By using and/or accessing our platforms and making use
of our services, you agree to be bound to our terms.
THE SUPPLIER AND SERVICES
1.1 The “Supplier”, ‘We”, “Us” or “Our” is Alimandi (Pty) Ltd as described below:
Registered Name: Alimandi (PTY) Ltd
Registration number: 2016/095365/07
VAT number: 426 027 2721
Physical Address: Alimandi Farm, Erf 763, R44, Klapmuts, 7625
Postal Address: PO Box 1361, Southern-Paarl, 7624, South Africa
Contact (Office): Pj du Plessis, 082 389 6616, office@alimandi.co.za
Contact (Sales): Maresa Samuel, 076 479 7063, sales@alimandi.co.za
Contact (Operations): Oeloff du Plessis, 079 491 7921, oeloff@alimandi.co.za
1.2 The Supplier, inter alia, sell plants and related products through it’s online shop on it’s Website www.alimandi.co.za.
1.3 The supply of all plants and any and all related products available on our online shop shall be exclusively subject to the terms and conditions below.
VARIATION
We do our best to ensure that all information on our site is complete and accurate, but despite our best efforts, information may occasionally be incorrect and/or not up-to-date. Any and all prices, products, stock availability, descriptions and/or any other information contained on our Website, are subject to change at any time and without notice. Your use of this Website, including ordering of any products via this Website constitutes your acceptance of these terms.
VARIATION
3.1 The use of our Website www.alimandi.co.za is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of said Website or reliance on any information on said Website.
3.2 You may not use our Website for any purpose other than for utilizing the services offered on it in the normal manner and/or for which it was intended. You may not use your access to this site in a manner that would bring us, or any of our affiliates into disrepute.
3.2 By using our Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under-age or not legally permitted to enter into a binding agreement, then you may use our Website only with the involvement and supervision of your parent or legal guardian. In such case, and your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
3.3 By using our Website and Online Shop in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. Do not use our Website or Online Shop if you do not agree to the Terms and Conditions as stipulated herein.
3.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to us to explain it to you before you accept the Terms and Conditions or continue using our Website.
INTELLECTUAL PROPERTY
Unless clearly stated otherwise, we are either licensed to use or own all the content which appears on our Website. No-one is in any way allowed to use our intellectual property unless written consent has been obtained from us.
FILES AND CONTENT PROVIDED
5.1 You are granted permission to use the content, which is expressly stated to be available for download, on our Website. The downloading and use of content contained on our Website is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site.
5.2 It is the responsibility of the user to scan the documents for viruses or other faults and defects. Should there be any damage to your computer or software arising from use of and/or downloading data from our Website, it is at the user’s risk and responsibility to repair as we cannot guarantee that any file obtained from our Website is free from viruses. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
5.3 Links to third party sites on the Internet can be included on our Website. When you choose to link to such a site, you do so at your own risk, and you should contact the relevant Website proprietor if you have a complaint about the activities or contents of such Website.
ORDERS
6.1 All orders must be done via our Online Shop on our Website.
6.2 Our delivery schedules and other operations should be taken into account, and orders be placed well in advance. Customer satisfaction is of utmost importance to us, but sufficient time is needed for the selection and preparation of quality plants, and then subsequent loading and the despatch thereof. The same principle stands for order that are being collected.
6.3 Your order will only be secured once your payment has been received.
6.4 We will not be liable whatsoever where incorrect or insufficient information is furnished by the customer.
6.5 If you do not receive a confirmation notice after submitting your order, or if you experience an error message or service interruption after submitting your order, please contact us immediately on sales@alimandi.co.za to confirm whether your order has been received. It is the customer’s responsibility to ascertain if we received the order.
6.6 The information submitted with your order will be processed as you have provided it. Please contact us immediately on sales@alimandi.co.za if you realise that you have provided incorrect information, or need to make any changes. No refunds are possible for losses resulting from such an error. Any additional expenses resulting from such an error will be for the customer’s account.
6.7 We will, in our own discretion, not be obligated to supply plants to a customer.
SUPPLY
7.1 The supply of products shall at all times be subject to the availability of the plants in question. We may, without prior notice, discontinue the availability or change the description of any products that are displayed on or made available via our Website.
7.2 We strive to keep our Website and stock count up to date, but won’t be held liable if, for any reason, the products you ordered are not available. Orders remain subject to availability after payment has been received and when the order is drawn.
7.3 You will be duly notified if we are unable to deliver any products ordered as soon as we become aware of it, and in such case we will fully refund you the purchase price paid for such undelivered items within five (5) working days of such notice.
SPECIAL PROMOTIONS
8.1 Due to limited stock or for any other reason, we may without prior notice discontinue the availability or change the description of special promotions that are displayed on or made available via our Website.
8.2 Special promotions may be subject to certain additional terms and conditions.
PRICES & PAYMENT
9.1 Every effort will be made to ensure that the prices on our Website are correct, but all prices are subject to alteration at any time without prior notice.
9.2 All prices displayed on the online shop are in South African Rand and include Standard Rate (15%) Value Added Tax (VAT). All prices displayed excludes delivery. Please see section 10 for delivery cost.
