Terms and Conditions

BLAZING SANDS (PTY) LTD T/a BLAZING DESIGNS
STANDARD TERMS AND CONDITIONS OF SALE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THIS WEBSITE AND/OR ENGAGEMENT WITH THE COMPANY AND/OR PURCHASE OF PRODUCT/S CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE HEREOF.

1. DEFINITIONS

1. “Company” means Blazing Sands (Pty) Ltd,Registration Number: 2024/259503/07 or its successor;

2. “Customer/s” means the party who or which purchases the Products from the Company by whatsoever means, and includes the Customer’s representatives, successors and permitted assigns, and shall also include, where applicable, any user of the Website;

3. “CPA” means the Consumer Protection Act, 68 of 2008;

4. “Contract” means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by the Company and accepted by the Customer, or an offer made by the Customer and accepted by the Company;

5. “ECTA” means the Electronic Communications and Transaction Act 2 of 2002, where applicable;

6. “Products” means the products sold to the Customer by the Company which form the subject matter of the Contract, including but not limited to furniture (including custom made furniture);

7. “shopping cart” means the shopping cart on the Website, or a purchase made through email or in store; and

8. “Website” means www.blazingdesigns.co.za.

2. IMPORTANT NOTICES

1. This document contains the standard terms and conditions of sale on which the Company sells the Products or provides the services to the Customer.

2. These terms and conditions shall be binding between the parties for all current and future sales of the Products. The Company may update these terms and conditions from time to time and it is the Customer’s responsibility to ensure that it has read and understands the rights and obligations set out herein prior to purchasing Products as the Customer will be bound to the provisions in place as at the date of purchase. The Customer’s continued use of this Website and/or engagement with the Company and/or purchase of the Product signifies the Customer’s acceptance of these terms and conditions and any updates and/or amendments thereof.

3. If the Customer is a consumer for the purposes of the “CPA”, then the provisions of the CPA will  apply to the Customer for the provision of the services or the sale of the Products to the Customer by the Company. The Customer shall be considered a “Consumer” for purposes of the CPA if it is an individual or it is a juristic person with a net asset value and annual turnover of less than R2,000,000.

4. Nothing in these terms and conditions is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either of the Customer or the Company in terms of the CPA.

5. While the Customer’s attention is drawn to the specific provisions highlighted in bold which may limit the liability of the Company, result in an assumption of risk by the Customer, oblige the Customer to indemnify the Company or serve as an acknowledgement of fact by the Customer, this does not detract from the binding nature and enforceability of all other provisions in these terms and conditions. 

3. INTRODUCTION

1. The Company is in the business of furniture design, manufacture and sale, and is located at Unit 20, 14 7th Avenue, Maitland, Cape Town, Western Cape.

2. The Company’s sole director is Keith Wayne Saunders.
   A representative of the Company can be contacted at keith@blazingsands.co.za.

4. GENERAL

1. These standard terms and conditions and conditions for online sale form the entire agreement between the parties. 

2. No other terms or conditions, whether express, tacit or implied shall apply to a Contract irrespective of the circumstances under which the Contract arose. 

3. No alteration or variation of these terms and conditions shall be of any force or effect unless and until recorded in writing and approved by the Company (represented by a duly authorised representative).  

4. All provisions and the various clauses of this Contract are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. 

5. Any provision or clause of this Contract which becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable,  be  treated  as  not  forming  part  of  the  Contract  and  the remaining provisions and clauses of this Contract shall remain of full force and effect.

5. PURCHASE PRICE

1. Prices of the Products are displayed with each Product on the Website, and may be withdrawn and/or altered by the Company at any time and for any reason whatsoever prior to the purchase of a Product by the Customer. 

2. All prices quoted on the Website include VAT, and exclude surcharges and delivery, unless otherwise stated therein.

3. Where a Product is offered on discount or at a particular price, the Company will not be held liable where a sale cannot be concluded because such discount or particular price can no longer be offered to the Customer as the purchase price of the Product has increased, for whatsoever reason, between the period of adding a Product to a shopping cart and the Customer attending to the checkout and payment of the Product.

