Terms and Conditions

TERMS AND CONDITIONS

WARRANTEES

We comply with the consumer protection act with regards to defective goods. If a product has a manufacturing defect (excluding items purchased as a minor flaw from the factory outlet online) we require a proof of purchase from our website for all online orders, which may include your order number or name reference of such item, along with an image of the defect sent via e-mail to ops@antelo.co.za. Upon approval we will repair or replace such item after careful assessment and according to our discretion, within 6 month of the purchase of the said item. Should the same defect occur within 3 months after repair we will replace or refund such item. A defective item that may have been purchased from one of our stockists need to be returned to the specific point of purchase, with accommodating proof of purchase. Upon approval we will repair or replace such item after careful assessment and according to our discretion, within 6 month of the purchase of the said item. Should the same defect occur within 3 months after repair we will replace or refund such item. The transaction however needs to be processed directly from the point-of-purchase. 

CONDITIONS OF SALES DEFINITIONS

The person, firm or company buying is hereinafter termed “the Buyer” and Afika Promotions is hereinafter termed “The Seller”.

CONSTITUTION OF CONTRACT FOR SALE
2. “The offer or order (in written communication by the Buyer, via email or whatsapp, and acceptance of the Seller) constitutes a Contract
of Sale (hereinafter referred to as “The Contract of Sale”). Acceptance will not be binding upon the Seller unless an invoice has been
completed by the Seller and no statements or representations by agents or others which are not in writing and signed by the Seller will be
binding on the Seller.”

PRICES
3. The Seller’s price list or agreed quoted prices are subject to change. The actual price to be paid for the goods will be the price as stated
on the invoice dispatched to the Buyer on the placement of an order.
4. Unless otherwise stated prices quoted are net (if paid punctually on due date) of all discounts.
5. The seller reserves the right to increase our pricing structure annually at their own discretion. .

DELIVERY
6. As carriage on certain goods consigned has to be prepaid, the Seller may pay the carriage for the account of the Buyer, but all such
goods will be at the risk of the Buyer after being placed on rail or other means of transport by the Seller and the paying of carriage forward
by the Seller shall not in any way prejudice the Seller or be taken as constituting the carrier the agent of the Seller, or as varying or
waiving of the conditions of the Contract of Sale. The Seller reserves the right to include prepaid carrier costs.
7. Where the Seller has undertaken to effect delivery by its own vehicles at the Buyer’s place of business, off- loading shall be affected by
the Buyer’s own employees at the sole risk of the Buyer who shall be responsible for any damage of whatever nature caused as a result
of or during such offloading. Should the Buyer require off-loading to be effected or assisted by the Seller’s employees, such off-loading
shall nevertheless be at the sole risk of the Buyer who shall be responsible for all damage of whatever nature caused as a result of or
during the off-loading. The risk in the goods shall pass immediately when the Seller’s vehicles or courier, delivery man have passed
through the gate or entrance of the premises where they are being off-loaded.
8. The Seller does not guarantee delivery on any specified date. Delivery dates stated on the Contract of Sale are only to be used as a
guideline. The Seller will not accept or be responsible for claims against it for late delivery or for any damages caused from the delivery of
goods. 48 Hour return policy for defective products. All goods to be checked upon receipt. Goods will be sealed with marked box tape Any
tampering with marked box tape needs to be reported upon delivery
9. Payment of the purchase price shall be due in accordance with the Contract of Sale and/or the terms agreed to in the credit application
and if not paid on due date shall bear interest at a rate equal to the maximum laid down from time to time by Legislation and calculated
monthly in advance. The charging of such interest shall not prejudice the Seller’s rights to recover any amount or to any other rights due
from the Buyer.
10. The Seller reserves the right to refuse to recognize any complaint from the Buyer in respect of shortages or damage if the Delivery
Note has not been endorsed with the amount claimed as being short delivered.

COMPLAINTS

11. Damaged goods must be retained by the Buyer for inspection by the Seller and if a claim is recognized will be either removed by the
Seller, at the Seller’s expense against receipt of the Seller’s Credit Note or if so required by the Seller be destroyed after receipt by the
Buyer of written instructions from the seller.
12. The Seller shall not be responsible for any damage or shortage which is due to the negligence or act of omission or commission on
the part of any carrier transporting the goods. Damaged cartons on delivery must be checked and counted by the buyer and carrier and if
there are discrepancies based on the delivery note then both parties must sign the documentation noting the shortages.
13. All claims must be lodged in writing by email within 48 hours of date of receipt quoting the relevant Invoice/Delivery Note Number on
which the goods were supplied.

