Standard Terms and Conditions of Sale

1.THESE TERMS SUPPLEMENTED BY TERMS ON INVOICE/DELIVERY NOTES
The Applicant by his/her/its signature accepts the Creditor’s terms and conditions of sale as read with the Creditor’s invoices/delivery notes notwithstanding that the Applicant’s order/s and invoices and/or terms and conditions of trade incorporates any other terms and/or conditions and the Applicant’s said terms are hereby expressly excluded from any agreement of sales concluded or to be concluded or between the Applicant and/or Creditor.

2. CREDIT FACILITIES
The purchase price for the goods shall be paid by the Applicant in cash without deduction or set off direct to the Creditor in accordance with the credit terms extended by the Creditor to the Applicant in accordance with the Credit Application Form, to which these Standard Terms of Sale are annexed, all of which are material terms and conditions to this agreement, and if not paid by the due date, the Applicant shall be liable to pay interest on the amount outstanding at the statutory prescribed rate in accordance with the Prescribed Rate of Interest Act and per regulation as published in the Government Gazette from time to time, calculated monthly from the date that same became due to the Creditor to the date of payment thereof.

3. CONDITIONS OF DELIVERY
Time shall not be of the essence insofar as an accepted order relates to deliveries, and the Creditor does not guarantee delivery of the goods on any specific date. If the Applicant defers and/or postpones delivery when the Creditor is ready to deliver the goods and/or tenders delivery or if the Creditor at the request of the Applicant shall in respect of any order for goods which are to be delivered at a specific rate over a period, postpone delivery, payments must be made by the Applicant to the Creditor as if the acceptance had not been deferred or delivery had not been postponed, and in addition hereto the Applicant shall be liable for all costs of storage and insurance pertaining thereto.

4. LIMITATION OF LIABILITY
If the Creditor cannot deliver some or all of the goods for any reason beyond the Creditor’s control, including and without being limited to lack of instruction/s from the purchaser, stock shortage/s, industrial dispute or breakdown, government action, state of war, riot, civil disturbance or any other act of God, the Creditor may in its sole discretion, cancel the whole or any part of the agreement forthwith. In the event of such cancellation, the Creditor shall not be liable to the Applicant for any loss and/or damage whether in contract or whether in delict, (including without being limited thereto, any loss of profits) thereby caused. The Creditor shall under no circumstances whatsoever be liable to the Applicant for any loss and/or damage [consequential or otherwise] as a result of any act or omission on the Creditor’s behalf howsoever arising and the Applicant indemnifies the Creditor against any claim in this regard whatsoever.

5. RESERVATION OF OWNERSHIP
Ownership in and to any goods and/or products sold by the Creditor to the Applicant shall remain vested in the Creditor until the full purchase price in respect thereof has been paid for in full. Until payment in full of the purchase price, ownership under no circumstances whatsoever will pass from the Creditor to the Applicant. Notwithstanding the aforegoing, all risk of loss and/or damage in or to any goods and/or damage in or to any goods and/or products sold by the Creditor to the Applicant shall pass to the Applicant after the goods have been loaded onto any vehicle delivering same to the Creditor’s premises.

6. LIMITED WARRANTY
The Creditor furnishes with its goods/products its standard guarantee for the same and no other guarantees, warranties or representations of whatsoever nature will be made by the Applicant to the Creditor in respect of such goods/or products in any guarantees, warranties or representations or otherwise not reflected therein whether at common law or otherwise are hereby expressly excluded.

7. INDEMNITY
The Applicant hereby indemnifies the Creditor against all or any claims of whatsoever nature, which may be made against the Creditor by any person/s whomsoever whether in contract and/or delict and whether for loss of profits, damages to person or property, loss of life and/or limb and/or otherwise of whatsoever nature and howsoever arising. This indemnity shall include the payment by the Creditor of legal fees to its attorneys on an attorney and client scale in contesting any such action.

8. SUSPENSION AND CANCELLATION IN EVENT OF NONPAYMENT
Notwithstanding anything herein contained to the contrary, the Creditor shall be entitled to suspend, delay and/or cancel delivery of all or any goods ordered by the Applicant and/or vary the terms and conditions of payment hereof by insisting upon advanced payments for any goods sold and delivered by the Creditor to the Applicant in the event that the Applicant falls into arrears with its account with the Creditor and/or is insolvent and/or is unable to pay any of its debts and/or seeks to effect any compromise with any of its creditors and/or compound any of its debts and/or is placed under an order of sequestration, judicial management and/or liquidation (whether provisional or final) and/or is subject to any resolution passed to enable the Applicant to be wound up and/or dissolved and/or is in breach of any one or more of its obligations to the Creditor in terms of this agreement. No suspension, delay and/or cancellation as a result of any of the aforegoing events shall novate or waive any of the other rights which the Creditor may be entitled to in law in terms of this contract or otherwise. The credit facilities awarded to the Applicant in terms hereof may be withdrawn by the Creditor at any stage without notice to the Applicant.

9. EXCLUSIVITY AND NON-VARIATION
The terms and conditions contained in this credit application form and/or standard terms and conditions of trade, shall constitute the entire agreement between the Creditor and the Applicant and no variation, amendment, consensual cancellation or otherwise shall be of any force or effect unless agreed to by both the Applicant and the Creditor in writing and signed by both parties.

10. NO NOVATION
No indulgences, latitude, extension of time or the like granted by the Creditor to the Applicant shall in any way whatsoever constitute a novation or waiver of any rights which the Creditor may have against the Applicant nor may it operate as an estoppel against the Creditor.

