Terms & Conditions
Welcome to 2ndcd.co.za Internet Website (“the site”). The site is owned and managed by 2ndcd.co.za in the Republic of South Africa.
This agreement is a legal agreement between any person who uses and purchases goods from this site.
The terms and conditions set forth herein may be changed by 2ndcd.co.za in the future. Any changes will be effective immediately upon being posted on this site.
Products offered and the main business conducted on the site includes the sale of transformed furniture and décor items. We may at any time change or add to the products provided on the site in our sole discretion.
THE SALE PROCEDURE
The items in our catalogue on the site will be available for purchase subject to the terms herein. Prices are in South African Rands in which currency all payments must be made.
Note: All items are strictly subject to availability.
AUTHENTICITY GUARANTEES AND LIMITATION
ALL FURNITURE AND DÉCOR ITEMS ARE SOLD AS IS.
It is a condition of this site that the sale of any item shall be subject to the following specific warranties being given by 2ndcd.co.za.
That the description of the item for sale is substantially correct.
Save as set out herein all items on the site shall be sold on an “as is” basis only and neither 2ndcd.co.za, any agent or employee thereof has made any representations or given any warranties or undertakings, express or implied (whether in terms of this agreement or otherwise) to any person with respect to such item, including without limitation, its suitability, fitness for purpose, state and condition, quality, rarity, importance, historic relevance or significance or otherwise.
In particular users are required to note that whilst reasonable efforts are made to ensure the accuracy or description of the items listed on our catalogue, no warranty, express or implied is given by 2ndcd.co.za to the authenticity, attribution, genuineness, origin, age, condition or quality of the goods. Any description of the goods which may be provided by us represents our insights and opinion and is not be regarded as or taken to imply a statement or representation of fact.
Payment options accepted:
Payment may be made via Visa and MasterCard. Payment may also be made by EFT.
Card acquiring and security:
Card transactions will be acquired for 2ndcd.co.za via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details:
Customer details will be stored by 2ndcd.co.za separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
Merchant Outlet country and transaction currency:
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
2ndcdc.co.za takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
EFT/Direct Transfer – Our bank details are as follows:
Second Chances Décor
Account number: 1208816934
Branch code: 13451200
Proof of payment to be sent to firstname.lastname@example.org
Other methods can be made by prior arrangement.
By submitting your order and credit card details you warrant that you are authorised to make payment with the card and that there are sufficient funds available to pay the order.
Bank clearance and other charges where applicable will be added to the amount payable by the purchaser, as well as courier charges for delivery in and outside of South Africa. Where these are only made after invoicing, you will pay the balance once this has been charged.
The purchaser shall be responsible for valid chargebacks to your credit card plus any amounts paid by us in accordance with such chargebacks due to fraud, dissatisfaction was otherwise. We shall be entitled to set off any chargebacks against any payments
Once 2ndcd.co.za has received payment and same has been cleared where applicable, the items will be dispatched pre-insured by courier within 10 (ten) business days, unless otherwise agreed in writing by the parties, and subject at all times to availability.
The purchaser shall be obliged to pay any costs of export and import including without limitation any state or custom duties or fees and any costs for permits and consents
Shipment costs for deliveries in and outside South Africa will be provided. The purchaser may elect to arrange for Collection of Goods from Hermanus at their own cost and at their own risk.
The good shall be delivered to the address provided by the purchaser in the registration process. If there are to be delivered to and address other, then that stated in the registration the good shall be delivered to the alternative address at the purchaser’s risk.
Any person who receives the goods at the address is conclusively presumed to be authorised to accept delivery on your behalf.
All risk in and to the good shall pass to the purchase upon conclusion of the sale.
If the product being sent to or collected by 2ndcd.co.za differs from description provided in any way and an exchange is not agree upon, the sender will be held liable for any costs in returning the furniture and decor items. If 2ndcd.co.za arranges the collection of an item and the customer then decides not to fulfil the agreement, then the customer will be held liable for any transportation costs incurred.
Under no circumstances will we accept returned goods where the PURCHASER found that the item does not suit their needs, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.
Returned goods need to be inspected by a person with relevant specialist knowledge before a decision is made as to how the return will be handled. Items cannot simply be swapped out before this procedure has been followed and fault has been identified.