9.3 There will be two options for doing payments: Do an EFT and send proof of payment to sales@alimandi.co.za, or pay with SnapScan. Bank details and/or SnapScan instructions will be provided once the order has been placed.
9.4 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
DELIVERY COST
10.1 Delivery cost are calculated automatically and according to the distance from our nursery to your delivery address. It will be calculated and displayed when the customer is placing an order.
10.2 We only deliver products within certain designated areas withing the Western Cape. If your delivery address does not fall within these areas, we will unfortunately not be able to deliver your order. In special cases we can deliver to you at an additional cost, or arrange a courier. Please contact us at sales@alimandi.co.za for any queries.
10.3 There will also be a no-cost option to collect your order. This will be convenient as the plants will be selected and ready to be picked up at the given date.
DELIVERY TIME
11.1 Delivery will occur withing five (5) working days after your order and payment has been received. If possible, delivery will be scheduled sooner, but we will keep you updated of the delivery date. Delivery will usually occur on business days during our business hours, but will be communicated to you.
11.2 We will use our best endeavors to ensure delivery is kept to the arranged date and time of delivery. We will not be responsible for any delays in delivery in circumstances beyond our reasonable control and not caused by our own negligence.
11.3 Unless a delay in delivery is agreed between us in writing, the customer agrees that delivery of all products ordered may commence immediately.
DELIVERY, RISK & DAMAGE
12.1 Our driver may refuse to enter the place of delivery should he/she feel at risk of doing or receiving damage or injury of any kind. Entrance to the delivery address is done entirely at the risk of the customer.
12.2 We are entitled to assume that anyone other than yourself who receives delivery of the products at the specified delivery address, is authorised to accept delivery on your behalf. Delivery shall be deemed to have been effected as soon as the Supplier physically delivers the order to the customer’s premises, and is handed to a representative of the customer.
12.3 Our driver will be instructed not to carry plants around on site. The order will be dropped of at an easily accessible location on the pavement or at your gate at the specified delivery address.
12.4 We will accept no liability or responsibility for lost or damaged plants if the plants and/or products were delivered as arranged.
12.5 We are entitled to charge additional delivery fees for failed deliveries to the specified delivery address, if nobody is present to accept delivery at the prearranged time.
CANCELLATION, RETURNS & REFUNDS
13.1 The Customer may cancel any order for products submitted via the online shop at any time prior to the delivery. Please notify us by sending an email to sales@alimandi.co.za. An order is only considered cancelled once you have received our confirmation thereof. Cancellation of an order is only possible if your order has not left our premises.
13.2 No product leaving our nursery in a good and healthy condition will be replaced after it has been accepted by the customer. This pertains to products delivered as well as those collected from our nursery. At Alimandi we pride ourselves in our excellent products and services, and do not intend to provide any product that is inadequate. Your satisfaction is however our foremost priority, and therefore, if for any reason you are dissatisfied with the quality of the products you received, please send the product back to us with our driver, or do not load it if you are collecting. If we find that the items were not up to standard when delivered to you, we will refund you the price of the items as well as the cost of delivery, within thirty (30) days of the receipt of the returned items. If we find that the items were indeed up to standard, no refund will be done. This will be done by our discretion.
13.3 Upon delivery, the customer shall inspect the order immediately. If the plants have been accepted and signed for, we will consider the delivery complete and no returns thereafter will be accepted.
13.4 Regardless of how your payment was made, Alimandi will process any refund to you by EFT transfer. Please supply us with proof of your bank details, and proof of payment will be sent to you via email within thirty (30) days of the receipt of the returned items.
WARRANTIES, GUARANTEES, LIABILITIES AND INDEMNITY
The Supplier provides no warranties or guarantees, implied or otherwise, to the customer, otherwise in terms of these terms and conditions.
COMMUNICATIONS
You hereby agree that we may add your details to our database to send you occasional and relevant information regarding new services, products, special offers or discounts which may interest you. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communication. We do respect your privacy and will take all reasonable measures to protect it, and will not pass it on to third parties. We will deal with your personal information in accordance with the provisions of our Privacy Policy.
ARBITRATION
Where a dispute arises between parties for which no remedy is otherwise contained, such dispute must be resolved by way of arbitration to be held at the Supplier’s offices. An Arbitrator will be appointed by mutual agreement or, failing which, appointed by the President of the Cape Law Society and whose decision shall be final and binding on the parties. The arbitration will be conducted in terms of the prevailing legislation in the Republic of South Africa.
FORCE MAJEURE
We will be entitled to cancel an order (without liability) and to return any payment paid by the customer in the event that our performance of the order is hindered or prevented by strikes or other trade disputes, riots, war (declared or undeclared), acts of civil insurrection, fire, flood, accident or any other cause beyond our control.
NO AMENDMENT, WAIVER
No amendment or consensual cancellation of any provision or term of the standard terms, or any document arising out of the standard terms, shall be valid unless agreed and reduced to writing between the parties. Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right.
ENTIRE AGREEMENT
These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through our site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.