4. The purchase price of the Product does not include upholstery fabric, where applicable, unless otherwise specifically stated on the Website.

6. ACCEPTANCE OF CONTRACT

1. Any Product selected by the Customer may be placed in a shopping cart. Placing Products in a shopping cart does not constitute a contract of sale between the parties and the Company cannot be held liable for any reason whatsoever if the Product is not available when the Customer wishes to checkout and complete the purchase process. The Company furthermore reserves the right to unilaterally remove a Product from a Customer’s shopping cart should the selected Product no longer be available or in stock.

2. A Contract shall come into existence when the payment of the purchase price in respect of a Product has been received by the Company. The Customer’s order or acceptance of a price quoted on the Website is binding on the Customer and in the event that the Customer cancels the order, the Company may charge the Customer a reasonable cancellation fee, taking into account the expenses incurred by the Company and commitments made by the Company, which cancellation fee will be determined by the Company taking into account inter alia how advanced the manufacturing of the product is.

3. The Customer may not cancel an order where that order relates to Products that the Customer has custom ordered and the Company has been expressly or implicitly required or expected to procure, create or alter the Product specifically to satisfy the Customer’s requirements. If a Customer nevertheless cancels the custom order, the Company is entitled to claim all costs and damages incurred in attending to the custom order. 

4. The Customer acknowledges that it is aware that the Company’s sales/ customer service persons, where applicable, have no authority to vary these standard terms or conditions of sale and the Company assumes no liability and shall not be bound by any statements, warranties or representations made by such sales/customer service persons save as expressly stated in writing and signed by a director of the Company, duly authorized.

5. The Company may cancel any orders made by the Customer, in part or in full, without reason and shall be liable only to refund to the Customer monies already paid in respect to the cancelled Product.

6. While the Company makes every effort to ensure that the information and Product listing on their Website or in email correspondence is correct and accurate the Company will not be held liable for any inaccuracies and will endeavour to inform the Customer of any delays or Products out of stock.

7. In amplification of the provisions of clause 6.6, all weights, measurements and similar descriptions of any Product displayed on the Website and in store are approximate and are provided for convenience purposes only. The Company will make all reasonable efforts to ensure the accuracy of Product descriptions, including colours of the Products. However, the Company will not be liable for any errors in Product description and pictures, including inaccuracies occasioned by the Customer’s computer system.

7. PRODUCT AVAILABILITY

1. The stock quantities of each individual Product on offer for sale on the Website are limited.

2. The Company endeavours to take all reasonable steps to remove a Product from the Website or indicate on the Website accordingly that the specific Product is out of stock.

3. Should a Product be sold to the Customer that is out of stock, the Company will be liable to refund the Customer where the Company is unable to fulfil the order of the Product at the advertised purchase price. 

4. The Company shall inform the Customer of any change in the delivery date where a Product is out of stock but the order is able to be fulfilled as aforementioned.

8. PAYMENT

1. Payment of the purchase price of the Products, including VAT and any other applicable costs, shall be made to the Company without deduction or set-off upon order of the Products by the Customer and upon checkout on the Website.

2. The Products shall not be delivered to the Customer without full payment of the purchase price having been made by the Customer to the Company and the checkout purchase process being completed.

3. Ownership in the Products shall not vest in the Customer and will remain with the Company until such time as the full purchase price, including all and any additional and applicable costs, have been paid by the Customer to the Company.

4. Payment may be made via:

1. Visa or MasterCard credit cards or debit cards in accordance with clause 8.1; or

2. made by bank transfer into the Company’s nominated bank account, the details of which will be provided upon the request of the Customer.

5. Should the Customer request to make payment by bank transfer then such payment must be reflected in the bank account of the Company within3 days of the online checkout purchase process having been completed or email confirmation being sent. Should the purchase price not reflect in the Company’s nominated bank account as aforementioned then the Company may sell the Product to a third party in order to defray costs and the Customer shall have no claim whatsoever against the Company in such circumstances. This shall not release the Customer from liability and/or damages in respect thereof, as the case may be. Any Product which is to be custom made by the Company for the Customer will not be made until such time as payment has been made by the Customer and reflected in the Company’s bank account.

