Sales Terms & Conditions (Online Shop T&C's)

Words for your better understanding

Site means: the website located at www.legrand.co.za
Legrand means: Kimbe Electrical Company of South Africa t/a Legrand South Africa
End user means – The Client who bought the product
You means – The Client making the sale or the End user
CPA means - the Consumer Protection Act 2008 (the "CPA")

1. Introduction

1.1 These terms and conditions ("Terms and Conditions") govern the ordering, sale, delivery and collection of Electronic and Electrical equipment, and the use of the Site.
1.2 These Terms and Conditions are binding and enforceable against every person that accesses or uses the Site ("you", "your", "user", “customer” or “client”), including without limitation each user who registers as contemplated below ("registered user"). By using the Site, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.3 You must not use Site if you do not agree to the Terms and Conditions

2. Important Notice

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the "CPA").
2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:
- 2.2.1 May limit the risk or liability of Legrand or a third party; and/or
- 2.2.2 May create risk or liability for the user; and/or
- 2.2.3 May compel the user to indemnify Legrand or a third party; and/or
- 2.2.4 Serve as an acknowledgement, by the user, of a fact.
- 2.2.5 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- 2.2.6 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Legrand South Africa to explain it to you before you accept the Terms and Conditions by continuing to use the Site.
2.3 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation created for either you or Legrand South Africa in terms of the CPA.
2.4 These Terms and Conditions are divided into three sections, as follows:

Section A - Orders and Sales
Section B - Privacy Policy
Section C - General Legal Terms and Warranty

3 Section A – Orders and Sales

3.1 You may use the Site to order any Legrand Electrical or Electronic equipment.
3.2 Only registered users may use the Site for ordering.
3.3 To register as a user, you must complete the online application form.
3.4 Legrand will notify you when your account has been activated.
3.5 Only South African residents will be qualified to make use of the Site for ordering purposes.
3.6 You will need to use your unique username and password to place an order via the Site. You agree that a Legrand operator may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering via the Site, failing which we will not process your order.
3.7 You agree and warrant that your username and password (if applicable) shall not be disclosed by you to any third party.
3.8 You agree that you will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Site. You may use the Site only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device, or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the Site and/or the information contained therein without the express prior written consent of an authorised Legrand representative.

Concluding of sale

4.1 When you select an item, the Site will indicate if the product is in stock or not.
4.2 You may only order items that are in stock on the Site.
4.3 We draw your attention to the fact that Legrand products require skilled and qualified installers for installation.
4.4 For each order, you will be charged:
- 4.4.1 The total sale of selected products and quantities.
- 4.4.2 Where you qualify for free delivery, it will be marked as delivery
- 4.4.3 Where your sale falls under the minimum charge to qualify for free delivery, a courier charge will be indicated and applicable.
- 4.4.4 If specifically requested by you, Legrand will provide you with a valid invoice
- 4.4.5 for any fees charged by it or the Courier Company in respect of the Courier Delivery.
- 4.4.6 The invoice will be sent to you by email and will also reflect the price of the purchased items as a line item.

5. Payment

5.1 We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the Site later to complete your order.
5.2 All your order details will be saved online under the Your Account section available for use whenever you’re ready! EFT (Electronic Fund Transfer).
5.3 Card transactions will be acquired for Kimbe Electrical Company of South Africa t/a Legrand South Africa via PayGate, the approved payment gateway for all South African Acquiring Banks is.
5.4 PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

6. Delivery

6.1 Standard deliveries within South Africa shall be limited to within the country of dispatch, unless otherwise specified as per Legrand’s most recent Sales Policy.
6.2 The risk in the product will be passed to the customer on dispatch from our premises and the customer shall be responsible for taking appropriate insurance for such risk, unless otherwise specified.
6.3 Claims for short supplied or damaged goods during delivery transit must be registered via www.legrand.co.za within 48 Hours of receipt (Proof of delivery date via Courier Company or Receipt date will be taken), or claim will be denied.
6.4 Goods will be dispatched from Legrand warehouse within 96 hours after reception of order, subject to stock availability and exclude public holidays and weekends.
6.5 Minimum net order amount for free delivery is R1 500.00 (Incl. VAT)
6.6 A Flat fee for delivery will be charged of R 250.00 (Incl. VAT), on all orders below the Minimum order amount as per clause 6.5, unless the Client selected collection option from the Legrand central warehouse in Sandton Johannesburg.
6.7 Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.
6.8 Legrand uses third party couriers to deliver products. A valid proof of delivery or courier run-sheet will be conclusive proof that the parcel was delivered to the address provided on the order.

