TERMS OF SALE ON HUSQVARNA E-STORE
- These Terms of Sale on Husqvarna e-Store (the "Terms") set out the specific terms and conditions applicable to the supply of products, including accessories and spare parts, ("Products") ordered by companies and/or consumers ("You") from the Husqvarna e-Store(the "e-Store") for delivery in South Africa. Additional product and warranty information (including product specifications) can be found on the e-Store's product page(s) and policy documents.
- Consumers are those customers who get special protection under South African consumer laws. These are individuals or any company, partnership, trust etc that has an annual turnover or asset value of R2 million or less. If You do not qualify as a consumer, certain rights will not be available to You in relation to any contract of sale with Husqvarna. Nothing in these Terms conflicts with any statutory rights.
- The e-Store is a site owned by Husqvarna South Africa Pty Limited, a private company registered in South Africa with registration number 2005/0025971/07 and office at Market Road Extension, Mkondeni, Pietermaritzburg, 3202 ("Husqvarna"). The VAT number for Husqvarna South Africa Pty Limited is 496014502.
- By accepting these Terms You confirm that You are legally authorised to enter into a contract with Husqvarna (ie at least 18 years of age; or with proper authority to enter into a transaction on behalf of a company, cc, trust etc). Husqvarna will rely on the representation that you can legally enter into this contract of sale.
- ORDERING PRODUCTS
- Products are ordered and the contract for the purchase of Products is concluded as follows:
- After selecting the Products, You place the order by proceeding to the Checkout. You will be guided through the checkout process by a series of instructions on the e-Store. If a selected Product is not in stock, You may request to be notified (via e-mail) once the Product is in stock as described in the checkout process.
- Your order is an offer to buy the Products listed in Your order and there is no binding contract between You and Husqvarna until the order is accepted by Husqvarna. Whilst Husqvarna endeavours to supply all ordered Products, note that Husqvarna is free to refuse Your order for any reason, including where Products are no longer available, or where Husqvarna suspects that payment has been made fraudulently as an example.
- In placing the order, You will be required to provide information relating to You and Your order, including contact details, delivery address and information relating to the selected payment method (e.g. credit card number). You will also be required to choose your preferred Husqvarna authorised dealer from a list to collect the Product(s) and for warranty repairs.
- You will receive an email or text message confirming the details of Your order and providing You with an order number. Receiving an order number confirms that Husqvarna has received Your request, but is not an acceptance of Your order by Husqvarna. You may cancel (without penalty) or update Your order until the time when Husqvarna communicates to You that your order is ready to be dispatched.
- If a Product that You have ordered is no longer in stock (including if the ordered quantity is not available and can only be partially fulfilled), Husqvarna will contact You so that You can either cancel the order or, where the Product is expected to come back in stock, maintain Your order.
- Once Your order has been processed and accepted by Husqvarna and Your Product is ready to be shipped, Husqvarna will send You a notice of dispatch by email, text or phone call. The contract between You and Husqvarna for the purchase of the Product(s) is concluded when you receive the notice of dispatch.
- Actual dispatch of the purchased Product(s) will, however, only take place once Husqvarna has received payment in full.
- Husqvarna will arrange for delivery of the Products to You using the delivery option selected by You in the checkout process. Where applicable Husqvarna will deliver the Products to the Dealer You selected. You will be contacted when the Product(s) have been inspected and assembled by the Dealer, and are ready for collection.
- Please note that due to the complexity and nature of some of Husqvarna’s products, you will not receive the Product from the Dealer in a sealed box. The Dealer You have selected has the necessary expertise to inspect and assemble the Products to ensure correct assembly so that You will be able to safely use the Products. The Dealer will also provide you with instructions for safe use of the Product(s) these must be followed at all times to ensure Your safety and the safety of those around You.
3.3. Shipping and delivery dates are estimates only and cannot be guaranteed. Products that are marked as "in stock" will generally be delivered to the selected Dealer within 3 - 5 working days. If delivery will be delayed for any reason, Husqvarna will attempt to let You know using the contact information You provided. If Products are not available in the ordered quantity, You may decide to receive such lower quantity and cancel the remaining ordered quantity or cancel the order in its entirety. It is your responsibility to ensure that your contact information provided is correct.
