Privacy policy
We collect information about you during the checkout process on our store.
What we collect and store
While you visit our site, we will track:
• Products you have viewed: we will use this to, for example, show you products you’ve recently viewed
• Location, IP address and browser type: we will use this for purposes like estimating taxes and shipping
• Shipping address: we will ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!
We will also use cookies to keep track of cart contents while you are browsing our site.
When you purchase from us, we will ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We will use this information for purposes, such as, to:
• Send you information about your account and order
• Respond to your requests, including refunds and complaints
• Process payments and prevent fraud
• Set up your account for our store
• Comply with any legal obligations we have, such as calculating taxes
• Improve our store offerings
• Send you marketing messages if you choose to receive them
If you create an account, we will store your name, address, email, and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for 7 years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
We will also store comments or reviews if you choose to leave them.
Who on our team has access?
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
• Order information like what was purchased, when it was purchased and where it should be sent, and
• Customer information like your name, email address, and billing and shipping information.
Our team members have access to this information to help fulfil orders, process refunds and support you.
What we share with others
We share information with third parties who help us provide our orders and store services to you; for example – Courier services and agents
Payments
Should we accept payments electronically. Some of your data will be passed to the relevant financial service provider, including information required to process or support the payment, such as the purchase total and billing information.
SELENITE INVESTMENTS (PTY) LTD SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
Standard Terms and Conditions
Selenite Investments (Pty) Ltd
INTRODUCTION
1.1 Terms: The terms set forth in this document and any Order (“the/these Terms”) shall regulate the relationship between Selenite Investments (Pty) Ltd a duly registered entity with registration number: 2020/596168/07 and the legal entity to whom Selenite Investments (Pty) Ltd supplies the Goods (“Customer”). For these purposes “Goods” means any Goods described in an Order placed by the Customer; “Order” means a written order for Goods placed by the Customer on Selenite Investments (Pty) Ltd which order shall be subject to these Terms; “Purchase Consideration” means the amounts described in the Order.
1.2 Acceptance or rejection. Selenite Investments (Pty) Ltd may accept or reject any Order.
1.3 Binding agreement. A valid and binding agreement between the parties on the Terms shall come into existence at the time and place where Selenite Investments (Pty) Ltd accepts the relevant Order. Each Order shall create a separate agreement. Notwithstanding the foregoing, the breach of any one such agreement shall, at Selenite Investments (Pty) Ltd election, constitute a breach of any or all agreements.
2. SALE
2.1 Sale Selenite Investments (Pty) Ltd sells to the Customer who purchases the Goods on these Terms.
2.2 It is further the sole responsibility of the Customer to determine that Goods ordered are suitable for the purposes of the intended use
2.3 Warranty of authority. The Customer warrants that the person who places the Order on Selenite Investments (Pty) Ltd is duly authorized to place the Order on behalf of Customer. The Customer agrees to supply Selenite Investments (Pty) Ltd with purchase orders, job numbers, job addresses, and a current list of employees authorised to collect, and sign for Goods.
2.4 Delivery When the Goods are ready for delivery Selenite Investments (Pty) Ltd will give the Customer notice of readiness for collection. Physical delivery by Selenite Investments (Pty) Ltd will only be affected with prior arrangements made with the Customer. Every endeavour will be made to adhere to the quoted delivery dates but no liability can be accepted for the failure to do so. All such times and dates are to be accepted as estimates only, not involving any contractual obligations and are subject to Selenite Investments (Pty) Ltd not being delayed by instructions or lack of instructions from the Customer. Selenite Investments (Pty) Ltd accepts no responsibility for any loss or damage incurred by the Customer on account of any delay arising from any causes whatsoever, whether beyond the control of Selenite Investments (Pty) Ltd or not. The Customer shall accept delivery when it its tendered and shall not be entitled to resell from the Order on account of delay in delivery.
2.5 Delivery shall be deemed to have taken place against signature of Selenite Investments (Pty) Ltd delivery note.
2.6 In all instances where delivery is by courier, the courier shall be deemed to be the Customer’s agent and delivery of the Goods to such courier, shall be deemed to be delivered to the Customer.
2.7 Title Ownership in the Goods shall only pass to the Customer upon the payment in full of the Purchase Consideration as well as the performances of any other obligations in favour of Selenite Investments (Pty) Ltd arising from any cause of whatsoever nature. Providing a negotiable instrument does not constitute payment.
