Terms & Conditions

 

Trading

Swish is a trading name of Swish Silver CC.

Products

Product specifications and dimensions quoted are accurate at the time of going to press. However, due to continuous product developments and the individual nature of the product, these may vary without notice. Photographs and descriptions are representative and are correct at time of publishing.

Packing and Delivery of Products

Orders will be despatched within 1 working day (except under periods of increased trade)

All deliveries are free within South Africa using a Counter-to-Counter service with the South African Post Office. Visitors can opt to pay more for a courier service Ordering and delivery is from Monday to Friday

Prices and Discounts

While every effort will be made not to alter prices they are subject to change without notice. Prices charged will be those current at the time of ordering the goods

VAT

All prices quoted include VAT

Acceptance of Orders

We reserve the right to reduce or cancel the order or suspend delivery if we are unable, for any reason, to execute the order either in part or whole We are not bound to accept any order.

Errors or Shortages

On receipt of goods, please check that they are undamaged and in accordance with our delivery note before signing for them. Your signature will be regarded as proof of delivery.

Refunds

If the customer has notifed us in writing of the reason for returning the goods, and Swish have advised the customer to return the goods, then a refund will be given. Depending on the reason for the return, postage for the order may be refunded. Replacements: Should a product be faulty Swish reserves the right to replace the item in question before offering the option of a refund.

Cancellations

  1. a) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Swish website (www.swish-silver.co.za), or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection Act (“the Regulations”).
  2. b) If the Regulations apply, Customers may cancel goods purchased from SWISH by sending a written notice of cancellation by post addressed to Customer Services at SWISH: Shop 309, Somerset Mall, Somerset West, 7130. Tel: 021 851 0256 email: shop@swish-silver.co.za
  3. c) The notice of cancellation must be delivered within 7 working days of the date of delivery of the goods.
  4. d) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to SWISH, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
  5. e) The Customer is under a duty to retain possession of the goods whilst awaiting return to SWISH and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation

Term and Conditions of Trading

All the legal stuff:

  1. Definitions
    1. " SWISH " is a trading name of Swish Silver CC, company number CK2004/043590/23 registered in South Africa, also referred to as "we" or "us" in these terms and conditions.
    2. "Force Majeure" means any clause affecting the performance by SWISH of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
    3. "Working days" means Monday to Friday, excluding Bank or other Public holidays
  2. Orders
    1. All contracts of sale made by SWISH shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom SWISH is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Protection Act 2009.
    2. All orders are subject to acceptance and to availability of the goods ordered. SWISH is entitled to refuse any order placed.
    3. You undertake that:
      1. All details you provide to us for the purpose of purchasing goods or services offered on our web site are correct and
      2. The credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
  3. Prices
    1. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
    2. SWISH reserves the right to change prices without prior notice.
  4. Delivery, Title and Risk
    1. Any time or date stated for delivery is an estimate only. SWISH makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time
    2. If SWISH is unable to deliver the goods within 30 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to SWISH in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to SWISH after the above date, but before delivery of the goods or notification from SWISH that the goods are ready for delivery.
    3. SWISH does not accept liability for shortages or damage to deliveries unless the Customer notifies SWISH of the shortage or damage in writing within 7 days of receipt of the delivery.
    4. The customer has to accept the goods when they are ready for delivery.
    5. Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.
    6. Title in the goods does not pass to the Customer until payment is received in full by SWISH.
    7. If the customer cannot accept delivery, SWISH may at its option: (1) store and insure the goods at the Customer’s expense and risk or (2) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (3) re-arrange delivery provided that SWISH may charge the Customer for the additional delivery costs incurred.
  5. Payment
    1. Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the despatch of your Good or provision of service to you.
    2. You confirm that the credit/debit card that is being used is yours.
    3. All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
  6. Product Specifications
    1. SWISH makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities without prior notice.
    2. If SWISH cannot supply the goods ordered by the Customer, SWISH reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to SWISH in respect of that order. This shall be the sole remedy of the Customer in these circumstances.
  7. Warranties and Returns
    1. SWISH is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities described below.
    2. All goods supplied by SWISH are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If the goods are found to be faulty, they may be returned and SWISH will refund the value of the goods (including the return postage)
    3. In the event that SWISH, at its discretion (unless the Consumer Protection Regulations apply), agrees to accept the return for credit of unwanted products, the goods must be returned within the guidelines of the Returns Policy.
  8. SWISH Liability
    1. SWISH shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, (including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). SWISH liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.
    2. Nothing in this agreement shall limit SWISH liability for death or personal injury caused by its negligence.
  9. Health and Safety
    1. In accordance with the Health and Safety at Work, etc Act and the Consumer Protection Act, SWISH confirms that the goods it supplies as a distributor do not present a hazard to health and safety
      1. when properly used for the purpose for which they are designed; and
      2. if the Customer takes reasonable and normal precautions in their use.
  10. Force Majeure
    1. Where, in spite of its reasonable efforts, SWISH is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.
  11. Errors and Omissions
    1. SWISH makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, the tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, SWISH will be entitled to rescind the contract. SWISH’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order.
  12. General
    1. Nothing in these terms and conditions affects your statutory rights as a consumer
    2. If any provision in this agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
    3. Any waiver of a breach of this Agreement must be in writing
    4. Any variation of this Agreement must be in writing and signed by a duly authorised SWISH official.
    5. The headings are for convenience only and shall not affect the interpretation of this Agreement.
    6. Any notices given under this Agreement shall be in writing and sent:
      1. by first class pre-paid post to the last known address of the party; or
      2. by fax to their last known fax number; or
      3. by e-mail to the last notified e-mail address of the party.
    7. The notice shall be deemed served:
      1. two working days after posting; or
      2. upon receipt of a successful fax transmission report; or
      3. after system confirmation of e-mail delivery
    8. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa and the parties submit to the exclusive jurisdiction of the South African courts
    9. SWISH may at its discretion record telephone transactions for staff training and quality control purposes.
    10. SWISH reserves the right to change or amend these terms and conditions at any time and without prior notice
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