GENERAL TERMS AND CONDITIONS
DEFINITIONS
1. "User" a person who uses and/or access computer Software and/or material via the www.wechsler.co.za website;
2. “Wechsler” refers to New Wechsler (Pty) Ltd trading as Wechsler- SA Cut Glass Group
3. “The Company” refers to Wechsler or New Wechsler (Pty) Ltd, the owner of the website.
4. “The Website”’ refers to www.wechsler.co.za
5. "www.wechsler.co.za" This Website, its sponsors, affiliates and creators;
6. "Software" Including but not limited to any images or files incorporated in or generated by the software or data accompanying such software;
7. "Material" Including but not limited to: text, submissions, images, audio and/or video in whole or in part; "Content" Included but not limited to software and material;
8. "Submissions" Including but not limited to notes, images, creative materials, ideas, suggestions concepts, communication including any data, questions, comments and other information submitted in the www.wechsler.co.za site via transmission by electronic mail or otherwise;
9. "Forums" Including but not limited to bulletin boards, chatrooms and other public areas found on the www.wechsler.co.za site;
INTRODUCTION
In this agreement unless it appears to the contrary, the singular shall include the plural and visa-versa, any reference to any gender shall also include the opposite gender and any reference to a natural person, shall include legal person and visa-versa.
TRADE MARK / COPYRIGHTS AND RESTRICTIONS ON USE
The Website consists of content which is derived entirely or in part from content supplied by the company and other sources. The said contents are protected under applicable South African Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and conventions.
The user may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the content, that being software and/or material; except in so far that the user may download one copy of the content on any single computer for the user's personal, non-commercial home use only; and provided that all propriety notices and restrictions attached onto the content are kept intact, unless expressly permitted by the site, or unless prior written consent from the company has been obtained. Requests for permission regarding any issue relating to the content which fall into the ambit of the limitations stated above can be made by contacting the company persons listed.
The user is also strictly prohibited from creating works, and/or software materials derived from or which are based on the contents found on this site. The prohibition applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever.
ACCESS AND AVAILABILITY OF SERVICE AND LINKS
The Website contains links to other related world wide web Internet sites. No inference can be made or representation implied that Company is connected with, operates or controls these linked web sites. Whether or not these linked sites are in fact affiliated with the Company, the Company is not responsible for the content on the aforesaid sites. The links sites are for the user's convenience only and the user's access to thereto be at the user's own risk. When visiting linked sites, the user must refer to that linked site's individual terms of use and cannot rely on the terms of this agreement.
SUBMISSIONS / BULLETIN BOARDS / FORUMS / BLOGS / USER GENERATED CONTENT
Any submissions shall be deemed to be and remain the exclusive property of the Company. The various forms of content, which are found on the website, shall be deemed to remain the exclusive property of the Company
The Company has the right, but not the obligation to monitor and review submissions submitted by users and shall not be responsible for any of the content of these messages.
The Company further reserves the right to delete, move or edit submissions that it, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise objectionable.
RULES OF CONDUCT FOR THE USER
The user with the inclusion of but not the limitation of, agrees that they will not transmit submissions to the Website that;
- Use any of the forums for illegal purposes;
- Are for purpose of spamming;
- Restrict or inhibit any other user from using and enjoying the forums;
- Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;
- Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to the Website through the forums or other user generated content avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to the Company that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;
- Contain viruses or other harmful content;
- Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.
The user agrees that all submission become the exclusive property of the Company. The user agrees that they shall be solely liable for any damage resulting from any infringement of Copyrights, Trademarks and other proprietary rights or any other damages resulting from such a submission. The user further indemnifies and holds the Company harmless against all claims for any damages whatsoever arising from the use of the Website.
DAMAGES, WARRANTY, INDEMNITY
The user expressly agrees that the use of the Website is at the users sole risk and does not guarantee or warrant;
- That the Website will be uninterrupted;
- That the Website will be fault free and that the defects will be corrected;
- That the results that may be obtained from the use or application from information gained from the Website in so far as accuracy and content of any such information is concerned;
- Any merchandise provided through the Website.
This site is provided "AS IS" and on an "IS AVAILABLE" basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non- infringement, title, security and compatibility.
The user acknowledges and confirms the Company is indemnified from, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use the Website. The user acknowledges that the provisions of this paragraph shall apply to all the contents of the Website.
The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortious action, negligence, or under any other cause of action.
If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
GENERAL
This agreement, the terms, conditions and operating rules for the Website, constitute the entire agreement between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any dispute arising here from shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa. The section headings used herein are for convenience only and shall be of no legal consequence.
The Company may at any time revise these terms and conditions by updating the postings. The user is bound by such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to which the user is bound.
The Company shall have the exclusive right to at any time change or discontinue any aspect or feature of the Website.
