Lava-SA

Terms and Conditions.

Scope of the terms and conditions

Offer and contract

Notice of revocation

Delivery period

Prices

Payment

Reservation of property

Guarantee;

Compensation

Transfer of risk

Acceptance of goods/transport damage

Limitation of liability

Place of jurisdiction/partial nullity

Information about online dispute resolution

Data protection

Section 1 - Scope of the terms and conditions.

The terms and conditions below apply to all deliveries, services and offers made Lava-SA supplied via this online shop on a contractual basis. We hereby declare that purchaser’s acknowledgements referring to the purchaser’s own terms and conditions will not be recognized. Any divergences from our own terms and conditions are valid only if they are confirmed by us in writing.

Section 2 - Offer and contract.

All offers are subject to change. All information on this website is given without guarantee. We reserve the right to make technical changes, and are not liable for any typos or errors. All items are without decoration.
 Lava-SA reserves the right to make changes to design or technical changes. Divergences in output data of up to 5 % at the top and bottom of the range are possible with regard to manufacture. Orders only count as accepted if they have been confirmed by us in writing. The acknowledgement of order created by the shop systems and sent to the customer by email does not in this case count as automatic acceptance of the order, but rather as a summary. An order will only count as accepted if no order acknowledgement giving information to the contrary is made within 5 working days after receipt of order and/or the goods ordered are dispatched

Section 3 - Notice of revocation.

Right of revocation. 

 You can send your notice of revocation within 1 month, without giving any reasons, in text form (e.g. by letter, fax or email) or if you have received the goods before the period of notice has expired – also by returning the goods. The period begins upon receipt of this notification in writing, but not before receipt of the goods at the receiver (in the case of recurring deliveries of goods of the same kind, not before the first part delivery has been received) and also not before we have performed our duty to provide information. 

 To keep to the period of notice, it is sufficient to send the revocation or the goods in good time. The revocation is to be addressed to: 

 Lava Vide South Africa
 5 Stirling Road
 Bryanston X 8
 2191
 
 TEL: +27 72 160 5556
 FAX: +27 86 617 8949
 EMAIL: info@lava-sa.co.za
 
Consequences of revocation. 

 In the case of a valid revocation, goods and payments mutually received and any performance received or emoluments taken (e.g. interest) are to be compensated for. If you cannot return to us the goods and payments received or compensate for performance (e.g. for use and employment) or can return or compensate for these only in part or in a deteriorated condition, you must compensate us accordingly for loss of value. You need only compensate us for the deterioration of goods received and for emoluments taken to the extent that the emoluments or deterioration are caused by treating the goods in a manner that exceeds testing the qualities and manner of function of the goods. "Testing the qualities and manner of function" is understood to cover the testing and trying out of the goods in question as would be possible and customary in a retail store. Items shippable by parcel are to be returned at our risk. You are obliged to bear the regular costs of return shipment if the goods delivered correspond to the goods ordered and if the price of the goods returned does not exceed 40 euros or if, in the case of a higher price for the goods, you had not at the time of revocation rendered consideration or made a contractually agreed part payment. In all other cases, the return shipment is free of charge. Items that cannot be shipped by parcel will be collected from your premises. All reimbursement obligations must be fulfilled within 30 days. The period of notice will begin for you with the dispatch of your revocation statement or of the goods, and for us with the receipt of these. 

Important information on the return or collection of goods. 

 We (Lava-SA) would be very pleased to collect goods from you. After receiving your notification by email at info@lava-sa.co.za, by phone +27 72 160 5556 or by fax on +27 86 617 8949, we will collect the goods from you with our shipping partner, unless another corresponding arrangement has been made. 

 We request that you enclose a copy of the purchase document or respectively of the delivery document or invoice. In addition, we request that you have the goods well-packed (well protected, as delivered) for collection. 

Exclusions and special information. 

 There is no right to revocation for the delivery of goods made to customer specifications or clearly customised for personal requirements, or for goods that due to their properties are not suitable for return shipment or can decay quickly or whose use-by date has been exceeded.
Examples of such goods are: special vacuum appliances with special technical specifications, special vacuum bags with customised dimensions, or goods clearly produced to customer requirements (e.g. a vacuum appliance with customer logo). 

