1. INTRODUCTION

International Trade and Commodities 2037 CC T/A: Domoney Brothers (the “Company”) of 17 Tilney Street, Arcadia, East London, South Africa owns and operates the website  www.domoneybros.co.za (the “website”). The Company includes affiliates, co-branders, directors, employees, independent contractors, officers, partners, and representatives.

In its operation of the website Domoney Brothers offers products for sale in its own right. When you (the “Customer”) place an order with Domoney Brothers, the products may be supplied to you by us and the legal relationship of  ‘buyer’ and ‘seller’ will be applicable. In any event, these Terms and Conditions govern the supply of any product or service ordered by you on the website or in-store. By ordering a product, you agree to be legally bound by these Terms and Conditions.

  1. ORDER AND CANCELLATION

When placing an order online, you must be over 18 years of age. To place the order, you should follow the provided instructions on the Orders and Returns page.

Once you select a product that you wish to order, you will then receive a quotation or sales order (via email) of the price you must pay including value added tax (VAT), if applicable, and any applicable delivery charges. All charges are stated in South African Rand.

You shall pay for the Product in full and any applicable delivery charges when placing the order with us. In any event, we shall not be bound to accept the order before we have received the funds in full.

You undertake that all details you provide to us for the purpose of purchasing the product from us will be correct, that the account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

When you submit an Order, you agree that you do so subject to the prevailing Terms and Conditions.

We shall not be obliged to supply the Product to you until we have accepted your Order. We will send you an Acknowledgement with your order reference number and details of the product you have ordered. Domoney Brothers reserves the right to decline any order, for any reason (e.g. unavailability of supplies).

  1. DELIVERY

We know how important it is to you that you receive your product as soon as possible after purchasing it from Domoney Brother. For those items that are in stock, we aim to deliver regular parcels to central areas in South Africa within 2-7 business days and to outlying areas within South Africa within 5-7 business days. For those products that are made to order, or are not currently in stock, you will be advised of expected delivery date.

We will notify you if we are unable to meet our estimated delivery timeframe but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Items will be delivered to the address you provided while placing an order. The courier might contact you directly to agree on an appropriate delivery time.

If, for any reason, the courier cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the product(s) directly from a courier depot if possible or to re-arrange the delivery. In these situations, Domoney Brothers reserves the right to charge you for any additional costs incurred (e.g. delivery and storage) or to cancel the sale contract, in which case, we will fully refund you the net amount (i.e. the amount you paid minus delivery costs or storage costs).

Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage).

All risk in the product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a contract, risk shall pass at the date when delivery would have occurred but for your breach. From  the  time  when  risk  passes  to  you,  we  will  not  be  liable  for  loss  or  destruction  of  the  product.

You shall ensure that you are ready for safe receipt of the product without undue delay and at any time reasonably specified by us. If you are not available to take delivery or collection, we may leave a card or send an email giving you instructions on either re-delivery or collection from the courier.

If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the courier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

  • Charge you for our reasonable storage fee and other costs reasonably incurred by us; or
  • No longer make the product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you any money already paid to us under the applicable Contract, less our 20% administration charges (including for attempting to deliver and then returning the product, and any storage fees).
  1. CHANGE OF MIND

We want you to feel perfectly confident when shopping with Domoney Brothers. Therefore, we give you the option to return any unopened, unused item in its original packaging that you bought from us for any reason within 30 days of receiving the item.

Prior to returning your product, please either send an email to the Sales Consultant who assisted you with the order. Our Sales Consultants will provide you with all relevant guidelines to proceed with the return (e.g. delivery process). Please do not attempt to return any goods before speaking to our team; otherwise you may be responsible for any associated expenses if you do so.

  1. DAMAGED OR FAULTY RETURNS

In the unlikely event that your item arrives damaged or faulty, you have 10 working days to notify Domoney Brothers. Please send an email to sales@domoneybros.co.za, after which one of our Sales Consultants will contact you.

You may be required to fill in a returns form and to send us images of the damaged product(s) for further assessment. Once assessed and approved by our team, you will be contacted to proceed with the returns process. Domoney Brothers. will arrange a repair, replacement (if available), give you a store credit or refund for the full sale price. Please do not attempt to return the items before speaking to one of our Sales Consultants (you may be responsible for any associate expenses if you do so).

