TERMS AND CONDITIONS OF WEBSITE USAGE

(1) COPYRIGHT

The copyright in the whole of this website vests with Always Busy Designs CC. Users may download, view and print content from this website for private and non-commercial purposes only.

(2) INTELLECTUAL PROPERTY RIGHTS

The content of this website including trademarks, logos, text, graphics, icons, designs, colours, software, domain name and layout are the intellectual property of Always Busy Designs CC. All the intellectual property rights referred to herein are governed by South African and International Intellectual Property Law.

(3) HYPERLINKS

No person, business or website may link to any page on this site without the prior written permission of Always Busy Designs CC. Hyperlinks provided on this website to non- Always Busy Designs CC sites are provided as is and Always Busy Designs CC does not necessarily agree with, edit or sponsor the content on such web pages. Always Busy Designs CC does not screen or filter such content or the other websites or information available from that other website and therefore does not accept any liability for defamatory, illegal or criminal content contained on such websites. Always Busy Designs CC encourages its users to report any infringement, illegal or criminal content found on any of the websites available through links from this website in order to investigate whether such a link should be removed.

(4) FRAMING

No person, business or website may frame this website or any of the pages on this website in any way whatsoever.

(5) PRIVACY

Always Busy Designs CC shall keep all personal information you give us as strictly confidential and no personal information shall be made available to third parties, unless obliged to do so by law or legal process. This website may use cookies to customise it. Cookies cannot harm your computer in any way and is an industry standard. Furthermore, our users may configure their browsers not to accept our cookies. Always Busy Designs CC may send email messages to its customers with news and users may, by return mail, indicate whether they would prefer not to receive any such mail in future.

(6) DISCLAIMER

Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Always Busy Designs CC nor any of its employees, agents and associates shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, Always Busy Designs CC makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will not be interrupted and error free.

This website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into an agreement with Always Busy Designs CC that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

Information, ideas and opinions expressed on this website should not be regarded as professional advice or the official opinion of Always Busy Designs CC and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this website.

Neither Always Busy Designs CC nor any of its agents or employees shall be liable for any damage, loss or liability of whatsoever nature arising from a user transacting with other users on this website.

Always Busy Designs CC cannot screen or edit all the content available on the Always Busy Designs CC website and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Always Busy Designs CC of any content that may be offensive or illegal. Although Always Busy Designs CC shall endeavour to provide accurate, up to date and truthful information on this website neither Always Busy Designs CC nor any of its employees, agents and associates make any representations or give any warranties, whether expressly, tacitly or implied, as to the operation of the website, the information, content, materials and products included and available from this website.

(7) APPLICABLE LAW

This website is created, hosted, maintained and controlled in the Republic of South Africa and as such the laws of the Republic of South Africa and the jurisdiction of the South African Courts govern this user agreement and the use or inability to use this website.

(8) CHANGES TO THIS AGREEMENT

Always Busy Designs CC reserves the right to make changes to this site and these terms and conditions at any time without prior notice.

TERMS AND CONDITIONS OF SALE

(1) DEFINITIONS

“Company” means Always Busy Designs CC, or its successor.

“Customer” means the party who or which purchases products from the Company, and includes the Customer’s representatives, successors and permitted assigns.

“CPA” means the Consumer Protection Act, 68 of 2008.

“Contract” means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by the Company and accepted by the Customer, or an offer made by the Customer and accepted by the Company.

“Products” means the products sold to the Customer by the Company which form the subject matter of the Contract.

(2) IMPORTANT NOTICE

This document contains the terms and conditions on which the Company sells the Products or provides the services to Customers. Nothing in this agreement is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Customer or the Company in terms of the CPA.

(3) GENERAL

These standard terms and conditions form the entire agreement between the parties regarding the subject matter hereof, save insofar as any incidental documentation may be required for reference purposes to establish variables which are specific to a contract and are not recorded herein. No other terms or conditions, whether express, tacit or implied shall apply to a contract irrespective of the circumstances under which the contract arose. No alteration or variation of these terms and conditions shall be of any force or effect unless and until recorded in writing and signed by the Company and the Customer. All provisions and the various clauses of this contract are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this contract which becomes unenforceable in any jurisdiction, whether due to voidness, invalidity illegality, unlawfulness or for any other reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as not forming part of the contract and the remaining provisions and clauses of this contract shall remain of full force and effect.

(4) QUOTATIONS

Quotations submitted by the Company will, unless otherwise stated therein, be capable of acceptance so as to bring into existence a contract, within a period of 7 (seven) days from the date of the relevant quotation, where after it will be subject to withdrawal and/or alteration by the Company.

All prices quoted include VAT.

Notwithstanding clause above and clause (5) below, quoted prices in respect of Products may be increased by the Company at any time, prior to delivery, in the event of a change in the Customer’s order and where the Products are imported, in the event of an escalation in any importation costs, including without limiting the generality of the foregoing, the foreign exchange rate, raw materials and costs of carriage.