3.4 The delivery will be considered completed when Husqvarna delivers the Products to the selected Dealer. Once You have collected the Products from Your selected Dealer, the Product becomes your responsibility and you take all risk in the Product. If you do not collect the Products within two weeks of being notified that they are ready for collection, the Dealer and/or Husqvarna will attempt to contact You using the contact details You have provided for a maximum period of 4 weeks. Unless you make an alternative arrangement with the Dealer, the Product will be returned to Husqvarna two months after the date You were notified that the Product(s) are ready for collection if You do not collect the Products(s). You expressly agree that you will reimburse Husqvarna for any additional shipment/handling and storage costs caused as a consequence of Your failure to take delivery in accordance with the agreed terms for delivery.
3.5 Husqvarna reserves the right to make minor changes to the technical specifications of ordered Products which do not affect the functionality of the Products.
- PRICES, DELIVERY COSTS AND PAYMENT
4.1 The prices applicable to the ordered Products are displayed on the e-Store and in the order confirmation. All prices on the Store are displayed in the local currency of the e-Store, inclusive of VAT but excluding charges for shipping and handling (these will be added to the cost of the Products and itemized before You agree to these Terms).
4.2 Husqvarna tries to ensure that all prices on the e-Store are accurate, errors may occur (e.g. for technical reasons, such as network failures, errors in transmission etc). If Husqvarna discovers an obvious error in the displayed price, Husqvarna will inform You as soon as possible and give You the option of confirming Your order at the correct price or cancelling it.
4.3 Available payment methods are presented for Your selection on the e-Store in the checkout process. As noted above, Your order will only be accepted by Husqvarna and products dispatched once Husqvarna has actually received payment in full, regardless of your selected payment method.
- RIGHT OF RETURN FOR CONSUMERS
If You order the Products in Your capacity as a consumer you have a cooling-off period of 7 days after You receive the Product to cancel the transaction. You must inform us or the Dealer you collected the products from of your request to cancel the transaction in writing by letter or email Cancellations by email must be addressed to firstname.lastname@example.org.
You will then have two weeks from the date of your notice of cancellation within which to return the Product to the Dealer from whom you collected it.
5.2 Should any payments have been made prior to the cancellation of Your order, these payments be repaid by Husqvarna within 30 days from receipt of Your notice of cancellation on condition that we received the products from you in good condition. In these circumstances, Husqvarna will, however, not reimburse any delivery costs incurred by You for returning the Product. Additional information on returns is set out in the return guidelines and under FAQs on the e-Store. Wherever possible, the Products should be returned in their original packaging but, if this is not possible, You must make sure that You pack them securely for transportation to ensure no damage to the Product(s).
5.3 If you have purchased a Fuel product and have tried it, be sure to clean it and remove all fuel and oil before returning.
5.4 If you return the Products for any reason other than defects or quality problem, the return must be made to Husqvarna or the Dealer within 10 business days of your receipt of the Products. If there is a loss in value to any of the returned Products, and this loss is the result of use of the Product other than what is required for inspection of the Product, Husqvarna may make a deduction to cover these reasonable restocking costs, from any reimbursement or refund made to You.
- INSPECTION, INSTALLATION AND USE
6.1 When you collect the Product from the Dealer you must inspect the Products as to verify that it is exactly what you ordered and to ensure that there is no damage or obvious defects. The Dealer may require you to sign a document to acknowledge receipt of the Products in good order.
6.2 You are responsible for the proper installation and use of the Products that You have purchased on the e-Store. For proper guidance, always read any instructions on the package for the Products and the relevant Husqvarna user/product manual and installation guide which will be provided to You with the purchased Products. If necessary, You should speak to the Dealer for more information about the safe use or installation of the Product.
6.3 Accessories that You have purchased on the e-Store must always be installed and used in accordance with the relevant user manual and installation guide for the Product into which You intend to install and use the accessories. Any spare or replacement parts for any Husqvarna Product must be installed by an authorised Dealer to protect against harm or incorrect installation- any failure to use an authorised Dealer may invalidate any manufacturer’s warranty. A failure to follow the instructions for the safe use of the Products could result in physical harm to You or people around You. Husqvarna will not be responsible for harm caused as a result of Your failure to follow instructions and guides.
7.1 Most Products purchased on the e-store carry a 12 month manufacturer’s warranty in accordance with the terms and conditions of the warranty card You will receive with the Product. The manufacturer’s warranty may be longer or shorter if specified in writing by Husqvarna. This manufacturer’s warranty is in addition to any automatic warranty afforded to Consumers by law.
