Parties in this Agreement, except where otherwise indicated:
“The Customer” means, jointly and severally, the signatory hereto and any person on whose behalf the signatory signs this agreement;
“San Marco Tile | Studio” means San Marco Tiles (PTY) LTD and its representatives or associate companies, from time to time.
When the Customer makes a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. The Customer must not make any purchase unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
Terms & Conditions
Quotations are valid for 14 days’ available ex-stock, subject to the availability of goods or services and subject to correction of good faith errors by San Marco Tile | Studio and/or its representatives.
San Marco Tile | Studio and its representatives are not liable for shortfalls in respect of measurements or site assessments.
Prices quoted are subject to increases in cost price, including currency fluctuations, before acceptance of the quotation by the Customer.
San Marco Tile | Studio shall upon receipt and validation of 50% refundable deposit secure goods and service for a period of 21 days.
Special order goods and services shall upon receipt and validation of 50% non-refundable deposit be secured by San Marco Tile | Studio.
Goods remain the property of San Marco Tile | Studio until the invoice is paid in full for whether such goods are attached to other property or not.
The Customer hereby confirms that the goods and/or services on the Tax Invoice issued duly represent the goods and/or services ordered by the Customer at prices agreed to by the Customer and, where delivery/performance has already occurred, the goods and/or services were inspected and the Customer is satisfied that these conform to the quality and quantity ordered and are free from defects, no claims will be considered after goods have been affixed.
The Customer is not entitled to sell or dispose of any goods unpaid for. The Customer shall not allow the goods to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of San Marco Tile | Studio in the goods.
The Customer hereby consents to the storage and use of personal information that it has provided to San Marco Tile | Studio for establishing its credit rating and to San Marco Tile | Studio disclosing such information to credit control companies, banks and other institutions involved in rating credit. The Customer agrees that San Marco Tile | Studio will not be held liable for the good faith disclosure of any of this information to such a third party and that no further specific consent need to be obtained for the transfer of such information to a specific third party.
An event of default shall occur if:-
the Customer fails to make any payment in terms of this agreement on a due date and persists in such failure for a period of 3 days after the date of written notice by San Marco Tile | Studio to the Customer requiring the
Customer to effect such payment;
the Customer commits an act which is an act of insolvency within the meaning of Section 8 of the Insolvency Act and fails to remedy the default within 5 days of receipt by the Customer of notice from San Marco Tile | Studio requiring such default to be remedied;
Any of the assets of the Customer are attached under Writ of Execution which Writ is not satisfied within 5 days after the issue thereof;
The Customer ceases to carry on business; or
The Customer compromises or attempts to compromise with any creditor or body of creditors; or
The Customer is provisionally or finally wound-up other than the voluntary liquidation implemented for the purpose of reconstruction or amalgamation; or
The Customer is placed under judicial management, whether provisionally or finally; or
The Customer breaches any of the terms of this agreement (save for a breach contemplated in Clause 7.1 above) and fails to remedy such breach within a period of 7 days from the date of written notice by San Marco Tile | Studio to the Customer requiring that such breach is remedied.
Upon the occurrence of any event of default, San Marco Tile | Studio shall, without prejudice to any other rights which it may have in law, be entitled to summarily cancel the transaction and declare the outstanding amount of the Customer’s indebtedness to be immediately due and payable.
Any order may also be cancelled by San Marco Tile | Studio, without any right to claim damages or any other relief on the part of the Customer due to Acts of God from any cause beyond the control of San Marco Tile | Studio , including but not limited to inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
The invalidity of any part of this Agreement shall not affect the validity of any other part.
The Customer shall be liable to San Marco Tile | Studio for all legal expenses incurred by San Marco Tile | Studio on the attorney-and-own-client scale in respect of any action which may be instituted consequent upon any breach by the Customer of this Agreement.
San Marco Tile | Studio shall have the right to institute legal action in the Magistrate’s Court or the High Court at its sole discretion, and the Customer consents to that jurisdiction.
The Customer accepts that colour shade, as well as size variations, may occur amongst individual and batches of tiles.
The Customer agrees to pay all costs resulting from any acts or omissions of the Customer including suspension of work, modification of requirements, failure or delay in giving particulars necessary to enable work to proceed on schedule or requirements that work be completed earlier than agreed.
The Customer agrees that neither San Marco Tile | Studio nor any of its representatives or agents will be liable for any innocent or negligent misrepresentations made to the Customer.
It is the responsibility of the Customer to determine that the goods or services ordered are suitable for the purposes of intended use.
30 days written notice by prepaid registered post to rectify any defect or breach.
All claims shall be supported by the original Tax Invoice.
San Marco Tile | Studio shall not be liable for any consequential damages or for any edictal liability of any nature whatsoever, nor for any damage arising from any misuse or abuse of the goods or services.
The price on the Tax Invoice issued by San Marco Tile | Studio shall:
Be paid in cash on issue of the invoice; or
If the Customer is a Credit Approved Customer, be paid within 30 days of the end of the month in which it was first issued.
The Customer agrees to pay the amount on the Tax Invoice at the offices of San Marco Tile | Studio or at such other place San Marco Tile | Studio may designate in writing.