Please note that the following will void any warranty claims:

  • Misuse – where the product was not used for its intended purpose or used outside of the scope of listed technical specifications.
  • Visible damage – where the products are damaged after they have been received and Domoney Brothers was not notified thereof within 10 working days of receipt of products.
  • Modifications – where the product was amended, adjusted or tampered with in such a way that it is deemed as modified from the condition that it was originally supplied to you.
  • We will not refund or replace a product that the customer has bought and received where, in our reasonable opinion, the product has: become of unacceptable quality due to fair wear and tear; misuse; failure to use in accordance with manufacturer’s instructions; using it in an abnormal way; or failure to take reasonable care.
  1. WARRANTY CLAIMS

Our goods come with warranties that cannot be excluded under the Consumer Protection Act. You are entitled to a repair, replacement (if available) or a refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

The Consumer Protection Act is relevant with certain statutory conditions and warranties, which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Consumer Protection Act, a “major” failure, the remedy will be limited to a refund, a replacement or repair of your preference. In all other cases, a breach of such warranty will give rise to a refund, replacement or repair at our preference.

Domoney Brothers works closely with suppliers to ensure all products have appropriate warranties.

Please email sales@domoneybros.co.za or call our Sales Consultant Team on 043 743 9600 to submit a warranty claim. You may be required to send us images of the damage to aid in our assessments. We will then finalise your warranty claim. Please do not attempt to return an item before speaking to one of our Sales Consultants (you may be responsible for any associated expenses).

In the case of a valid warranty claim, Domoney Brothers will strive to repair the product. If that is not possible, the product will be replaced (if available). Should Domoney Brothers be unable to repair or replace the product, a credit or refund will be passed on to you for the value of the product on date of invoice.

We provide the following express warranties subject to the following Terms and Conditions:

  • We will refund, give store credit or replace the product as the case may be in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product
  • Where a refund, a store credit or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law, require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any delivery costs to return the original product to us
  • Replacement products are subject to the same warranties as the original
  • You must retain your proof of purchase for any manufacturer warranty claims
  • Refunds will be issued by direct deposit (EFT), or store credit at our discretion.

To obtain these remedies:

  • You must notify us within 10 working days from date of invoice. In this context, a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In most cases, this will be 7 to 14 days, but in some circumstances may be longer. Please contact us at sales@domoneybros.co.za.
  • Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of courier costs will not be made until the original product is received by us and your claim verified.

We will not refund or replace a product where in our reasonable opinion the product has – following the sale to you:

  • Misuse – where the product was not used for its intended purpose or used outside of the scope of listed technical specifications.
  • Visible damage – where the products are damaged after they have been received and Domoney Brothers was not notified thereof within 10 working days of receipt of products.
  • Modifications – where the product was amended, adjusted or tampered with in such a way that it is deemed as modified from the condition that it was originally supplied to you.
  • We will not refund or replace a product that the customer has bought and received where, in our reasonable opinion, the product has: become of unacceptable quality due to fair wear and tear; misuse; failure to use in accordance with manufacturer’s instructions; using it in an abnormal way; or failure to take reasonable care.
  1. NOTICES

Any notice under a Contract shall be in writing and may be served by email address to the relevant party at the email address of the relevant party last known to the other. Notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service, it shall be sufficient to prove that the email was properly addressed and, as the case may be, posted as a recorded delivery letter or a delivery report received.

  1. GOVERNING LAW AND JURISDICTION

This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and you and Domoney Brothers submit to the non-exclusive jurisdiction of the South African courts.

  1. DISPUTES

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Domoney Brothers on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Service Department of Domoney Brothers, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

  1. COMMUNICATIONS

When subscribing to the Domoney Brothers newsletter, entering your phone number on the website or send e-mails to Domoney Brothers, you consent to receiving communications from Domoney Brothers electronically and agree that all agreements, notices, disclosures and other communications sent by Domoney Brothers satisfy any legal requirements, including but not limited to the requirement that such communications should be in “writing”. You will be able to, at all times, opt out of either of these forms of communication.

  1. GENERAL

These Terms and Conditions shall commence from the date on which they are published on this website and continue indefinitely for so long as the website exists and is operational, Domoney Brothers. being entitled to terminate these Terms and Conditions and / or shut down the website at any time (subject to still processing any orders then already placed and accepted by Domoney Brothers). However, for your future reference, we advise you to print and keep a copy of your Quotation, Sales Order and Invoice.

  1. AMENDMENT

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. Continued use of the website will be deemed to constitute acceptance of the new Terms and Conditions.

  1. DISCLAIMER

Neither Domoney Brothers nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website. Furthermore, Domoney Brothers makes no representations or warranties, implied or otherwise, that, amongst others, the content available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to hayden@domoneybros.co.za.