7.2 In the unlikely event that there are any defects or other issues with the Product, please return it to the Dealer as soon as possible for an assessment. The Husqvarna return guidelines must be followed in respect of Product defects and assessments.
7.3 If Husqvarna determines that the Product is indeed defective and this has not been caused by wear and tear, any misuse, neglect or a failure to follow instructions for safe use, Husqvarna or the Dealer will contact you and will explain the available options to you.
- LIMITATION OF LIABILITY; FORCE MAJEURE
8.1 To the extent permitted by law, Husqvarna's total liability under these Terms in relation to an individual purchase order will be limited to the price You have paid to Husqvarna in respect of that order. Husqvarna has no liability for indirect, special, incidental or consequential damages under these Terms unless such damages relate to proven physical harm to a person or property caused by the Product(s). Husqvarna cannot assure the safety of the Product(s) and will accept no liability for claims caused by:
(a) non-intended use or handling of the Product;
(b) use and installation in combination with appliances/products for which the Product was not intended;
(c) improper installation in terms of the user/product manual and installation guide; including installation of accessories or spare parts by non- authorised Husqvarna Dealers;
(d) a failure to adhere to the instructions for safe use of the Product(s); or
(e) a failure to service the Product(s) at the required intervals.
Please note that use, installation or care of products which is not carried out in the required manner may cause personal injury to You or others and product damages.
8.2 The limitation of liability in section 8.1 does not apply in case of fraud, gross negligence or wilful misconduct on the part of Husqvarna and Husqvarna does not in any way limit its liability for death or personal injury caused by its negligence.
8.3 Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms relating to events outside its reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving its employees), or acts of local or central government or of any other competent authorities, as well as other force majeure events pursuant to applicable law.
- PROCESSING OF PERSONAL INFORMATION
- CUSTOMER SUPPORT
10.1 In the event that You wish to return a Product please contact the Dealer You have selected in the checkout process or contact Husqvarna directly.
10.2 For general questions regarding the use, care or service of the Product, please refer to the user manual or information available on the e-Store. You may also contact Husqvarna, via email or phone (033 846 9700). To locate Dealers, please refer to dealer locator.
11.1 Husqvarna may subcontract and/or transfer its rights and obligations under these Terms without Your prior written notice (in case of transfer of Your rights, Husqvarna will notify You in writing thereof), but this will not affect Your rights or Husqvarna's obligations under these Terms.
11.2 Husqvarna may occasionally run campaigns, sales promotions or offer other incentives ("Promotions") in relation to Products offered on the e-Store. The validity of and conditions that apply to the Promotions will be set out in additional terms and/or rules as will be made available to You at that time. Other than as expressly set out in such promotional terms/rules, these Terms will govern the supply of Products ordered pursuant to a Promotion.
11.3 These Terms together with the order acceptance, warranty cards as well as promotional terms/rules and other policies, terms and conditions of Husqvarna (as applicable) referred to in these Terms, is the entire agreement between You and Husqvarna relating to the supply of the Products and will take precedence over any other prior oral or written communications with respect to the supply of Products to You.
If any provision of these Terms is found to be void, invalid or unenforceable or illegal, to the fullest extent possible, the other provisions will continue in full force and effect.
- GOVERNING LAW; DISPUTE RESOLUTION
12.1 These Terms are governed by South African law. The United Nations Convention on the International Sale of Goods is not applicable to Products purchased from the e-store.
12.2 Any dispute or difference arising from, in connection with, or in relation to the validity of all or a portion of this Agreement, including the interpretation, implementation, effect, rectification, cancellation or any alleged breach thereof, will be determined in Durban in arbitration in accordance with the rules of the Arbitration Foundation of South Africa (AFSA) by an arbitrator appointed jointly by the Parties, or failing such joint appointment within a period of five Business Days from the date on which the Parties are first required to appoint an arbitrator, appointed by AFSA, it being the intention of the Parties that, if possible, the arbitration should be held and concluded within 20 Business Days after it has been demanded.
The Parties irrevocably agree that the decision in these arbitration proceedings:
(1) will be final and binding on them;
(2) will be carried into effect; and
(3) may be made an order of any court of competent jurisdiction.
The provisions of this clause 12 will not preclude any Consumer from bringing proceedings in any applicable forum with jurisdiction or any Party from bringing any proceedings for urgent relief in a competent Court pending arbitration in terms of this clause.
The provisions of this clause 12 will survive the termination of this Agreement.
These Terms were last updated: [October 2019]