Afika Promotions PTY LTD

CK 2016/482012/07
VAT 4720217381
7 Pontac Close, Rusdal, 7580
021 552 3095

14. The Seller’s liability for any goods which may be proved to be defective shall be limited to replacing the defective goods or at the
Seller’s option passing a credit for the amount equivalent to the purchase price of the goods. In no circumstances will the Seller be
responsible for any consequential damage of any nature which may arise out of the goods being defective in any way whatsoever.
15. Claims in respect of alleged faulty goods or short delivery by the Seller shall not be grounds for withholding payment of accounts and
shall not give the Buyer any right to set-off against payments due to the Seller.
16. In no case will the Seller accept liability for damaging effects resulting from the application of any process or treatment whether
advised by the Seller or not to the goods after delivery. The Seller does not take responsibility for shop soiled damages, i.e pen marks created during stocktake or nail scratch marks.
17. The Buyer and Seller acknowledges that products made from steel can rust and is not suitable for use on washable products and the
buyer must satisfy themselves as to the suitability of the products made from steel, for the purpose for which he requires them prior to
dispatch from the Seller’s premises.
18. The buyer and seller acknowledge that electroplated finishes on brass, steel and other metal products are not suitable to be enzyme, chemically, or stone washed, as this will remove the plating protecting the product causing the metal colour and coating to change or be removed. The removal of the plating especially on steel products will in addition cause the product to rust.
19. Buyers situated in coastal areas acknowledge that sea air causes corrosion on metal fittings and therefore the responsibility lies with the Buyer to wipe the fittings with a cloth from time to time in order to prevent damage that may arise, alternatively educate the store staff of the responsibility.
20. Our warrantee: We comply with the consumer protection act with regards to defective goods. If a product has a manufacturing defect the item needs to be returned to the place of purchase, with accommodating proof of such purchase. The Buyer needs to submit such proof, with an image of the defect, to the operational team via e-mail communication to cn@antelo.co.za, for pre-approval. We will repair or replace the item after careful assessment and according to our discretion, within 6 months of the purchase of the said item. Should the same defect occur within 3 months after a repair we will replace or refund such item to the Buyer, who is responsible for the refund to the
customer.

RETURN OF GOODS FOR CREDIT

22. The Seller reserves the right to refuse a credit for returned goods, and receipt by the Seller of goods returned does not mean that such goods have been accepted for credit. Goods will only be accepted as being returned if so acknowledged by the Seller in writing, or by the issuing of a credit note.
23. The return of goods if accepted is subject to special handling charges, which are as follows:
23.1 On goods in original wrappings or packages in totally undamaged condition - 10% of originally invoiced price.
23.2 On goods where repacking is required - 15% of originally invoiced price
23.3 The Buyer agrees to accept delivery of all goods ordered and tendered for delivery in accordance with the contract of sale, any extension of delivery by the Seller will not be a reason for the buyer not to accept delivery when tendered.
23.4 Goods specially produced for the Buyer with or without logos or brand names are not returnable for any reason whatsoever.

BUYER’S FINANCIAL POSITION

25. Should the Buyer commit a breach of any of his obligations to the Seller whatever in respect of this or any other contract or have recorded against him a Judgment of any Court which remains unsatisfied for a period of seven (7) days, or be
finally or provisionally sequestrated or (in the case of a company) be liquidated or be placed under judicial management, the Seller shall be entitled:
25.1 Without notice to cancel delivery of the whole or any portion of this Contract of Sale.
25.2 To call for immediate settlement of the full indebtedness of the buyer irrespective of when due for payment under the contract of sale per agreed credit terms.
25.3 Institute legal proceedings for the full recovery of the debt without waiting for the winding up or dividends of the buyer or company in the event of a liquidation or sequestration. Is there not a process to be followed that we should specify?
25.4 The Seller reserves the rights to suspend deliveries under this or any other contract until all goods already delivered have been fully paid for.
All overdue accounts will bear interest at the maximum rate allowed by law and calculated monthly in advance.
We accept EFT payment settlement only, no cash or cash deposits. Should a cash deposit be made the full invoiced amount must reflect in the supplier's bank account. Should credit card payment be made, the transaction fee will be due by the buyer. 

GENERAL

25.5 Notwithstanding any other terms of this Contract of Sale:
The granting of credit by the Seller’s to the Buyer is in the Seller’s sole discretion and the Seller shall have the right to suspend deliveries under this contract.
25.6 The Seller reserves the right and the buyers accept that any goods the Seller delivered remain the property of the Seller until paid for in full.
26. No variations of the Conditions of Sale shall be effective unless agreed to by the parties in writing
27. All legal charges incurred by the Seller in collecting any amounts shall be paid for by the Buyer on an attorney and client scale.
28. Any dispute which cannot be settled by negotiations between the Buyer and the Seller will be subject to the jurisdiction of the Magistrate’s Court, or, at the option of the Seller, the Supreme Court of South Africa of the District where the Seller’s head office premises is situated, to which jurisdiction the Buyer hereby consents.
29. The Contract of Sale is between the Seller and the Buyer as Principals and is not assignable without the written consent of the Seller.
30. Contracts of Sales are only accepted from the buyer unconditionally, and any subsequent conditions implied by the buyer or in writing
on their Contract of Sale or purchase order shall be null and void and not apply without the written consent of the seller.
31. Cancellation of written orders by the buyer for any reason is not acceptable unless agreed to in writing by the seller and shall not be
grounds for withholding payment of accounts.
32. It is essential in case of a credit application that the Seller may make whatever enquiries it feels necessary in assessing the application for credit.
33. The Seller will be entitled to enquire and register details about the conduct of the account at Credit Bureaus. Should any of the above be defaulted for any reason or should permission be refused to enable Afika Promotions Pty Ltd to make such enquiries it is agreed and hereby recorded that the credit application may be denied.
35. The seller will not accept liability or claims from any third party should the buyer purchase, order or attach products that are not suitable or acceptable to the third party for any reason whatsoever regardless of whether advised by the seller or not.
36. No website or third-party website listings of the brand Antelo will be permitted without prior consent and approval. Should this not be adhered to the Buyer reserves the right to terminate the agreement effective immediately.
37. Content and product images are the intellectual property of Afika Promotions Pty LTD T/A Antelo and no editing of any content or product images provided by the brand Antelo will be permitted without prior consent or approval. Should this not be adhered to the Buyer reserves the right to terminate the agreement effective immediately.