HealthRAD Online Terms And Conditions

TERMS AND CONDITIONS OF SALE

1. INTERPRETATION

1.1 “Terms and Conditions” means these Terms and Conditions, which govern the ordering, sale and delivery of goods.
1.2 “Cancellation Fee” means the fee payable by the Customer to the Company on cancellation of an order as specified in clause 7 of these Terms and Conditions;
1.3 “CPA“ means the Consumer Protection Act 68 of 2008;
1.4 “Company” means registration No. 2009/002075/07;
1.5 “Customer” means a person or entity that places an order for Goods on this Website.
1.6 Delivery Fee” means the cost exclusive of the purchase price of goods which is charged separately for the delivery of goods to the Customer’s nominated address.
1.7 “Goods” means all products available for sale to Registered Users on the Website;
1.8 “Intellectual Property” means any content, domain names, patent, trademark, service mark, copyright, moral right, right in a design, know-how, software, database, text, graphics, icons and hyperlinks and any other intellectual property, anywhere in the world whether or not registered;
1.9 “Portal” means the electronic platform provided by the Company and which is available on the Website;
1.10 “Registered user” means any person who successfully registers on the Website .
1.11 “Website“ means the website www.healthradonline.co.za
1.12 Unless inconsistent with the context, an expression which denotes:
1.12.1 any one gender shall include the other;
1.12.2 a natural person shall include a juristic person and vice versa;
1.12.3 the singular shall include the plural and vice versa.
1.13 In the event that the day for payment of any amount due in terms of these Terms and Conditions should fall on a day which is not a business day, then the relevant date for payment shall be the first following business day.
1.14 Where figures and/or amounts are referred to in numerals and in words, the words shall prevail if there is a conflict between the two.
1.15 Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined shall bear the same meaning as ascribed to it throughout the Agreement, notwithstanding that the term has not been defined in this interpretation clause unless it is clear from the clause in question, that the term so defined has limited application to the relevant clause.
1.16 The use of the word “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording, examples or specific examples.
1.17 The rule of construction, that in the event of ambiguity, the Agreement shall be interpreted against the Party responsible for the drafting and/or preparation thereof, shall not apply.
1.18 The expiration and/or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provided that they will operate after any such expiration and/or termination and/or which of necessity must continue to have effect after such expiration and/or termination, notwithstanding that the clauses themselves do not expressly provide for same.

2. CONSUMER PROTECTION ACT (CPA)

The provisions of the CPA apply to these Terms and Conditions in respect of Registered Users and/or Customers who constitute ‘consumers’ in terms of the CPA.

3. REGISTERED USERS

3.1 Only Registered Users shall have the ability to purchase goods on the Website.
3.2 All Registered Users will be issued with a username and password. Registered Users must keep their access details (username and password) confidential and not allow other people to use them. A Registered User accepts full responsibility for all activities that occur under his access details and accepts responsibility for sharing his username and password with any third party. Any use of a Registered User’s access details shall be regarded as if he was the person using such information. This means, amongst others, that the Registered User will be responsible for payment of goods ordered under his access details.
3.3 A Registered User must inform the Company immediately when it comes to his attention that an unauthorised person has obtained access to the website under his login details, if he has misplaced his login details or if he has any reason to believe the confidentiality and security of his password has been compromised.
3.4 The Registered User warrants that he is at least 18 years old and has the legal capacity to bind himself to these Terms and Conditions.

4. GOODS AND THE CONCLUSION OF SALES

4.1 Only Registered Users may place orders for goods on the Website. Orders of Goods are subject to the availability of.
4.2 The stock of all Goods on offer is limited and that the Company reserves the right to change pricing at any time before a sale is concluded.
4.3 Acceptance of the order of the Customer on the Website will be confirmed once the Company confirms availability of the goods and its ability to deliver them to the Customer’s nominated address. The sale of goods will occur once the goods are either collected by the Customer or delivered to their nominated address.
4.4 Prior to delivery or the Customer’s collection of the Goods, the Customer may cancel an order at any time provided he does so before a dispatch or delivery notice has been issued. After delivery of the Goods, the Customer may return the Goods only in accordance with the Returns Policy contained in clause 7 of these Terms and Conditions.

