Terms and Conditions

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM

1. General provisions

   1. The Online Shop available at the Internet address woodmizer.co.za is run by the company Wood-Mizer Africa (Pty) Ltd (a limited liability company pursuant to South Africa law) based in South Africa (office address and correspondence address: Unit 1, Leader Park, 20 Chariot Street Johannesburg, 1700); registered in the Register of Entrepreneurs of National Court Registry under the number: 0000031050; Register Court which holds the company's documentation: District Court Poznań – Nowe Miasto i Wilda in Poznań, IX Commercial Department of National Court Registry; share capital in amount of 1 354 393,13 PLN; Tax ID no. NIP: 6660003137, Nation Economy Register no. REGON: 003733200, e-mail address: shop@woodmizer.co.za and telephone number: (0) 11 473 1313.

   2. These Regulations are addressed both to the Consumers and to other entities (e.g. the entrepreneurs) using the Online Shop unless a given provision of Regulations states otherwise and is addressed exclusively to the specific group.

   3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).

   4. Definitions:

      1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

      2. REGISTRATION FORM – the form available in the Online Shop that allows you to create an Account.

      3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.

      4. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.

      5. CONSUMER – Customer/Service Recipient for whom the use of the Online Shop (including the conclusion of Sales Contracts) is not directly related to the conducted business or professional operations.

      6. ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which are collected the data provided by the Service Recipient and the information about Orders placed in the Online Shop.

      7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.

      8. PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.

      9. REGULATIONS – these regulations of the Online Shop.

      10. ONLINE SHOP – online shop of the Service Provider available at the Internet address: woodmizer.co.za

      11. SELLER, SERVICE PROVIDER – the company WOOD-MIZER INDUSTRIES Sp. z o.o. (a limited liability company pursuant to Polish law) based in Poland (office address and correspondence address: Nagórna 114 Street, 62-600 Koło, Poland); registered in the Register of Entrepreneurs of National Court Registry under the number: 0000031050; Register Court which holds the company's documentation: District Court Poznań – Nowe Miasto i Wilda in Poznań, IX Commercial Department of National Court Registry; share capital in amount of 1 354 393,13 PLN; Tax ID no. NIP: 6660003137, Nation Economy Register no. REGON: 003733200, e-mail address: shop@woodmizer.eu and telephone number: +48 63 26 26 000.

      12. SALES CONTRACT – the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.

      13. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.

      14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.

      15. ORDER – Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.

2. Electronic services in the online shop

   1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

      1. Account – the use of Account is possible after completing two following steps by the Service Recipient – (1) completing the Registration Form and (2) clicking the "Sign up" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and password. In the case of Customers who are not Consumers, it is also necessary to provide the company name and the tax identification number.

         1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@woodmizer.co.za or in writing to: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa

      2. Order Form – using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form the field "Confirm payment" - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product(s), amount of Product(s), place and method of delivery of the Product(s), the method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company name and the tax identification number.

         1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.

      3. Newsletter – using the Newsletter takes place after providing the e-mail address in the Newsletter tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the field "Sign up". The Service Recipient can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – once the Account is created, the Service Recipient is subscribed to the Newsletter.

         1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@woodmizer.co.za or in writing to the following address: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa

   2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) enabling Cookies and Javascript support in the web browser.

   3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.

   4. Complaint procedure with regard to the Electronic Services:

      1. The complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the complaint procedure of the Product, which is indicated in item 6 of the Regulations) the Service Recipient may submit, for example:

         1. in writing to the address: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa;

         2. in electronic form via e-mail to the following address: shop@woodmizer.co.za.

      2. It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the complaining party - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.

      3. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.

3. Conditions for concluding a sales contract

   1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.2 of the Regulations.

   2. The Product price shown on the Online Shop website is given in Rand and excludes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.

   3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form

      1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.2 of the Regulations.

      2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.

   4. The consolidation, security and access to the Customer the content of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in point. 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shop.

