General terms and conditions
For the Kärcher Pty (LTD) online shop
GENERAL TERMS AND CONDITIONS
For the Kärcher South Africa Online Shop.
This page (together with the documents referred to on it) informs you the terms and conditions on which we supply any of the products (Products) listed on our online shop website: www.karcher.co.za (our site) to you.
Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
Please note that these terms and conditions only apply to orders from our online shop website. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from our site.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act (the CPA).
1. Information about us
2. Your status
3. How the contract is formed between you and us
4. Our status
5. Consumer rights
6. Availability and delivery
7. Risk and title
8. Price and payment
9. Our refund policy
11. Our liability
12. Written communications
14. Transfer of rights and obligations
15. Events outside our control
18. Entire agreement
19. Our right to vary these terms and conditions
20. Law and jurisdiction
21. Returns and cancellation policy
22. You rights
24. Ownership and copyright
1. INFORMATION ABOUT US
We operate the website www.karcher.co.za. We are Kärcher (Pty) Ltd, a company registered in South Africa under company registration number 1984/002279/07 and with our registered office and main trading address at Cnr. George Allen and Mount Joy Road, Wilbart, Ext 2, Germiston.
2. YOUR STATUS
Our site is only intended for use by people resident in South Africa. We do not accept orders from individuals outside South Africa.
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old; and
(c) you are resident in South Africa; and
(d) you are accessing our site from South Africa.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when we dispatch the product.
4. OUR STATUS
We may also provide links on our site to the websites of other sellers, whether affiliated with us or not. We cannot give any undertaking that sellers to whose website we have provided a link on our site will be able to fulfil your order or that any products purchased from such sellers will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
5. CONSUMER RIGHTS
5.1 If you qualify as a consumer under the ECT Act (Electronic Communications and Transactions Act), you may be entitled to cancel some electronic transactions within seven days after you received the products, without reason or penalty (Section 44). In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out in clause 9 below).
Section 56 of the CPA may also apply to your order. Refer to the warranty section under point 10 below.
5.2 To cancel a contract, you must inform us in writing. You must also return the products unless it is a detergent or chemical to us as soon as reasonably practicable after informing us of the cancellation, and at your own cost. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a contract for the supply of any detergents or chemicals if the container seal has been broken or tampered with.
5.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided at www.karcher.co.za/returns. This provision does not affect your other statutory rights as a consumer.
6. AVAILABILITY AND DELIVERY
We always aim to dispatch all products in stock within 2 to 3 working days. The maximum South African delivery time for products is 30 days from acceptance of your order unless specifically agreed with you.
Placing Product in a shopping cart without completing the transaction does not constitute an order for such Product, and as such, Product may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold Kärcher liable if such Products are not available at the particular price when you complete or attempt to complete the transaction at a later stage.
We may at our discretion offer certain Product at a discounted price as part of a promotion. These promotions will be subject to certain conditions which define the scope of the promotion. Promotions may have a stock limit and Product may expire earlier if stock runs out before the end of the promotion period.
We may at our discretion limit Product units per customer for a specific promotion i.e. one unit per customer and the Product offer will be flagged accordingly.
We currently offer delivery by Courier only. We use Value Logistics for deliveries but reserve the right to use other Courier companies if required.
These are door-to-door services. The delivery address must be a physical address, and cannot be a post office box. Someone will need to be available at the address to receive the delivery. Deliveries are made during business hours from Monday to Friday.
You need to ensure that you provide us with a valid delivery address and contact number during the checkout process.
Please contact us if you do not receive your parcel within the estimated delivery time provided.
Contact the customer care department for delivery enquiries:
firstname.lastname@example.org or on 0860 KARCHER (0860 052 7243)
Our business hours are Mondays to Thursdays from 8:00 to 16:30 and Fridays from 8:00 to 16:00.
We always take responsibility up to the point of delivery. If your parcel goes missing or the contents are damaged, we will replace the affected items at no cost to you.
7. RISK AND TITLE
7.1 The products will be at your risk from the time of delivery.
7.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of the products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Product prices displayed are inclusive of 15% VAT. Delivery costs are charged separately on check out and do not form part of the product price displayed.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already dispatched the products.
