LAKATSO TERMS AND CONDITION OF SALE

These Online Terms & Conditions (this/the “Agreement”) govern the use of Lakatso Distributors SA (Pty) Ltd (“LAKATSO”) website, found at the following: URL https://www.lakatsodistributors.com (“the Website”), LAKATSO’s online system (included in the definition of the Website) & the ordering & sale of products by LAKATSO on the Website. This Agreement shall be binding & of full force & effect against every person, whether natural or juristic, including their employees & assigns (“you” or “your”), which accesses or makes use of the Website, whether you are registered or not. By your acceptance of this Agreement, through clicking where appropriate on the pop-up banner, you acknowledge that you have read & agree to be bound by this Agreement. This Agreement contains certain provisions which are emboldened in a similar manner to the text of this clause, which:

• define and limit the risk or liability of LAKATSO or a third party; &/or
• define and clarify risk or liability for you; &/or
• indemnify LAKATSO or a third party; &/or
• serve as an acknowledgment by you of a fact.

Your attention is drawn to the emboldened clauses in this Agreement because of their potential consequences. The contents of such clauses should be considered carefully, & you should only proceed to use the Website if you are satisfied with the potential consequences of agreeing thereto. Nothing in this Agreement unlawfully restricts, limits or avoids any of your rights or obligations in terms of the Consumer Protection Act.

DISCLAIMER

The use of the Website is entirely at your own risk. You assume full responsibility for any damage, risk, expenses or loss of any nature (including consequential losses or damage) resulting from the use of the Website or reliance on any information on the Website. You accordingly indemnify & agree to hold LAKATSO harmless against liability for any damage, risk, expense or loss (whether direct, indirect, special or consequential in nature), arising out of or in connection with your access of or use of, or inability to access or use, the Website &/or any content therein. Any views or statements made or expressed on the Website are not necessarily the views of LAKATSO, its directors, employees, agents &/or assigns. In addition to the disclaimers contained elsewhere in this Agreement, LAKATSO makes no warranty or representation, whether express, implied or tacit, 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, any handset or mobile device, hardware or software in any way. You accordingly accept all risk associated with the use of the Website, with specific reference to the type of malicious software described above, save where such risks arise due to the gross negligence or wilful misconduct of LAKATSO, its employees, agents or authorized representatives, the onus for proving which will rest upon you. LAKATSO shall not be held liable for any inaccurate information present upon the Website or any discrepancies in prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of LAKATSO, its employees, agents or authorized representatives.

EXTERNAL LINKS

Whilst every effort is made to include only quality, safe & relevant external links, on the Website, you are advised to adopt a policy of caution before clicking any external web links (clickable text/banner/image links to other websites) present throughout the Website. LAKATSO cannot guarantee or verify the contents of any external web links, despite its best efforts to do so. You, therefore, access on external web links present on the Website entirely at your own risk.

ADVERTS & SPONSORED LINKS

The Website may contain sponsored links & adverts, which will typically be serviced by LAKATSO’s advertising partners, which may each have detailed privacy policies relating directly to such sponsored links or adverts. Clicking on any sponsored link or adverts will redirect you to the relevant advertiser’s website through a referral program which may use cookies & will track the number of referrals sent from the Website. The system of tracking may include the use of cookies, which may, in turn, be saved on your computer’s hard drive. You should, therefore, note that you click on sponsored links &/or advert at your own risk & LAKATSO cannot be held liable for any damage, risk, expense or loss (whether direct, indirect, special or consequential in nature) caused by you visiting any website through a sponsored link or advert.

SOCIAL MEDIA PLATFORMS

Communication, engagement & actions taken through external social media platforms in which LAKATSO & the Website participate are subject to the terms & conditions & privacy policies of each social media platform respectively. You are advised to use social media platforms wisely & to communicate upon them with due care & caution, having regard to their respective privacy & personal details policies. LAKATSO will never ask for personal or sensitive information through social media platforms & encourages you to contact it through primary communication channels such as by telephone or email, should you wish to share any information personal to you. The Website may use social sharing buttons, which help share web content directly from web pages to the social media platform concerned. You are advised before using such social sharing buttons that you do so at your own discretion & risk & that the relevant social media platform may track & save your request to share a web page through your relevant social media platform account itself.

INFORMATION ON THE WEBSITE

The Website contains information on LAKATSO’s pricing & stock levels, as well as images and specifications pertaining to its products. Whilst LAKATSO does its utmost to make sure that information on the Website is completely correct, situations may arise wherein the information provided on the Website does not correlate with information on LAKATSO’s internal system. In such instances, the information present on LAKATSO’s internal system shall be considered to be absolutely correct, & will supersede any information provided through the Website. For the above reasons, any information present on the Website does not, by itself, meet the requirements for a binding quotation. Any disputes raised by you wherein a screen capture of the Website is sought to be used as the only proof of a required price, will not be accommodated. If you require confirmation of a specific price or stock level, you will be required to do so by requesting a quotation through the Website. Any information provided on an official LAKATSO quotation sent to you via the Website may be considered binding for 7 days from the date of the quote, as stated thereupon. Please note that when requesting a quote on an item where there is no stock available, depending on the new cost of the item from our supplier, it might be necessary for us to requote the price originally quoted. In these instances, we will give clear notification when a price cannot be kept at the same level as the original quote, and we will also provide a new quote to override the older one. LAKATSO takes all reasonable efforts to accurately reflect the description, images, availability & purchase prices of goods advertised on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on such error/s.