AGREEMENT TO AND TERMINATION OF AGREEMENT
The use of or access to this site constitutes the user's acceptance of terms and conditions hereof, which are binding on the user and take effect on a date which the user first makes use of, or access to the Website
If the user does not accept all the terms and conditions in full, the user must exit the site immediately. The Company reserves the right to at its sole and absolute discretion to terminate the agreement at any time.
After the user has exited the site as aforesaid the user must destroy all content, whether materials or software, obtained from the site and all copies thereof.
In the event of the user failing to exit the site as aforesaid the Company has the right to claim any indirect, direct, incidental, special or punitive damages caused from the user's unauthorized access and/or use of the Website. The user further indemnifies the Company against any claims for damages of whatsoever nature caused to another party by the user's unauthorized use and/or access of the sites.
STANDARD TERMS AND CONDITIONS OF SALE
a. Interest will be charged on all overdue accounts at the maximum allowable rate.
b. All goods are sold F.O.B. Johannesburg.
c. Any claim for damages or shortages must be made in writing within 7 days of receipt of goods.
d. Ownership of goods delivered will not pass until full payment has been made.
e. I undertake to pay all legal expenses incurred in connection with the recovery of any account due by me, including all collection charges, as between Attorney/debt collector and client which may be payable in respect of the collection of such account.
f. Orders cancelled without a valid reason will incur a 10% handling fee.
Orders
The website allows a person (“user”) to place electronic orders ("order") for one or more products on offer as long as such products are available and not sold out.
A purchasing contract ("sale") between the user and the Company shall be complete only once the user has placed an order, the order has been invoiced and delivered, and payment has been received in full, in accordance with the account terms and the payment has been processed fully, meaning the Company has received and accepted the payment.
Payment
Payment must be made via Electronic Transfer (EFT) to our nominated bank account and in accordance with the account payment terms.
Availability
The Company will make all reasonable attempts to ensure that product availability on the website shall be accurate and up to date.
If it happens that the Company is unable to fulfil any order at the advertised price because stock is sold out or unavailable, the Company will let advise you and you'll be entitled to a reimbursement for the rand value if you have paid for such product.
Termination of Suspected Fraudulent Orders
The Company reserves the right to cancel or refuse to fulfil any order that it suspects of being fraudulent.
Products and Delivery
Please note that actual delivery times may vary slightly and are estimation only. Please see our Delivery Policy for more information.
Returns & Refunds
Defective Items, Returns and Reimbursement Claims
If you are dissatisfied with your purchase due to a defect, incorrect product received or other reason, you may return it, once authorisation has been received, to the Company within 10 days of delivery.
You will either receive a refund or an account credit, or have the product repaired or replaced, depending on the situation.
• Any claim for damages or shortages must be made in writing within 7 days of receipt of goods
• Such notification must be sent to claims@eetrite.com
Cancellation Policy
• Orders cancelled, that have been delivered, will incur a 10% handling charge
• The Company reserves the right to refuse the cancellation of the orders
• Orders placed by customers who have a payment in advance account (PIA) need to be settled within 7 days from receipt of the pro-forma invoice. Orders for which payment has not been received shall be cancelled and the account blacklisted.
Refunds
All credits on the account arising from shortages, claims, pricing and overpayments shall be refunded to the client upon the Company receiving a formal request in writing noting the amount to be refunded per the clients records and the banking details to which the refund must be paid.
GENERAL CONDITIONS
Service Disruption
The Company reserves the right to limit or discontinue the functionality of the site. While we strive to be online continuously, we cannot exclude cases in which the webpage may be unavailable. In rare cases this may cause data loss.
The Company cannot be held liable for cross-browser incompatibilities that cause checkout failures. We recommend that you browse with Google Chrome, Safari or Firefox.
Intellectual property
The Company and participating vendors retain all copyright and other rights to services, as well as listings, information, images, videos, and databases (the "Property Protection").Any modification, reproduction, publication, disclosure to third parties and / or exploitation of the protected property without the prior written consent is expressly prohibited by the Company
The Protection of Data
Please see our Privacy Policy for more information on the policy of protecting user data and privacy.
Termination/Cancellation of Orders
The Company reserves the right to cancel or refuse to fulfil any order it suspects of being fraudulent. This includes but is not limited to instances of suspected stolen credit cards and abuse of referral programme incentives. On occasion, a Client Concierge may request a copy of your official identification document or the front of your credit card to verify the transaction with the relevant bank. The Company may also refuse to refund you on the basis of transaction being suspected as fraudulent - you may then initiate a chargeback process from your bank if you wish to receive a refund.
Changes in General Conditions
The Company reserves the right to revise these terms from time to time. If you disagree with the general terms we do not recommend use of our service. You will be required to accept the T's & C's every time you transact on our website.