4. Methods and dates of payment for the product

   1. The Seller provides the Customer with the following methods of payment under the Sales Contract:

      1. The electronic payments and credit card payments (Visa and Mastercard) via PayGate.

         1. The support for electronic payments and credit card payments is provided by the company PayGate (Pty) Ltd trading as DPO SA

   2. Payment deadline:

      1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make this payment within 14 calendar days from the day of concluding the Sales Contract.

5. The cost, methods and delivery time of the product

   1. The delivery of the Product is available within the territory of South Africa.

   2. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website during the Order placement, including when the Customer expresses a will to be bound by the Sales Contract.

   3. The Seller provides the Customer with the following methods of delivery of the Product:

      1. Courier parcel.

      2. Pallet delivery.

   4. The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, can not exceed 14 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows:

      1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card – from the date of crediting the Seller's bank account or settlement account.

6. Product complaints

   1. The basis and scope of the Seller's liability towards the Customer, if the sold product has a physical or legal defect (warranty) are defined by generally applicable regulations of civil law.

   2. The Seller is obliged to provide the Customer with a Product without defects.

   3. A complaint can be made by the Customer, for example:

      1. in writing to the address of the Seller;

      2. in electronic form via e-mail to store@woodmizer.co.za;

   4. An exemplary template of complaint form is included in Product complaint tab. The Customer can use the template form, but it is not obligatory.

   5. It is recommended that the Customer provides in the description of the complaint: (1) the Order’s number and date of placement; (2) sale’s document (invoice) number; (3) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (4) the request to bring the Product into compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and (5) the contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.

   6. The Seller will consider the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If the Consumer demanded a replacement or a defect removal, or made a price reduction statement, specifying the amount by which the price is to be reduced and the Seller did not respond to the request within 14 calendar days, it is considered that the request was justified.

   7. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the address of the Seller: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa. In the case of a Consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a Consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is.

7. Extrajudicial methods of settling complaints and investigating claims and the rules of access to these procedures

   1. The detailed information of the possibility for the customer to use extrajudicial means of resolving complaints and seeking claims as well as the principles of access to these procedures are available at the headquarters and on the websites of relevant governmental institutions and social organizations responsible for protecting the rights and interests of customers in each country.

   2. The Seller states that in the territory of the Republic of Poland consumers can search for information on possible extrajudicial complaint resolving methods and seeking claims at the headquarters and on websites, i.a. poviat (municipal) consumer ombudsmen, Voivodship Inspectorates of Trade Inspection and the Office for Competition and Consumer Protection (http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php).

   3. An online platform for settling disputes between the Consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the Consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. The right of withdrawal from the contract

   1. The Consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:

      1. in writing to the address: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa (with the note: "Online Shop");

      2. in electronic form via e-mail to the following address: shop@woodmizer.co.za.

   2. An exemplary template of withdrawal form is available in the item 11 of the Regulations and on the Online Shop website in the withdrawal from the contract tab. The Consumer can use the template form, but it is not obligatory.

   3. The deadline for withdrawal from the contract begins:

      1. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract)
         - from taking the Product into possession by the Consumer or a third party designated by the Consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period - from taking possession of the first Product;

      2. for other contracts - from the date of contract conclusion.

   4. In the event of withdrawal from a distant contract, the contract is considered null and void.

   5. The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the Consumer's statement on withdrawal from the contract, to return all payments made by the Consumer, Consumer the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to a different method of return, which does not cause any costs for him. If the Seller has not offered to collect the Product from the Consumer themself, they may withhold the reimbursement of payments received from the Consumer until the receipt of the Product or the delivery by the Consumer of a proof of its return, whichever occurs first.

   6. The Consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. To meet the deadline, it is enough to return the Product before its expiry. The Consumer may return the Product to the address previously agreed with the Seller: the address of the Seller: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa.

