Terms and Conditions of Sales
Keter Plastic Ltd. owns and operates this web site located at www.keter.com (the "Website"). Keter and its affiliates, and their respective officers, directors, employees, shareholders, agents, successors, assigns, and vendors, retail partners and any other party involved in the creation, operation, production or transmission of this Website shall be referred to herein as "Keter". This Website allows online purchase of products marketed by Keter (an online store).
- Intended Audience and preliminary conditions for conducting transactions on the Website
The Website is available worldwide to anyone with Internet access. Keter makes no representation or warranty that the Website and/or the functionality and features available on the Website ("Features") are appropriate or available for use/access worldwide. This Website is intended and designed for a general audience and users of all ages are welcome to browse the Website. However, if you are under the age of 18, you should not provide any information about yourself on or through the Website, including, but not limited to, your name, address, email address, phone number and other personally identifiable information.
By placing an order on this Website, you (the “Customer”, “User” or “you”) confirm that you have read, understood and accepted the Terms of this Agreement, and agree to be bound by it. If you do not agree to this Agreement, you should not place an order on this Website.
Without derogating from the aforesaid, the execution of purchases through the Website will be possible subject to fulfillment of the following cumulative conditions:
a) The User is an adult (18 years of age or older) or a corporation incorporated lawfully under the laws of the Republic of South Africa;
b) The User has an active e-mail account on the Internet;
c) The User is the holder of a South African credit card issued by one of the recognized credit card companies, and the credit company approved the execution of the transaction;
d) The requested products in your order are in stock;
e) The address for supply of the products in your order is in the Republic of South Africa.
- Establishing an Account and User information
In order to participate in various activities on the Website and in order to purchase products/services from the Website, you may be required to establish and use an account, however, you may only establish an account if you are 18 years of age or older. When establishing an account or when placing an order on the Website you may be required to provide the following details: first name, last name and personal identification number or company name and number (depending on the type of Customer), phone number, address, zip code, e-mail address, credit card details, billing address, and related billing information in connection with your account. You may need to provide additional information, as appears on the Website. When you register to establish an account, User confirms that the information and details provided on registration are accurate and truthful. User should update such information from time to time in order to keep your registration information current and accurate. User agrees that the provision of personal information during establishment of an account and/or placing an order on the Website is done according to his free will and under his consent. If the details provided are incorrect or inaccurate, Keter will not be able to guarantee the execution of the order. User declare and confirm that he is aware that provision of false information knowingly may constitute a criminal offense and that legal proceedings, criminal and/or civil may be initiated against the User, including prosecutions for damages caused to Keter.
Please note that during registration to the Website or placement of an order on the Website, User will be asked to if he wishes to join the mailing list of the Website for the purpose of receiving e-mails and/or SMS messages for promotions and discounts from Keter. User will be asked to mark on a designated area if he wishes to join said mailing list. If User does not wish to receive notices of promotions and discounts from Keter, he may choose not to join the mailing list of the Website, and may at any time remove his details from the mailing list of the Website in the designated area or by any other means available to User in the framework of an email message and/or a text message (SMS) that User receives from Keter.
- Placing an order through the Website
Transactions on this Website are based on a predetermined price and as long as the products listed on the Order ("Order") are in stock is out (regular sale). In the event that a product is out of stock, due to circumstances unknown at the time of placing the order, Keter will notify this to the User within one business day. User will be able to choose between ordering an alternative product or canceling the transaction.
Payment for the transaction will be made by credit card only (other means of payment, such as check, cash, store credit or redemption of points will not be available).
To place an Order, the User should add the items he wishes to purchase to the Shopping Cart. Prior to the online Checkout, the User can review the items in the Shopping Cart, add and/or remove items and update quantities as needed. To complete the Order, User must click on the 'View Cart' link to review the Shopping Cart. If User is are ready to proceed with the purchase, he must click on the ‘Checkout’ button. The User should carefully check the Order prior to completing it, in all respects.