PRIVACY POLICY
1. "User" a person who uses and/or access computer Software and/or material via the www.wechsler.co.za website;
2. “Wechsler” refers to New Wechsler (Pty) Ltd trading as Wechsler- SA Cut Glass Group
3. “The Company” refers to Wechsler (Pty) Ltd, the owner of the website.
4. “The Website”’ refers to www.wechsler.co.za
5. "www.wechsler.co.za" This Website, its sponsors, affiliates and creators;
6. "Data" means any data (including Personal Information) provided to www.wechsler.co.za by a User;
7. "Personal Information" Including but not limited any Data or information about an identifiable User, including an email address;
INTRODUCTION
The Company wants to help you maintain your privacy on the Internet and has formulated this Privacy Policy to explain how the website collects Data and for what purposes.
In this agreement unless it appears to the contrary, the singular shall include the plural and visa- versa, any reference to any gender shall also include the opposite gender and any reference to a natural person, shall include legal person and visa-versa.
The Website uses cookie technology. Cookie technology consists of trace elements of data that is stored on the User’s computer's hard drive and which contains information about the User, so that next time the User visits the site the Cookie recognises the User’s prior visit.
COLLECTION OF DATA
If a User registers with the website by completing a submission form, including but not limited to a newsletter registration form, an information enquiry form or a registration to gain access to a password protected zone, a User is not anonymous to www.wechsler.co.za. For the purposes of online purchasing, a User may also be prompted to provide necessary Personal Information to process a credit card or PayPal payment.
Information collected by the Company is stored in a secure operating environment that is not available to the public.
If a User does not wish to submit any personal identifying information, the User should not submit any information within submission form fields on the website.
The Company does not have any motive or intention to gather contact Data of visitors who are under the age of 13 and would prefer that parental Data be supplied instead on behalf of a child under the age of 13.
It is the nature of the Internet and websites that by default it records User information on its servers, traffic reports from the browser which the User is using to, including an IP address and which web pages were visited.
USE OF DATA
Users of the Website understand and agree that in order to offer certain services or functions, the website must collect and use personal information about Users.
The Website may send to a User messages by Email and/or SMS regarding their account.
It is an optional condition of a User submitting Data that Users agree to receive future Promotional messages by Email and/or SMS or to Opt-out from future communications. A User can choose to opt-out of promotional messages at any time by contacting the Company or following the unsubscribe link or instructions on the future communication.
The Website uses cookie technology and generates and saves User and session ID’s to the User’s Internet browser and computer to track and analyse website usage of the User. This is done to be able to identify any technical problems with the workings of website and to correct these to ensure a better online experience for the User.
AUTHORISED ACCESS TO DATA
The Company may disclose information to any authorized official if required to do so by law or if it is required to protect the safety of other Users or the public, or if it believes that such action is necessary to protect and defend its rights or properties.
The Company will not sell, rent, share, or distribute Personal Information to any entity other than 3rd parties which are vital in the administration and the supply of goods or services that have been requested by the User, including but not limited to: hosting service providers, web administrators and online purchase and delivery service providers.
The Company may need to share Data with employees and employees of 3rd parties that require access to the Data to perform their day-to-day functions for the Company
The Company may disclose anonymous demographic and biometric statistics about the Data within the database for business purposes.
In the event of the Company changing ownership to a new entity, it may transfer its rights to the Data to the new owner. The new owner is required to notify each User of the transfer and the User may choose to modify its Personal Data at that time or choose to remove it.
SECURE STORAGE OF DATA
Information collected by the Website is stored in a secure operating environment that is not available to the public.
All Data is available only to the User and those authorized employees to whom the Company has granted permissions by issuing a username and password.
It is the responsibility of each User to maintain the confidentiality and security of their password and to alert the Company or reset their password if compromise of security is suspected.
Any unauthorised use of the Company systems and attempts to access Data without express authorisation is a violation of the Agreement, the act of which is prosecutable by Law.
EDITING OR REMOVING DATA
A User is able to update or remove the Data they have submitted the Company, either by logging in or by contacting the company. User updates or removal will reflect in the Company’s active database, but the Company may retain Data in backup files and archives or to prevent a User from being accidentally re-added to the database after they have expressly unsubscribed.
LIMITATION
The Company has no control over information or privacy policies of 3rd party websites hyperlinked to the website. These 3rd party links are being provided for the convenience of the Users of and does not endorse and is not responsible or liable for the content, nature or reliability of any linked website or any link contained in a linked website. The Company takes no responsibility for monitoring, updating, supplementing or correcting any information on any linked website and makes no representation or warranties regarding such information. Please be aware that in linking to these outside websites, Users are leaving the Website and that the Company is not responsible for the content of any other site.
ENQUIRIES
Any questions or concerns related to should be directed to the contact person listed on www.wechsler.co.za.
Aside from the ownership of the Eetrite Homeware and Tandy Barware brands,
the business also distributes on behalf of international principals and provides private label solutions to its broad range of clients.