Terms and conditions for sale of Goods to business or consumers

These following terms and conditions "Terms" regulate the business relationship between you and us.

We are Klaus Klein Exclusive Design Products, the owner and operator of www.klausklein.com "Our Website". You are visitor to our website / our customer.
By using our Website in any way, or by buying from us, you AGREE to be bound by the following Terms and Conditions.

The terms and conditions

1 Definitions
In this agreement:
"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
"Our Website" means the entire computing hardware and software installation that is or supports Our Website.
"Goods" means any of the Goods we offer for sale on our website
"Content" means information in any form published on Our Website by us or any third party with our consent.

2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to our Website; and
2.1.2 In any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation or telephone.  Our message will also confirm details of your purchase and tell you when we shall dispatch your order.  That is when our contract is made. 
2.4 We may amend, update or revise these terms and conditions from time to time. Please check any changes before clicking on the “I accept” option. Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms, as may be modified from time to time. The terms that apply to you are those posted here on our Website.
2.5 All descriptions, weights and sizes of Goods are done in good faith using information obtained from suppliers and manufacturers, but we cannot be held responsible for any errors or omissions. Accordingly, any such description shall not form part of this Agreement.
2.6 If we do not have the Goods you order in stock, we will offer you alternatives before we dispatch your order.  If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse/premises however we will organise the shipping and insurance with the carrier on your behalf.

3 Terms for buying goods offered on our website
3.1 When you order from our Website you are bound by our Terms and Conditions.
3.2 If you do not agree with any of these terms and conditions and do not wish to be bound by them, do not use or buy from this website.
3.3 We shall not be liable for any loss, damage, liability, any expenses and costs which you may suffer as a result of you placing an order via this website or you using or relying on any information supplied by us on our Website.
3.4 An agreement of sale/contract between us and You will be valid only after                  the full payment is reflected in our bank account.

4 Prices  and Payment
4.1 It is possible that the price may have increased from the date when was posted on our Website. Prices from suppliers are subject to change without prior notice and are usually linked to changes in the Rand Dollar / Euro exchange rate. When this is the case or an incorrect or outdated prices was  displayed on this Website, you agree that we will not be obligated to sell a product at such incorrect price.
4.2 All prices  are subject to stock availability and also subject to change without notice ( see 4.1)
4.3 You only pay when your order has been CONFIRMED by us to ensure the stock is available. If you do not receive confirmation from us, DO NOT resend your order as this may lead to duplication of your order.
4.4 Payment for any order must be made upfront before we place order with our suppliers (if the products are not our direct import)
4.5 You must pay us the full price of your order before we will send any part of it.
4.6 All prices are NET in South African Rand and includes 14% VAT.
4.7 Banking charges. EFT no charges. For cash deposits please add R17 bank comission fee. All transfer charges relating to payment in a currency other than South African Rand will be borne by you.
4.8 Any details given by us in relation to exchange rates are approximate only and may vary daily.
4.9 You will pay the amount due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4.10 We accept EFT and direct deposits into our Nedbank  account. Cash deposits in foreign currency attracts 2% extra bank commision fees on the total value of the invoice. Cheques payments are accepted but we can only deliver your order once the cheque is cleared and it could take up to 2 weeks.
4.11 Klaus Klein EDP has the right to refuse to accept any payment received after 7 (seven) days from the placement of the order and in this case the contract of sales is cancelled
4.12 Klaus Klein Exclusive Design Products reserve the right to refuse service, terminate accounts or to cancel any order and refund the user for payment already done, with or without  a reason.

5 Information you give us and Verification
5.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself and your delivery address.  We need this information to provide you with the Goods.
5.2 No order will be processed until the identity of the person placing such order has been verified. Name telephone address.
5.3 We do sell to persons under the age of 18.  If you are under 18, you may use Our Website only under the supervision of a parent or guardian who agrees to these Terms and conditions of sales. If you represent yourself as a major (18 years or older), you will be bound by any legal obligation that you incurred as the result of using Our Website/ our Services.
5.4 You agree that all instructions, consents, orders and other communications which purport to originate from you or a person who had authority to act on your behalf to operate automatically  and which are sent to Klaus Klein electronically and which may (as a result of interception, equipment malfunction, or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, will  be deemed to have been given by you in the form actually received by Klaus Klein Exclusive Design Products  and you will be bound by such instruction with no liability of whatever nature on the part of Klaus Klein Exclusive Design Products.
5.5 You waive any rights and claims that you may have against Klaus Klein Exclusive Design Products  arising directly or indirectly from any loss or damage which you may suffer as a result of the fact that Klaus Klein Exclusive Design Products  acts on your instructions/orders or instructions/orders purported to emanate from you.
5.6 You indemnify Klaus Klein Exclusive Design Products against all and any claims, liabilities, losses, costs, fines, damages and expenses resulted from the fact that Klaus Klein Exclusive Design Products  has acted on your instructions or orders which seemed  to emanate from you.

6 Delivery
We deliver within 24 hours from receiving the payment from Monday to Friday (less Saturday and Sunday). Based on your selection, by courier or post at the address given to us.

7 Taxes, duties and import restrictions
7.1 We have no knowledge of, and no responsibility for, the laws in your country of residence. 
7.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.