During the checkout process User will be required to accept the Terms and Conditions of Sale associated with the purchase, which can be found here.
User will provide personal information as stated in paragraph 2 above, after which User will confirm the execution of his order.
After placement of an Order, Keter will perform a check of the credit card details with the appropriate credit card company, and only after receiving an approval from the credit card company, Keter will send an email to the User Using to the details User gave when placing the Order and subject to the availability of the products on the Order in stock, as stated above. If the transaction will not be approved by the credit card company, a notice will be shown to the User on the Website and an email will be sent to the User. It is hereby clarified that in such a case the order shall be deemed not to have been executed.
The delivery dates of the order will be considered only as of the date of approval of the transaction by the credit card company.
The user declares that upon provision of an email address he approves sending of notices by Keter, in accordance with the details provided by User, in connection with the execution of Orders. It is hereby clarified that any such email does not constitute evidence for execution of action. Keter's internal computer records and/or of anyone acting on Keter's behalf will constitute admissible evidence of the execution of the said order.
- Supply of products
Keter will supply the products purchased through the Website to the address, in the Republic of South Africa that the User will provide when placing an Order.
The shipping services will be provided through a courier company.
Keter will act to supply the products in accordance with the terms and shipping prices stated on the Website at the time of ordering.
Keter undertakes to supply only products for which the full consideration has been paid through the credit card the User provided and to the address provided by the User.
Payment for the shipment will be made using the credit card and will be added to the payment for the products. Payment for the shipment can not be canceled for any reason, unless if the transaction was canceled due to a defect or discrepancy or if the transaction was canceled before shipment was executed or if the transaction was canceled in accordance with the provisions of paragraph 5 below.
The products delivery will be on normal business days in the Republic of South Africa, Monday through to Friday, 8:00 to 17:00 (excluding Saturdays, Sunday, holidays and holiday evenings). Count of business days will begin on the day the credit card company approves the transaction. An Order made after 12:00 PM will be considered, for the purpose of the delivery date, as an Order made on the next business day.
Keter shall not be responsible for any delay in delivery and/or non-provision caused by incorrect, inaccurate or incomplete details provided by the User. Keter shall not be liable for any delay or failure in supply caused by force majeure and/or events beyond Keter's control, including strikes, downtime, etc. In the event of delay or hindrance in the supply, that is known to Keter in advance, Keter will take effort to inform User of the predicted delay, through the contact details provided by the Customer at the time of placing an Order. In the event of a delay in the supply of a product to the Customer, the Customer may cancel the transaction only in accordance with the dates specified by law and in accordance with the provisions of paragraph 5 below.
- Cancellation of a transaction
Cancellation of a transaction by the User
The User will be entitled to cancel the transaction for the Order in accordance with and subject to all provisions of the law, including, to the extent applicable, the provisions of the Consumer Protection Act, 2008 (“CPA”) and the Electronic Communication and Transactions Act (“ECTA”) and the regulations by virtue thereof.
The following constitute the conditions and instructions for the User in order to cancel User's transaction:
1) The User may cancel the transaction for purchasing a product from the date of making the transaction and up to seven (7) days from the date of receiving the product;
2) The User may not cancel a transaction for the purchase of goods that were manufactured especially for the User following the transaction.
Cancellation of a transaction must be done by means of a written notice to the e-mail address of the Website's operations manager, whose address is: email@example.com
After receipt of the notice of cancellation of a transaction as stated above, Keter shall refund to the User, within 30 days from the date of receipt of the notice of cancellation, that part of the price of the transaction that was paid by the User and shall not charge the User any amount other than the costs of returning the goods to Keter.
If the User receives the product, before the transaction is canceled by him, User will arrange for the product to be returned to Keter, at his own expense, according to the details that will be given to him (in case of cancellation of the transaction due to defect or non-compatibility the return will be at Keter's expense). The product shall be returned, to the extent possible or reasonable, in its original packaging and without any use, complete and without damage and/or harm.