5. PACKAGING AND DELIVERY OF GOODS

5.1 All Goods shall be packaged in the standard packaging as received from the Company’s supplier.
5.2 Goods ordered shall be sent by courier to the Customer’s nominated address in return for a delivery fee.
5.3 Should the nominated delivery address be inaccessible for any particular reason the Customer shall have the obligation to collect the goods from HealthRad’s premises in Pretoria.
5.4 Delivery shall occur within 7 days from receipt of the order unless otherwise stipulated. Should delivery be delayed for any reason, the Company shall advise the Customer accordingly.

6. LIMITATION OF LIABILITY AND INDEMNITY

6.1 The Company shall use all reasonable endeavors to ensure that its Portal and Website is functional at the time of placing an order.
6.2 The Company does not warrant that :
6.2.1 the Website/Platform will be continuously available, or that the Customer’s use thereof will be uninterrupted or error free; and/or
6.2.2 that all the information that is provided on the Website/Platform is up to date or accurate.
6.3 It is the Customer’s responsibility to ensure that his systems are compatible with the ordering platform.
6.4 The use of the Website and/or the Platform is entirely at the Customer’s own risk and the Customer assumes full responsibility for any risk or loss resulting from use of the Website and/or the Platform or reliance on any information on the Website or the Platform.
6.5 The Company disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the Customer’s access to or use of the Website/Platform and/or any content therein.
6.6 The Website/Platform and all information provided on the Website/Platform are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

7. CANCELLATION AND RETURNS POLICY

7.1 The Customer must send an email to admin@healthradonline.com should they intend to requesting a return of goods.
7.2 Should the Customer want to return Goods that have been purchased online the Customer shall have 7 (seven) days from the date of receipt of the Goods to return the Goods to the Company. Should the goods be returned they need to be in an unused condition and be in their original sealed packaging. Customers will be liable for the direct costs of returning the goods. Prior to the acceptance of returned goods they shall be inspected by the Company.
7.3 In the event that the courier company delivers the Goods to the Customer’s nominated address, the Customer has the right to inspect the goods. If upon inspection the Customer determines that the Goods are damaged or are not in accordance with the Goods originally ordered, the Customer can refuse acceptance of the goods. Upon the Customer’s written request, the Goods will be replaced and redelivered.
7.4 The provisions of the CPA apply to the return of Goods that are subject to this law.

8. BREACH

8.1 Save as otherwise provided in these Terms and Conditions, should a party (the defaulting party), commit a material breach of any provision of this agreement and should such breach be;
8.1.1 Incapable of being remedied; or
8.1.2 be capable of being remedied, and should such party fail to remedy such breach within 7 (seven) days after receiving written notice from another party (the
aggrieved party), requiring the defaulting party to do so, then the aggrieved party shall be entitled, without prejudice to its other rights in law, to cancel these Terms and Conditions or to claim immediate specific performance of all of the defaulting party’s obligations whether or not due for performance, in either event without prejudice to the aggrieved party’s right to claim damages.

9. FORCE MAJEURE

9.1 Neither of the Parties shall be liable to one another for any consequences of delay in or failure to fulfil or perform their obligations under these Terms and Conditions if and to the extent such delay or failure is caused by circumstances beyond that Party’s reasonable control or anticipation, including for example, but not limited to, flood, fire, earthquake, storm, tempest, hurricane, other natural disasters, war, civil unrest, nuclear explosion or fallout, industrial and protest action, government restrictions, acts of God, epidemic or pandemic, howsoever caused. For the avoidance of doubt, a lack of funds will not constitute a force majeure event.
9.2 Should any event of force majeure arise, the affected Party shall notify the other Party without delay and in writing and the Parties shall meet within 5 (five) business days of receipt of such notice, or such other period as may be agreed between the Parties in writing, to negotiate in good faith alternative methods of fulfilling their respective obligations in terms of this Agreement.
9.3 If a Party cannot perform its obligations or that performance is delayed by a force majeure event for more than 60 (sixty) consecutive business days then, on expiry of such 60 (sixty) business day period, the other Party may at its sole discretion terminate this Agreement forthwith by written notice to the other Party. Without prejudice to any claims having arisen prior to the termination of the Agreement as contemplated herein, neither of the Parties will have any claims against one another arising from or in connection with such termination.
9.4 The Parties agree that for the purposes of the interpretation and application of force majeure as provided for in this clause, it shall include and incorporate casus fortuitus (fortuitous event/unavoidable accident) and supervening impossibility.

