Please take a moment to read these terms and conditions of purchase (“Terms”) to understand how they apply to the Products offered on the Site. These Terms, together with the Website User Terms and Privacy Notice and any provisions contained in the online registration, order and payment process will make up the agreement (“Agreement”) between You and Us for purchase of the Products on this Site.
If You do not agree with any of these Terms You will not be able to purchase Products.
Please note that in terms of the Consumer Protection Act 68 of 2008 (“CPA”) there are clauses in these Terms that require Your careful attention and consideration and You should ensure that You fully understand what they mean. These clauses may limit Your rights, make You liable, or require You to indemnify a third party or confirm facts. To assist You and to specifically draw Your attention to these clauses, these terms appear in bold font. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA.
DEFINITIONS AND INTERPRETATION
In these Terms:
“Adamm we /our/ us” means the Adamm division owned and operated by MSQ Diagnostics (Pty) Ltd, [Registration no 2017/311994/07], a company duly registered in the Republic of South Africa, with its business address at 101 Central Street, Houghton Estate, Johannesburg, 2198;
“Content” means any information, text, graphics, photos and other materials uploaded, downloaded or appearing on the Site that is encountered as part of your experience using the Site;
“Products” means the ADAMM range of products offered for sale on the Site;
“Supplier” means Health Care Originals, Inc., a business organized and existing under the laws of the United States of America and having its principal place of business at 1 Pleasant St., Suite 442, Rochester NY 14604, USA;
“Services” means the Services we provide you via the Site to purchase and get delivery of Products;
“Site” means the Website situated atwww.adamm.co.za, owned and operated by MSQ. ;
“User/you/your” means you as the user of the Site and purchaser of the Products;
Words importing any one gender shall include the other gender; the singular shall include the plural and the other way around; a reference to natural persons shall include created entities and vice versa (the other way around).
If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, effect shall be given to it as if it were a substantive provision.
When any number of calendar days is prescribed in these Terms, that number of days shall be reckoned exclusively of the first and inclusively of the last day.
The rule of construction that an agreement is interpreted against the party responsible for drafting it shall not apply.
The expiration or termination of these Terms will not affect any provisions which provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination.
The provisions, information and terms and conditions which apply as part of the process of registration as a user of the Site and in the purchase of Products, shall be binding on you and shall be incorporated by reference into these Terms. You acknowledge and agree that you have read and understand the provisions and information appearing on the Site and any links therefrom accordingly.
These Terms govern the sale and purchase of Products on the Site.
The Products are not available for sale to persons under the age of 18.
You understand and acknowledge that the Products offered on the Site and all transactions related thereto and recorded and agreed to in the process of registration, placing the order and payment will be binding on you.
You further acknowledge and understand that the conclusion of any required documentation and / or agreement or consent to any provisions or action to be taken takes place in an electronic format via the Site and that tick boxes which are ticked by you constitute agreement to the document and/or provisions to which such tick box relates. No further physical signature or documentation will be required in order for agreement to be reached.
You must register and set up a user account (“Account”) to purchase Products. Our Site will guide you through the steps you need to take to do so.
You must be at least 18 years of age to register and open an Account.
Registration of an Account by you constitutes your acceptance and agreement to be bound by the Agreement.
To register an Account:
you will be required to provide certain personal information as well as a unique username and password. You will need to use your unique username and password every time you wish to access the Site to purchase Products.
you may be required to provide us with credit and/or debit card and/ or other form of payment information (Payment Information) which we use to facilitate payment with third party payment processors.
We are not responsible to verify any information provided by you to us in registering or purchasing Products and you understand and agree that we are entitled to rely on the correctness of the information given by you to us and hereby indemnify us accordingly. Eventhough we are not obliged to, you hereby agree and consent, as and if we deem it necessary, to us taking such steps to verify whether, in completing the registration, you have provided us with complete and accurate information about yourself and your Payment Information.
Once the correct username and password relating to your Account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment for Products, unless the order is cancelled by you in accordance with these Terms.
You will use your username and password for your personal use only and will not disclose it to any third party.
You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
You agree to notify us of any changes in your information, including invalid or expired Payment Information, immediately if it occurs. If you do not do so, we may terminate this agreement.
To amend any of your details, please go to “My Account”.
By creating an Account, you agree that we may send you emails and text (SMS) messages or contact you telephonically as part of the normal business operation of your use of the Site and purchase of Products.
We are an appointed agent and distributor for the sale of the Products in South Africa.
A detailed description of each of the Products can be found on the Site. We rely on Product information supplied by the Supplier and we accordingly bear no
liability for any inaccuracies in the information supplied to us related to any Product.
All Products displayed on the Site are subject to availability and will be delivered only within the South Africa to designated areas.
