
    12.2 By participating in the competition you automatically agree that we will not be liable for any losses, damages, costs or claims in connection with the
    competition or arising from the acceptance, possession or use of any prize given by us.
    12.3 At all times winners will be randomly selected from the pool of qualified participants.
    12.4 Once a decision is made regarding whom the winner is, such decision is final.
    12.5 Prizes cannot be exchanged for cash or any other item.
    12.6 Should it not be possible for Topworx to provide the prize as advertised, an alternative prize of equal value will be provided, subject to the discretion of Topworx.
    12.7 In order to claim the prize, the winner must provide proof of identification to Topworx.
    12.8 The winner will be announced within 24 hours of determining the winner, which announcement will be made telephonically or via e-mail to the specific participant.
    12.9 Topworx may disqualify a winner if we do not receive a response accepting the prize from the winner within 72 hours of notifying the winner.
    12.10 If the winner does not accept the prize within 72 hours, the aforesaid participant will forfeit his/her prize and Topworx may select and announce a new winner within 24 hours.
    12.11 The winner’s name will be published on all social media accounts of Topworx.
    12.12 We are not responsible for any incorrect information submitted by participants. It is the responsibility of all participants to ensure that entry information provided is accurate and up to date.
    12.13 We are not responsible for any lost data, due to network errors or any electronic failures beyond our control.
    12.14 We are entitled to amend, suspend or terminate the competitions for reasons beyond our control.
  13. QUOTES AND PRODUCT PRICING
    13.1 By requesting a quote, an order is not confirmed.
    13.2 After receiving a quote, one of our sales consultants will contact you, either via e-mail or telephonically, to discuss the aforesaid quote and confirm the details thereof.
    13.3 We reserve the right to change, with notice to you, the price of goods as per quotations sent by us.
    13.4 Quotations are valid for a period of 14 (fourteen) days, from the date on which it was communicated to you.
    13.5 All prices displayed on the Website, are valid and effective for the day that they were viewed.
    13.6 We reserve the right to change, without prior notice, to discontinue or change pricing or specifications of goods offered on the Website without incurring any liability whatsoever.
    13.7 All goods displayed on the Website, or on which a quotation is made, are subject to availability
    13.8 We cannot guarantee availability of stock, but will attempt to obtain stock from a reliable source, where possible, in order to fulfill your order.
    13.9 Where goods that were ordered, cannot be delivered by us, for whatsoever reason, we will contact you, and offer you the option to cancel your order, or amend your order to such an extent as possible to enable delivery.
    13.10 All prices, whether on the Website, or on quotations, are inclusive of Value Added Tax (VAT).
  14. ORDERS
    14.1 By placing an order for the purchase of goods or services provided by us, you submit, represent and warrant that you are over the age of 18 (eighteen) years, and that you are authorised to place the order and make payment therefore in whatsoever manner you have indicated payment shall be made.
    14.2 You may only pay for orders by cash, Electronic Funds Transfer (EFT), credit card, or on credit provided by us, subject to you being approved for such credit.
    14.3 On receipt of your order, we will communicate to you a description of the goods that you have ordered and an order reference, which communication confirm that we have received the order, but does not represent any acceptance of your offer to purchase the goods as described in the order.
    14.4 When placing an order, it is your responsibility to select whether the goods which you have ordered, will be collected from our main place of business, or whether the goods should be delivered to an address specified by you.
  15. DELIVERY
    15.1 We only deliver to certain areas, which areas can be viewed on the Website.
    15.2 A delivery fee will be charged for each delivery by us.
    15.3 Should we not deliver to your area, you may request that we instruct a third party service provider to deliver your order to you, subject to an additional delivery fee, being the delivery fee of such third party service provider.
    15.4 Should you require your order to be delivered to multiple addresses, or should your order be of such a nature that multiple deliveries to the same address are required, we reserve the right to charge an additional delivery fee.
    15.5 Our deliver times are as follows:
    15.5.1 Monday to Thursday – 08:00 to 17:00 Friday 08:00 to 15:00
    15.5.2 No deliveries are done on Sundays and public holidays.
    15.6 Should it be required for us, for whatsoever reason, to make delivery outside our usual delivery times, as stated above, you will be contacted telephonically to confirm suitable arrangements.
    15.7 It is your sole responsibility to provide us with the correct address for delivery. We are not liable for deliveries made to an incorrect address.
    15.8 You warrant that the delivery address is of such a nature that it is suitable for entry by the delivery vehicles and staff of Topworx or the third party service provider, and that you will be liable for any damages to the delivery premises, arising out of the delivery of the goods.
    15.9 Delivery and collection dates provided are only estimates, and such dates are subject to change. Any failure by us or the third party service provider to adhere to the estimated delivery date, shall not entitle you to cancel the contract nor relieve you from any of your obligations thereunder.
    15.10 After delivery of your order, you will receive a delivery note, describing the goods delivered, and confirming receipt of the order.
    15.11 The person accepting delivery of your order is required to produce a form of identification.
    15.12 Should no-one be available to accept delivery of your order, at the delivery address provided by you, the goods will be returned to our premises, or in the event of delivery being undertaken by a third party service provider, to the premises of the third party service provider. Attempts will then be made to contact you to confirm new delivery arrangements.
    15.13 Our liability for failing to deliver the order on time is limited to delivery being affected at a later time than agreed.
    15.14 Should any person other than yourself accept delivery of your order at the delivery address provided by you, such person is deemed to have been authorised by you, to accept delivery on your behalf.
    15.15 It remains your sole responsibility to ensure that you have made arrangements for the acceptance of delivery and storage of the goods being delivered.