   7. The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

   8. Possible costs related to the Consumer's withdrawal from the contract, which the Consumer is obliged to pay:

      1. If the Consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the Consumer.

      2. The Consumer bears the direct costs of returning the Product.

   9. The right to withdraw from a distant contract is not available to the Consumer in relation to e. g. following contracts:

      1. (1) in which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer's specification or serving to satisfy their individual needs; (2) in which the subject of the service is a Product that is quickly deteriorating or has a short shelf-life time; (3) in which the subject of the service is a Product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (4) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items.

9. Provisions concerning entrepreneurs

   1. This section of the Regulations and the provisions contained herein apply only to Customers and Service Recipients who are not Consumers.

   2. The Seller has the right to withdraw from the Sales Contract concluded with the Customer who is not a Consumer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer in relation to the Seller.

   3. In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including the requirement to make the prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.

   4. Upon the release of the Product by the Seller to the carrier all the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass on to the Customer who is not a Consumer. In such a case the Seller shall not be liable for any loss, shortage or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in the transport of parcel.

   5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If they determine that during the transport there was a loss or damage to the Product, they are obliged to perform all actions necessary to determine the liability of the carrier.

   6. The Seller's liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.

   7. In the case of the Service Recipients who are not Consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.

   8. The liability of the Service Provider/the Seller in relation to the Service Recipient/the Customer who is not a Consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs under the Sales Contract, but not more than up to the amount of 250 (two hundred fifty) Euros. The Service Provider/the Seller is liable towards the Service Recipient/the Customer who is not a Consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient/the Customer who is not a Consumer.

   9. Any disputes arising between the Seller/the Service Provider and the Customer/the Service Recipient who is not a Consumer shall be subject to the court having jurisdiction over the registered office of the Seller/the Service Provider.

10. Final provisions

    1. The contracts concluded via the Online Shop are concluded in English.

    2. Change of Regulations:

       1. The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.

       2. In case of concluding on the basis of these Regulations continuous contracts (for example, providing Electronic Service - Account), the amended Regulations bind the Customer if the Customer was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Consumer has the right to withdraw from the contract.

       3. In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Consumers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, executed or executed Sales Contracts.

    3. In matters not covered by these Regulations, shall apply generally applicable provisions of Polish law, in particular: the Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93 with amendments); the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); for Sales Contracts concluded before the 24th of December 2014 with Consumers – provisions of the 2nd of March 2000 Act on the Protection of Certain Consumer Rights and Hazardous Product Liability (Journal of Laws of 2000 no. 22, pos. 271 further amended), and the 27th of July 2002 Act on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002 no. 141, pos. 1176 further amended); for Sales Contracts concluded after the 25th of December 2014 with Consumers – the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law and to the extent it is possible to apply them directly – the relevant provisions of the community law of the European Union shall also apply.

    4. These Terms and Conditions shall not exclude the laws of the country of habitual residence of the Consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. Seller/Service Provider warrants in this case, the Consumer protection afforded to him by provisions which cannot be excluded by agreement.

11. Model withdrawal form

(Enclosure number 2 to the act on consumer rights)

Model withdrawal form

(this form should be completed and sent back only if you wish to withdraw from the contract)

• Addresse:

  Wood-Mizer Africa (Pty) Ltd
  1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa
  woodmizer.co.za
  shop@woodmizer.co.za

• I / we (*) hereby inform about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)

• The date of conclusion of the contract (*)/ recipe (*)

• Name and surname of the consumer(s)

• Address of the consumer(s)

• Signature of consumer(s) (only if the form is sent in a paper version)

• Date

(*) Delete as applicable.

Terms and Conditions

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
8. PROVISIONS CONCERNING ENTREPRENEURS
9. FINAL PROVISIONS

1. General provisions

   1. The Online Shop available at the Internet address woodmizer.co.za is run by the company Wood-Mizer Africa (Pty) Ltd  based in South Africa (office address and correspondence address: Unit 1, Leader Park, 20 Chariot Street Johannesburg, 1700);  e-mail address: shop@woodmizer.co.za and telephone number: (0) 11 473 1313.