7 Errors

7.1 We shall take all reasonable efforts to accurately reflect or inform you of the product description, availability, purchase price and Courier Delivery service charges via the Site. However, should there be any errors of whatsoever nature on the Site (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid.

8 Section B - Privacy Policy

8.1 Customer details will be stored by Kimbe Electrical Company of South Africa t/a Legrand South Africa separately from card details which are entered by the client on PayGate’s secure Site. For more detail on PayGate refer to www.paygate.co.za
8.2 Should you decide to register as a user via the Website, we may require you to provide us with personal information which identifies you. This includes but is not limited to -
- 8.2.1 your name and surname;
- 8.2.2 your email address;
- 8.2.3 your physical address;
- 8.2.4 your identity number;
- 8.2.5 your mobile number;
- 8.2.6 your date of birth; and
- 8.2.7 your gender identification.
8.3 Should your personal information change, please update your personal information via the website as soon as reasonably possible to enable us to update your personal information.
8.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
8.5 Should you decide to register as a user via the Site, we may require you to provide us with personal information which identifies you. This includes but is not limited to:
- 8.5.1 use your personal information for any purpose other than as set out below:
- 8.5.2 in relation to the ordering, sale and delivery of Legrand equipment;
- 8.5.3 contact you regarding current or new Legrand items or services or any other goods offered via the Site (unless you have opted out from receiving marketing material from us);
- 8.5.4 to inform you of new features, special offers and promotional competitions offered by us or any of our franchisees, divisions, affiliates, partners (unless you have opted out from receiving marketing material from us); and
- 8.5.5 to improve our product selection and your experience of our Site by, for example, monitoring your browsing habits, or tracking your sales on the Site; or
- 8.5.6 disclose your personal information to any third party other than as set out below:
- 8.5.7 to our employees, approved resellers, third party service providers, Cloud Drivers and Courier Companies who assist us to interact with you via our Site, email or any other method, for the ordering of Legrand equipment or when delivering to you (i.e. Courier Delivery or Self-collection), and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
- 8.5.8 to our resellers, divisions, affiliates, partners and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Legrand items or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
- 8.5.9 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
- 8.5.10 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit; and
- 8.5.11 to our Resellers, third party service providers in order for them to liaise directly with you in the event of you submitting a complaint or claim regarding any order you have placed which requires their involvement.
8.6We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. Legrand undertakes never to sell or make your personal information available to any third party other than as provided for in this Privacy Policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Legrand is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
8.7We will ensure that all of our employees, affiliates, franchisees, third party service providers, divisions, partners and Resellers (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to such information.
8.8 Legrand will –
- 8.8.1treat your personal information as strictly confidential, save where we are entitled to share it as set out in this Privacy Policy;
- 8.8.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- 8.8.3 provide you with access to your personal information to view and/or update personal details;
- 8.8.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- 8.8.5 provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and
- 8.8.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain;
- 8.8.7 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so or you consent to us retaining such information for a longer period;
- 8.8.8 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such a disclosure is as a result of our gross negligence;
- 8.8.9 If you disclose your personal information to a third party, such as an entity which operates a website linked to the Site or anyone other than Legrand, we SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

9 Section C - General Legal Terms, Warranty & Returns

Technology

9.1 Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site.
9.2 Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information.
9.3 Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

9.4 Legrand websites and portals may use cookie and tracking technology depending on the features offered.
9.5 Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site.
9.6 Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information.
9.7 Aggregate cookie and tracking information may be shared with third parties Card acquiring and securing
9.8 Card transactions will be acquired for Kimbe Electrical Company of South Africa t/a Legrand South Africa via PayGate who the approved payment gateway for all South African Acquiring Banks are. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Security Policies

9.9 Virtual Card Services process all credit card transactions. All credit card transactions are 128-bit Secure Socket Layers (SSL) encrypted.
9.10 The company registration documents, and the Site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
9.12 The Merchant does not have access to credit details.

