Terms of service

Introduction

This website can be accessed at wonderflooring.co.za and other related mobi-sites the (“Website”) and is owned and operated by WONSTEP (Pty) Ltd t/a wonderflooring.co.za (Registration number 2016/057890/07) with its domicilium citandi et executandi situated at 24 Western Boulevard City West Johannesburg (collectively, “wonderflooring.co.za” “we”, “us” or “our”).

The Website Terms and Conditions (“Terms and Conditions”) shall regulate the ordering, sale and delivery of goods, and the use of the Website.

The Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read, understood and accepted to be bound by these Terms and Conditions.

The Website enables you to shop online for an extensive range of goods which may include carpets, artificial turf, vinyl flooring, laminated flooring, tiles and many more products (“Goods”).

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (the “CPA”).

These Terms and Conditions contain provisions that:

may compel the user to indemnify wonderflooring.co.za; and/or

may create risk or liability for the user; and/or may limit the risk or liability of wonderflooring.co.za; and/or

serves as an acknowledgment, by the user, of a fact.

The registered user’s attention is drawn to these Terms and Conditions set out below because they are important and should be carefully noted and understood.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask wonderflooring.co.za to explain it to you before you accept the Terms and Conditions or continue using the Website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or wonderflooring.co.za in terms of the CPA.

You have been allowed by wonderflooring.co.za to use this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. Should you not agree to the Terms and Conditions, you may not use this website.

Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference which means that it forms part of these Terms and Conditions.

Registration and use of the Website

Only registered wonderflooring.co.za users may order Goods on the Website.

To register as a user, you must provide a username and password and provide certain information and personal details to wonderflooring.co.za. You will need to use your username and password to access the Website in order to make any purchase.

You agree and warrant that your username and password shall:

be used for personal use only; and

not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which your access will be denied.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

You agree to notify wonderflooring.co.za immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any manner use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

You may not use the Website to distribute material information, which is defamatory, offensive, contains or amounts to hate speech or is otherwise contrary to law.

You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without express prior written consent of an authorised Company representative.

Conclusion of Sales, availability of stock and colours

Registered users may place orders for Goods, which wonderflooring.co.za may accept or reject. Whether or not wonderflooring.co.za accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by wonderflooring.co.za for the Goods.

Wonderflooring.co.za have made every effort to ensure that the display is as accurate as possible, the colours of our products that appear on the Services. However, as the actual colours you see will depend on your own display and we cannot guarantee that your display of any colour will be accurate.

Registered users must ensure that they understand the goods and its description and purpose prior to the purchase. Should they not understand the goods, its description and purpose, they may contact wonderflooring.co.za under clause 20.

Wonderflooring.co.za will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and wonderflooring.co.za into effect (the “Sale”). This is regardless of any communication from wonderflooring.co.za stating that your order or payment has been confirmed. Wonderflooring.co.za will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

The registered user may place an order for a customised item, but a deposit shall be required and shall be determined on the costs of the customised item. As soon as the deposit is received, the item shall set into production. Once the customised item is ready, wonderflooring.co.za shall request the remaining amount of the purchase price of the customised item to be paid, thereafter the customised item shall be couriered to you. Customised item/s cannot be returned or refunded, unless there is a defective on our part. Should you wish to cancel your customised item before completion, we shall refund you the deposit paid. Note that customised orders shall not be subject to the standard delivery times of goods.

Orders may not be cancelled after receipt of payment of the Goods by wonderflooring.co.za. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.

Placing Goods in the purchasing basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold wonderflooring.co.za liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by wonderflooring.co.za, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. If Goods are no longer available after placing an order, wonderflooring.co.za will notify you and you will be entitled to a refund of the amount paid by you for ordered Goods.

Price and Payment

All prices of the Goods are inclusive of VAT (where applicable) and shall exclude delivery and installation costs.

Prices may change at any time at wonderflooring.co.za’s sole discretion, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.

VAT shall be shown at the checkout.

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

Payment can be made for Goods via:

credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

Instant EFT via Payfast;

Mobicred;

Zapper;

Payment in our store – by means cash or credit/debit card or EFT.

You may contact us via email at info@wonderflooring.co.za to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.

Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Delivery of goods and ownership

Delivery to carrier shall mean delivery to Customer, and thereafter risk of loss or damage shall pass to Customer. Any claim of Customer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Customer against wonderflooring.co.za for shortage or damage occurring prior to such delivery to carrier must be made within 10 (ten) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from wonderflooring.co.za in the condition claimed. Notwithstanding passage of the risk of loss to Customer, title and right of possession to the goods sold hereunder shall remain with wonderflooring.co.za until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made in cash, and Customer agrees to do all acts necessary to perfect and maintain such right and title in wonderflooring.co.za

Wonderflooring.co.za provides two methods of delivery of Goods to its registered users, which are as follows:

via couriers; and

In-store collection.

