In these terms and conditions, “we” “us” and “our” refers to Windell Hydroponics. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Registered and Guest Users
In order to access the products or services provided on this website, you must either become a registered user or you may place online orders as a “Guest”. In either case certain information personal information will need to be provided. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide us. By agreeing to our terms and conditions it is understood that you are familiar with; and agree to; our Privacy Policy, as mentioned above.
You agree to ensure that your details are true and accurate at all times and you undertake to update your details from time to time when they change.
We reserve the right to terminate service and registration at any time if you breach any of the terms and conditions.
Our Website Services
Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
All prices are in South African Rands (ZAR) and are inclusive of VAT. We endeavor to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
Product Descriptions
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavor to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
All prices are in South African Rands (ZAR) and are inclusive of VAT. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
Packaging and postage is an additional charge, calculated at time of purchase.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
All risk of loss or damage to the goods passes to you when we dispatch the goods. We are not responsible any way for any changes that may occur to goods while in transit due to transportation conditions and all goods received are used at your own risk.
Should you wish to opt for Carrier Insurance, please contact us before payment, via the contact page in order to arrange Insurance and payment thereof.
Shipping Charges on Orders
We try our best to provide instant shipping charges via the website ( visible as soon as shipping address has been filled in ). These charges are for domestic economy shipping via our courier service. WE DO NOT SHIP OUTSIDE OF SOUTH AFRICAN BORDERS. There are however times when the actual courier fee is far more than the amount charged by our website. This is normally due to a hefty surcharge by the courier company because they classify the area as an outlaying area. Extremely heavy or large dimension parcels may also cause a large discrepancy between the shipping amount charged by the website and the actual courier charge.
In these or similar cases, we reserve the right to place such an order on hold while notifying the client of the additional charges. The client may then cancel his/her order for a full refund, or make payment on the additional shipping charges, after which his/her order will then promptly be dispatched by us.
Order Cancellation Due To Error
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Product Returns
We undertake to replace any product delivered to you that is faulty with its warranty period according to the relevant warranty. If you wish to return a faulty product, you must notify us via email ( email to: info@hydroponic.co.za )
If we are unable at the time of return to replace faulty product, we will undertake to reimburse you for the amount initially debited for the purchase excluding packaging and postage charges.
The Electronic Communications and Transactions Act (ECT Act) will apply for goods purchased online. The ECT Act has its own consumer protection provisions, some of which will trump the CPA. For NON_FAULTY goods purchased online, clients have:
A general right to return (a “cooling off period”);
for seven regular days after delivery;
for any reason;
without penalty; but the client must pay the costs to return the goods.
Site Access
When you visit our website, we give you a limited license to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1978 you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.
Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of Western Cape and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Cape and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.