6. Should the Customer fail to make any payment on due date then all amounts owing by the Customer to the Company from whatsoever cause will immediately become due and payable by the Customer and the Customer shall immediately forfeit all discounts of whatsoever nature which may have been expressly granted to it by the Company.

7. Credit card transactions will be acquired via Paystack (“Paystack”). The Customer may visit Paystack website at https://www.paystack.com/ to view their security certificate and security policy. 

8. The Company is in no way whatsoever responsible or liable for any loss and/or damage which the Customer may suffer by their data being accessed through the use of a third party provider. It is the responsibility of the Customer to ensure that they are familiar with any third party provider’s privacy policy and associated documents.
   The Company will not be held liable for any security breaches on the Customer’s electronic device, including, without limitation, personal computer and tablet, for any reason whatsoever.

9. The Company’s outlet country at the time of presenting payment options to the credit card holder is South Africa and the transaction currency is South African Rand.

9. DELIVERY OF THE PRODUCTS

1. Delivery of the Product shall take place at the address specified by the Customer on the Website when placing its order for the Product or via email or otherwise communicated in writing to the Company. The Customer shall make all necessary arrangements to take delivery for the Product when they are tendered for delivery.

2. The Customer undertakes to notify the Company forthwith in writing of any change in address timeously.

3. Deliveries in South Africa will take place during normal business hours from Monday to Friday, unless otherwise agreed between the parties in writing. The Company shall endeavour to ensure that deliveries are made to the Customer within 3 business days in major centre's within South Africa and 5 business days in outlying areas (calculated Monday to Thursday) of the Product being dispatched by the Company. The Product will be dispatched within 3 – 4 weeks as the Product is custom made (taking into account the size of the Customer’s order). If an order has been completed and payment made between the period Friday to Sunday then estimated delivery period will be calculated from the following Monday. Timelines for delivery outside of South Africa will be communicated to the Customer timeously after placing the order.

4. Delivery fees will be communicated to the Customer at the time of placing the order for the Product and all delivery fees will be paid for by the Customer at the time of completing the checkout process and making payment for the Product. Additional delivery fees will be charged to the Customer in instances where delivery is impossible due to inaccessibility and/or the Customer’s failure to adhere to the estimated delivery time, or where delivery is outside of the Republic of South Africa.

5. The Customer agrees that the signature by the Customer, any agent, contractor, sub-contractor or employee of the Customer on the Company’s official trip sheet / delivery note / invoice / waybill, or the delivery note of any authorised independent carrier will constitute delivery of the Product purchased. Delivery shall furthermore be deemed to have taken place against delivery to the South African transport services or road carriers if the Products are railed or transported by the Company to the Customer in this manner. The South African transport service / road carrier shall act as an agent of the Customer.

6. Despite the contents of clause 9.3 above, the Customer acknowledges that the delivery dates given by the Company in advance are estimated. The Company will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date. Notwithstanding the aforegoing, the Company shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond the Company’s control, including but not limited to fire, labour difficulties, transportation difficulties, supplier delays, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any other cause beyond the Company’s control, and whether caused by negligence or otherwise.

7. If Products, when ordered together, have various delivery dates, then the date of the Product which is latest in time shall be the estimated date of delivery of all the Products specified in the single order, unless the Customer requests part delivery of certain Products, subject to additional delivery fees.

8. If the Company is unable to deliver the Product to the Customer for reasons beyond its control, then the Company shall be entitled to place the Product in storage until such time as delivery may be affected and the Customer shall be liable for any expense associated therewith, including, without limitation, storage costs.

9. Subject to a quote or written agreement between the parties providing to the contrary, risk in and to the Products shall pass to the Customer upon delivery.

10. The Customer shall immediately upon receipt of the Products from the Company be allowed  to  inspect  the Products  and  the  Customer must inform the Company of any error occasioned by the Company or any defect in respect of the Product by way of written notice, to be received by the Company within 7 days of receipt of the Product by the Customer. Should the Customer fail to notify the Company of any claim, the Customer may have in terms hereof within the specified 7 day period, and save as is provided for in the CPA to the contrary,, such failure shall constitute a complete waiver of any such claim. Any Product delivered to the Customer in error will only be considered for return by the Company upon presentation of a receipt and provided that such Product is undamaged, has not been tampered with in any way, and is not defaced.

