Terms and Conditions of Use

Terms of use

  1. Licence – We grant you a limited licence for use of this website.
  2. Breach – We may cancel your licence if you breach any of these terms.
  3. Framing – You may not frame this website.
  4. Capacity – You agree to these terms on the basis that you have the capacity to visit this website.
  5. Accurate information – You promise that you will give this website only accurate information.
  6. Ownership – Alushop or its third-party licensors own all rights in this website.
  7. Trademarks – All Alushop trademarks are the property of Aluminium Shopfronts & Windows, and you may not be used without express, written permission. All other trademarks are the property of the respective owners.
  8. Restrictions – You may not change, hire out, reverse engineer, or copy this website without express, written permission, issued by Aluminium Shopfronts & Windows.
  9. Own risk – Use of this website is at your own risk and no warranties are made in this regard.
  10. Indemnity – You indemnify Aluminium Shopfronts & Windows against any liability related to your use of this website.
  11. Direct damages limited – Alushop allows for a maximum liability of R100.00 for all claims related to direct damages resultant from the use of the alushop website.
  12. Indirect damages – Aluminium Shopfronts & Windows is not responsible for any indirect damages incurred while using the alushop website.

Terms of sale

  1. Introduction – These terms cover any transactions where goods are provided via this website.
  2. The parties – Aluminium Shopfronts & Windows is the vendor under these terms. You, as the site user and/or purchaser on the alushop website, are the customer under these terms.
  3. Duration – These terms commence when you, as the customer, accept them and will continue until terminated.
  4. Orders – Customers place orders with us on the following basis:
    1. Customers assure that they have the legal capacity to enter into the transaction;
    2. The vendor will only conclude an agreement when goods are dispatched to the customer;
    3. The vendor may cancel any order, but will refund any money that the customer has paid if this is done;
    4. The vendor concludes an agreement where the customer is domiciled; and
    5. Each order is a separate agreement, but the customer will breach all of agreements if one agreement is breached.
  5. Goods – The vendor sells the goods to the customer on the following basis:
    1. The customer will bear the cost and the vendor will choose the way of packaging and delivering the goods, unless agreed otherwise;
    2. The vendor will endeavour to dispatch the goods as soon as possible after the order has been placed, but is not liable, and the customer may not cancel an order, if the vendor does not timeously do so;
    3. Risks related to the goods pass to the customer on delivery;
    4. Ownership of the goods passes to the customer on payment of the fees in full; and
    5. The customer has the same rights against the vendor as it has against its suppliers in terms of any warranty attached to the goods or imposed by law.
  6. Your data – The customer owns all of their data. When the customer enters data into the vendor system, the customer gives the vendor licence to use such information to provide the goods.
  7. Intellectual property – The vendor may own intellectual property rights in terms of its goods and the customer may not use those rights without the express, written permission of the vendor. Aluminium Shopfronts & Windows may initiate legal proceedings and prosecute the customer for any violation of the vendor’s proprietary rights. In such cases, all costs associated with proceedings will be for the customer’s account. All proceedings are to be conducted within the borders of South Africa.
  8. Disclaimer – The vendor disclaims all warranties to the extent allowed by applicable law. The vendor is not liable for any defect caused by the customer.
  9. Fees and payment – You will pay the vendor the fees on the due date. The customer may not withhold payment of any amount due to the vendor for any reason.
  10. Direct damages limited – The vendor is only liable to the customer for any direct damages that the goods may cause—up to the total amount of fees that the customer has paid for such goods.
  11. Indirect damages excluded – Aluminium Shopfronts & Windows as the vendor is not liable for any other losses that the goods may cause the customer.
  12. Breach – Any breach of the obligations under this agreement will deem the agreement void and the vendor may institute its legal rights in this regard, for which the cost will be solely for the customer’s expense. Such rights are applicable to the constraints of South African laws.
  13. Termination – The vendor may immediately terminate this agreement under certain circumstances, including the discontinuation of ordered goods, if the provision of such goods in any way poses a risk to the vendor or any of its representatives, compliance with legislation, or where provision of the goods is deemed to be impractical. Notice of the termination of the agreement will be issued, in writing, by the vendor to the customer.
  14. Resolving disputes – Should a dispute arise, either party may inform the other of its dispute in writing. The parties must first attempt to negotiate and rectify the dispute before entering mediation. Should mediation efforts fail, parties should move to arbitration by the Arbitration Foundation of South Africa. All proceedings are to be conducted in the borders of South Africa.
  15. Notices and domicile – All parties will correspond via e-mail, using the provided e-mail addresses under this agreement. The preferred street address will be deemed to be that of the delivery address for all legal documents. The parties may change either address on 14 calendar days written notice to the other.
  16. Force majeure –Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
  17. Entire agreement – The agreement is the entire agreement between the parties on the subject.
  18. Governing law – This agreement is governed under South African law.
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