General Purchase Terms & Conditions and Product Guarantee (domestic)

General

The General Purchase Terms & Conditions and Product Guarantee (“terms and conditions”) constitute the entire agreement between Flash Living (Pty) Ltd t/a ENJO South Africa (“ENJO”) and the customer (“the Customer”) who ordered and purchased ENJO products from ENJO South Africa. Products purchased from another ENJO Franchisor, other than Flash Living (Pty) Ltd, or ENJO products purchased for commercial use are not covered by these Terms & Conditions. The conditions may not be varied unless such variation is in writing and signed by both parties. ENJO work exclusively within the framework of these terms and conditions, whether ENJO refer to these terms and conditions explicitly or not. These terms and conditions are valid for each current and future orders, commencing from the date of your invoice or order. Paid invoices supersedes provisions of orders and unpaid or partially paid invoices. These terms and conditions are agreed upon when placing an order.

Replacement of Terms and Conditions on Order Forms

These Terms and Conditions supersedes and replaces the terms and conditions on order forms, on orders placed on or after 1 March 2018. ENJO representatives, including ENJOpreneurs have to provide a copy or link to these terms and conditions to their customers who orders any ENJO product.

Terminilogy

ENJOpreneur implies the sals person or consultant who acts on behalf of ENJO during the sales process.

Host implies the person who had agreed to invite her/his friends to an ENJO demonstration

CIPC implies the Companies and Intellectual Property Commission

Price

All prices quoted in writing or orally are subject to confirmation and without obligation. Delivery costs are charged separately and do not form part of the product price.

Though we endeavour to ensure that the prices displayed by us are accurate, we offer several products for sale at any time and it is possible for some pricing to be inaccurate. While we go to lengths to ensure that the prices we display are accurate, we are reliant on our suppliers for providing accurate pricing information and as a result it is possible that erroneous prices may be displayed from time to time. In such cases, we shall not be obliged to sell the product at the erroneous price, and will correct erroneous prices as soon as we become aware of them.

The prices we display for products on our website will fluctuate with exchange rates, and as our suppliers change their stock holdings and pricing. Displaying a price on the website does not constitute any undertaking by us to maintain that price for any length of time, unless explicitly specified by us. We will always endeavour to complete your order at the price quoted at the time that the order was placed, but in cases of erroneous pricing or where our suppliers deplete their reserves of specially priced stock, we may cancel all or a portion of your order and fully refund any advance payments that you have made toward the affected products.

Payment

If not agreed on otherwise, the goods have to be paid in full before delivery can take place. ENJO do not accept cheques. Cash Deposit default of 10% deposit fee. ENJO do take Debit Cards, Cheque Cards, and Credit Cards and can offer payment via straight facilities. Budget facilities to be arranged by the customer with their bank on terms they agree.

Credit Payment and Terms

ENJO offer credit terms in accordance with the NCA, and is a registered credit provider. The ENJO Credit Terms and Conditions apply to Credit Payments. ENJO may decline credit sales as only a limited number of sales are currently available under credit terms.

Lay-buy agreements  (Price Saver)

ENJO offer special price saver agreements, where the customer agrees to specific future purchases and still make use of the applicable special offers. The Lay-buy Terms and Conditions apply.

VIP Points Purchase (ENJO VIP Members)

This Terms and Conditions are also applicable to purchases of ENJO products using VIP Membership Points.

EFT Payments

EFT Payments can be done directly into ENJO SA’s bank account. For privacy and security purposes, ENJO will will not present the bank details on this terms and conditions, but will be presented on our invoice, or on request.

Dispatch

The dispatch takes place at the risk of the buyer. ENJO are not liable for the complete arrival of the merchandise in good time and are entitled to reject any order which has been accepted by an ENJOpreneur.

Delivery

For deliveries we use the South African Post Office, The Courier Guy (door-to-door deliveries), and Speed Services Couriers (express counter-to-counter deliveries). We reserve the right to use any other service providers as needed.

You need to ensure that you provide us with a valid delivery address and contact number and choose the correct delivery address and delivery method during the checkout or purchase process.

For further information regarding our delivery rates and terms & conditions, please visit…

Please contact us if you do not receive your parcel within the estimated delivery time provided and we will happily assist in locating it.