11. SOUTH AFRICA LAWS APPLICABLE
This agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

12. CERTIFICATE OF INDEBTEDNESS
The Applicant confirms that a certificate signed by the Credit Manager or any Member of the Creditor showing the amount owing by the Applicant to the Creditor shall be sufficient proof that the said amount is due, owing and unpaid and shall be satisfactory proof of what is contained therein for the purpose of any action (whether by way of provisional sentence, summary judgment or otherwise) proof of the debt on insolvency or for any purpose whatsoever. Where the quantum of the Creditor’s claim is thereafter disputed by the Applicant, the Applicant shall bear the onus of proving that such amount is not owing and/or due and/or payable.

13. WHOLESALE PRICE
Wholesale price only applies if customer purchases minimum order quantity of full sealed master box, either in 48 units or 24 units, depends on item; or if customer purchases minimum order value of R3000.00, excluding vat per single order.

Ownership and Copyright
• The content of our website E-Shop Direct, including any material, information, data software, icons, text, graphics, layouts, images, trade names, logos, designs, photo displayed are protected and may not be used without authorization.

Customer Privacy
This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).

Crystal Direct Trading (Pty) Ltd knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly.

This policy describes the types of personal information that we may collect about you, the purposes for which we use the information, the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy.

As used throughout this policy, the term ” the Company, “us” or “we” refers to Crystal Direct Trading (Pty) Ltd and its affiliates in South Africa and worldwide.
By engaging with us, you are accepting and consenting to the practices described in this privacy policy.

Personal Information
Any personal information provided to or gathered by the Company is controlled by us. Our physical, postal telephonic and electronic addresses are as follows:
Crystal Direct Trading (Pty) Ltd
Section 10-11, Prestige Place, Henry Vos Close, Asla Business Park, Strand, 7140
Landline: + 27 (0) 21 854 4040
Email: info@crystaldirect.co.za
Reg N: 2006/027975/07 VAT: 4430232555

What personal information do we collect?
The information we collect from you from any forms you may complete or via our website may include:

  • Contacting us via our Website or otherwise: When you use the website (our “Site”) or contact us by post, telephone, fax, email, or other electronic communication, we collect, store and use certain personal information that you disclose to us. This includes details such as your name, address, telephone, fax, email and mobile phone number as well as traffic data, location data, web logs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. If you contact us, we may keep a record of that correspondence. It is expressly prohibited for any person, business or entity to gain unauthorised access to any page on our Site or to deliver or attempt to deliver any unauthorised, damaging or malicious code thereto.

What do we do with personal information collected from you?

We use personal information to provide the services and products you request from the Company such as:

Invoicing / contractual agreements
In addition, we use this information to improve our customer services platform, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf. The Company retains the copyright in databases of personal information of our customers and website users.
We also use your details to send you newsletters and promotions, and to conduct online surveys or surveys by telephone and other communications via email, electronic messaging services, telephone or post. We will not engage in the practice of direct marketing by means of unsolicited electronic communications unless you are already a customer of the Company or have given your consent to such processing.
If you apply for employment at the Company, we use the personal information you supply to process your job application.
Other than as set out in this privacy policy we will not share your personal information with third parties for marketing or any other purposes without your consent, unless we are required to do so by law.

What about Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser and to automatically collect information from your computer such as your IP address and other details about your computer which are automatically collected by our web server, operating system and browser type, for system administration and to report aggregate information to us. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
The “Help” menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. However, because cookies allow you to take advantage of some of the Company’s essential features, we recommend that you leave them turned on. If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.

Does the Company share the information it receives?
Information about our members is an important part of our business and we do not sell it to others. The Company shares customer information only as described below.

  • Third Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, and providing marketing services. Third party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this privacy policy and as permitted by South African data protection legislation.
  • Business Transfers: As we continue to develop our business, we might sell or buy or subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that the Company or substantially all of its assets are acquired, personal information will of course be one of the transferred assets.
  • Protection of the Company and others: We release account and other personal information when we believe that such a release is appropriate to comply with the law; enforce or apply our customer or other agreements; or protect the rights, property or safety of the Company, our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this privacy policy. With your consent, other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

How secure is information about me?
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. Customers and website users where necessary, and whether applicable now or in the future undertake not to use any username or passwords relating to any other person.

  • Cross-territory transfer of information: We may need to transfer your personal information to another country for processing or storage. We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to
  • Storage of data: We retain your personal data only for the period necessary for the purposes set out in this Policy or in accordance with the provisions of any applicable legislation.

What choices do I have?

  • You have the right to request a copy of the personal information we hold about you or to object to the processing of personal information held about you. To do this, contact us at the numbers/addresses listed earlier and specify what information you would like. We will take all reasonable steps to confirm your identity before providing details of your personal information.
  • You can always choose not to provide information. If you do not want to receive e-mail or other electronic communications and mail from us, tick the opt-out box in your terms and conditions or let us know in writing if you don’t want to receive these offers. However, please note, if you do not want to receive legal notices from us, such as this privacy policy, those notices will still govern your use of the Company services and products and it is your responsibility to review them for changes.
  • You have the right to ask us to update, correct or delete your personal information. You may do this by contacting us at the numbers/addresses provided earlier. We will take all reasonable steps to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate. Please update your information by contacting us at the numbers/addresses provided earlier whenever your details change.

Please note that we may amend this Policy from time to time.

Notices and Revisions
If you have any concern about privacy at the Company, please e-mail us a thorough description and we will try to resolve the issue for you. Our business changes constantly and our privacy policy and our website terms and conditions will also change from time to time. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account. However, we stand behind the promises we make and will never materially change our policies and practices to make them less protective of member information collected in the past without the consent of affected members.

Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to the Managing Director/Information officer.

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