Terms & Conditions
1) Scope
These General Terms and Conditions (hereinafter “T&Cs”) of HayHop Sunkorb (hereinafter “Seller”) apply to all orders and purchases of goods (inclusive of vouchers) by a consumer or entrepreneur (hereinafter “Customer”) from the Seller on its online shop. The inclusion of the customer’s own terms and conditions are not, unless otherwise recorded in writing and signed by both parties, not agreed to.
The Seller and Customer are hereinafter jointly referred to as the “Parties” and, where applicable, singularly as a “Party”
A Customer within the meaning of these General Terms and Conditions is a natural or juristic person or a partnership with legal capacity who, when concluding a legal transaction with the Seller, acts in such in the latter capacity and identifies itself as such.
2) Conclusion of sales contract
The product descriptions contained in the Seller’s online shop do not represent binding offers on the part of the Seller, but rather serve to facilitate a binding offer to be made by the Customer.
The Customer can submit the offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The Customer can also make the offer to the Seller by telephone, email or online contact form.
The Seller may accept the Customer’s offer within five days, by sending the Customer a written order confirmation or an order confirmation in writing (including by way of, email, text message or other electronic means), whereby the sending of the order confirmation by the Seller is decisive, or by asking the Customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth calendar day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the Customer is no longer bound by his declaration of intent.
If a Customer selects a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua /user agreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.
When submitting an offer via the Seller’s online order form, the contract text is saved by the Seller after the contract has been concluded and sent to the Customer in writing (e.g. e-mail, text message of other electronic means) after the order has been sent. The Seller will not make the contract text available beyond this. If the Customer has set up a user account in the Seller’s online shop before sending an order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via the Customers password-protected user account by providing the corresponding login data.
Before bindingly submitting the order via the Seller’s online order form, the Customer must identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser’s magnification function, which enlarges the display on the screen. As part of the electronic ordering
process, the Customer can correct entries using the usual keyboard and mouse functions until the Customer clicks on the button that completes the ordering process. The Customer is fully responsible and liable to enter the correct input data, and the Seller shall be entitled to hold the Customer liable for all or any expenses, costs and damages incurred by it in acting upon the information provided by the Customer which is incorrectly provided by the Customer.
Only the English and German language is available for concluding the contract.
Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided to process the order is correct so that emails sent by the Seller can be
received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of withdrawal
Consumers generally have a right of withdrawal.
The Customer is bound by the Seller’s ’cancellation and returns policy, as published and available on the Seller’s website.
4) Prices and payment terms
Unless otherwise stated in the Seller’s product description, the prices stated are total prices and include statutory value added tax “VAT”). Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
The payment option(s) will be communicated to the Customer in the Seller’s online shop.
If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed in writing on a later due date.
5) Delivery of goods
If the Seller offers to ship the goods, delivery will take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed in writing. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive.
For goods that are delivered by a freight forwarder, delivery is made “free curbside”, i.e. to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.
If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the shipping costs if the Customer effectively exercises his right of cancellation. If the Customer effectively exercises the right of cancellation, the return shipping costs
will be subject to the provisions set out in the seller’s cancellation and returns policy.
the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer upon delivery of the goods to the Customer or a person authorized to receive the goods. Notwithstanding the aforegoing, in
the event that the Customer directly commissions the freight forwarder or any other person or entity to carry out the shipment or delivery of the goods to the Customer, then the risk of accidental loss and accidental deterioration
of the goods sold passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment.
The Seller reserves the right to withdraw from the contract in the event of the manufacturer and/or principal supplier of goods is unable to timeously supply the goods to the Seller. The Seller shall notwithstanding make all reasonable efforts to procure the goods timeously. In the event of nonavailability or only partial availability of the goods, the Customer will be informed as soon as reasonably possible, and the Seller shall, upon withdrawal from the contract, fully reimburse the Customer all amounts paid in respect of the cancelled contract.
If the seller offers the goods for collection, the Customer may collect the ordered goods upon the goods being made available for collection, within the business hours specified by the Seller and at the address specified by the seller. No shipping costs will be charged in the event of the Customer collecting the goods. Should the Customer fail to collect the goods withing 10 days of the Seller notifying the Customer that the goods are available for collection, the Seller may either ship the goods to the address of the Customer provided upon order and charge the Customer for such cost, or store
the goods for and on behalf of the Customer and charge the Customer such storage cost as it deems reasonable. The Customer accepts all risk in an to the goods, including the risk of damage or destruction, should the Customer fail to timeously collect the goods
6) Reservation of Ownership
Ownership in and to the goods purchased by the Customer shall remain vested in the Seller until the purchase price for the goods has been paid in full, notwithstanding that the goods may have been delivered to the Customer.
7) Exclusions and Limitations
Ownership in and to the goods purchased by the Customer shall remain vested in the Seller until the purchase price for the goods has been paid in full, notwithstanding that the goods may have been delivered to the Customer.
The Customer acknowledges that:
the Seller is not the manufacturer of the goods;
the Seller does not warrant or represent that the goods are fit for any particular purpose (whether or not that particular purpose is known to the Seller), and the goods shall be regarded as having been sold voetstoots, and without warranty against latent defects therein;
no liability whatsoever shall arise on the part of the Seller for any representation or warranty made, or alleged to have been made, at any time in respect of any goods sold by the Seller to the Customer.