You accept that in order for us to prove delivery of an order, or part there of, we do not have to prove that you personally received the goods, but that any person at the delivery address specified on your order signed for the delivery.

In the case of post office or depot collections, we need to prove that somebody, not necessarily you, collected the delivery from the depot or post office. Unfortunately, proof-of-delivery records cannot be retained indefinitely and if a delivery has been dispatched by us and not reported missing by you within six months of us having dispatched it, the package will be deemed to have been delivered without us having to provide proof of delivery.

Should a delivery be returned to us as undeliverable, we will let you know and request that you make arrangements to either have the parcel collected from us or re-delivered to you. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such request being made.

Should you choose to collect your order or parts thereof from us, we will let you know once each parcel is ready for collection. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such notification being sent.

Should you receive a delivery where the contents of the package do not match the items listed on the dispatch note included in the package, you agree to notify us without delay and we will not be liable for shortages not reported within seven days of you having received the package.

Delivery made to areas outside of the delivery areas of our service provider will be charged at higher rates and must be paid by the customer in addition to the price of the product purchased.

Delayed or Cancelled Orders

Most orders are dispatched on time but unfortunately, unexpected delays can occur and we may not be able to dispatch items within the schedule provided. Items can run out of stock or be discontinued without warning, and we may not be able to fulfil orders for that item. We will do our best to keep you informed of any unexpected delays, stock shortages or discontinued items.

If we are not able to dispatch or deliver an item to you within the schedule provided, you may refuse a delivery, cancel your order or return the parcel to us (in its original state), and we shall refund you in full.

Agreement of Sale

An order is placed with us only after you have clicked on the [Pay for this order] button, or paid for your order using any of the payment options that we provide subject to the terms and conditions of those payment options. Your order is an offer to purchase the goods from us. We only accept your offer once we have dispatched the goods or you have collected them from us. We do not need to communicate our acceptance to you.

Placing an item in your cart, or completing an offline order form does not constitute the acceptance of the order by us, and we cannot be held liable if the item is no longer available, or if the price has changed by the time you have paid for the order or completed the online checkout process.

We reserve the right to cancel an order at any point in time without giving any reasons. In this case, we shall be liable to refund any money already paid in respect of that order.

Please note that our website, or ENJOpreneurs will show an item as being available even if only one unit is available to purchase. If you order multiple units of the same item, we may not be able to supply additional units at the same price, within the same time frame, or in some cases, at all. Please contact us to check availability of multiple units prior to placing an order.

Should you wish to cancel all or part of an order, please send your cancellation request to ENJO or to your ENJOpreneur. Please note, however, that we may not be able to cancel items from an order if they have already been dispatched to you.

Quality, satisfaction guarantee and compensation of damages

ENJO guarantee that the quality of the delivered products meets the Austrian standard. Any customary or minor variations in terms of quality, colour, width, weight, equipment or design remain subject to change. Any claims on the ground of supply defects over and above the warranty claims are excluded. All demands of the buyer are restricted to the value of the delivered goods. Th buyer has no right to cancel this agreement, other than what is provided under the provisions of the Consumer Protection Act.

Reservation of ownership

All goods supplied by ENJO shall remain the property of ENJO until such time as the total order amount is settled. including all delivery costs, Value Added Tax as well as other costs associated with this order, including all claims resulting from the business relationship in question have been settled. In case of default payment of the buyer, ENJO are authorised to take back the delivered goods, without withdrawal from the contract.

Cooling off Period

The buyer has the right to withdraw from this agreement within 5 business days from the date of payment of the order without providing a reason as stipulated by the Consumer Protection Act.

Right of withdrawal (Undemonstrated)

This clause applies to sales where the customer have not had the opportunity, to view and inspect the products. For example by purchasing ENJO via the internet or over the phone. For these cases, ENJO afford the customer the opportunity to inspect their order upon receiving that order. If the products is not as expected or for whatever reason, and the customer decides to withdraw from this agreement, then the customer has to return the received products in the original state and packaging within 10 calendar days of receiving their order.