Products offered on the Site are for sale only for domestic and private use. You agree not to purchase or use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We reserve the right to discontinue or change the specifications of Products on offer from time to time without notice. We will inform you as soon as possible if any Products ordered by you are not available.
The images of the Products on our Sites are for illustrative purposes only.
Although we have made every effort to display the Products accurately, your Products may vary slightly from those indicated in the images. The packaging of the Products may also vary from that shown on images on our Site.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Site. However, should there be any errors of whatsoever nature (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save, in the case of any incorrect purchase price, to the extent of refunding you for any amount already paid.
We shall not be bound by any incorrect information regarding the Products displayed on any third-party websites.
PURCHASE OF PRODUCTS
The advertising and promotion of Products on the Site is an only invitation by us to you to make an offer to purchase.
Our Site will guide you through the steps you need to take to purchase Products. All provisions and annotations contained in that prompted process shall form part of these Terms and shall be incorporated as part thereof so please read and check each page of the order process carefully.
You must place your order by indicating which Products you wish to add to your basket before proceeding to check out.
We will send you an order confirmation by email once you have paid the Total Purchase Cost for the purchase transaction.
The order confirmation will be deemed to be acceptance of your offer to purchase the Products referred to therein.
Placing Products in your basket without completing the purchase cycle is not an order and such Products may be removed from the basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold
us liable if such Products are no longer available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
If a we are unable to supply you with a Product, for example because that Product is not in stock, or no longer available, or because it cannot meet your requested delivery date, or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order. We may give you the option of changing the order for an alternative available substitute Product which is substantially similar. You may select the alternative Product or elect to cancel the order. If you have already paid for the Product and choose alternatives which differ in Total Purchase Cost, we will make the necessary adjustments to the Total Purchase Cost payable by crediting the same account from which payment was made, alternatively if you choose to cancel the order, we will refund you the full amount paid by you in respect of that cancelled order.
We regret that no order will be accepted if we identify a material error in the description of any Products or their prices on the Site.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
By placing an order for Products, you agree that we may deliver confirmation and further information to you, telephonically, by e-mail or SMS, using the contact information you provided in your Account.
You hereby agree that we may send you electronic and non-electronic communications relating to your order and/or the Products from time to time.
The purchase price of the Products is indicated on our Site and includes value added tax (“VAT”) at the applicable current rate chargeable in South Africa for the time being.
All prices shown on our Site are quoted in South African Rands and are valid and effective only in South Africa.
The prices of Products reflected on the Site are subject to availability. Prices may change on a daily basis.
In addition to the purchase price you will be charged a delivery fee.
The purchase price plus the delivery fee (Total Purchase Cost) will be payable by you to us for the Products.
The Total Purchase Cost is indicated during the check-out process, before you confirm your order. The Total Purchase Costs will be payable upon checkout.
Payment for your Products must be made in advance by paying the Total Purchase Cost.
Payment may be made via Visa or MasterCard. Our bank account details will be provided on the order confirmation at checkout.
Since payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products will be cancelled.
You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Products. You also warrant that your credit card has sufficient available funds to cover the Total Purchase Cost.
Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the goods.
We are committed to providing secure online payment facilities and take all reasonable steps to secure and protect your Payment Information.
Card transactions are acquired for us via PayGate (Pty) Limited, which is the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the Site. You may go towww.paygate.co.za to view their security certificate and security policy.
When you place your order and proceed to check out, you will be required to give Us your Payment Information.
Your Payment Information will need to be uploaded each time you purchase a new Product.
By giving us your Payment Information, you are consenting to PayGate and the acquiring bank having access thereto and use thereof in order to process payment to us.
By submitting your order, identity number and payment card details you warrant that you are fully authorised to use your chosen payment method and that we will not be liable for any incorrect details given by you to us. You also warrant that you have sufficient available funds to cover all costs incurred as
a result of your purchases on the Site and any costs associated with collecting payments.
If a payment fails, we have the right to withhold delivery until payment has been made via an alternative payment option.
Only you or your duly appointed representative may take delivery of the Products.
You or your authorised representative may be asked to sign a duplicate copy of the invoice to confirm receipt of the Goods.
You will receive an SMS from our delivery agent with a waybill number and a stipulation of the expected delivery date as chosen and agreed to in the order confirmation. Once the driver is on the way to you, you will receive another SMS will be sent notifying you that your delivery is on the way.
For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the Products at the delivery address is presumed to be authorised to accept delivery on your behalf and you hereby indemnify us accordingly.
Should no-one be in attendance at the time of delivery, the driver will keep the Goods and leave a notice. The driver will try to contact you to make new arrangements for delivery or collection only one more time Any subsequent delivery attempts will be at at the cost of an additional delivery fee.