An increase in quoted prices will be communicated to the Customer within a reasonable period of time from the time that the Company becomes aware of the increase.

(5) ACCEPTANCE OF CONTRACT

A contract shall come into existence when the Customer provides the Company with written notice of its acceptance of any quotation given by the Company, within 7 (seven) days thereof, or when the Company accepts in writing any order for the Products placed by a Customer.

The Customer’s order or acceptance of a quote is binding on the Customer and in the event that the Customer cancels the order or accepted quote, the Company may charge the Customer a reasonable cancellation fee.

Notwithstanding what is contained in clause 5.2, the Customer may not cancel an order or accepted quote where that quote or order relates to Products that the Company has been expressly or implicitly required or expected to procure, create or alter specifically to satisfy the Customer’s requirements.

The Customer acknowledges that it is aware that the Company’s sales- persons have no authority to vary

these terms or conditions of sale and the Company assumes no liability and shall not be bound by any statements, warranties or representations made by such sales persons save as expressly stated in writing and signed by a managing director of the Company, duly authorised.

The Customer may only cancel a contract if agreed thereto by the Company in writing and upon payment of reasonable charges based upon expenses already incurred and commitments made by the Company.

(6) PURCHASE PRICE & PAYMENT

The purchase price of the Products shall be paid to the Company in full and without set-off upon presentation of the Company’s tax invoice relating thereto.

Should the Customer fail to make any payment on due date then all amounts owing by the Customer to the Company from whatsoever cause, whether or not the date for payment has arrived, will immediately become due and payable by the Customer and the Customer shall immediately forfeit all discounts of whatsoever nature which may have been expressly granted to it by the Company.

Unless otherwise agreed in writing, any amount not paid on due date shall bear interest at a rate of 2% (two percent) above the publicly quoted basic rate of interest, compounded monthly in arrears and calculated on a 365 day year, from time to time published by First National Bank as being its prime overdraft rate, as certified by any representative of that bank whose appointment and designation it will not be necessary to prove, from due date until date of payment, both days included.

In the event that a Customer is a foreign person and a fluctuation of more than 5% (five percent) occurs in the rate of exchange between the South African Rand and the currency applicable to the foreign Customer in any period of 30 (thirty) days, the Company shall have the right but not the obligation to increase the purchase price of the Products proportional to any such fluctuation, upon 7 (seven) days’ written notice to the Customer.

(7) DELIVERY

Unless otherwise quoted or agreed in writing, the Company is not responsible for delivering the Products and the Customer is responsible for all costs related to the delivery of the Product.

The Customer acknowledges that delivery dates given in advance are estimated and will be made subject to prior orders on file with the Company. The Company will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date. Notwithstanding the foregoing, the Company shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond the Company’s control, fire, labour difficulties, transportation difficulties, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond the Company’s control, or whether caused by negligence or otherwise.

Subject to a quote or written agreement between the parties providing to the contrary, risk in and to the Products shall pass to the Customer upon delivery, regardless of whether or not the Company has agreed to effect installation of the Products.

The Customer shall immediately upon receipt of the Products from the Company be allowed to inspect the Products and the Customer must inform the Company of any errors by way of written notice, to be received by the Company within 7(seven) days of receipt of the Products by the Customer. Should the Customer fail to notify the Company of any claim the Customer may have in terms hereof within the specified 7 (seven) day period such failure shall constitute a complete waiver of any such claim.

Any of the Products delivered to the Customer in error will only be considered for return by the Company provided that such Products are undamaged, have not been tampered with in any way and are not defaced in any way.

If the Customer, due to some fault of its own, cannot accept or should it request the Company in writing to suspend or delay delivery of the Products, the Company reserves the right to claim any additional costs involved from the Customer.

Acceptance of the delivery of the goods sold shall be deemed as evidence of your acceptance of the terms and conditions of sale.

(8) RETURNS

Products sold may only be returned within 7 (seven) days of invoice date, upon presentation of a receipt and on condition they are returned in their original condition undamaged.

Notwithstanding what is contained in the clause above, the Customer may not return Products that have been discounted, are on sale or that the Company has been expressly or implicitly required or expected to procure, create or alter specifically to satisfy the Customer’s requirements.

No credits (price differences etc.) will be passed after seven (7) days from date of original invoice.

No returns will be accepted without a valid reason given in writing and approval by the managing director of the Company.

No returns will be accepted without a copy of the original invoice.

(9) RUG POLICY

No rugs can be returned after 7 days from date of invoice.

No quality complaints can be accepted 15 days after date of invoice. Rugs with a width variation of +/- 3% cannot be returned for credit.

Credits can only be passed once the Company has received the rug, required documentation and inspection was completed to ensure the rug is in the original condition.

A handling fee of 30% will be charged on all returned goods, unless otherwise agreed. no returns will be accepted without a copy of the original invoice.

Dye-lot variations occur in all rugs and are unavoidable. The Customer must examine the product before accepting delivery thereof.

The Company cannot be held responsible for any loss or damage suffered by a customer as a result of the product being incorrectly cleaned or handled.