2.8 Risk All risk of loss or damage to the Goods shall pass to the Customer upon collection or physical delivery of the Goods to Customer’s Agent, premises or nominated addresses.
2.9 Returns Should Selenite Investments (Pty) Ltd agree to the return of any Goods, such agreement shall be conditional upon the Goods being returned in a saleable condition in the original packaging together with the original invoice to Selenite Investments (Pty) Ltd . The Customer promptly agrees to pay the cancellation fee and other charges stipulated by Selenite Investments (Pty) Ltd .
2.10 Damage to Goods Unless Selenite Investments (Pty) Ltd is advised in writing within 7 (seven) days of delivery of the Goods of any alleged damage of and/or defect in and or shortage of said Goods, it is deemed that the Customer has accepted the Goods as is and Selenite Investments (Pty) Ltd shall not be liable for any claims instituted by the Customer in this regard.
2.11 Cancellation Should Selenite Investments (Pty) Ltd agree to the cancellation of any Order, such agreement shall be conditional upon the Customer promptly paying the cancellation fee and other charges stipulated by Selenite Investments (Pty) Ltd. A certificate signed by a member of Selenite Investments (Pty) Ltd whose appointment it shall not be necessary to prove, shall be prima facie proof of the amount owed.
3. PAYMENT
3.1 Purchase Consideration. Customer shall pay the Purchase Consideration on cash before delivery. Where the Customer has been granted credit facilities the Customer shall pay on the last working day of the month following the date on Selenite Investments invoice for that month. Payment of the Purchase Consideration shall be made without set-off, withholding or deduction of any nature in South African Rand and as stipulated by Selenite Investments (Pty) Ltd from time to time. Selenite Investments (Pty) Ltd may appropriate any payments made by or on behalf of the Customer to any indebtedness of whatsoever nature of Customer. Any price or Purchase Consideration quoted by Selenite Investments (Pty) Ltd prior to Selenite Investments (Pty) Ltd accepting the Order are subject to changes in the applicable exchange rate.
3.2 Change in Prices. Prices are subject to variation at the instance of Selenite Investments (Pty) Ltd at any time prior to the delivery of the Goods. The Customer shall be entitled to cancel the Order in question by giving written notice to that effect to Selenite Investments (Pty) Ltd within 7 (seven) days after the date of receipt of notice of the price increase, failing which the Customer shall be deemed to have agreed to such increase and shall be bound by the terms and conditions of sale in respect of the Goods and subject to the price increase.
3.3 Taxes. Unless specifically stated, the Purchase Consideration excludes any and all taxes (including value added tax), duties, tariffs and/or levies. Customer shall pay all taxes, duties, tariffs and/or levies in respect of these Terms on demand to Selenite Investments (Pty) Ltd.
3.4 Interest. In the event of late payment, Selenite Investments (Pty) Ltd shall be entitled to recover from the Customer interest from the due date of payment until the date of payment is made at a rate equivalent to the maximum rate provided for within the National Credit Act 2005 (Act 34 of 2005).
3.5 Credit Assessment. The Customer consents to Selenite Investments (Pty) Ltd making enquiries about its credit record with any credit reference agency and any other party. Selenite Investments (Pty) Ltd may also provide credit reference agencies with regular updates, including how the Customer manages its accounts.
3.6 Restriction of Customer’s rights. Until the Goods are fully paid for by the Customer, the Customer shall be obliged to take whatever steps may be necessary to prevent the destruction or loss of the Goods, including without limitation insuring the Goods (and indicating Selenite Investments (Pty) Ltd as an additional insured) and Customer shall not sell, cede, assign, transfer or pledge the Goods or allow them to become subject to any lien of whatsoever nature or deliver possession to any other person. The Customer shall be obliged to collaborate with Selenite Investments (Pty) Ltd with measures it intends to take in order to protect its proprietary rights in the Goods. If third parties try to assert or substantiate their rights to any Goods which Selenite Investments (Pty) Ltd still owns, the Customer shall be obliged to inform Selenite Investments (Pty) Ltd of any such action immediately.