In respect of any goods sold as sub-standard or as reject or as seconds, the Customer shall have no claim of any nature whatsoever against the Seller, and the Seller shall not be liable to the Customer in any way whatever for any defect, whether latent or patent, in such goods.
If any goods (other than goods of the type described in 7.3) are latently, patently, or otherwise defective and a claim lies against the Seller in respect of such goods, the Seller may at its option decide either to: 7.4.1 replace the defective goods; or
cancel the sale and reimburse the Customer in respect of the purchase price paid by the Customer for such goods, against return of the goods to the Seller; or
require the Customer to accept the goods at a reduced purchase price to be agreed, provided that if the Parties are unable to agree on the amount of the reduction that question shall be submitted to be resolved by an independent suitably qualified expert, agreed upon between the Seller and the Customer, and failing such agreement, appointed by the President for the time being of the Association of Arbitrators, South Africa, and that expert’s decision (acting as expert and not as arbitrator) shall be final and binding upon the Seller and the Customer; or
cede to the Customer all its rights in and to any manufacturer’s warranty in respect of the defective goods to enable the customer to recover directly from the manufacturer, if the relevant warranty does not preclude the Seller from ceding its rights to a third party, provided that the Seller does not warrant that any claim under the relevant warranty will be met by the manufacturer and the Seller shall not be liable to the Customer if for any reason the manufacturer fails to pay any claim made against it.
Any decision of the Seller in terms of 7.4 shall be notified to the Customer in writing.
If so required by the Seller, the Customer shall be obliged to re-deliver the defective goods to the Seller at the Customer’s own cost and expense.
The Seller shall not be liable under any circumstances whatever for any loss or damage of any nature whatever whether direct or indirect, consequential or otherwise, arising out of any contract with the Customer and/or relating to any goods sold to the Customer, the Seller’s liability being limited to that provided for in 7.4. The Customer accordingly
indemnifies and holds the Seller harmless against any claim that may be brought against the Seller in consequences of any goods being defective and causing any damage whatsoever whether through accident, negligence, gross negligence, or any other cause.
8) Special conditions for assembly/installation services
If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also responsible for the assembly or installation of the goods at the Customer’s site and, if necessary, corresponding preparatory measures (e.g. measurements), the following applies:
The Seller shall provides its services at its own discretion or through qualified personnel selected by it. The Seller may use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the Seller’s service description, the Customer has no right to select a specific person to carry out the assembly and/or installation service.
The Customer must provide the Seller with the information required to provide the service owed completely and truthfully, provided that obtaining it does not fall within the Seller’s scope of duties according to the content of the contract.
The Seller will contact the Customer after conclusion of the contract to arrange an appointment for the service agreed to. The Customer ensures that the Seller or the staff commissioned by the Seller has access to the Customer’s relevant facilities on the agreed date.
The risk of accidental loss and accidental deterioration of the goods sold passes to the Customer upon delivery, notwithstanding that the assembly work and handover to the Customer has not been completed.
9) Applicable Law
These T&Cs and any contract concluded pursuant thereto shall in all respects, including with regards to its existence, validity, interpretation, implementation, termination and enforcement, be governed by the law of the Republic of South Africa. The Customer’s use of the website and/or online shop of the Seller constitutes consent and submission to the jurisdiction ofthe South African courts regarding all proceedings, transactions, applications or the like instituted by either Party against the other, arising from any of these T&Cs
In the event of any dispute arising between the Parties, the Customer hereby consents to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town)
10) Information
For the purposes of the Electronic Communications and Transactions Act 2002 the Seller’s information is as follows, which should at all times be read in conjunction with its goods descriptions and any other information provided on the Seller’s online shop:
10.1 Full name: HayHop Sunkorb, a private company registered in South Africa with registration number 2023 / 161633 / 07
TAX number: 9019117317
Main business: Online retaile
| To | |
| Cc | |
| Bcc | |
| Subject |
Physical address for receipt of legal service (also postal and street
address): Street address: 33 Lekkerwater Road, Sunnydale, 7975, Cape Town, R.S.A
Postal address: 1 Oriole Close, Lake Michelle, Noordhoek, 7979, Cape Town, R.S.A
Office bearers: Jason William Hayes and Verena Hoppe.
Phone number: +49 163 296 2703 (Verena) +49 151 720 14250 (Jason) +27 84 240 9901 (Jason SA)
Email address: info@sunkorb.com
| To | |
| Cc | |
| Bcc | |
| Subject |
11) General
The Seller reserves the right to change, modify, add to or remove from portions or the whole of these T&Cs from time to time. Changes to these T&Cs will become effective upon such changes being posted to the Sellers Online Shop. It is the Customer‘s obligation to periodically check these T&Cs on Online Shop for changes or updates. Your continued use of this T&Cs following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by changes to the T&Cs.
No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
No addition to, variation, or agreed cancellation of these T&Cs unless reduced to writing and signed by both parties.
All provisions and the various clauses of these T&Cs are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such
jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto (“as though it had never been written”) and the remaining provisions and clauses of these T&Cs shall remain of full force and effect.
No indulgence granted by one Party to the other shall be or deemed to be a waiver of a Party’s rights in terms of these T&Cs.
The Customer may not cede, assign or otherwise transfer any of its rights and obligations in terms of these T&C’s to any other party