8.4 Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have dispatched the product, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Payment for all products must be by credit or debit card. We accept payment with Visa & MasterCard. Your card may be charged before we dispatch your order.
9. OUR REFUND POLICY
9.1 If you return a Product to us:
(a) Because you have cancelled the Contract between us within seven days (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, and within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) For any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of any refund due via phone or e-mail within a reasonable time period. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. If we opt to refund the price of a defective Product under clause 10.2, we will refund the price of the Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 As there is a flat charge for delivery we will not refund delivery charges where you only return part of an order. This clause is applicable in all cases except for warranty claims.
9.4 If you choose for us to make a refund, we will contact you and arrange payment of the refunded amount into a bank account of your choice within 30 days of cancellation.
9.5 Refunds will only be processed once proof of return in the form of a waybill is provided to our customer care department at: email@example.com or on 0860 KARCHER (0860 052 7243).
Contact the customer care department to arrange for a warranty claim:
firstname.lastname@example.org or on 0860 KARCHER (0860 052 7243).
Our business hours are Mondays to Thursdays from 8:00 to 16:30 and Fridays from 8:00 to 16:00.
10.1 Content and Scope of the Warranty
Karcher (Pty) Ltd hereby warrant that the appliance is free from defects in material and workmanship under normal use and service for a period of 12 or 24 months depending on the model purchased.
The warranty period is valid from the date of purchase subject to the following conditions:
a) This warranty shall not affect those rights vis-à-vis the seller, secured by law and by contract, which belongs to the customer in his identity as consumer and purchaser.
b) Any faults of material or manufacture which emerge within the warranty period shall (except in cases of the sort specified under point 4) be eliminated or corrected by the Kärcher Customer Service Department, or by an authorized service partner of Kärcher, free of charge – either by repair or by replacement of the machine/parts of the machine in question, whichever Kärcher shall judge to be appropriate.
c) Any machines or components of machines which are replaced by new components shall become the property of Kärcher.
d) The present warranty comprises no right to claims for damages against Kärcher which extend beyond the rights specified therein.
e) The present warranty constitutes no basis for a right of rescission from the purchasing agreement/sales contract or for a reduction of the purchase price.
f) All payments, services, and other benefits which the purchaser shall have received from the seller as a consequence of the latter’s liability under the product guarantee shall be imputed to the warranty.
g) The removal of the serial number sticker from the appliance will render this undertaking null and void.
h) Machine needs to be sent complete with all its accessories to ensure proper testing and troubleshooting.
i) Please, note that our repair turnaround time is 21 working days from date of written correspondence; whereby the customer informs Kärcher that a machine needs to be collected for assessment. The customer will be sent a pick up request document where they will need to provide details of the problem with the machine as well as the collection address where the machine is to be picked up from.
j) The assessment will be completed within 10 working days, and written feedback will be provided to the customer within this time frame.
10.2 Term and Period of Warranty
a) The period of the warranty shall begin from the date of invoice.
b) The following warranty terms apply to:
Pressure Washers K1 to K3 12 months
Pressure Washers K4 to K7 24 months
Wet & Dry Vacuum WD 1 to WD 6 12 months
All Floore care 12 months
All Steamers 12 months
Repairs 3 months
c) Neither the delivery of new machines, or parts of machines, in fulfilment of warranty commitments, nor improvements to machines made free of charge during the warranty period, shall have as a consequence an extension of the original warranty period nor a recommencement of said warranty period from the time of said delivery/improvement.
10.3 Necessary Preconditions for Claims Made Under Warranty
a) Original proof of purchase to be presented along with your webshop invoice order number.