Signature of the invoice shall be deemed to be proof of proper delivery in terms of this Agreement.
A delivery fee will be charged for each order you place which will be included in Total Purchase Cost.
Delivery of the Products is outsourced to a third-party delivery agent, presently Skynet South Africa (Pty)Limited. Accordingly, we cannot, to the extent permitted by law, be liable for any Loss or delay caused by them.
We will use our best endeavours will be used to deliver the Products within the time frame chosen and agreed to in the order confirmation, to the address supplied by you in your Account, however delivery within this time frame is not guaranteed and you will not have any claim against us if the delivery is delayed for any reason whatsoever.
The person accepting the delivery must be capable of proving that he or she is 18 years of age or older and can provide a valid form of government issued identification at the time of delivery.
The obligation to deliver Products to you is fulfilled when the delivery of the Products is made to the physical address nominated by you for delivery in your Account. We are not responsible for any loss or unauthorised use of the Products, after they have been delivered to such address.
We reserve the right to make delivery of the Products by instalments. If the Products are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.
If you fail to take delivery of the Products, we may at in our discretion charge you for the additional shipping cost.
RISK AND OWNERSHIP
Risk and ownership in the Products shall pass to you on delivery.
USE OF THE PRODUCTS
The use of the Products will be subject to directions given by the Supplier and governed by the Suppliers terms and conditions. The directions and terms and conditions will be available from the Supplier and referenced in the documentation which is included in the Product packaging.
Please pay careful attention to them.
We are the appointed distributor of the Products. The manufacturer and operator of the Products is the Supplier. As distributor we do not have any control over or ownership of the manufacture, functionality and/ or safety of the Products.
Therefore, all Product warranties are given and serviced to you directly by the Supplier pursuant to its warranty terms (Supplier Warranties). The warranty agreement will be between you and the Supplier and not between you and us. We cannot offer you any further warranties. You understand and agree that we are not responsible for any warranty claims and you will not have any cause of action or rights of recourse against us in the event of a warranty claim.
You may notify us through the Site or by email email@example.com or calling to speak to a consultant on our ADAMM line: 010 003 7902. if your Product is defective and a prompt response is assured to such notifications. Once the Product complaint has been raised by you, we will initiate a process with the Suppler to vet the request and proceed accordingly
If you have a Product complaint we will verify whether it is eligible for return or exchange with the Supplier who is the ultimate in terms of its returns and refunds
policy and , and if the complaint relates to the Products not being in working order or unsafe, the right to return or exchange the product and/ or any other claim you may have in respect of such complaint shall be subject to verification by the Supplier and subject to the Supplier Warranties;.
If we assist you with a warranty claim and/ or refund or exchange application in relation to the Supplier Warranties, you understand that this is to assist you and not as a result of any legal obligation and/ or liability we have to you in respect of the warranties but in order to assist you with the process.
The Suppler Warranty terms for your Product will be included in the packaging documentation when you receive your Products. Please read them carefully.
In line with the Supplier Warranty, all Products do carry a 1-year warranty from the date on which they are sold to you.
RETURNS AND REFUNDS
Other than claims which are subject to the Supplier Warranty, Products once sold may be returned for a refund, in our sole and absolute discretion, but subject always to the applicable legislation. We will only consider requests for returns or exchanges in the following cases:
Products were received in a damaged condition;
Products were received in packaging that had already been opened;
where you have placed an order for one item code but a different item code was delivered by us;
delivery of short quantity;
Refunds are applicable only for Products received in un-opened and un-used condition.
If opened and unused but returned in the original packing and working condition, you may be eligible for a refund less any cost of repackaging.
You must notify us through the Site or by email and a prompt response is assured to such notifications. Once the Product return / complaint request has been raised by you, we will initiate a process to vet the request and proceed accordingly.
You must initiate a return request with 7 days of receipt of the Product.
In any of the above cases, after due verification by us and/ or the Supplier, as the case may be, where a refund has been approved, if payment has been made by credit card / debit card through the designated payment gateway, then the refund amount will be reversed back to your credit card / bank account
No exchanges of Products shall be allowed.
Please note that return freight is your responsibility unless we made an error. Carefully follow all return-shipping instructions that are included with your Return Authorisation number. In case an item is returned to the wrong address, we reserve the right to charge for any additional shipping fees associated with shipping the item to the correct location. To protect the returned Products, we strongly recommend insuring the items against shipping loss or damage.
Thoroughly inspecting your order is critical. we recommend that you check your order immediately. if there is damage to the packaging or to the internal contents, please have the delivery driver make appropriate notations before signing the delivery note. Promptly notify our returns department of any shipping damage.
You hereby agree that all orders and any other communications which purport to originate from you and which are sent to us electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given in the form actually received by us. You will be bound by such communication with no liability of whatever nature attaching to us in regard thereto.