   2. These Regulations are addressed both to the Consumers and to other entities (e.g. the entrepreneurs) using the Online Shop unless a given provision of Regulations states otherwise and is addressed exclusively to the specific group.

   3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).

   4. Definitions:

      1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

      2. REGISTRATION FORM – the form available in the Online Shop that allows you to create an Account.

      3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.

      4. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.

      5. CONSUMER – Customer/Service Recipient for whom the use of the Online Shop (including the conclusion of Sales Contracts) is not directly related to the conducted business or professional operations.

      6. ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which are collected the data provided by the Service Recipient and the information about Orders placed in the Online Shop.

      7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.

      8. PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.

      9. REGULATIONS – these regulations of the Online Shop.

      10. ONLINE SHOP – online shop of the Service Provider available at the Internet address: woodmizer.co.za

      11. SELLER, SERVICE PROVIDER – the company Wood-Mizer Africa (Pty) Ltd (office address and correspondence address: Unit 1, Leader Park, 20 Chariot Street Johannesburg, 1700, e-mail address: shop@woodmizer.co.za and telephone number: (0) 11 473 1313.)

      12. SALES CONTRACT – the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.

      13. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.

      14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.

      15. ORDER – Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.

2. Electronic services in the online shop

   1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

      1. Account – the use of Account is possible after completing two following steps by the Service Recipient – (1) completing the Registration Form and (2) clicking the "Sign up" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname / company name, the e-mail address and password. 

         1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@woodmizer.co.za or in writing to: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa

      2. Order Form – using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form the field "Confirm payment" - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product(s), amount of Product(s), place and method of delivery of the Product(s), the method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company name and the tax identification number.

         1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.

      3. Newsletter – using the Newsletter takes place after providing the e-mail address in the Newsletter tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the field "Sign up". The Service Recipient can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – once the Account is created, the Service Recipient is subscribed to the Newsletter.

         1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@woodmizer.co.za or in writing to the following address: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa

   2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) enabling Cookies and Javascript support in the web browser.

   3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.

   4. Complaint procedure with regard to the Electronic Services:

      1. The complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the complaint procedure of the Product, which is indicated in item 6 of the Regulations) the Service Recipient may submit, for example:

         1. in writing to the address: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa;

         2. in electronic form via e-mail to the following address: shop@woodmizer.co.za.

      2. It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the complaining party - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.

      3. The response to the complaint by the Service Provider takes place immediately, not later than within 30 calendar days from the date of its submission.

3. Conditions for concluding a sales contract

   1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.2 of the Regulations.

   2. The Product price shown on the Online Shop website is given in South African Rand and excludes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.

   3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form

      1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.2 of the Regulations.

      2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.

   4. The consolidation, security and access to the Customer the content of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in point. 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shop.

4. Methods and dates of payment for the product

   1. The Seller provides the Customer with the following methods of payment under the Sales Contract:

      1. The electronic payments and credit card payments (Visa and Mastercard) via PayGate.

         1. The support for electronic payments and credit card payments is provided by the company PayGate (Pty) Ltd trading as DPO SA

         2. Methods and dates of payment for the produc

5. The cost, methods and delivery time of the product

   1. The delivery of the Product is available within the territory of South Africa.

   2. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website during the Order placement, including when the Customer expresses a will to be bound by the Sales Contract.

      The cost, methods and delivery time of the productThe Seller provides the Customer with the following methods of delivery of the Product:

       

6. Product complaints

   1. The basis and scope of the Seller's liability towards the Customer, if the sold product has a physical or legal defect (warranty) are defined by generally applicable regulations of civil law.

