We IMAGE A20191119 Proprietary Limited with,
Registration number: 2019/597446/07 ,
Our physical address is:
Shop 16/17
Edenglen Shopping Centre
Edenvale
Gauteng
1619
trading as POOLMECCA on the website https://www.poolmecca.co.za/ and its subsidiaries,
associates and officers unless otherwise stated

1.1 These Terms and Conditions are applicable when you, as a customer, make a purchase of any product or service from Pool Mecca’s online platform. These terms constitute a legally binding agreement between you and Pool Mecca. 1.2 By accessing and using our Website or making any purchases of our Products or Services, you acknowledge and agree to comply with these Terms and Conditions without any modifications. By using our Website or engaging in any transaction with us, it will be presumed that you have thoroughly read, understood, and agreed to abide by all the provisions stated herein. 1.3 If you have any inquiries or require clarifications regarding these Terms and Conditions, please do not hesitate to contact us via info@poolmecca.co.za or reach us by phone or WhatsApp at 064 545 0088.

2 Definitions

2.1 CPA means the Consumer Protection Act, 2008;

2.2 ECT Act means the Electronic Communications and Transactions Act 2002;

2.3 Lay-by has the meaning set out in clause 10;

2.4 Pool Mecca ;means the trading name of IMAGE A20191119 Proprietary Limited with,
Registration number: 2019/597446/07 online and instore.

2.5 Premises means any premises used by POOLMECCA  to conduct its business;

2.6 Privacy Policy means the POOLMECCA Privacy Policy as amended from time to time. The latest version can be viewed at https://www.poolmecca.co.za/

2.7 Product means any product being sold by Pool Mecca to customers on our Website;

2.8 Service means any service that you can purchase from us on our Website. Some of the services will be rendered by Pool Mecca directly, while other services may be rendered by third parties.

2.9 Special Orders means any Service or Product which is procured, created, personalised or altered specifically to satisfy your requirements;

2.10 Store means any Pool Mecca pick up point within the area of Gauteng East;

2.11 Terms means these general terms and conditions which may be amended by POOLMECCA from time to time.

2.12 Us and we means Pool Mecca;

2.13 You means the customers of POOLMECCA; and

2.14 Website means https://www.poolmecca.co.za/

IMPORTANT NOTICE

Where the CPA applies to you as a consumer, certain terms which limit your rights, make you liable, or require you to confirm facts are indicated in bold text to specifically draw your attention to these clauses.  These clauses are important and should be read carefully and you should make sure that you fully understand what they mean.

3 Personal information

3.1 During the interaction between you and Pool Mecca, Pool Mecca may collect and process your personal information (as defined in the Protection of Personal Information Act, 2013). In certain circumstances, your submission of your personal information may be necessary for you to purchase goods, use our services, or access our Website.

3.2 Further information with regards what we do and how we protect your personal information can be found in our Privacy Policy.

4 Products and Services

4.1 We have made every effort to ensure that the information on our Website, or any other form of communication to you, is accurate.

4.2 While we use our best endeavours to ensure that the image representing the Product, the features, descriptions and specifications pertaining to the Product are correct, the actual Product may be subject to variations in appearance as the packaging may differ over time, or colour representation in marketing material may depend on the medium on which the image is displayed.

4.3 In the event that we identify an inadvertent and obvious error in the Product description, price, or image, we will not be obliged to provide the affected Product to you. We will correct and notify you of any errors as soon as reasonably practical.

4.4 You are responsible to ensure that the Product received by you is the correct Product as selected or ordered. If you have received the incorrect product, you must notify us within 24 hours of you receiving the product to allow us to correct the error. You are entitled to cancel the transaction and receive a refund within the 7 business day period.

4.5 If you are not satisfied with the Product that you purchased, you may return it to us, subject to the returns and refund provisions in these Terms.

4.6 Where a Service is rendered by a third party, we may nevertheless invoice you for their services to ensure a single contact point and to ensure a smooth customer journey. However please note that when Services are performed by a third party (even if we invoice you directly), we will not be liable for the obligations of a third party – you will only have a claim against the service provider directly. 

4.7    If you are not satisfied with the services performed by us, please contact us and we will do our best to remedy any issues.

4.8 We reserve the right to discontinue or change the specifications of our Products and Services from time to time without notice.

5 Pricing and availability

5.1   Product stock is subject to availability.

5.2 Prices displayed  on the Website, in all communications, and on marketing material are correct at the time of such display and when viewed by you.

5.3 We may limit the quantity of any Product that you are allowed to purchase on our Website during promotional offers. Any such limitations will be clearly specified.

5.4 All prices shown on our Website are quoted in South African Rands and are valid and effective only in the Republic of South Africa sold soley in the district Gauteng East.

5.5 All prices displayed are inclusive of VAT.

5.6 We reserve the right to change displayed pricing, however you will be charged the displayed price unless there is an obvious and inadvertent error in the price.

5.7 A list of all printing errors in relation to pricing displayed or advertised or Product availability will be placed as a Notice on the Website.

5.8 We do not reserve Products for customers unless FULLY PAID.

6 Payment

6.1 Products or Services purchased by you must be paid in full before we will deliver the Products or Services. 

6.2 You may pay for Products or Services in Store by cash or credit/debit card. 

6.3 Online purchases must be paid by credit card or electronic funds transfer (EFT). Orders paid for by EFT will only be processed once the payment reflects in our bank account which can take up to seven business days.