11. If the Customer, due to a fault of its own, cannot accept a Product or should it request the Company in writing to suspend or delay delivery of the Products, the Company, in addition to any other remedies it may have, reserves the right to claim any additional costs, including storage costs, incurred by the Company from the Customer.

10. RETURNS POLICY

1. Subject to the provisions of sections 42 and 44 of ECTA and the provisions of the CPA, where applicable, the returns policy of the Company is as follows:

1. Products sold may only be returned within 7 days of the date of delivery, upon presentation of a receipt and on condition that they are returned in their original condition, undamaged and unopened;

2. Notwithstanding what is contained in clause 10.1.1 and taking into account the nature of the Products sold by the Company, but subject to the provisions of the CPA where applicable, the Customer may not return Products that have been discounted, are on sale, that the Company has been expressly or implicitly required or expected to procure, create or alter specifically to satisfy the Customer’s requirements. For the sake of clarity, it is recorded that custom Products, being Products that are made specifically to the Customer’s instruction, may not be returned for any reason whatsoever.

3. Where applicable, the Customer shall return the Product at its own expense and be liable for all courier, banking and similar fees involved. These fees will be deducted from the purchase price of the Product if a refund is required;

4. Refunds, where applicable, on credit cards will reflect on the credit card used to purchase the Product. Bank transfer refund, where the Product was purchased with a debit card or via an electronic funds transfer will be processed within a reasonable period after all the necessary banking details of the Customer have been verified.

11. OWNERSHIP AND RISK

1. The passing of ownership of and title to the Products will remain vested in the Company until the purchase price, and any other amounts owing to the Company in respect of the Products have been paid in full and without set-off, on which date ownership of the Products will be deemed to be transferred to the Customer.

2. Risk in respect of the Products shall pass to the Customer on delivery to the Customer or upon delivery to the transport carrier, whichever may be applicable. The Customer shall be liable for in-transit insurance if the Product is to be delivered via a carrier. 

12. WEBSITE USERS OVER THE AGE OF 18 YEARS
    The Company does not intend the Website to be used by or Products to be sold to persons under the age of 18 years. The Consumer acknowledges that the Products sold on the Website are intended for persons over the age of 18 years. The Company may refuse to sell Products to Customers who are under the age of 18 years.

13. WARRANTIES

1. The Company  gives  only  the  following  warranties  in  respect  of  the Products (in addition to the warranties which may be specifically provided in respect of a Product):

1. it has title to the Products and has the unencumbered right to sell the Products; and

2. only in the event of the Consumer being a consumer for the purposes of the CPA, then: (a) the Products are supplied to the Consumer with a 6 month warranty of quality against defects (within the meaning of the CPA), and (b) unless the Customer has specifically  informed  the  Company  of  the intended use of the Product, the Company does not warrant that the Products purchased by the Customer will be fit for the purpose that the Customer intends using the Products for.

2. Notwithstanding the provisions of clause 13.1 above:

1. if any defect in the Products, or the components of the Products, relates to alterations contrary to the Product and/or Company instructions or after leaving the control of the Company, the Company will not be liable for those defects including in respect of any possible liability in terms of the implied warranty of quality contained in the CPA;

2. any warranty provided by the Company will cease to apply if any material information provided by the Customer, specifically in so far as the intended use of the Product is concerned, is incomplete or incorrect or if there is any material change in operating conditions or any misuse, abuse or material neglect of the Products by the Customer.

3. Other than the warranties stated herein, the Customer acknowledges that the Company has made no representations or warranties to the Customer in connection with the Products prior to the agreement being made.

14. LIMITATIONS

1. In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the Customer shall have no claim against the Company for any loss or damage, of any nature, occasioned by any defect in any Products supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Products, or the Customer’s use or inability to use any Product sold on the Website, save to the extent that the Customer is a Consumer for the purposes of the CPA and such loss or damage is contemplated in section 61 of the CPA, and provided that nothing in these terms and conditions must be construed as in any way limiting the rights of the Company to raise such defences as may be available to it at common law or in terms of any statute.