ENJO will not be obliged to a total or partial refund for any product that were returned and not in the original condition. Should the customer use their product, then that indicates that they are in agreement that the product is fit for the purpose for which they have obtained the product, after which this clause no longer applies. T

extends the cooling off period as stipulated by the Consumer Protection Act with this right of withdrawal clause, and with specific provisions and conditions. The right of withdrawal period is 30 calendar days of the date that the buyer ordered the ENJO products. Within the 30 calendar days, the customer must complete a withdrawal form, available on request and from www.enjo.co.za. The name and contact details of the ENJOpreneur must be listed on the order form. The products of withdrawal have to be returned to the ENJOpreneur directly, by mail or another suitable manner within 14 days from the date the customer declared her/his withdrawal, at the customer’s account.

After the ENJOpreneur has received the goods, ENJO will reimburse the purchase price less any loss of value to the products if not in the original state. The customer is responsible for the direct costs of the return of the goods, as well as any loss of value as a result of any damage or through the use of the products, that will make the resale of a specific item impossible. ENJO reserve the right to inspect and make a fair judgement on the loss of value. Upon expiry of this clause by the customer using any particular product, the following clause right of withdrawal (demonstrated) applies.

Right of withdrawal (Demonstrated)

This clause applies to direct sales or internet sales where the customer had the opportunity to inspect the product, either through a demo or any other opportunity (upon delivery) to view and inspect the products. ENJO extends the cooling off period as stipulated by the Consumer Protection Act with this right of withdrawal clause, and with specific provisions and conditions. The right of withdrawal period is 30 calendar days of the date that the buyer ordered the ENJO products.

Should the customer which to withdraw from the purchase within 30 calendar days of order date, the customer must complete a withdrawal form, available on request or available on www.enjo.co.za. The name and contact details of the ENJOpreneur must be listed on the order form. The products of withdrawal have to be returned to the ENJOpreneur directly, by mail or another suitable manner within 14 days from the date the customer declared her/his withdrawal, at the customer’s account.

After the ENJOpreneur has received the goods, ENJO will reimburse the purchase price less any loss of value to the products if not in the original state. The customer is responsible for the direct costs of the return of the goods, as well as any loss of value as a result of any damage or through the use of the products, that will make the resale of a specific item impossible. ENJO reserve the right to inspect and make a fair judgement on the loss of value.

Manufacturers Warranty

All products have a 2 year warranty against faulty workmanship. Products are only covered when used for their intended purposes and cared for in a way prescribed in the General Use and Care Instructions in the ENJO Product Brochure. Please keep your order form, invoice and proof of payment as proof of purchase is required to make a claim. In case of commercial use the products have a warranty of six (6) months. This warranty excludes wear and tear. Please refer to the VIP Membership Terms and Conditions for extended warranty options.

ENJO Privacy Policy

ENJO records your personal information in order to fulfil your orders and requests and also to improve customer service and provide you with on-going communication about the company and the ENJO products. With fulfilling any order with ENJO, you agree that your personal information will be used by ENJO to make regular service calls and send you promotional materials from time to time. ENJO guarantees that your personal details will never be shared with another company or person unless specifically required by law. This agreement includes our Protection of Privacy Policy, and the Protection of Privacy Policy supersedes this summary clause. For our Protection of Privacy Policy, please refer to https://enjo.co.za/protection-of-privacy-policy/.

Host Gift

As a Host you can choose all products of our current price list, except set and special offers.

VIP Members

As a VIP Member, you can purchase any product listed on our current price list with your VIP points, provided that the specific product is available as VIP purchase by indication of VIP points next to the respective items. VIP Points cannot be used to purchase any special offers, except if the VIP points necessary to purchase such offer is explicitly indicated on that offer.

Domicilium

Th customer nominates his/her physical address as reflected on the order form and/or invoice as their domicilium et executandi. ENJO nominates as domicilium et executandi the official address as registered according to the CIPC’s latest records.

Changes and acceptance of terms

ENJO may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on our website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.

 

General

The invalidity of any part of this agreement will not affect the validity of any other part, as each clause in this agreement being severable from the rest.

In the event that any term, condition, covenant or provision contained herein shall by any court having jurisdiction to be unenforceable, illegal, void or contrary to public policy, the remaining terms, conditions, covenants or provisions shall continue to be in full force and effect.

Governing Law

This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa, and all transactions and purchases in accordance of this terms and conditions shall be deemed to have been made in Johannesburg, Gauteng, irrespective of the delivery address, physical address or domicilium of the customer.

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