 End of notice of revocation.

Section 4 - Delivery period.

The deadlines and delivery periods set by us for the products are binding, unless otherwise agreed in writing.
Firm deals must be expressly acknowledged as such by us in writing. Delay in deliver begins only after warning if the agreed delivery dates are exceeded and after expiry of a subsequent four-week period of notice. The period of delivery can be extended due to events that are not our responsibility, of which we will inform the purchaser immediately after they occur.
Delays in delivery and performance due to a higher power and events that make delivery more difficult or impossible for us, for example delays in deliveries to us, business disruption, strikes, lock-outs, lack of means of transport, official directives etc. are in no case our responsibility. In such cases, the period of delivery will be appropriately extended.

Section 5 - Prices.

Without log-in: Prices are gross prices in South African Rand (ZAR), including the current valid VAT of 15 %, charged ex warehouse or works, including packaging unless other arrangements have been expressly agreed. The 15 % VAT is shown separately on invoicing.
With log-in as a private person or company customer in South Africa: Prices are gross prices in South African Rand (ZAR), including the current valid VAT of 15 %, charged ex warehouse or works, including packaging unless other arrangements have been expressly agreed. The 15 % VAT is shown separately on invoicing.
With log-in as a company customer (outside South Africa) with valid VAT number or respectively with log-in as a customer outside South Africa: Prices are net prices in South African Rand (ZAR), excluding the current valid VAT of 15 %, charged ex warehouse or works, including packaging unless other arrangements have been expressly agreed.
The following applies to shipping items: the purchaser is to supply assistants to help with transport into the premises. Our calculations are based on exact on-site scheduling. If the customer requests a postponement when the goods are ready for dispatch, we have the right to claim compensation and storage costs. If delivery free of charge has been agreed, this applies only to door delivery without transport into the premises and assembly.

Section 6 - Payment.

Payment in the Lava online shop is possible by cash on delivery, Paypal, payment in advance, credit card or on account. Cash on delivery is only possible for shipments within Germany. We reserve the right to accept or exclude certain types of payment in individual cases. Please note that for orders abroad payment on account is not possible.
Payment on account: unless there is a statement to the contrary in the acknowledgement of order, the purchase price is payable net (with no discount within 8 days from the date of invoice).
Cash on delivery: the payment price as per the acknowledgement of order is payable on receipt of goods, plus a possible redemption fee charged by the Local Courier Company.
Payment by Paypal: after successful order procedure, the purchase price is charged to the customer’s Paypal account and the goods are shipped according to the delivery deadlines by the Local Courier Company.
Payment by credit card: after successful order procedure, the purchase price is charged to the customer’s credit card account and the goods are shipped according to the delivery deadlines by the Local Courier Company.
Payment in advance: the purchase price is payable immediately after receipt of acknowledgement of order, by bank transfer to the account given in the acknowledgement of order. Shipment will be by the Local Courier Company, 1-2 days after receipt of payment.
The customer only has the right to offset if the customer’s counter-claim has been legally established, is undisputed or recognized by us.
We reserve the right, for contracts with an agreed delivery period of more than 4 months, to raise prices in accordance with cost increases that may have occurred, particularly because of collective wage agreements or material costs increases. If the increase amounts to more than 5% of the agreed price, the customer has the right to terminate.
If the purchaser’s payments fall into arrears, we are entitled, from the point of the customer falling into arrears, to charge interest to the amount of 1 % per month and a R 25.00 fee per reminder sent.
 If in connection with the arrears a debt collection agency is contracted to collect the debt, the purchaser will be responsible for the costs arising from commissioning the collection agency, with the exception of the contingency fee.
The purchaser has no right to reserve payment when claiming transport damages. With claims covered by guarantee, a maximum of 10% of the invoiced amount for the purchased items may be reserved until the claim is settled. Other reservations of payment made for whatever reason are excluded.
In cases where the purchaser agrees a financing contract with a rental or leasing company, the purchase agreement will not be transferred to the company until a written confirmation from the financing company has been received.
Invoices for spare parts, repairs, assembly, transport and packaging are payable immediately on receipt without discount.