    15.16 The contract of sale between the parties, will only be completed when we dispatch the goods to you, whether by delivery or collection. Any products which does not form part of the products being dispatched, does not form part of the contract.
    15.17 Delivery by us or any third party service provider will be done to the pavement of the delivery address provided by you. We shall not assemble any goods, nor move any goods to storage for you.
    15.18 We or the third party service provider delivering the order, shall not be held liable for any loss or damage, damages suffered by any person, as a result of any act or omission by us or the third party service provider in the process of delivering the goods.
  16. BREACH
    16.1 In the event of the purchaser breaching any conditions of these terms or of the agreement of sale entered into between the parties, the seller shall, without prejudice to any rights which the seller may have in law, have the right to:
    16.1.1 Cancel to agreement between the parties, without having to give prior notice to the purchaser;
    16.1.2 Remove and repossess all the goods delivered to the purchaser and recover any damages which the seller suffered as a consequence of the cancellation of the agreement between the parties;
    16.1.3 Claim from the purchaser payment of the purchase price, which outstanding amount shall immediately become due and payable.
  17. CANCELLATION AND REFUND
    17.1 You may cancel an order, or part thereof, by contacting our office on 021 946 2283.
    17.2 You are only permitted to cancel orders, subject to such order not having been executed. Once the process of executing the order has started, you are and remain liable for the entire order.
    17.3 The refund of purchases may be subject to a handling fee.
    17.4 All refunds are subject to our discretion and each matter will be assessed on the individual merits thereof.
    17.5 You may return goods purchased, at your cost, provided that the item is in the same condition as you have purchased it, and provided you have the original invoice, packaging and proof of purchase. Whether you will be refunded for your purchase, is subject to our discretion and any refund may be subject to a handling fee.
    17.6 Any orders executed in accordance with specific custom dimensions as requested by you, are non-refundable, and you will be and remain liable for such order, once same has been processed.
    17.7 Should we approve a refund; such refund will be effected in the manner of EFT, into the bank account, as per the details provided by you.
    17.8 A refund can take up to 7(seven) business days to reflect in your account.
    17.9 You are obliged to notify us in writing, within 7 (seven) days of receipt of your order, of any defects or any fault relating to the goods. In the absence of such timeous written notification, you will be deemed to have acknowledged that the goods were received in good and working order and condition, to your satisfaction.
    17.10 The seller’s liability in respect of any goods delivered which is proved to be defective, shall be limited to either replacing such article, or the refunding of the purchase price paid to the seller.
  18. RISK AND OWNERSHIP
    18.1 In the event of Topworx delivering the purchaser’s order or the purchaser collecting the order, risk in the goods ordered shall pass to the purchaser upon acceptance of the order by the purchaser, or the purchaser’s authorised representative, upon collection or delivery.
    18.2 In the event of delivery of the order being undertaken by a third party service provider, risk in the goods ordered shall pass to the purchaser upon delivery or collection of the goods by the third party service provider for dispatch to the purchaser.
    18.3 Ownership will be retained and vested in the seller, until payment has been received in full.
  19. MISCELLANEOUS
    19.1 In the event of any amount payable by the purchaser not being paid in full on or before the due date, the total amount owing by the purchaser shall immediately become due and payable. The seller shall then be entitled to charge interest on any overdue amounts at the maximum rate prescribed by any applicable legislation.
    19.2 Payment of the purchase price, or any part thereof, may not be withheld by the purchaser pending the settlement of any claims or disputes, of whatsoever nature.
    19.3 No extension of time or other relaxation or indulgence which the seller may grant to the purchaser shall in any way prejudice any of the seller’s rights hereunder, and without derogating from the generality of the aforegoing, no act of the seller in accepting an installment after the date on which such installment is due, or in accepting a lesser sum than the amount that is due, shall operate as or be deemed to be a waiver by the seller of any of its rights in terms of the agreement between the parties or a novation of any of the terms or conditions of the agreement between the parties.
    19.4 Any provision in these terms which is or may become illegal, invalid or unenforceable shall be deemed ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from these terms, without invalidating the remaining provisions of these terms.
    19.5 Should you breach any of these terms, we may, without further notice to you, terminate your access to the Website, and/or prohibit future access by you to the Website, and/or take legal action against you, without incurring any liability to you, and all of our rights in this regard are expressly reserved.
    19.6 We will not accept any orders where an inadvertent and obvious error is present in the prices of the goods or services or the description of any of the goods or services on the Website or on any promotional material, or any goods or services provided by us.
    19.7 The actual goods delivered may be subject to variations in appearance from the images displayed on the Website.
    19.8 Images of goods sold may include ancillary items, which items are sold separately and you will be required to place an additional order for such ancillary items.
  20. GENERAL DETAILS OF TOPWORX
    20.1 Website address: www.top-worx.co.za
    20.2 Full name and legal status: Topworx Postform Top Manufacturers CC Registration number 1996/063700/23
    20.3 Street address: 7 Kouga St, Stikland Industrial, Cape Town, 7530
    20.4 Postal address: 7 Kouga St, Stikland Industrial, Cape Town, 7530
    20.5 Address for receipt of legal documents and notices: 7 Kouga St, Stikland Industrial, Cape Town, 7530
    20.6 Principal place of business: 7 Kouga St, Stikland Industrial, Cape Town, 7530
    20.7 Email address: info@top-worx.co.za
    20.8 Governing terms of use: the terms as per the Website
  21. INTELLECTUAL PROPERTY
    21.1 All intellectual property rights, in all materials which form part of the Website are owned by the seller, or alternatively the seller is the lawful user thereof.
    21.2 Any unlawful use of copyrighted items displayed on the Website, is prohibited and constitutes an unlawful infringement of the intellectual property rights of the seller and/or such trademark or copyright owner.

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