Second-hand goods are sold “as is” and no return of them is possible for any reason whatsoever.
Ownership of the goods only pass to the purchaser on receipt of payment of the full purchase price.
LIMITATION OF LIABILITY
2ndcd.co.za shall under no circumstances whatsoever, including as a result of its negligent (including grossly negligent) acts or omissions or those of its directors members employees agents or other persons for whom in law it may be liable (in whose favour this constitutes a stipulatio alteri), be liable for any direct indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by the purchaser arising from the use of the site.
2ndcd.co.za, it’s directors, members employees’ agents’ representatives of affiliates and suppliers shall not be liable for any loss, damage (whether direct indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable directly or indirectly to the use of or reliance upon the site (including any information contained therein) or the Internet.
Notwithstanding any provision to the contrary contained in these terms and conditions and without limitation or prejudice to any other limitations or exclusions of liability, 2ndcd.co.za aggregate liability shall in no circumstances whatsoever exceed the purchase price, without interest, paid to the purchaser for the goods.
2ndcd.co.za retains all copyright in all material, including logos and other graphics which form part of the site, save in respect of those trademarks, trade names and logos owned by others.
The lawful trademark and all copyright owner (if applicable) is strictly prohibited and constitutes an unlawfully infringement of the intellectual property rights of 2ndcd.co.za and all such trademark and or copyright owner.
External hyperlinks may be provided on the site. You shall not interpret such hyperlinking as constituting any relationship between 2ndcd.co.za and any linked third party or any endorsement by 2ndcd.co.za of such third party and use of or reliance on any external links provided is at your own risk.
Advertising and other promotional material will appear on the site from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between 2ndcd.co.za and any third party placing such advertising or promotional material on the site or any endorsement by 2ndcd.co.za of such third party and use of or alliance of on any such material is entirely at your own risk.
The content contained on the site may be used by you for your own personal, non-commercial use and information purposes only.
You expressly agree that use of the sites or the Internet is entirely at your own risk. The site and its contents are provided on an “as is” and “as available” basis only and makes no representations or warranties of any kind, express or implied, with respect to the site or its contents or with respect to any information, services and goods provided through or in connection with the site. 2ndcd.co.za disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services and the warranties of merchantability or fitness for a particular purpose or information, goods or services
2ndcd.co.za does not warrant that the functions provided the site by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from violent viruses or other harmful components.
2ndcd.co.za may, in its sole discretion, change this agreement or any part thereof at any time without notice. Any such variation will become effective on the date upon which the offer is published on the site. Each time you access the site and in particularly before each auction, please check the terms and conditions. Should you use the site at any time after such changes, you shall be deemed to have accepted such amended terms and conditions.
2ndcd.co.za reserves the right to suspend or terminate your use of the site for any reason with or without notice to you
2ndcd.co.za shall not be responsible for any breach of this agreement caused by circumstances beyond its control
If any provisions (or part thereof) contained in the terms and conditions is invalid, illegal or unenforceable in any respect, the validity legality or enforceability of the remaining provisions (or part thereof) contained herein shall not in any way he affected or impaired thereby.
The terms and conditions shall be binding on and enforceable against the estate the executor’s administrators’ trustees’ liquidators or assigns of the parties as fully and effectively as if they had been party to these terms and conditions in the first instance and reference to any person shall be deemed to include such person’s estate his executor’s administrators’ trustees’ liquidators or assigns as the case may be.
This agreement constitutes the agreement between the parties relating to the subject matter hereof
This website is governed by the laws of South Africa and 2ndcd.co.za chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Cookie/tracking technology the site may use cookie and tracking technology depending on the features offered. These are useful for gathering it information such as browser type and operating systems and the numbers of visitors. This also assists in evaluating how the site is used and assists in customising same. Personal information will not be collected in this manner. However, any personally identifiable information provided previously by yourselves may be tied to cookies. Aggregate cookie and tracking information will not be shared with third parties. However, we may share information government agencies all other persons assisting in fraud prevention or investigation. Any information received by us in this regard will not be used for marketing purposes
Without limitation to the foregoing, when you choose the accept button, you agree to be bound by these terms and conditions including all special notices, the privacy and security policy and all other policy procedures and guidelines incorporated herein by reference.