Section 7- Reservation of property.

All items supplied by us remain the property of the Lava-SA Company until full payment has been made.
In the case of arrears, the Lava-SA Company has the right at any time to demand the surrender of the items. Payments already made up to the amount of 40 % of the purchase price can be retained as compensation for costs without any claim to repayment.
If the purchaser has not made any part payments, the Lava-SA Company has a right to compensation to the amount of 40 % of the purchase price.
Costs for delivery and removal are to be paid separately by the purchaser.

Section 8- Guarantee.

The purchaser has the right to demand subsequent improvement if parts of the delivery are unusable or greatly limited in their function due to defects in material or fabrication.
The period of guarantee is 2 years for private and commercial customers, as well as for business people and fully qualified merchants, from the date of delivery in each case. (An extension of guarantee on purchase to a period of 5 years is possible on payment of a surcharge.)
The Lava-SA Company will provide no guarantee in cases of improper use, defective assembly, or inappropriate operating materials (electric current/cleaning materials etc.). Wear and tear parts are not subject to guarantee.
The Lava Company will also provide no guarantee for any damage suffered by the goods in stock in connection with the item supplied.
Only the direct purchaser is entitled to make guarantee claims they are not transferable.
Notification of obvious defects in the delivery must be made without delay after the goods have been received, by 14 days after receipt at the latest. If there is no notification of defects within this period, the goods will be considered to have been accepted in approved and flawless condition.
Additional information on the 5-year guarantee: the guarantee covers all electrical and moving components of the vacuum appliance such as pump, transformer, electronics circuit board and switches. Wear and tear parts such as for example seals, Schweiß bands or appliance accessories are exceptions, as are repairs based on improper use. It is valid only with the fully completed "Lava 5-year guarantee card ", which is included with every product with an extended guarantee (please be sure to ask your dealer). The 5-year guarantee must be listed as a separate item on the purchase invoice.

Section 9 - Compensation.

 If the purchaser, for whatever reason, does not accept the goods or does not fulfil his obligation to co-operate by stating dimensions, choosing the fittings or the colour, the Lava-SA Company is entitled to withdraw from the contract and demand compensation to the amount of 40 % on grounds of non-performance.
The Lava-SA Company also reserves the right to claim for damages that have occurred that exceed the above amount.

Section 10 - Transfer of risk.

Risk is transferred to the purchaser as soon as the shipment has been handed over to the transporting carrier. If shipment should prove to be impossible through no fault of the vendor, risk will be transferred to the vendor when the goods are ready for dispatch.

Section 11 - Acceptance of goods/transport damage.

In his own interests the purchaser must, on delivery of the goods, inspect the packaging for transport damage and unpack the goods in the presence of the deliverer. The purchaser should also check whether the appliances have been transported in the right position (marked on the packaging).
Transport damage must be confirmed by the purchaser or the purchaser’s representative on the carrier’s consignment note/delivery document. If this evidence cannot be provided, transport damage will be at the purchaser’s cost.

Section 12 - Limitation of liability.

Payment of compensation based on impossibility of performance, positive violation of contractual duty arising from culpa in contrahendo and from liability in tort is limited, with reference to the vendor and his auxiliary persons, to deliberate or grossly negligent actions. Liability for consequential damage, of whatever kind, is excluded.

Section 13 - Place of jurisdiction/partial nullity.

All disputes arising from this legal relationship are subject to the law of the Republic of South Africa. The United Nations Convention for the International Sale of Goods does not apply. The sole place of jurisdiction for all disputes, including note and cheque receivables, shall be Lava-SA  - South Africa.
If one of the provisions of these Terms and Conditions should prove to be or should become invalid, the content of this invalid provision shall be applied analogously. This shall not affect the validity of the other provisions.

Section 14 - Information about online dispute resolution.