10.4 Cases Not Covered by the Warranty
In cases where the following examples are found, or where signs are detectable on the machine that one or more of the following might have been the case, no rights or claims exist under the present warranty:
a) The use of the machine for a purpose contrary to its intended purpose.
b) Improper operation of the machine.
c) The setting-up of the machine in an improper position or its installation by an unauthorised third party.
d) External influences exerted on the machine, such as vandalism, natural catastrophes, environmental influences, fire, weather-related influences, or other natural phenomena.
e) Contact with materials against which the machine is not resistant.
f) The use of the machine with attachments not manufactured by Kärcher or previously authorised by Kärcher, and/or the installation of spare parts not manufactured or authorised by Kärcher.
g) Insufficient maintenance.
h) The following wear and tear components and attachments are not covered by the warranty:
i. High pressure and low pressure seals in the high-pressure pump.
ii. Oil seals.
iii. Trigger guns, high-pressure hoses and nozzles.
iv. Pump sets.
v. Non-return valves, low-pressure valves and high-pressure valves.
vi. Chemical injectors and strainers used in foaming attachments.
vii. Vacuum motors are not covered if debris, hair or foreign objects are found lodged in the turbine.
viii. Electrical components such as micro switches, electric motors and switches.
i) The carrying-out of installations, repairs, or refurbishing on the machine in question by a third party not authorised for such work by Kärcher.
j) The use of the machine with cleaning agents which have not been approved for use by Kärcher.
k) Improper voltage, sudden voltage spikes or power fluctuations in the electrical supply.
l) Not adhering to the correct extension cable requirements such as maximum length and correct cross section.
10.5 Transfer of Warranty Rights and Period of Limitation Thereon
a) If a Kärcher machine is sold within the warranty period, the warranty rights in question, in the form in which they exist (as per No. 10.2 b) of the present Conditions) at the point in time of the sale, shall pass over along with the right of property in the machine, to the new owner thereof.
b) Claims under the present warranty in respect of a fault or defect discovered during the warranty period may only be asserted up to, and not after, the point in time when the warranty period ends.
11. OUR LIABILITY
11.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the products and, subject to clause 11.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort [including negligence], breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
11.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following:
(a) loss of income or revenue;(b) loss of business;(c) loss of profits;(d) loss of anticipated savings;(e) loss of data; or(f) waste of management or office time.
However, this clause 11.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.2.
11.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987;or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Where you buy any product from a third party seller to whose site we have provided a link, the seller's individual liability will be set out in the seller's terms and conditions.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices must be in English and in writing.
Our physical address for all purposes under this agreement is:
Cnr. George Allen and Mount Joy Road, Wilbart x2, Germiston 1613.
The P.O. Box is 11818, Vorna Valley, 1686.
Our email address is: email@example.com
Notices delivered by hand will be deemed to have been received on the same day.
Notices via post will be deemed to be received 10 days after the date of posting via prepaid registered post.
Notices via email will be deemed to have been on the date indicated in the “Read Receipt” notification.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
18.2 We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18.4 Nothing in this clause limits or excludes any liability for fraud.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we dispatch the product (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen days of receipt by you of the products).
20. LAW AND JURISDICTION
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and interpreted according to the laws of the Republic of South Africa. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of South Africa.
21. RETURNS & CANCELLATION POLICY
The below outlines the returns policy for Kärcher South Africa
21.1 Refund Policy for Kärcher South Africa online purchases
At Kärcher we provide 2-5 business days delivery for the majority of our products. Delivery may take longer due to your location in South Africa. No compensation is provided if a delivery does not arrive within the time specification.
Goods ordered from Kärcher South Africa are delivered directly from our warehouse to the delivery address specified by the customer. If you have any of the below issues please ensure you contact Kärcher South Africa within 30 days of receipt of your order:
• Damaged goods in transit
• Missing parts in box
• Incomplete order
• Any other product defects
• Any other concerns regarding your order
In order for us to best handle your request, please contact our customer care department:
firstname.lastname@example.org or on 0860 KARCHER (0860 052 7243)
Our business hours are Mondays to Thursdays from 8:00 to 16:30 and Fridays from 8:00 to 16:00.
• Ensure you have your order number and ideally a reason for returning (in case we can help you overcome any issues).
• Serial number– this is a 6 digit number located on the machine (we can help you find this!).
• Please note: we may request photos of goods or packaging.
You must notify Kärcher South Africa within 7 days of delivery if you believe that a detergent or chemical is damaged on delivery. You will not have any right to cancel an order for detergents or chemicals if the container seal has been broken or tampered with.