Delivery fees are based on the weight of the total goods ordered. These fees are displayed in the delivery cost upon checkout. Additional delivery volumetric costs are broken down below:

Weight (kg) and delivery cost

0 – 2 kg – R99.00 (Ninety Nine Rand)

3 - 5 kg: R299.00 (Two Hundred and Ninety Nine Rand)

If > 5 kg: + R499.00 (Four Hundred and Ninety Nine Rand)

If > 500kg: wonderflooring.co.za shall reserve the right to provide a delivery quotation sha within 24 (twenty four) hours from order date.

Where it accepts your order, wonderflooring.co.za will deliver the goods to you as soon as reasonably possible, but no later than 30 (thirty) business days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 10 (ten) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price of the goods ordered.

We do not guarantee exact delivery times, however, we can assure you that your delivery will be strictly monitored until it reaches you.

We are not responsible for any delays due to issues that may arise from any of the lists items under clause 20 of this terms and conditions.

Installations

Should you elect for wonderflooring.co.za to install your purchased product, the installation amount shall be provided at the checkout. Our installation team shall attend to install the product at the delivery address and shall advise you as to the estimated time of installation.

Wonderflooring.co.za, ensures that all products and installations of all products are in compliance with the standards and regulations of SABS.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding the registered user for any amount already paid, or otherwise as set out in the Returns Policy.

Privacy policy

We respect our registered user’s privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

Changes to these terms and conditions

Wonderflooring.co.za may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to frequently check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our employees or directors electronically in accordance with our privacy policy as set out in clause 9 above.

Ownership and copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of wonderflooring.co.za, its advertisers and/or sponsors and/or is licensed to wonderflooring.co.za.

You will not acquire any right, title or interest in or to the Website or the Website Content.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at +2711 291 8000 or +2778 696 6337 or e-mail info@wonderflooring.co.za

Where any of the Website Content has been licensed to wonderflooring.co.za or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Disclaimer

The use of the Website is entirely at your own risk and you shall accept full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

Wonderflooring.co.za takes reasonable measures to ensure that the content of the Website is accurate and complete, wonderflooring.co.za makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

Wonderflooring.co.za disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of wonderflooring.co.za, its directors, employees and/or agents.

Wonderflooring.co.za also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of wonderflooring.co.za, its employees, agents or authorised representatives. Wonderflooring.co.za thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Linked third party websites

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and wonderflooring.co.za is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Limitation of liability

Wonderflooring.co.za cannot be held liable for any inaccurate information published on the website and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or wilful misconduct of wonderflooring.co.za, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@wonderflooring.co.za or by contacting +2711 291 8000 or by Whatsapp message +2778 696 6337.

Wonderflooring.co.za shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

You hereby indemnify wonderflooring.co.za against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

Availability and termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

Wonderflooring.co.za may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that wonderflooring.co.za will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 10 (ten) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that wonderflooring.co.za may have against you.

Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and wonderflooring.co.za, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this clause 17 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

Wonderflooring.co.za hereby chooses 24 Western Boulevard, City West, Johannesburg, Gauteng as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Wonderflooring.co.za may change this address from time to time by updating these Terms and Conditions.

You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving wonderflooring.co.za not less than 7 (seven) days’ notice in writing.

Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

by hand will be deemed to have been received on the date of delivery;

by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

by telefax before 16:30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16:30 or on a day which is not a business day will be deemed to have been received on the following business day; and

by email will be deemed to have been on the date indicated in the “Read Receipt” notification. all email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.

Wonderflooring.co.za’s information

For the purposes of the ECT Act, our information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: Wonstop (Pty) Ltd t/a wonderflooring.co.za (Registration number 2016/057890/07).

Main business: Online retailer

Physical address for receipt of legal service (also postal and street address): 24 Western Boulevard City West Johannesburg, Gauteng.

Office bearers: Nabeel Thokan

Phone number: +2711 291 8000

Whatsapp: +2778 696 6337

PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act may be downloaded from here. Third-Party Sellers' information is available in the relevant Product listing and/or via the customer support centre contactable via our Help page.

Events beyond control

Wonderflooring.co.za will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

Strike, lockout or other forms of protest.

Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster.

Inability to use trains, ships, aircrafts, motorized transport or other means of transport, public or private.

Inability to use public or private telecommunication systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Terms or other contracts despite the situation of Force Majeure

General

Wonderflooring.co.za may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or wonderflooring.co.za to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latit9ude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

These Terms and Conditions contain the whole agreement between you and wonderflooring.co.za and no other warranty or undertaking is valid, unless contained in this document between the parties.