Cancellation of the transaction by Keter
Keter will be entitled to cancel all or part of a transaction:
1) In case the offer for sale included an unusual and obvious error, either regarding the price of the product or the description of the product;
2) If a communication failure and/or other technical problem were found which prevented users from being able to participate in the sale in a proper manner;
(3) in the case of force majeure, acts of war or terror, that prevent the continuation of the sale, its execution or participation in the sale in a proper manner;
(4) If it becomes clear to Keter that the transaction and/or the sale were accompanied by illegal activity of the User and/or anyone acting on the User's behalf;
Notification of cancellation of a transaction shall be delivered to the Customer by telephone and/or in writing to the address provided by the Customer at the time of execution of the transaction or when registering to the Website. In this case, the transaction will be canceled and Keter will refrain from charging the User's credit card or refund any amount paid in respect of the product, insofar as it was paid.
Except for the refund of the transaction amount as aforesaid, the User shall have no claim and/or demand of any kind whatsoever against Keter in respect of the cancellation of the transaction as stated in this section.
- Ownership and Permitted Use of Content
All the Website design, content, information, text, graphics, logos, photographs, trademarks, service marks, trade names, advertisements, the selection and arrangement thereof and other material displayed on the Website (the "Content"), are either the property of, or used with permission by, Keter. The ownership of all Content is retained by its owner. The Content is protected by copyright, trademark and other laws and international treaty provisions. Any use of such Content on this website for any public or commercial purpose, including modification, reproduction, distribution, republishing, transmission, display or performance, without the prior written permission of Keter is strictly prohibited. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.
- Intellectual Property Rights
- Patents and Trademarks
- Prohibited Activities
Although you are permitted to use this Website, You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
In addition you may not, while using the Web Site:
- Copy, modify, reproduce, distribute, display, perform, publish, broadcast or otherwise make available to the public, download and create any derivative works from the Website and/or Content and/or any portion thereof;
- License, sell, assign, lease or otherwise transfer any portion of the Web site including the content displayed on this Website to any third party;
- Request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users;
- Access or use another person's account;
- Disguise the origin of User Communication;
- Alter, modify, frame, or "mirror" any Content; create a deep-link to our Website by by-passing our Website's home page;
- Use any computerized or automatic mechanism, including without limitation, any web scraper, robots, spider to access or download any material or information from the Website;
- Inhibit, disrupt, or otherwise prevent anyone from using or accessing the Web Site or interrupt any user's experience on the Website, including, but not limited to, acting in any manner that disrupts users real-time exchanges;
- Interfere with or disrupt the Website, or servers or network connections to the Website, disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Disassemble, decompile, translate, adapt and reverse engineer the Website and/or any portion thereof;
- Attempt to gain unauthorized access to the Website (or any portion thereof).
In result to any unauthorized use by you of this Website, Keter may take any action they reasonably deem necessary to cure or prevent the violation, including the immediate removal from this Website of the related materials. Without limitation, all other remedies provided at law or in equity are hereby reserved by Keter. Keter will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Keter to disclose the identity of anyone posting such materials.
- Availability of Products, Services and Features
All Features, Content, and products and services available on or through the Website, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Feature, Content, product or service may be discontinued at any time in Keter’s sole discretion. The inclusion of any Features, Content, products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time and in your location. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws and regulations (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Access to and Accuracy of the Website
Keter takes reasonable efforts to ensure that information on this Website is complete, accurate and current. Despite Keter's efforts, however, access to and the accuracy of the Keter.com Website is provided “AS IS” and “AS AVAILABLE” and may occasionally be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. In addition our website may describe products that are not available worldwide and we may make changes in information about price and availability without notice.
Whilst Keter takes all reasonable care to ensure that the information on the Website is accurate, Keter reserves the right to correct errors or inaccuracies and to change or update such information at any time without notice and such change or update will apply to all orders placed after such changes and/or updates take effect.