If you change your mind, you have 7 days after receipt to cancel your order. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (above).
We can only provide a full refund for products that are unopened, unused and returned to us in the original packaging at your own cost.
You have a legal obligation to take reasonable care of the product while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
21.2 To ensure we provide you with the fastest and most convenient service, please contact us in advance of returning goods for refund.
If you return a product to us:
• As mentioned above, because you have cancelled the Contract between us within seven days, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
• For any other reason, we will examine the returned product and notify you of any refund due via phone or e-mail within 14 days. Please note in busy periods (e.g. Christmas and other South African Holidays) this may take slightly longer. Please allow up to 5-7 working days for your bank to process this into your account.
• If we opt to refund the price of a defective product, we will refund the price of the product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
• If you cancel your order before the goods are shipped (before your dispatch/waybill information is received), a refund can be processed within at time of cancellation, however please allow up to 5-7 working days for your bank to process this into your account.
• If you cancel your after the goods have been shipped we will advise you on the appropriate course of action for your specific circumstance.
• As there is a flat charge for delivery we will not refund delivery charges where you only return part of an order.
We will not be able to accept the return of an item under our general returns policy in the following situations:
• If we receive a returned item later than 30 days after the date of dispatch.
• If the serial number sticker is removed from the product.
• Stock must always be returned in the original packaging
If a Product in a Bundle Deal with one price per deal is returned – all the Products included in the Bundle Deal must be retuned if the order is cancelled.
Please note, the above information only applies to orders from our online shop website. Products purchased elsewhere should be returned directly to the retailer from which they were originally purchased.
22. YOUR RIGHTS
You have the right to be informed at any time about the data stored concerning your person, its origin and recipient as well as the purpose of data processing. Please contact the Kärcher data protection officer at email@example.com.
22.2 Objection (market research)
You can object to the future processing of the data concerning you in accordance with the relevant legislation at any time. The objection may be made in particular against processing for direct marketing purposes. Please send a short e-mail to data.protection @karcher.co.za (no reason required).
22.3 Withdrawal of consent (e.g. newsletter emails)
You can withdraw your consent to the use of your personal data by Kärcher at any time, for example for sending you the Kärcher newsletter. If you wish to withdraw your consent please click on the "Unsubscribe" link included at the bottom of a received e-mail. In all other cases, please contact the Kärcher (Pty) Limited data protection officer at firstname.lastname@example.org.
22.4 Your other rights
You have the right to correct or delete or to limit the processing of your personal data, a right of objection to future processing and a right to data transferability.
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority in South Africa, working or the place of suspected infringement, if you consider that the processing of personal data concerning you is contrary to data protection rules.
22.5 Supervisory authority
If you have any questions, comments, complaints or suggestions in relation to this notice, or any other concerns about the way in which we process information about you, please contact our Data Protection Officer: email@example.com.
You also have a right to make a complaint to your local privacy supervisory authority:
You can email the Information Regulator with your query at firstname.lastname@example.org or call them on 012 406 4818.
All service contract enquiries:
Tel.: 011 657 7313
23. PAYMENT METHODS
for Kärcher South Africa Online Shop
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment Methods as an online shop customer, Kärcher offers you the following convenient payment methods:
We accept all major credit and debit cards such as Visa, and MasterCard (We do not accept American Express, Diners Club or JCB).
When ordering, select credit card as the payment method on the payment methods page. You will then be asked to enter your credit card details after viewing the order summary. The following data is required: type of card (MasterCard, Visa etc.), card number, card security number and expiry date.
Kärcher is a participant under the Consumer Goods and Service Industry Code.
If you have a complaint about the Product or services provided by us or require information regarding our internal complaints-handling process, please contact us via email at email@example.com or you can contact Customer Care at 0860 KARCHER.
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach theConsumer Goods and Services Ombudsman (“CGSO”) to assist in resolving the dispute.
25. OWNERSHIP & COPYRIGHT
The contents of the Website, including any material, information, data, software, icon, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“the Content”) are protected by law, including but not limited to copyright and trademark law.
You will not acquire any right, title or interest in or to the Website or the Website Content.