The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

Section 15 - Data protection.

We are delighted by your interest in our home page and our company. Despite careful monitoring of content, we cannot accept any liability for external links to extraneous content. 

 The protection of your personal data collected, processed and used in connection with your visit to our home page is very important to us. Your data are protected according to statutory provisions. Below, you can find information about which data are recorded during your visit to our home page and how these are used: 
Collection and processing of data.
 Every access to our home page and every call-up of one of the files stored on the home page is recorded. This storage is for internal system-related and statistical purposes. The following are registered: name of the file called up, date and time of call-up, quantity of data transferred, notification of successful call-up, web browser and requesting domain. In addition, the IP addresses of the requesting computers are registered. Further personal data are recorded only if you provide this information freely, for example as part of an inquiry or registration.

Use and passing on of personal data.
 Insofar as you have made personal data available to us, we use these only to answer your inquiries, to process agreements we have made with you and for technical administration. Address and order data are also collected for our own marketing and advertising purposes. 

 Your personal data will only be passed on to third parties or transferred in any other way if this is necessary for the purposes of processing our agreement – in particular, in passing on order data to suppliers if it is required for accounting purposes or you have agreed beforehand. You have the right to revoke any agreement you have given with effect for the future. 

 The personal data stored will be deleted if you revoke your agreement to their storage, when knowledge of these data is no longer required to pursue the purpose for which they have been stored, or when their storage proves to be inadmissible for other legal reasons. 

 Note: You can countermand the use, processing and transfer of your personal data for marketing and advertising purposes informally at any time by letter to Lava Vide South Africa, 5 Strirling Road, Bryanston X 8, 2191, or by email to info@lava-sa.co.za. This does not, however, apply to the data required for processing your order. Once we have received your objection, we shall no longer use, process or transfer the data concerned for any purpose other than the processing of your order.

Use of cookies.
 We employ cookies – little files with configuration information. They help us to determine and realise specialised user functions. We do not record any personal data through cookies. All the website functions can also be used without cookies, but some user-defined properties and settings are then not available.

Google Analytics.
 This website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable the analysis of your use of a website. The information created by the cookie about your use of this website (including your IP address) is transferred to a Google server in the US and stored there. Google will use this information to evaluate the use of the website, to put together reports on website activity for website operators and to provide further services in connection with website and internet use. Google may also pass this information on to third parties, to the extent that this is legally required or insofar as third parties are processing these data under contract from Google. In no case will Google link your IP address with other Google data. You can prevent the installation of cookies by activating the corresponding setting in your browser software; however, we have to point out that in such a case you may not be able to use all the functions of this website to their full extent. By using this website, you agree to the processing of your data collected by Google in the manner described above and for the purpose stated above.

Right to information.
 You have the right to information at any time regarding your stored personal data, their origin and the receiver as well as the purpose of data processing. The webmaster will provide information about the stored data.

Facebook.
 Our website also includes directions (links) to the external social network Facebook. This Internet presence is run exclusively by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook). The links are identified within our website by the Facebook logo or the addition “like” (no Facebook plug-ins are used).

 If you click on and follow these links, the Facebook plug-ins are activated and your browser will link directly to the Facebook servers.

 If while visiting our website you follow these links and are logged into Facebook via your personal account, the information that you have visited our site will be passed on to Facebook. Facebook may allocate your visit to our website to your account.

 This information is transferred to Facebook and stored there. To prevent his, you must log out of your Facebook account before clicking on the link.

 The functions allocated to the Facebook links, in particular the transfer of information and user data, do not become active just by visiting our website, but only when you click on the corresponding links.

 The purpose and extent of data collection by Facebook and the further processing and use of your data there, together with the rights and setting options you have to protect your privacy in this context, can be found in the Facebook data protection notes (http://de-de.facebook.com/privacy/explanation.php).

Security note:
 We make every effort to store your personal data, using all the technical and organizational options, in such a way that they cannot be accessed by third parties. In email communications, we are unable to guarantee full data security, so we recommend that you send confidential information by post.