   2. The Seller is obliged to provide the Customer with a Product without defects.

   3. A complaint can be made by the Customer, for example:

      1. in writing to the address of the Seller;

      2. in electronic form via e-mail to shop@woodmizer.co.za;

   4. It is recommended that the Customer provides in the description of the complaint: (1) the Order’s number and date of placement; (2) sale’s document (invoice) number; (3) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (4) the request to bring the Product into compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and (5) the contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.

   5. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the address of the Seller: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa. In the case of a Consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a Consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is.

7. The right of withdrawal from the contract

   1. The Consumer who has concluded a distant contract may, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 5.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:

      1. in writing to the address: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa (with the note: "Online Shop");

      2. in electronic form via e-mail to the following address: shop@woodmizer.co.za.

   2. An exemplary template of withdrawal form is available in the item 11 of the Regulations and on the Online Shop website in the withdrawal from the contract tab. The Consumer can use the template form, but it is not obligatory.

   3. The deadline for withdrawal from the contract begins:

      1. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract)
         - from taking the Product into possession by the Consumer or a third party designated by the Consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period - from taking possession of the first Product;

      2. for other contracts - from the date of contract conclusion.

   4. In the event of withdrawal from a distant contract, the contract is considered null and void.

   5. The Seller is obliged immediately, not later than within 30 calendar days from the date of receipt of the Consumer's statement on withdrawal from the contract, to return all payments made by the Consumer, Consumer the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to a different method of return, which does not cause any costs for him. If the Seller has not offered to collect the Product from the Consumer themself, they may withhold the reimbursement of payments received from the Consumer until the receipt of the Product or the delivery by the Consumer of a proof of its return, whichever occurs first.

   6. The Consumer is obliged immediately, no later than within 30 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. To meet the deadline, it is enough to return the Product before its expiry. The Consumer may return the Product to the address previously agreed with the Seller: the address of the Seller: 1 Leader Park, 20 Chariot Street, Stormill Ext. 5 Johannesburg, South Africa.

   7. The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

   8. Possible costs related to the Consumer's withdrawal from the contract, which the Consumer is obliged to pay:

      1. If the Consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the Consumer.

      2. The Consumer bears the direct costs of returning the Product.

   9. The right to withdraw from a distant contract is not available to the Consumer in relation to e. g. following contracts:

      1. (1) in which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer's specification or serving to satisfy their individual needs; (2) in which the subject of the service is a Product that is quickly deteriorating or has a short shelf-life time; (3) in which the subject of the service is a Product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (4) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items.

8. Provisions concerning entrepreneurs

   1. This section of the Regulations and the provisions contained herein apply only to Customers and Service Recipients who are not Consumers.

   2. The Seller has the right to withdraw from the Sales Contract concluded with the Customer who is not a Consumer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer in relation to the Seller.

   3. In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including the requirement to make the prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.

   4. Upon the release of the Product by the Seller to the carrier all the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass on to the Customer who is not a Consumer. In such a case the Seller shall not be liable for any loss, shortage or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in the transport of parcel.

   5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If they determine that during the transport there was a loss or damage to the Product, they are obliged to perform all actions necessary to determine the liability of the carrier.

   6. The Seller's liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.

   7. In the case of the Service Recipients who are not Consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.

   8. Any disputes arising between the Seller/the Service Provider and the Customer/the Service Recipient who is not a Consumer shall be subject to the court having jurisdiction over the registered office of the Seller/the Service Provider.

9. Final provisions

   1. The contracts concluded via the Online Shop are concluded in English.

   2. Change of Regulations:

      1. The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.

      2. In case of concluding on the basis of these Regulations continuous contracts (for example, providing Electronic Service - Account), the amended Regulations bind the Customer if the Customer was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Consumer has the right to withdraw from the contract.

      3. In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Consumers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, executed or executed Sales Contracts.

   3. These Terms and Conditions shall not exclude the laws of the country of habitual residence of the Consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. Seller/Service Provider warrants in this case, the Consumer protection afforded to him by provisions which cannot be excluded by agreement.