Any amounts not paid when due will bear interest at the prime rate of interest charged by San Marco Tile | Studio’s bankers plus 5%.
Discounts are automatically forfeited if payment in full is not made on the due date.
The Customer has no right to set-off or withholds payment for any reason whatsoever. No extension of payment of any nature shall be extended to the Customer unless agreed to in writing by San Marco Tile | Studio beforehand.
A certificate under the hand of any executive director or manager of San Marco Tile | Studio, whose appointment it shall not be necessary to prove, as to the indebtedness of the Customer in terms hereof, shall, in the absence of manifest error, be prima facie evidence of the Customer’s indebtedness to San Marco Tile | Studio.
The Customer agrees to the Standard Rates of San Marco Tile | Studio applicable from time to time for any goods or services rendered, which rates may be obtained on request.
New goods are guaranteed by the Manufacturer’s product-specific warranties only. Services carry no guarantee.
San Marco Tile | Studio’s liability in respect of the manufacture’s product-specific warranty shall be limited to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of San Marco Tile | Studio.
Lead time is dependent on stock availability. Should we have stock available, orders will be dispatched once payment is validated/received.
Every effort is made to effect shipment of your order timeously, however, unforeseen circumstances may cause delays. Should we be faced with such an occurrence San Marco Tile | Studio will contact you via email and provide a revised shipping schedule.
Delivery, Collection & Storage Policy
San Marco Tile shall only store goods for 14 (fourteen) days after receipt of deposit or full payment. Thereafter San Marco Tile shall not be held liable for any shortages or shade variances ex stock before delivery.
The customer indemnifies San Marco Tile | Studio, its staff, or its representative from any claims whatsoever in the event that deliveries are carried out above ground level.
Any delivery notes or waybill (copy or original) signed by the Customer or a third party engaged in transporting the goods and held by San Marco Tile | Studio shall be prima facie proof that the goods were delivered to the Customer.
Delivery times quoted are merely estimates and are not binding on San Marco Tile | Studio.
The Customer agrees to notify San Marco Tile | Studio in writing of no delivery within 24 hours of receipt of goods and note all non-delivery on the invoice or delivery note.
Online purchases within 60 Kilometre radius of Anderbolt, Boksburg, Gauteng, South Africa Door to Door. Orders outside 60-kilometre radius can be collected from our distribution Centre.
Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.
Collection from our showrooms or distribution Centre located in Gauteng, South.
Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to plan for re-shipment.
Order processing will not begin until we receive a confirmed order and full payment.
San Marco Tile | Studio may appoint a third party to transport the goods on the Customer’s behalf on terms deemed fit by San Marco Tile | Studio and the Customer hereby indemnifies San Marco Tile | Studio from any claims of whatsoever nature which may be brought against San Marco Tile | Studio because of the foregoing. The premise of delivery shall be deemed to be at ground floor level at the Customer specified address. No deliveries will be carried out to any level above ground floor level at the address specified by a Customer, by San Marco Tile | Studio or by its staff or its representatives.
San Marco Tile | Studio will store Customers goods after receipt of full payment for a period of 21 days at the premises of San Marco Tile | Studio, in which event the Customer shall bear the risk of shade variances, damage to, destruction or theft of the goods stored.
San Marco Tile | Studio will consider all credits if accompanied by an original invoice within 21 (twenty-one) days from the date of
purchase. A 15% handling fee will be charged for goods returned or exchanged, provided return goods are available ex stock and in original packaging.
Refunds are subject to approval and will be refunded by EFT only. Special order goods and deposits are non-refundable and non-returnable.
Should you for any reason wish to cancel your purchase you
will be liable for a 15% handling fee. Customers must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. The goods must be returned to us undamaged in the original packaging within 14 calendar days.
The Customer shall return any defective goods to the premises of San Marco Tile | Studio at the Customer’s own cost and packed in
the original packaging, failing that San Marco Tile | Studio shall in that event be entitled to charge the Customer a handling fee of 15% of the total invoice amount.
No goods will be accepted for return after a period of 21
days has passed from the date of purchase, surplus goods returned prior to this period may at management’s discretion attract a handling fee.
1. Return tracking.
2. Ensure your package for safe return and declare the full
value of the shipment failing which loss or damage will be for your account.
Payment Options and Pricing
All transactions will be processed in South African Rands (ZAR).
San Marco Tile | Studio endeavours to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable
sales tax and shipping charges (on the day of shipping).
San Marco Tile | Studio reserves the right to change pricing at any time without prior notice.
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready! Sorry for the inconvenience.
EFT (Electronic Fund Transfer)
One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load San Marco Tile | Studio as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.
Branch No.: 252 155
Account Name: San Marco Tiles (PTY) LTD t/a San Marco Tile | Studio
Account No.: 627 505 787 79
Account Type: Current
You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please email your deposit slip to us at firstname.lastname@example.org to ensure your payment is confirmed and order shipped as quickly as possible.
Branch No.: 252 155
Account Name: San Marco Tiles (PTY) LTD t/a San Marco Tile | Studio
Account No.: 627 505 787 79
Account Type: Current
For more information about how to order, special order requirements and other payment options, please contact our Support Team email email@example.com.
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