8 Warranties and Returns
8.1 All warranties are supplied by the manufacturer of the products through the supplier. Please check your warranty from the relevant manufacturer, but   the supplier has ultimate decision on any warranties
8.2 Media and consumables do not carry warranties and cannot be returned
8.3 If you are not satisfied with the goods, you should inform us within 48 hours of delivery and return the Goods to Klaus Klein within 7 (SEVEN) days from the date of delivery
• with both goods and all packaging in their original condition(un-opened boxes).
• securely wrapped;
• including our delivery slip;
• at your risk and cost.
8.4 After we have received the Goods, at our own sole discretion may refund you or offer you similar products for the same value.
8.5 In the event we supply an incorrect item or the, you must notify us within 48 hours of receipt thereof and return the item with 14 days of receipt. We will exchange the incorrect item returned with the item ordered at our own costs. If an item is defective due to manufacturing, for faulty item/Goods  we will contact the supplier on your behalf. If the defect is within the specifications of the manufacturer’s and suppliers’ s warranty, in most cases, the suppliers replace defective items immediately; if no stock is available, we may credit you, depending on what the suppliers’ decision. If the supplier detects no fault, we cannot replace the goods. You are liable for any additional costs associated for these deliveries to and from us.
8.6 Faulty goods to be returned in their original packaging within manufacturers / suppliers’ warranty period, no goods will be accepted thereafter.
Goods returned will be forwarded to the  manufacturers/suppliers for assessment, repair or exchange.  No cash refunds.
Replacements from manufacturers or suppliers for imported goods could  take up to 2 months.

8.7 Return of goods and restocking. You can also return the goods in their original package within 7 days for any other reason, for example, you changed your mind. In this respect a restocking fee of 30% will be charged and the return costs (shipping, handling and insurance costs to our warehouse) will be supported by you the beneficiary of the initial consignment. Restocking fees are representing the fees we charge for handling, documentation, verification of goods and repacking for resale. All returned goods, must be new, never used. We will not accept returns with used products, particularly bathroom products for hygienic reasons. Manufacturers will accept hi-tech items such as CPU, memories, electronics if the original package is not unsealed.

8.8 Missing components. If we find missing components in the returned goods, when possible we will replace them and charge additional fees for the missing parts, additional to the 30% restocking fees. If we cannot find replacement parts, we will not accept the retuns and will be your responsibility to collect the goods from us at your own cost. Please advise in advance if the goods returned will have missing parts.

8.9 Wrong deliveries. Sometime shipping companies / carriers may mix the consignments or deliver wrong parcels to wrong destinations. Please call us. The delivery companies will track the consignment and bring you the product you ordered.

What Warranty Does Not Cover
The Warranty does not cover:
(1) damage caused by accident, misuse, abuse, improper installation or operation, rental, product modification or neglect;
(2) damage occurring during shipment (insurance provided by carrier)
(3) damage caused by wrong installation or repair or service performed by persons not authorized.

IMPORTANT: Please make sure that particularly for bathroom products your plumber knows his job. The plumber will be responsible for proper installation of bathroom products, will check for leackage and related and perform the required corrective action. We will not replace products damaged or tempered with, by your plumber. For all products subject to electrical installation and works please appoint a certified electrician (e.g. massage bath, steam showers, etc). The electrician must install properly the products and give you a certificate of compliance. Goods subject to lightening strikes will not be covered by warranty. Please consult your insurance company and cover your expensive appliances.

(4) Warranty void: Products warranty seal broken or products on which the serial number has been altered, defaced or removed; Large appliances for home use but used for commercial business (stem showers, massage bath, etc). If you need products rated "for commercial use" please advise, we will provide a quotation; Wrong installation; Products subject to lightening strikes and mishandling.

Who This Warranty Protects
This Warranty protects only the original purchaser of the product.

8.7 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you or deducted from the refund due.

9 Disclaimers
9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors.
9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Goods for your purpose.
9.3.2 the truth of any information given on Our Web Site;
9.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
9.3.4 compatibility of Our Website with your equipment software or telecommunications connection.
9.3.5 compliance with any law;
9.3.6 non-infringement of any right.
9.4 Our Website contains links to other Internet web sites.  We have neither power nor control over any such web site.  You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
9.6 Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including any damages resulting from computer viruses
9.7 Your use of this Website and Services is at your sole risk. This website is provided by us on an "as is" and "as available" basis. It is the responsibility of the user to ensure that any order meets with the user’s personal requirements and that it will be compatible with the user’s hardware and/or software. Any damage, loss or liability arising from the use or inability to use any Goods purchased / ordered from this website will not be the responsibility of Fusion High Tech.
9.8 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.

10. Content and Intellectual Property Rights
10.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider.  We will strongly protect its rights in all countries.
10.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
10.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

11 System Security
11.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
11.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Website, or any software used on Our Website, and that you will not permit any other person to do so.

11.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

11.4 Examples of violations are:
11.4.1 accessing data unlawfully or without consent;
11.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
11.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
11.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
11.4.5 taking any action in order to obtain Goods to which you are not entitled.
11.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
11.5.1 any violation of system security as set out above;
11.5.2 your use of Our Website;
11.5.3 any other breach or violation of this agreement by you;
11.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

12. Loyalty points

What means loyalty points. REPEATED ORDERS. Loyalty points will only be awarded after 2 repeated purchases (with your 3rd order). After the products are delivered/collected your loyalty points will be available in your account and can be transformed in vouchers which will be deducted from your 3rd order or future orders. Loyalty points are awarded and cumulated but cannot be claimed during your 1st and 2nd orders.

To benefit of our loyalty program all goods must be purchased only on www.klausklein.com website. Klein products purchased on third parties websites are are not subject to our loyalty program.

13. Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

14. Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made.  Accordingly, there is no contractual or other obligation upon us in respect of any such goods.

15. Rights of third parties
Nothing in this agreement or on our website shall confer on any third party benefit.

16. Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17. No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

18. Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

19. Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

20. Governing Law
This Agreement shall be governed by and construed in accordance with the law of South Africa. Courts of law located in Johannesburg. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Exports are governed by Incoterms 2010

21. DOMICILIUM
Klaus Klein EDP chooses its domicilium citandi et executandi where it will receive any document ,notice or court process.