You waive any rights you may have or obtain against us arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that we act on your orders or communications, or orders or communications that purport to come from you and you indemnify us against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that we acted on your instructions/orders or instructions/orders which purport to come from you.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by an Event Outside our Control, as explained in this clause.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under an order, we will contact you as soon as reasonably possible to notify you, and our obligations under any order will be suspended for as long as the Event Outside Our Control lasts. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel an order affected by an Event Outside Our Control.
If you cancel after delivery has been made, you will be responsible for delivery costs associated with returning the Products to us.
If you have opened the package or used the Product, you shall not be entitled to cancel your order therefore in terms of this clause.
DATA PROTECTION AND PRIVACY
By accepting these Terms, you confirm, acknowledge and agree, with express consent, that we may collect and process your Personal Information in terms of our Privacy Notice which you have read, understood and agreed to.
The contact details contained in your Account will be regarded for all purposes as the legal address where, legal and other notices and statements can be delivered to you (“Notice Address”).
Your contact details include cellular phone number, physical address, and email address.
We choose the following address as Our address for legal notices: 101 Central Street, Houghton Estate, Johannesburg, 2198;
Any communications in connection with this Agreement must be sent via email to the email addresses referred to in this clause 18. For delivery of legal process you must use our physical address set out in this clause 18. We will serve legal process to you at the physical address in your Account.
Any notice or communication required or permitted to be given in respect of the provisions of this Agreement will be valid and effective if sent to your Notice Address.
Any notice sent by prepaid registered post will be deemed to have been received on the 5th (fifth) Business Day after posting; or sent by ordinary mail will be deemed to have been received on the 7th (seventh) Business Day after posting; or delivered by hand will be deemed to have been received on the day of delivery; or sent by email will be deemed to have been received on the 1st (first) Business Day after the date it was sent.
A written notice or communication which is actually received by you will be an adequate written notice or communication to you.
DISCLAIMER AND INDEMNITY
You understand and agree that we provide an online marketplace for the purchase of the Products. We are not responsible for:
your choice of a Product;
any aspect of the use of the Products;
refunds for the Product;
Supplier Warranties; and/ or
You use our Site at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Site or reliance on any information on the Site.
We do not guarantee the suitability and ability of the Supplier.
Neither us, nor any of our officers, directors, employees, shareholders or agents shall be liable to you or any third-party for any claims relating to the purchase, sale, delivery and/or use of the Products or any consequences which may result thereof. Please read any warranty documents that may come with the Products so that you understand the terms and conditions thereof.
We shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled.
To the extent allowed by the law, you agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all loss, liability, claim, costs, charges, damages and outgoings of every description (including legal costs and expenses), compensation payable under contracts, loss of normal operating profits, loss of revenue from related contracts and pure economic loss, tracing and collection charges, costs of investigation, interest and penalties, which may be suffered and/ or incurred by you or a third party arising out of or in connection with:
your use of, or reliance upon the Site;
your inability to use the Site;
purchase of the Products;
unlawful activity on the Site and/or any linked third-party application or website;
any act, neglect or default of yours in connection with this agreement or your use of the Site or Product;
your breach of these Terms or any agreement with the Supplier;
your failure to comply with any law;
a contractual claim arising from your use of the Site or the Product.
HOW TO RESOLVE DISPUTES WITH US
These Terms and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
We offer the following process to help you resolve a complaint or dispute you may have with us.
Without prejudice to your rights in law, you are required to first approach us with any complaint or dispute and afford us an opportunity to resolve a compliant before you approach any relevant authority, court or other dispute resolution body, or refer the matter to arbitration.
a brief description of what gave rise to the complaint;
the amount in dispute (if applicable); and
supporting information or documentation, if any.
You must please ensure that you receive a reference number for complaint as well as a formal acknowledgment notification.
In the event of any dispute which remains unresolved, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg), having jurisdiction, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
The Terms constitute the sole record of the agreement between you and us in relation to the subject matter hereof.
If any term or provision 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.
No indulgence, leniency, relaxation, waiver or extension of time which we may grant you, in the event of claims and/or disputes arising, will in any way whatsoever prejudice us or preclude us from exercising our rights in terms of these Terms and neither will it constitute a waiver or limitation of any of our rights.
In the event that you commit any breach of the Terms or in the event that we are required to take any legal action, you agree and undertake to pay our legal costs as between attorney and own client.
We shall be entitled to cede, assign and delegate all or any of our rights and obligations in terms of these Terms without further notice to you.
All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
While we have in the drafting of these Terms used our best endeavours in order to comply with all applicable laws, to the extent that these Terms may require amendment in order to comply with any particular law, you hereby agree to such amendment which will be posted on the Site.