ORDER PROCESS & ACCESS TO LAKATSO CREDIT ACCOUNTS

In order to prevent fraudulent transactions, you will not be able to link your credit accounts as aforesaid or amend your account information, until LAKATSO has contacted you & attained confirmation of the proposed link. LAKATSO reserves the right to contact you by whatever means it chooses, & to request answers to certain security & identity-related questions. Your failure to correctly answer the aforesaid questions may, at LAKATSO’s sole discretion, result in you being denied access to the Website. Once your account has been linked to the Website, all transactions made using the Website will be deemed to be taken on your behalf. The onus of proving otherwise shall rest on you. You will be liable for any actions taken on the part of LAKATSO, due to activity on your account linked to the Website. LAKATSO cannot be held responsible for any fraudulent activity committed by any individual or entity which has/have logged into your account You agree that, once the correct username & password relating to your account have been entered, irrespective of whether the use of the username & password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is canceled by you in accordance with this Agreement. You agree & warrant that your username & password shall not be disclosed by you to any third party. You agree to notify LAKATSO immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username & password & to take steps to mitigate any resultant loss or harm as instructed by LAKATSO. Full support for managing online accounts is available through LAKATSO’s head office during normal office hours.

OWNERSHIP & COPYRIGHT

The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs & service marks which are displayed on or incorporated in the Website are protected by law, including but not limited to copyright & trademark law. The Website & its contents are the property of LAKATSO, & you will not, under any circumstances, acquire right & title therein or use, distribute or reproduce the contents of the Website in any way other than as intended by LAKATSO.

MODIFICATION

LAKATSO reserves the right, at its sole discretion, to modify this Agreement, at any time & without prior notice. If LAKATSO modifies this Agreement, LAKATSO will post the modification on the Website or provide you with notice of the modification. LAKATSO will also update the “Last Updated Date” at the top of this Agreement in accordance with the relevant modification. By continuing to use the Website after LAKATSO has posted a modification on the Website, or have provided you with notice of a modification, you indicate that you agree to be bound by the modified terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website

STANDARD TERMS & CONDITIONS & CONFLICTS

The contents of the Website & this Agreement shall be subject to LAKATSO’s Standard Terms & Conditions applicable to sales. In the event of a conflict between the terms of this Agreement & those contained in LAKATSO’s Standard Terms & Conditions as aforesaid, the Standard Terms & Conditions shall prevail.

COMPLAINTS

LAKATSO encourages you to file any complaints you may have regarding the Website via the “contact us” service of the Website. Currently, LAKATSO does not subscribe to any alternative dispute resolution code or mechanism.

GENERAL

This Agreement shall be subject to the laws of the Republic of South Africa. No variation or amendment of this Agreement shall be of force & effect unless reduced to writing & signed by both LAKATSO & you. Email & electronic communication are expressly excluded as falling within the ambit of the aforesaid. You may not in any way display, publish, copy, print, post or otherwise use the Website &/or the information contained therein without the express prior written consent of LAKATSO. LAKATSO will, as far as is reasonably practicable, maintain the availability of the Website, except during scheduled maintenance periods, & is entitled to discontinue providing the Website or any part thereof with or without notice to you. You may not cede, assign or otherwise transfer your rights & obligations in terms of this Agreement to any third party. Any failure on the part of LAKATSO to enforce any rights in terms of this Agreement shall not constitute a waiver of those rights. If any term or condition contained herein is declared invalid, the remaining terms & conditions will remain in full force & effect. In the event of LAKATSO instituting legal action against you arising out of your breach of this Agreement, you hereby irrevocably agree to pay to LAKATSO all costs involved in such legal action, including collection commission, on the attorney & client scale.

DISCLOSURE

IN ACCORDANCE WITH THE DISCLOSURE REQUIREMENTS OF ECTA, LAKATSO PROVIDES THE FOLLOWING INFORMATION AS A SUPPLIER: LAKATSO IS: LAKATSO DISTRIBUTORS SA (PTY) LTD, DULY REGISTERED AS SUCH IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SOUTH AFRICA, WITH REGISTRATION NUMBER: 2022/691469/07, WITH VAT REGISTRATION NUMBER: 4650307426, WITH ITS PHYSICAL ADDRESS AT 9 FELSTEAD ROAD, NORTHRIDING, FANCOURT OFFICE PARK 2162, BLOCK 4 GROUND FLOOR