- Linking to this Website
Creating or maintaining any link from another web site to any page on this Website without Keter's prior written permission is explicitly prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations. Keter reserves the right at any time and at its sole discretion to terminate any permission to link to its Website. In this case you agree to immediately remove the links without any claim and/or demand against Keter in this regard.
- Third Party Links
Some of the Materials in the Website may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Keter.
- Disclaimer of Warranty
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." AS TO THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, KETER EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEBSITE, SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. KETER WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE.
WITHOUT LIMITATION TO THE FOREGOING, KETER DOES NOT WARRANT: (A) YOUR ENJOYMENT OF THE WEBSITE WILL BE WITHOUT INTERFERENCE; (B) THE WEBSITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE WEBSITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEBSITE WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT OR FEATURES WILL BE CORRECTED; (F) CONTENT OR FEATURES ON THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION; (G) PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEBSITE ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION; OR (H) THE CONTENT, INCLUDING BUT NOT LIMITED TO, DESCRIPTIONS OF PRODUCTS, SERVICES AND FEATURES AVAILABLE ON OR THROUGH THE WEBSITE IS ACCURATE, UP-TO-DATE OR COMPLETE.
IT IS HEREBY CLARIFIED THAT THE IMAGES ON THE WEBSITE ARE FOR ILLUSTRATION PURPOSES ONLY AND THAT THERE MAY BE DIFFERENCES IN COLOR OR IN OTHER ASPECTS BETWEEN THE APPEARANCE OF THE PRODUCT ON THE IMAGE ON WEBSITE AND THE ACTUAL PRODUCT.
- PRODUCT WARRANTY POLICY
ALL PRODUCTS AND SERVICES PURCHASED THROUGH THE WEBSITE ARE SUBJECT TO THE WARRANTY PROVIDED BY KETER AND WITH ACCORDANCE TO THE TERMS OF THE WARRANTY. THE PERIOD OF WARRANTY WILL BE SPECIFIED IN THE WARRANTY CERTIFICATE. THE WARRANTY IS GIVEN FOR CASES OF DEFECT IN THE MANUFACTURE THAT ARE DISCOVERED BY A REASONABLE USE OF THE PRODUCT. THE WARRANTY WILL BE GIVEN TO A CUSTOMER THAT PRESENTS A DOCUMENT FOR PROOF OF PURCHASE.
ALL PRODUCTS AND SERVICES PURCHASED THROUGH THIS WEBSITE ARE SUBJECT TO STATUTORY WARRANTIES IF AND TO THE EXTENT PROVIDED FOR BY APPLICABLE LAW.
KETER HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, INCORRECT INSTALLATION BY THE CUSTOMER, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- Limitations of Liability
- Exclusion and Limitations
SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU ONLY IN SUCH CIRCUMSTANCES.
- No Endorsement
No reference made in this Website to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services by Keter, constitute or imply an endorsement, recommendation or favoring by Keter.
- Right to shut down, deny or limit access
- Governing Law
These Terms and Conditions agreement and any claim or dispute arising out of or relating to this agreement, including but not limited to the Web Site shall be governed by and construed in accordance with the laws of the Republic of South Africa without reference to its conflict of laws principles. You agree that all dispute and differences shall be determined in a court of competent jurisdiction of the Republic of South Africa and you hereby consent and submit to exclusive venue and personal jurisdiction therein.
Keter reserves the right at any time, to modify or discontinue, temporarily or permanently, this Website, or any part thereof, with or without notice. We reserve the right to suspend or terminate your account or your use of this Website or Features at any time, for any reason or for no reason. You agree that Keter will not be liable to you or any third party for any modification, suspension, or discontinuation of this Website, or any part thereof.
- Contact Us
Questions or comments regarding the content or practices of this Website and/or these Terms and Conditions should be directed to Keter at firstname.lastname@example.org Keter Plastic Ltd., 2 Sapir Street Herzlia, Israel.
Please feel free to contact us in any case of inquiries or questions.