10. APPLICABLE LAW

10.1 All matters arising from or in connection with this agreement, its validity, existence or termination shall be determined in accordance with the Laws for the time being of the Republic of South Africa.
10.2 The parties hereby submit to the non-exclusive jurisdiction of the Magistrates Court of South Africa.

11. DOMICILIUM AND NOTICES

11.1 The parties choose their domicilium citandi ex executandi (“domicilium”) for the purposes of the giving of any notice, serving of any process and for any other purpose arising from this agreement as follows:
11.1.1 The Registered User / Customer: Physical address submitted during the registration process.
11.1.2 The Company: Villebois Office Park, Block 1, 920 Jacques Street, Moreletapark x 36, Pretoria, 0001.
11.2 Each of the parties shall be entitled from time to time, by written notice to the others, to vary its domicilium to any other address within the Republic of South Africa which is .
11.3 Any notice given made by any party to another (“the addressee”) which is:
11.3.1 Delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of the delivery;
11.3.2 posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee to have been received by the addressee on the seventh day after the date of posting.
11.4 Any notice given by any party to another which is transmitted by e-mail to the addressee at the addressee’s e-mail address for the time being shall be presumed until the contrary is approved by the addressee to have been received by the addressee on the first business day after the date of successful transmission thereof and provided that the e-amil was actually received by the other Party.
11.5 Notwithstanding anything to the contrary in this clause, a written notice or other communication actually received by a party shall be adequate written notice or communication to it notwithstanding that the notice was not sent or delivered to its chosen address or e-mail address.

12. GENERAL

12.1 These Terms and Conditions are binding and enforceable against any person who purchases products through this website and constitute the sole record of the agreement between the parties in relation to its subject matter.
12.2 Each provision of these Terms and Conditions (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of these Terms and Conditions. If any of the provisions of these Terms and Conditions (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of these Terms and Conditions shall be and remain of full force and effect.
12.3 No party shall be bound by any representation, warranty, promise or the like not recorded in this document.
12.4 No addition to, variation, novation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
12.5 No latitude, extension of time or other indulgence which may be given or allowed by any party to the other parties in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any party arising from these Terms and Conditions, and no single or partial exercise of any right by any party under these Terms and Conditions, shall in any circumstances be construed to be an implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any of the party’s rights in terms of or arising from these Terms and Conditions or estop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
12.6 All costs, charges and expenses of any nature whatever which may be incurred by a party in enforcing its rights in terms of these Terms and Conditions, including without limiting the generality of the aforegoing, legal costs on the scale of attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable on demand from the party against which such rights are successfully enforced and shall be payable on demand.
12.7 The provisions of these Terms and Conditions shall be binding upon the successors-in-title . Accordingly, the rights and obligations of each party pursuant to these Terms and Conditions shall devolve upon and bind its successors-in-title.
12.8 No remedy conferred by these Terms and Conditions is intended, unless specifically stated, to be exclusive of any other remedy which is otherwise available at law, by statute or otherwise. Each remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, by statute or otherwise. The election of any one or more remedy by a party shall not constitute a waiver by such party of the right to pursue any other remedy available at law.

13. ELECTRONIC COMMUNICATION

The Parties agree that when the Customer sends e-mails to the Company or visits the Website, they are communicating with the Company electronically. By virtue of this electronic communication with the Company via e-mail or by submitting any request on the Website, the Customer agrees that the Company may monitor the Customer’s use of the Website and may send e-mails and other forms of electronic messages to the Customer regarding its order or any attempt to place an order.

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