3.7 Late payment. The Customer hereby acknowledges that should any amount not be paid on due date, the full amount owing by the Customer to Selenite Investments (Pty) Ltd shall immediately become due and payable and Selenite Investments (Pty) Ltd shall be entitled to demand immediate payment, notwithstanding that any amount may, as at the date, not yet being due. The Customer further agrees that in the event of its default in any way, Selenite Investments (Pty) Ltd shall be entitled to place an order for the supply of Goods on “stop supply” without any notice, notwithstanding that the Customer may have placed an Order for the supply of Goods prior to the stop supply date. The Customer agrees that in the event of any portion of the payment Consideration being disputed, the Customer will forthwith pay the undisputed portion of such indebtedness according to the agreed credit terms allowed by Selenite Investments (Pty) Ltd , failing which any discount permitted in respect of the invoiced indebtedness will be forfeited.
3.8 Failure to pay. Should the Customer fail to pay the Payment Consideration within 7 (Seven) days after demand, Selenite Investments (Pty) Ltd shall have the option to cancel the sale and repossess the Goods in lieu of payment or the balance thereof and the Customer shall forfeit any amount paid on account. Should Selenite Investments (Pty) Ltd be able to resell the Goods, the Customer will be given a credit for all the amounts received in excess of the expenses of the recovery and resale. Selenite Investments (Pty) Ltd is similarly entitled to cancel the agreement. In the event that the Customer:
• commits any act of insolvency, or being a natural person, assigns, surrenders or attempts to assign or surrender his estate; or
• allows a default judgement to remain unsatisfied for a period of 7 days or be refused rescission within 14 days of any default judgment: or
• is sequestrated or placed under Judicial management or wound up, whether provisionally or finally; or
• makes a compromise with any of its creditor/s or endeavours to attempt to do so.
• In the event that the Customer is placed under business rescue, this agreement shall be deemed to be cancelled by the Customer immediately prior to the Customer being placed under business rescue and in which event the Customer consents to the unpaid Goods being returned to Selenite Investments (Pty) Ltd .
3.9 Discount. Should Selenite Investments (Pty) Ltd at any time agree to any discount of its prices, it shall be conditional of such discount that it falls away if payment of the Purchase Consideration is not made strictly on due date.
3.10 Credit Limits. Credit limits granted by Selenite Investments (Pty) Ltd may not be exceeded without Selenite Investments (Pty) Ltd written prior approval but should the Customer, for whatsoever reason, exceed such credit limit, it shall not withstanding, be liable for the full amount and not under any circumstances be limited to the amount of the credit limit.
4. WARRANTY
4.1 Any recommendations or advice by Selenite Investments (Pty) Ltd is by way of general advice only.
4.2 Disclaimer. Except for those warranties expressly stated in these Terms, Selenite Investments (Pty) Ltd makes no representations and gives no warranties or guarantees whatsoever (express or implied) in connection with the Goods, including without limitation, the warranties of satisfactory quality and fitness for a particular purpose and all representations, warranties and guarantees are expressly excluded.
5. INDEMNIFICATION
5.1 The Customer indemnifies Selenite Investments (Pty) Ltd against any loss, liability, damages (whether direct or consequential) or expense of any nature whatsoever suffered by Selenite Investments (Pty) Ltd as a result of or which may be attributable to any information printed on any product at the express request of the Customer.
5.2 Any such loss, liability, damage, or expense shall be payable by the Customer to Selenite Investments (Pty) Ltd forthwith on demand.
5.3 The Customer expressly waives and renounces all its rights of whatsoever nature that it may have against Selenite Investments (Pty) Ltd for any loss suffered by the Customer as a result of any incorrect, incomplete or inaccurate information supplied by the Customer.
6. LIABILITY
6.1 To the extent permitted by the applicable law, the liability of Selenite Investments (Pty) Ltd (and its directors, employees, agents, consultants, contractors or other representatives) to the Customer for any damages howsoever arising shall be limited to the Purchase Consideration actually paid hereunder in respect of the Goods which gave rise to the liability in question and save as otherwise provided for in these Terms, neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to these Terms, whether resulting from negligence, breach or any other cause.
6.2 Under no circumstances shall Selenite Investments (Pty) Ltd be liable to the Customer for any losses of whatsoever nature including but not limited to loss of profits or any other indirect consequential damages suffered by the Customer and arising either directly or indirectly from the sale of any defective Goods. To the extent that Selenite Investments (Pty) Ltd may be liable for damages sustained by any third parties, the Customer does hereby provide Selenite Investments (Pty) Ltd with a full indemnity in relation to such damages.