2. Notwithstanding the provisions set out in clause 14.1 above, in the event that the Company provides advice regarding the application of the Products at the request of the Customer, the liability of the Company in respect of the non-suitability of the Products for the purpose for which they are used will be limited to the selling price of those Products.

3. Furthermore, in the event of the breach of these standard terms and conditions of sale by the Company, the Customer’s remedies shall be limited to damages which shall under no circumstances whatsoever exceed the purchase price of the Product.

4. The Customer hereby indemnifies and holds the Company harmless against any losses, expenses, costs or damages of whatsoever nature incurred by the Customer arising from any wilful misconduct or gross negligence of the Company.

5. Any and all information on the Website should not be regarded as professional advice or the official opinion of the Company and it is the Customer’s responsibility to ensure the correctness of any of the content displayed on the Website.

6. The Customer agrees to use the Website only for lawful purposes and in a manner which does not in any way infringe on the rights of or restrict or inhibit the use and enjoyment of the Website for any third party, including, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person. The Company will not be responsible in any way whatsoever for the content of external websites linked to the Website, whether directly or indirectly. It is the Customer’s responsibility to confirm any external website’s privacy policy before transmitting personal information thereto.

15. DEFAULT

1. Should the Customer fail to make payment upon due date of any amount due and owing, or commit any other breach of the terms of a Contract, the Company shall be entitled, at its option without notice and without prejudice to any other right which it may have, including the right to claim damages arising out of the breach or the termination of the Contract, to cancel such Contract forthwith, and/or to declare all amounts owing by the Customer to be immediately due and payable and/or to suspend the carrying out of any of its then uncompleted obligations until payment is made.

2. No relaxation which the Company may have permitted on any occasion in regard to the carrying out of the Customer’s obligations shall prejudice or be regarded as a waiver of the Company’s rights to enforce those obligations on any subsequent occasion.

16. INTELLECTUAL PROPERTY

1. No right or license is hereby granted to any user of the Website and/or Customer, whether juristic or otherwise, to any copyright, trademark, mark, branding, design or any other intellectual property of any nature of the Company whatsoever.

2. The material located on the Website, including, without limitation, text, logos and images, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way whatsoever except for the Customer’s personal non-commercial use.

3. All intellectual property in respect of the Products shall belong to the Company and the Customer shall not be entitled to challenge such intellectual property nor in any manner prejudice the Company’s rights in and to such intellectual property. 

4. The Customer agrees not to adapt, alter or create any derivative work from any of the Company’s material contained on the Website or in the store or in respect of the Products, nor to use any of the Company’s intellectual property for commercial use in any way whatsoever, without the Company’s prior written approval.

17. ASSIGNMENT
    The Customer may not actually or purportedly cede, assign or otherwise alienate any rights or obligations which it may have in terms hereof or in terms of any Contract with the Company, without the Company’s written consent, which consent will not be unreasonably withheld.

18. NOTICES AND DOMICILIUM

1. The parties hereto select as respective addresses for service of any documents the addresses set out in any order contemplated in terms here of.

2. Any written notices in respect of this contract shall be sent by email and shall be deemed to have been received on the day of transmission.

19. GOVERNING LAW & JURISDICTION

1. This Website, these online terms and conditions, the contract and any contract shall be subject to the laws of the Republic of South Africa.

2. In terms of Section 45 of the Magistrates Court Act of 1944, as amended, the Customer hereby consents to the jurisdiction of the Magistrates Court having jurisdiction in respect of any action to be instituted against the Customer by the Company in terms of the Contract. It shall nevertheless be entirely within the discretion of the Company as to whether to proceed against the Customer in such Magistrates Court or any other court having jurisdiction.

3. In the event of the Customer committing any breach of the contract or in the event of the Company being required to take any legal action, the Customer agrees and undertakes to pay the Company’s legal costs as between attorney and own client including collection commission, tracing fees, valuation charges, transport costs and other expenses in connection therewith.