No claims will be accepted if rugs have been chemically treated after purchase. Please check our website for cleaning and care instructions.

The Company will not accept any responsibility for rugs fading as a result of exposure to South Africa’s harsh sunlight. Fading as a result of exposure to sunlight will be accepted as fair wear and tear in line with its normal end use for which the rug is generally intended.

The Company reserves the right to refuse any return in line with the above-mentioned terms.

(10) OWNERSHIP

Notwithstanding prior delivery and the passing of risk, ownership of and title to the Products shall remain vested in the Company until the purchase price, and any other amounts owing to the Company in respect of the Products, have been paid in full and without set- off, on which date ownership of the Products will be deemed to be transferred to the Customer. Until the date of transfer of ownership, the Customer will not do or omit to do anything which may adversely affect the Company’s proprietary rights in and to the Products.

Without limiting the generality of the foregoing, the Customer shall notify its Landlord (if applicable) that the Products are owned by the Company. In addition, the Customer agrees that until the date of transfer of ownership, regardless of whether or not such Products have been installed, that the Products shall at all times remain separately identifiable regardless of whether the Products have been installed or not.

(11) WARRANTIES

The Company will not be liable to compensate the Customer for any damages sustained by the Customer whilst the Products are being repaired, nor shall it be liable for any other damages, including consequential damages, relating to the replacement or repair of the Products.

Only in the event of the Consumer being a consumer for the purposes of the CPA, then: (a) the products are supplied to the Consumer with a six-month warranty of quality against defects (within the meaning of the CPA), and (b) unless the Customer has specifically informed the Company of the intended use of the Product, the Company does not warrant that the Products purchased by the Customer will be fit for the purpose that the Customer intends using the Products for.

Other than the warranties stated herein, the Customer acknowledges that the Company has made no representations or warranties to the Customer in connection with the agreement prior to the agreement being made.

(12) LIMITATIONS

In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the Customer shall have no claim against the Company for any loss or damage, of any nature, occasioned by any defect in any Products supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Products, save to the extent that the Consumer is a Consumer for the purposes of the CPA and such loss or damage is contemplated in section 61 of the CPA, and provided that nothing in these terms and conditions must be construed as in any way limiting the rights of the Company to raise such defences as may be available to it at common law or in terms of any statute.

In the event that the Company provides advice regarding the application of the Products at the request of the Customer, the liability of the Company in respect of the non-suitability of the Products for the purpose for which they are used will be limited to the selling price of those Products.

The Customer hereby indemnifies and holds the Company harmless against any losses, expenses, costs or damages of whatsoever nature incurred by the Customer arising from any wilful misconduct or gross negligence of the Company.

(13) DEFAULT

Should the Customer fail to make payment upon due date of any amount due and owing, or commit any other breach of the terms of a contract, the Company shall be entitled, at its option without notice and without prejudice to any other right which it may have, including the right to claim damages arising out of the breach or the termination of the contract, to cancel such contract forthwith, and/or to declare all amounts owing by the Customer to be immediately due and payable; and/or to suspend the carrying out of any of its then uncompleted obligations until payment is made.

No relaxation which the Company may have permitted on any occasion in regard to the carrying out of the Customer’s obligations shall prejudice or be regarded as a waiver of the Company’s rights to enforce those obligations on any subsequent occasion.

(14) ASSIGNMENT

The Customer may not actually or purportedly cede, assign or otherwise alienate any rights or obligations which it may have in terms hereof or in terms of any contract with the Company, without the Company’s written consent, which consent will not be unreasonably withheld.

(15) NOTICES AND DOMICILIUM

The parties hereto select as respective addresses for service of any documents the addresses set out in any order contemplated in terms hereof.

Any written notices in respect of this contract shall be sent by email, telefax or delivered by hand and shall be deemed to have been received on the day of transmission or delivery, whichever is applicable.

(16) GOVERNING LAW & JURISDICTION

This agreement and any contract shall be subject to the laws of the Republic of South Africa.

In terms of Section 45 of the Magistrates Court Act of 1944, as amended, the Customer hereby consents to the jurisdiction of the Magistrates Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the Customer by the Company in terms of the contract. It shall nevertheless be entirely within the discretion of the Company as to whether to proceed against the Customer in such Magistrates Court or any other court having jurisdiction.

In the event of the Customer committing any breach of the contract or in the event of the Company being required to take any legal action, the Customer agrees and undertakes to pay the Company’s legal costs as between attorney and own client including collection commission, tracing fees, valuation charges, transport costs and other expenses in connection therewith.

(17) SURETYSHIP

In the event that the Customer is a juristic person, the signatory to this contract hereby unconditionally and irrevocably binds himself/herself to the Company as surety for and co-principal debtor of the Customer in respect of any and all of the Customer’s duties and obligations under this contract, and renounces the benefit of the legal exceptions of exclusion and division, non- indebtedness, error in calculation and revision of accounts, the force and effect of which he/she acknowledges himself/herself to be fully acquainted with.