- Definitions
1.1. Company: Refers to Witfield Hardware, the proprietor and operator of the website and physical store from which goods and services are offered.
1.2. Customer: Any individual or entity that engages with the Company to purchase goods or services, whether through the website, in-store, or via other communication channels.
1.3. Goods: All products and/or services provided by the Company to the Customer under this agreement.
1.4. Delivery Address: The physical location specified by the Customer for the delivery of Goods, in fulfilment of this agreement.
1.5. OEM (Original Equipment Manufacturer): Any third-party entity whose products and/or services are sold by the Company.
1.6. The Website/Online Store: Refers to the online platform through which the Customer browses and purchases goods or services from the Company.
1.7. The Company Systems: Refers to all methods and processes, whether automated, manual, or managed by third parties, that the Company uses to collect and share information with Customers or others, handle deliveries, process payments, maintain records, and support the ongoing provision of the Company’s products and services.
- Agreement
2.1. By placing an order, the Customer agrees to be bound by these Terms and Conditions.
2.2. The Customer agrees to provide accurate and complete information, including but not limited to their true identity, name, contact details, email addresses, Delivery Address, and if necessary, bank account information.
2.3. The Company agrees to deliver the Goods to the Delivery Address upon receipt of full payment, as per the order details.
- Payment
3.1. All amounts payable must be received in full and in advance. Goods will only be dispatched once full payment has been received.
3.2. If any delivered goods remain unpaid for, or if payment is reversed for any reason, ownership of those goods remains with Witfield Hardware. The Customer will be required to return the goods immediately upon request, in an unused state, along with the original packaging and any included documentation. Should the goods be damaged, used, or returned without proper packaging, the Customer will be responsible for all costs related to repair, repackaging, or collection. In such cases, Witfield Hardware reserves the right to reclaim the goods and seek compensation for any associated costs.
3.3. Witfield Hardware reserves the right to cancel any order at any point before the goods are physically delivered to the Customer, for any reason. If payment has already been processed for a cancelled order, Witfield Hardware will refund the full amount to the Customer within 10 working days of notifying them about the cancellation. Whenever possible, payments for cancelled orders will not be processed, and if they are, a full refund will be issued.
3.4. The Customer will be responsible for all legal costs and fees incurred by the Company, including attorney and advocate fees, whether these arise before or during legal proceedings, or after a judgment has been made, in relation to enforcing this agreement.
- Delivery
4.1. Delivery is considered complete once the Goods are handed over at the specified Delivery Address to the Customer or any person claiming to represent the Customer, who shall be deemed authorized to accept the delivery. The Delivery Note will act as conclusive proof of delivery, and from that moment, all risks and responsibilities associated with the delivery pass to the Customer.
4.2. Once an authorized person receives the goods at the specified delivery address, neither the Company nor the courier service can be held responsible for any loss or liability incurred thereafter.
4.3. If the Customer receives a delivery notification or email but does not notify the Company within 3 days that the goods were not received, the goods will be assumed to have been delivered successfully. Failure to report non-receipt within this timeframe will be considered acceptance of the goods and fulfillment of the order.
4.4. The Company and the courier service shall not be held liable for any delays or failures in the delivery of goods caused by circumstances beyond their control. In such cases, the Company will communicate with the Customer to reschedule the delivery and ensure the order is fulfilled as soon as reasonably possible.
4.5. If delivery is unsuccessful because the Customer was not available at the delivery address, the Company will make one reasonable attempt to contact the Customer using the information provided to arrange an additional delivery attempt.
4.6. If delivery fails due to incorrect or incomplete delivery or contact information supplied by the Customer, the Company will also make one reasonable attempt to contact the Customer to coordinate another delivery. If this attempt fails, the order may be cancelled and payment refunded. In this case, the Customer will be liable for any additional delivery fees charged by the courier for the failed attempts.
- Goods Lost or Damaged During Transit
5.1. The Company ensures that all goods are insured against loss or damage from the time they leave the Company until they are delivered to the Customer.
5.2. If the Customer suspects that goods were lost or damaged during transit, they must notify the Company within five (5) working days of receiving the goods or from the expected delivery date if the goods are overdue.