Warranty

9.13 Legrand products are warranted against defects in material and manufacturing for a period of six months from date of sale towards the end user as constituted under the CPA section 56 and 61 of the Consumer Protection Act, No. 68 of 2008 (CPA). In this regard, the End user may request a refund, exchange or replacement for a similar product.
9.14 Legrand reserves its rights to inspect the product and to issue a technical fault report to any warranty claim, in which this report might take up to 14 working days.
9.15 Legrand products are further warranted against defects with an extension in material and workmanship for 18 months over and above the 6 months as per clause 9.13, from date of sale towards the end user, subject to that the end user have registered for the extended warranty period at www.legrand.co.za
9.16 The extended warranty is limited to either the replacement or repair of any such or similar product.
9.17 Legrand’s obligation in terms of warranty is in respect of any defect of any product bought from Legrand, and no other associated claims which the product in question of warranty might have caused.
9.18 The end user or its associated parties shall have no claim in respect of any defect, including claims for consequential losses other than in terms of the warranty of the defected product.
9.19 Legrand further do not warrant, guarantee, or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents.
9.20 Legrand shall not be liable for any direct, indirect, general, special, incidental, or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages.
9.21 Legrand cannot assume any obligation or responsibility other than the defect of the product.
9.22 All end user purchases must be registered via www.legrand.co.za. Legrand reserves the right to decline any warranty, should the product purchase not be registered and installed by qualified and/or accredited installers.

Returns

9.23 When a product was bought online via the website, the Electronic Communications and Transactions Act (ECT) takes preference over the CPA, allowing the Customer a week to return a 'change of heart' product for a full refund. But in this case, it is the responsibility of the Client to return the goods purchased at their own cost to Legrand central warehouse situated at 21 Spartan Crescent, Eastgate, Sandton 2054.
9.24 Returns are only accepted if the goods are in an original and saleable condition, in their original packaging and in full pack quantities, with the original receipt of the purchase.
9.25 Should goods arrive at Legrand without prior approval and as stated in clause 9.23 and 9.24, goods will be returned to the Clients at their cost or be destroyed.
9.26 Faulty/Warranty items replaced, the logistical cost born out of this, will be at the cost of Legrand only for the return of the product to the End user.
9.27 If the product is not available anymore, a credit will be passed.
9.28 The End User will apply online for credit of an invoice, warranty claim etc. on Legrand’s Site.
9.29 After completing the online form and approval from Legrand, a return number will be issued to the End User.
9.30 The End User will be in charge for the delivery of returned goods to Legrand’s central warehouse and will bear all related expenses for the stock return, in exception of mistakes by Legrand.
9.31 Legrand will issue a credit note or exchange, only once after goods have been received and inspected to ensure the goods and packing is in original and re-saleable condition, validated by a GRV number and associated technical reports.
9.32 Returned goods not applying to the above-mentioned conditions will be refused. In such a case, the customer will be in charge of picking up the goods from the Legrand central warehouse within 2 weeks or the goods will be destroyed, and they will also be liable for any money due to Legrand.
9.33 Claims for short supplied or damaged goods during delivery transit must be registered via www.legrand.co.za within 48 Hours of receipt (Proof of delivery date via Courier Company or Receipt date will be taken), or claim will be denied.

10 Disclaimer

10.1 The use of this Site is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the Website.
10.2 Whilst Legrand takes reasonable measures to ensure that the content of the Site is accurate and complete, Legrand makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Site, or as to the accuracy, completeness or reliability of any information on the Site. If any such representations or warranties are made by Legrand’s representatives, Legrand shall not be bound thereby.
10.3 Legrand disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Site and/or any content therein, unless otherwise provided by law.
10.4 Any views or statements made or expressed on the Site are not necessarily the views of Legrand, its directors, employees and/or agents.
10.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, also makes no warranty or representation, whether express or implied, that the information or files available on the Site are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
10.6 You the Client accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Legrand, its employees, agents or authorised representatives.
10.7 Legrand thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Site.

