Terms & Conditions
SILA BRIDAL TERMS AND CONDITIONS
The following terms and conditions shall apply to all sales and /or services rendered by SILA BRIDAL Pty Ltd to the client. The Consumer Protection Act may apply to a transaction between sILA bRIDAL and the client where the client is an individual or is a juristic person (like a company, close corporation, trust or partnership) with either an asset value or annual turnover of less than R 2 million, at the time of the transaction.
Unless the context indicates a contrary intention, the following terms shall have the following meanings ascribed to them:
2.1. “The Bridal House “ means SILA BRIDAL (Pty) Ltd
2.2. “The Client “ means the party to whom goods are sold or rented and /or the services are rendered;
2.3. “The Goods “ means any items manufactured or supplied by SILA BRIDAL to the client for sale or rental.
2.4. “The Services “ means all related services rendered by SILA Bridal for and on behalf of the client and “work performed “ shall have a similar meaning;
2.5. “The Parties” means The Bridal House and the client collectively;
2.6. “The Estimate/Invoice “ means the written estimate/invoice furnished by The Bridal House to the client for the goods and / or the services, the acceptance of which shall constitute a blinding agreement between the parties;
2.7. “Delivery “ means the delivery of the goods to the client:
2.8. “Collection” means collection of the goods by the client from The Bridal House
2.9. “Special Order Goods “ means goods supplied, which are of non – standard size, custom made, where size alterations are required or where design alterations have been performed.
3. Prices quoted are based on costs and supply prices current at the time of the Estimate/Invoice and are subject to change without notice.
4. All estimates are valid for a period of 7 (seven days) from date of issue.
5. No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of any Estimate/Invoice shall be of any force or effect unless reduced to writing or signed by or on headings used in these terms and conditions are for convenience only and shall not affect the interpretation hereof.
masculine shall include the feminine gender, natural persons shall include corporate entities and the singular shall include the plural, and vice versa. behalf of both parties.
6. The signatory to the Estimate/Invoice warrants that he is duly authorized thereto on behalf of the client and has the necessary authority to bind the client accordingly.
7. Upon acceptance by the client of the Estimate/Invoice for Goods for sale, and unless stipulated otherwise in writing, 50% of the Estimate/Invoice price, which shall be non–refundable, shall be paid to The
Bridal House and the balance shall be due and payable by no later than the date stipulated in the Estimate/Invoice. Due to the individual nature of the Goods purchased, once the goods are ordered, the
client shall be liable for full purchase price thereof, notwithstanding that the wedding is cancelled.
8. The client shall not be entitled to cancel any order for special – order goods without the written consent of The Bridal House. Where the client cancels any order which is not an order for special – order
goods, then The Bridal House will be entitled to impose a reasonable charge for the cancellation of that order and the Client will be obliged to pay this charge, on demand.
9. Upon acceptance by the Client of the Estimate/Invoice for Goods for rental, and unless stipulated otherwise in writing, the Client shall be required to pay to The Bridal House a stipulated conditionally
refundable deposit in respect of the Goods rented, as per the invoice payable on the day of collection of the Goods.
10. Delivery of the Goods by The Bridal House to the Client may take place at The Bridal House premises or any other premises agreed by the parties. The Bridal House will be entitled, and the Client authorizes The Bridal House to deliver the Goods to any employee, agent or representative of the Client. Delivery in the manner will be treated as delivery by The Bridal House to the Client. Unless agreed to otherwise by The Bridal House in writing, any delivery of the Goods to the Client outside of The Bridal House premises shall be at the Clients expense as an additional cost.
11. Prior to placing an order, or after an order has been placed or Goods have be delivered by The Bridal House, The Bridal House may from time to time give the Client information, guidance, advice and
suggestions relating to the Goods. To the extent allowed by law, The Bridal House does not warrant, represent or guarantee that the information is accurate or suitable for any purpose. The information is to be used by the Client at their own risk and must not be relied upon by the Client.
12. Goods that are rented must be collected no sooner than 2 (two) days before the wedding date and returned to The Bridal House no later than 3 (three) days after the wedding date in a satisfactory
condition, failing which The Bridal House shall be entitled to utilize part or all of the security deposit in order to restore the Goods t. to a satisfactory condition. In such circumstances where the Goods or parts thereof are, in the reasonable opinion of The Bridal House, irreparable damaged, the Client shall be liable for the balance between the rental cost (together with deposit) and the purchase price of the Goods. The Bridal House reserves the right to charge the Client a late return penalty where the rented Goods are returned late, which penalty shall be deducted from the security deposit.
13. nIt is in the sole discretion of The Bridal House to determine whether Goods rented have been returned in a satisfactory condition or not.
14. Subject to paragraph 15, the security deposit will be refunded to the client within a period of 7 (seven) days from the date of the return of the Goods to The Bridal House.
15. Where the Parties have agreed to any alteration of the Goods after acceptance of the Estimate/Invoice, the full Estimate/Invoice price must be paid before such alteration will be effected. Additional work done and not included in the Estimate/Invoice shall be charged for as an extra.
16. All fittings for alterations will only be done on Tuesdays and Thrsdays, and depending on the availability of the seamstress.
17. All payments due by the client shall be made free of any deduction and shall not be withheld or deferred on account of any claim, counter claim or set-off.
18. The Bridal House reserves the right to suspend and/or cancel its performance in terms of this agreement where the Client has not performed its obligation in terms of this agreement. In the event of default by the Client on any of the terms, The Bridal House reserves the right to demand payment in full, alternatively institute a claim for damages.