5.3. For damaged goods, the Customer must return the unused items along with all original packaging and documentation as soon as possible. The Company will cover reasonable return costs if the claim is found to be valid. However, the Company reserves the right to refuse any returned goods if it reasonably believes the damage did not occur during transit.
5.4. In the event of loss or damage, the Company will, at its discretion, either refund the Customer the full amount recovered from the insurance claim or replace the goods as originally ordered.
5.5. The Company’s total liability for lost or damaged goods will under no circumstances exceed the original purchase price of the affected goods.
- Returns and Refunds
6.1. General Returns: Customers may return Goods within 7 days of delivery, provided the items are unused, in original packaging, and accompanied by proof of purchase.
6.2. Defective Goods: Defective items can be returned within 7 days of delivery. Upon inspection, the Company will repair, replace, or refund the item, depending on the nature of the defect and stock availability.
6.3. Non-Returnable Items: Certain items, such as custom-made products, perishable goods, and items marked as non-returnable, cannot be returned unless defective.
6.4. Return Process: Customers should contact the Company to initiate a return. The Company will provide instructions for returning the Goods.
6.5. Approved refunds will be processed using the original payment method within 10 business days of the return approval, as outlined in Section 3.3.
- Non-Returnable Items – Health and Safety Products
7.1. For health, hygiene, and safety reasons, certain products sold by Witfield Hardware are strictly non-returnable and non-refundable. This includes, but is not limited to:
- Dust masks and respirators
- Ear plugs and hearing protection
- Safety socks and footwear accessories
- Gloves and other personal protective equipment (PPE)
- Any sealed safety gear or hygiene-related products once opened
7.2. These items may only be returned or exchanged if they are defective or damaged upon delivery. The Customer must notify the Company within 5 (five) working days of receiving the goods to initiate such a return.
7.3. Valid returns must be in their original, unused condition, with full packaging and accessories. Upon approval, defective or damaged items will be exchanged only. Refunds will not be provided under any circumstances for these products.
7.4. Any applicable handling charges are non-refundable, even where an exchange has been approved.
- Warranty
8.1. All Goods are covered by the OEM's warranty, where applicable. The Company facilitates the warranty claim process but is not responsible for the OEM's decisions.
8.2. Warranty claims require proof of purchase and may be subject to the OEM's terms and conditions.
8.3. If a Customer suspects that a product is faulty or defective, they may return the item to the Company for inspection. If the product is found to be faulty and covered under the OEM warranty, the Company will bear the reasonable costs associated with the return, repair, and re-delivery of the item. OEM warranty terms will still apply, and the Company’s role is strictly to facilitate the claim process.
8.4. If, after inspection, the product is found not to be faulty or is not covered under the OEM warranty, the Customer will be liable for the associated transport, handling, and inspection costs. The Customer will be notified of such costs in advance before any further action is taken.
- Disclaimer & Limitation of Liability
9.1. The Company’s total liability under any circumstances shall not exceed the purchase price of the Goods related to the specific transaction in question.
9.2. The Company shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profit, data, revenue, or business, arising from or related to the use of, or inability to use, the Goods or services provided.
9.3. The Customer indemnifies and holds the Company harmless from any and all claims, damages, or costs arising from:
- Any circumstances beyond the Company’s reasonable control, including acts of God, force majeure events, strikes, delays, or natural disasters;
- Interruptions, downtime, or failures in the Company’s systems, infrastructure, or website functionality;
- Any breach of data privacy, confidentiality, or security due to third-party actions or unauthorised access;
- Errors or omissions in OEM product specifications or descriptions as displayed or communicated by the Company;
- Any reliance on advice or guidance provided by the Company regarding the use or suitability of a product for a particular purpose, which is offered in good faith but not guaranteed;
- Data corruption, loss, or contamination related to the Customer’s information or content, regardless of how it occurred.
9.4. If the Customer does not notify the Company of a claim or issue within 7 days of discovering it, such claim shall be deemed waived and invalidated, unless otherwise required by law.
9.5. The Customer acknowledges that although the Company takes all reasonable precautions to maintain the integrity and security of its systems, it reserves the right to take any necessary action to preserve the safety and operational continuity of those systems at any time.