11 Limitation of liability

11.1 Legrand cannot be held liable for any inaccurate information published on the Site and/or any incorrect prices displayed on the Site or communicated, save where such liability arises from the gross negligence or wilful misconduct of Legrand, its employees, agents or authorised representatives.
11.2 You are encouraged to contact us to report any possible malfunctions or errors by way of email to legrand.south-africa@legrand.co.za or by phone at +27 11 444 7971
11.3 LEGRAND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE SITE OR THE CONTENT CONTAINED IN THE SITE; OR YOUR INABILITY TO USE THE SITE, AND/OR UNLAWFUL ACTIVITY ON THE SITE, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. SHOULD IT BE FOUND THAT LEGRAND IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.
11.4 YOU HEREBY INDEMNIFY LEGRAND AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE SITE AND/OR ANY LINKED THIRD-PARTY WEBSITE OR MOBILE APPLICATION.
11.5 NOTWITHSTANDING THE INDEMNITIES GIVEN ABOVE, YOU HEREBY INDEMNIFY LEGRAND AGAINST ANY LOSS OR DAMAGES OF WHATSOEVER NATURE SUFFERED IN RELATION TO, OR IN CONNECTION WITH, THE USE OF LEGRAND WEBSITE FOR YOUR ORDER.
11.6 NOTWITHSTANDING THE INDEMNITIES GIVEN ABOVE, YOU HEREBY INDEMNIFY LEGRAND AGAINST ANY LOSS OR DAMAGES OF WHATSOEVER NATURE SUFFERED IN RELATION TO, OR IN CONNECTION WITH, THE USE OF SITE OR ITS PRODUCTS FOR YOUR ORDER

12 Force majeure events

12.1 As between you and Legrand, you and any Courier, Driver or any Reseller, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.

13 Governing law and jurisdiction

13.1 These Terms and Conditions, the relationship between you and Legrand, any Reseller or any Courier, and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
13.2 Your continued use of the Site will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
13.3 In the event of any dispute arising between you and Legrand, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
13.4 Nothing in this clause 13 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

14 Notices

14.1 Legrand hereby selects 21 Spartan Crescent, Eastgate Ext3, Sandton, Johannesburg (with a copy to legrand.south-africa@legrand.co.za), which copy must be given in order for notice to be validly given) as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions ("legal address").
14.2 Legrand may change this address from time to time by updating these Terms and Conditions.
14.3 You hereby select the email address and any delivery address specified with your orders as your legal address, but you may change it by giving Legrand not less than 7 days’ notice in writing.
14.4 Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent by hand will be deemed to have been received on the date of delivery; by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
14.5 by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day, unless the contrary is proved.

15 Information

15.1 For the purposes of the Electronic Communications and Transactions Act 2002, Legrand’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the App:
15.2 Full name: Kimbe Electrical Company of South Africa t/a Legrand South Africa Main business: Manufacturing and selling of Electrical and Electronic consumables.
15.3 Physical address for receipt of legal service (also postal and street address): 21 Spartan Crescent, Eastgate Ext3, Sandton, Johannesburg (marked for attention: CEO and Legal), with a copy to legrand.south- africa@legrand.co.za, which copy must be given in order for notice to be validly given
15.4 Phone number: +27 87 820 5058
15.5 Official email address to: legrand.south-africa@legrand.co.za

16 General

16.1 Legrand may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Site, or the user’s right to use the Site, or any of its contents, subject to us processing any orders then already made by you.
16.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
16.3 Any failure on the part of you or Legrand to enforce any right in terms hereof shall not constitute a waiver of that right.
16.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
16.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
16.6 No indulgence, extension of time, relaxation or latitude which either you or Legrand (the "grantor") may show, grant or allow to the other of them (the "grantee") shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
16.7 These Terms and Conditions contain the whole agreement between you and Legrand and no other warranty or undertaking is valid, unless contained in this document.