19. Ownership of the Goods purchased shall not pass to the Client until fully paid for by the Client.
20. Ownership of the Goods rented shall not pass to the Client at all.
21. Risk of and to the Goods shall pass to the Client on Delivery and/or Collection thereof.
22. Due to each dress being individually made, The Bridal House cannot guarantee the exact duplication of any dresses chosen by the Client for manufacture.
23. Should there be, for whatever reason, no available stock of the embroidery or any other accessory chosen by the client (including but not limited to veils, tiara’s, petty coats, jewelry, gloves, tails, jackets and
any other related accessories), The Bridal House reserves the right, to affect such changes to the embroidery or any other accessory so as to substantially comply with the Client’s requirements and use in its place substantially the same or similar embroidery or accessory.
24. The Client will be deemed to have inspected the Goods on taking Delivery thereof. Without derogating from the provisions of these terms and conditions, unless the Client advises The Bridal House in
writing within 7 (seven) days of Delivery or Collection of the Goods of any defects in the Goods, the Goods shall be deemed to have been delivered by The Bridal House in Good order and condition. In such circumstances where the client advises The Bridal House in writing within 7 (seven) days of Collection of the defect in the Goods, it shall be within the sole discretion of The Bridal House to make good such defect or to reject the same.
To the extent allowed by law and subject clause 38 below:
27.1. The Bridal House’s maximum liability to the Client for all claims, losses and damages added together where these claims, losses and damages are as a result of or are related to any
transaction or information provided in relation to that transaction, shall be limited to the total value of the order by the Client for that transaction; and
27.2. The Bridal House shall not under any circumstances be liable for:
27.2.1. Any defects, shortages in delivery, or failure of the Goods to comply with the Client’s specifications unless written notice is received by The Bridal house within 10 (ten) business days of delivery;
27.2.2. Any claim/s by the Client in consequence of any delays in delivery;
27.2.3. Any loss of profits, loss of business opportunities, loss of revenue, or any indirect, special or consequential losses or damages suffered by the Client, from whatsoever
cause and howsoever arising.
26. Interest on overdue amounts shall, at the sole discretion of The Bridal House, accrue at the rate of 2% above the prime overdraft rate charged by The Bridal House bankers to The Bridal House per annum, from due date of payment until date upon which the payment is made.
27. A certificate given under the hand of a member of The Bridal House as to the total amount outstanding will constitute prima facie proof of the amount of the debt outstanding and the applicable rate of interest to be charged to the Client to enable The Bridal House to obtain judgment against the Client in any Court having proper jurisdiction.
28. In the event of The Bridal House instructing its attorneys to institute any legal action against the client, the Client shall be liable for all legal costs incurred by The Bridal House on the scale as between attorney and Client.
29. The Bridal House may, at its discretion, elect to institute action against the Client in any Magistrate’s Court having jurisdiction, notwithstanding that the amount claimed may exceed the jurisdiction of the magistrate’s Court.
30. The Client nominates as his chosen domicilium citandi et executandi for all purposes in terms hereof the physical address indicated on the Client Information Form or, in the absence of a Client Information Form, the address indicated on the Estimate.
31. The Client hereby indemnifies The Bridal House and holds it harmless against all and any claims for any damages suffered by The Bridal House as a result of any act or omission by the Client and/or any third party.
32. Whilst every care will be taken by The Bridal House to deliver the Goods and/or render the Services in a proper and workmanlike manner, The Bridal House shall not be liable to the Client for any damages, whether direct, indirect or consequential, caused by any act or omission of the Bridal House, its members or staff or any persons under its supervision or control, unless such damages were caused as a direct result of The Bridal House’s gross negligence or recklessness.
33. The Bridal House shall not be liable to the Client for any damages or delays caused as a result of any act or force (vis major event) beyond its reasonable control. Such vis major event shall be sufficient excuse for any delay in or suspension of the performance of The Bridal House obligations. The Parties shall regularly communicate with each other in order to mitigate the adverse effects of a vis major event.
34. No indulgence granted by The Bridal House to the Client shall be deemed to be a waiver or novation of any of the rights of The Bridal House hereof.
35.No condition, term, warranty, representation, or undertaking not contained in these terms shall be binding on The Bridal House, unless reduced to writing and signed by or on behalf of both Parties.
36. The Client consents to The Bridal House verifying the Client’s credit worthiness and other details in its sole discretion and furnishing credit references, where requested.
37. If this agreement and/or Goods or Services provided under this agreement is regulated by or subject to the Consumer Protection Act, is not intended that any provision of this agreement contravenes any
provision of the Consumer Protection Act and therefore all provisions of this agreement must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection
Act are complied with.
38. Each clause of the agreement is separate and separable from the others. To the extent that any clause or part of any clause in this agreement is declared by a court of competent jurisdiction to be unlawful,
invalid or unenforceable for any reason, then that clause or part thereof will be severed from this agreement and treated as if it had not been inserted therein, without affecting the validity or enforceability
of the remainder of this agreement.
39. These terms and conditions may be amended or added to by The Bridal House at any time, in its sole discretion.
Clauses 11, 12, 13, 24, 30, 31 and 32 contain assumptions of risk and/or liability by the Client and limit and/or exclude l. liabilities, obligations and legal responsibilities that The Bridal House may have towards the Clients and other persons. These clauses also limit or exclude the Client’s rights and remedies against The Bridal House and place various risks, liabilities, obligations and legal responsibilities on the Client.