7. ADMISSIBILITY OF DATA MESSAGES
7.1 Principle. The parties agree that they may conclude binding agreements by means of Data Messages. The parties hereby agree that: –
7.2 A requirement in these Terms that a notice, Order, or document be in writing shall be satisfied if the document or information is –
• in the form of a Data Message, and
• accessible in a manner usable for subsequent reference (including without limitation, a hard copy printout of the information concerned).
7.3 Data or Data Messages shall not be denied legal effect, validity, or enforceability solely on the grounds that same are wholly and partly in electronic form.
7.4 Data shall not be denied legal effect, validity or enforceability solely on the grounds that it is not contained in the Data Message purporting to give rise to such legal effect, but is merely referred to in such Data Message;
7.5 No data shall be deemed to be incorporated into a Data Message unless such data is:
• referred to in a way in which a reasonable person would have noticed the reference and incorporation of such data; and
• such data is made accessible to the other party in a form in which it may be read, stored, and retrieved by the other party on request.
7.6 Definitions. For these purposes a “Data Message” means any information generated, sent received or stored by electronic means and includes, without limitation electronic mail and Records and a “Record” means any information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
8. NOTICES AND DOMICILIUM
8.1 The Customer choose as their domicilium citandi et executandi (“Domicilium”) for all purposes their address as stated in the Credit Application Form or online account registration. If no credit facilities with Selenite Investments (Pty) Ltd exist, then on the Customer’s official Order. Either party may change its Domicilium by giving written notice to the other. Any notice to a party’s Domicilium shall be in writing, provided that an electronic notification shall be regard as being in writing, and shall be deemed to have been received on the 7th day after the date of dispatch, if sent by prepaid registered post, or on the date of delivery or transmission if delivered by hand, transmitted by facsimile or by electronic transmission.
9. FORCE MAJEURE
9.1 Neither party hereto shall have any liability by reason of failure to fulfil any obligations in terms of these Terms if such failure is occasioned by force majeure including, but not limited to, events such as acts of God, fire, accident, government act, explosion, industrial dispute or any other act, omission or event beyond the reasonable control of such party.
10. GENERAL
10.1 These Terms and Conditions constitute the sole terms and conditions applicable to the supply of the Goods by Selenite Investments (Pty) Ltd. Pursuant to these Terms no terms sought to be imposed by the Customer shall be of any force or effect, unless expressly agreed to in writing by the Director authorised to do so.
10.2 Interpretation. If there is a conflict in meaning between these Terms and any Order or any other correspondence relating to any Order then the meaning of these Terms shall prevail, unless expressly provided otherwise. The clause and sub-clause headings to these Terms are intended for convenience only and shall not affect the construction or interpretation of these Terms.
10.3 Variation. No amendment or modification to these Terms shall be effective unless in writing and signed by authorized signatories of both Selenite Investments (Pty) Ltd and the Customer.
10.4 Waiver. No relaxation or indulgence granted or given by Selenite Investments (Pty) Ltd to the Customer or failure by Selenite Investments (Pty) Ltd to exercise any right shall be deemed to be a waiver of any of Selenite Investments (Pty) Ltd rights in terms of these Terms and such relaxation or indulgence shall not be deemed to be novation of any of these Terms.
10.5 Applicable Law. These terms shall be governed and construed according to the laws of the Republic of South Africa. The Customer hereby consents and submits to the jurisdiction of the Magistrate’s Court having jurisdiction in respect of all proceedings in connection with these Terms, notwithstanding that the amount claimed or the value of the matter in dispute exceeds such jurisdiction. In any event Selenite Investments (Pty) Ltd shall be entitled, at its option, to institute any proceedings in connection with these Terms against Customer in any other court of competent jurisdiction.
10.6 Costs. All costs and disbursements (including without limitation, legal costs on the attorney and own client scale including collection charges and tracing agent’s fees and valuation costs) incurred by Selenite Investments (Pty) Ltd as a result of or relating to Customer failing to comply with its obligations in terms of these Terms shall be for the account of Customer and are payable on demand.
10.7 Further Processing. Where any Goods are used by the Customer for any further processing the use of any of our trademarks in connection therewith shall be subject to our express written agreement. This shall apply to all processing stages. Any consent given by Selenite Investments (Pty) Ltd shall require compliance with the trademark laws and the processing of the Goods in a manner approved by Selenite Investments (Pty) Ltd.
10.8 Warranty of authority. Customer warrants that the person who places the Order on Selenite Investments (Pty) Ltd is duly authorized to place the Order on behalf of Customer.