9.6. While the Company may attempt disaster recovery measures in the event of system failure, no specific recovery time or guarantee is made. Customers are encouraged to back up all necessary data independently, and the Company shall not be held liable for any failure or delay in restoring data or service.
9.7. In the event of any valid claim, the Company’s liability shall, at most, be limited to the total value of orders explicitly accepted and paid for by the Customer within the 7 days preceding the claim notification date.
9.8. The Customer and the Company warrant that they comply with all applicable legal and regulatory requirements relevant to their business activities. The Customer agrees to indemnify the Company against any liability or penalty incurred due to the Customer’s breach of any statutory or regulatory obligations.
- Maintenance and Service Interruptions
10.1. Witfield Hardware reserves the right to temporarily suspend any of its services or system operations to conduct maintenance, repairs, upgrades, modifications, or improvements. Where reasonably possible, the Company will make every effort to notify the Customer in advance of such interruptions. The Customer acknowledges that no discounts, refunds, credits, or claims will be applicable for service interruptions—whether scheduled or caused by circumstances beyond the Company's control.
- Intellectual Property
11.1. All content, designs, text, images, logos, trademarks, brand names, domain names, and other intellectual property displayed on the Company’s website, physical materials, or marketing content are the exclusive property of Witfield Hardware or its licensors, including OEM manufacturers, and are protected by applicable intellectual property laws.
11.2. No person or entity may use, reproduce, distribute, modify, or display any of the Company’s intellectual property, or that of any of its partners or OEM suppliers, without prior written consent from the Company or the rightful owner of such intellectual property.
11.3. Unauthorized use or infringement of the Company’s or its licensors’ intellectual property may result in legal action and claims for damages.
- Privacy and Data Protection
12.1. The Company is committed to protecting the Customer's personal information in accordance with applicable data protection laws.
12.2. Personal information collected is used solely for processing orders, providing customer service, and marketing purposes, with the Customer's consent.
- Governing Law
13.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. The Customer expressly agrees to be bound solely by South African law and waives any rights afforded under the laws of any other country that conflict with or are not recognised by South African law.
13.2. Any legal disputes, claims, or proceedings arising from or related to this agreement shall fall under the exclusive jurisdiction of the courts of South Africa.
13.3. All online and electronic transactions conducted through the Company’s systems are deemed to have occurred within the Republic of South Africa at the time recorded by the Company’s systems.
13.4. All payments shall be made in South African Rand (ZAR).
- Cession, Assignment and Delegation
14.1. Witfield Hardware reserves the right to cede, assign, transfer, or delegate any or all of its rights and obligations under this agreement to any affiliated entity or third party, at its sole discretion, without prior notice to the Customer.
- Domicilium and Notices
15.1. For all purposes under this agreement, including the serving of legal documents, delivery of notices, and payment of amounts due, both parties elect their domicilium citandi et executandi as follows:
- • For the Customer: the physical address provided at the time of registration or order placement.
• For Witfield Hardware: the physical address listed on the ‘Contact Us’ page of the official website.
15.2. Any notice or communication in terms of this agreement must be made in writing to be valid and enforceable.
15.3. A notice or payment delivered as follows will be presumed to have been received unless proven otherwise:
15.3.1. By hand delivery during normal business hours to the chosen domicilium address – presumed received at the time of delivery.
15.3.2. By prepaid registered post from within South Africa to the chosen domicilium address – presumed received on the 7th (seventh) day after the date of posting.
15.3.3. By email or facsimile – presumed received within 1 (one) hour if sent during business hours, or within 2 (two) hours of the next business day if sent outside of business hours.
- General
16.1. This agreement constitutes the full and final understanding between the parties. Any changes, additions, or cancellations will only be valid if made in writing and signed by both parties.
16.2. No party shall be bound by any terms, promises, or representations not contained in this document.
16.3. Any leniency or extension granted shall not be considered a waiver of rights and does not limit future enforcement of those rights.
16.4. All references to gender include all genders, and singular or plural terms shall apply interchangeably. Headings are for convenience only and carry no interpretive value.
- Amendments
17.1. The Company reserves the right to amend these Terms and Conditions at any time. Changes will be posted on the Company's website and will take effect immediately upon posting.
17.2. Continued use of the Company's services constitutes acceptance of the amended Terms and Conditions.