7 Special orders

7.1 Special orders will require a minimum deposit of 90% to be processed.

7.2 We reserve the right to apply a cancellation fee of up to 100% of the deposit if you cancel a Special Order when work has already commenced on the order.

8 Website purchases

8.1 To order a Product online, you will be required to register a profile. Registering on our Website does not oblige you to order any Product. 

8.2 To register you will be required to provide certain information including personal details, payment card details and your delivery address.  When registering you will be required to choose a UserID and a password, please keep your password private.  We will not be responsible for any harm or loss suffered as a result of someone other than you using your password as it is your responsibility to keep your password safe.

8.3 If another person has used your account to purchase any Product without your consent, you must notify us within 24 hours.

8.4 You will be required to enter your user ID and password each time you visit our online shopping site.

To amend any registration particulars please click on “Account” and edit your details.

8.5 By submitting an order online, you:

(1) confirm that you are over the age of 18 and have legal capacity to enter into a transaction with us;

(2) confirm that, in order to fulfil your order, we will share your Personal Information with third parties such as your bank and our contracted courier service, only to the extent necessary; and

(3) agree to us investigating any order and confirming any information provided by you in order to prevent fraud.

8.6 Your contract of sale with us is only complete once we have accepted and dispatched your order. You will receive a notification from us once your order has been processed and accepted.

8.7 All products displayed on our Website are subject to availability and will be delivered only within the Republic of South Africa. 

8.8 Use of the Website is subject to our Website Use Policy. 

9 Collection & delivery 

9.1 Orders will be delivered after full payment has been processed and received by us.

9.2 We will only deliver Products into the Republic of South Africa. A delivery charge will be applicable and will depend on the distance from the store. 

9.3 We make use of a third-party courier to deliver any Products and, as such, the delivery process is not entirely within our control. While we use our best endeavours to ensure that a Product is delivered within the lead time suggested on the Website, such a lead time is an estimate only. 

9.4 It is your responsibility to ensure that the personal information provided by you, including the delivery address, is correct. We are not responsible for deliveries to an incorrect address. 

9.5 We will deliver any ordered Product to the designated delivery address provided the truck can reach

your location safely (condition of the road, ability to manoeuvre, …). At the off-loading point, full risk passes to you and we are not responsible for storage, assembling, or installation of the Product.

9.6 You need to inform us about any Product missing or damaged within 24 hours.

9.7 When collecting all orders must be collected in full. Partial collections will not be allowed.

9.8 It is your responsibility to ensure that your vehicle is fully equipped and has the capacity to accommodate the collection of your order in full.

9.9 We reserve the right to refuse loading any Product on your vehicle at collection if we consider there to be a safety risk.

9.10 You need to collect your order within 30 calendar days from the date of the notification to you that your order is ready for collection. After that period, we reserve the right to charge monthly storage fees up to 10% of the value of the Products ordered. If you have not collected your order within three months after receiving the first notification, we reserve the right to cancel your order and refund you with the purchase price less the applicable storage fees. If your order is customised or a special order, we reserve the right to retain the full purchase price.

10 Returns and refunds

Returns and refunds

Warranty

• We warrant all our new products against any defects for six (6) months from the time we supplied the products unless otherwise stated on the warranties page, product or product page. This is the statutory warranty in terms of the Consumer Protection Act of 2008 (CPA). These products are all subject to the manufacturer’s warranties and terms & conditions. Any of our products that become defective during the statutory warranty period (six (6) months from the time the products were supplied) may be returned for us to arrange repair, replacement or a refund. Defective products are those that had a defect or were unsafe when we supplied them. You must prove that the products are defective. As soon as we have been contacted by you to facilitate return of the product to us, we will provide you with the necessary return details. Any customer that is a consumer under the CPA may decide whether we should either repair, replace defective goods or process a refund. We will decide how to compensate customers.
• Should a product be found defective within seven (7) days from you having received your order, we will collect and return the product. Subject to the manufacturer or its official distributing agent determining that the product can be honoured in terms of the warranty, we will carry all the costs involved in returning, repairing or replacing the product. This will be subject to the manufacturer or its official distributing agent determining that the product can be honoured under the terms of the warranty.
• Should the product be found defective or become defective after seven (7) days from you having received your order and where the product still falls under the warranty period, the cost of returning the defective product will be for your account and we will cover the cost of returning the repaired or replaced product back to you. This will be subject to the manufacturer or its official distributing agent determining that the product can be honoured under the terms of the warranty. If not, the costs for the return of the product will be for your account.
• We do not personally carry out the repair; we send the product to the manufacturer to be repaired. We warrant all our repaired products against any further defect for the remaining portion of the statutory warranty period plus a further three months from the time we returned the repaired products.

Returns

• You are entitled to return or exchange any products ordered on-line provide that:
  • You have the proof of purchase (invoice).
  • The item must qualify as an item that can be returned (see non-returnable items below).
  • The item must be in a re-sellable condition ie: unused and or unopened and not tampered or damaged in any way including packaging, except in the case of damaged or faulty items (saleable condition).
  • It is within seven (7) days of delivery, unless the item is found to be defective.
• Returns for on-line orders will be arranged with online sales support . To initiate the return process, please contact on-line customer support via whatsapp message on +27 64 545 0088 and advise them accordingly. You will need your invoice number or order number as the reference.
• Various options and scenarios exist which could give rise to a return. We have summarised some these below, together with the steps to be taken:

Non-returnable products.

Which products CANNOT  be returned?

• Customised products according to your specifications.
• Electrical spare parts,timers,tranformers,capicitors,circuit breakers,pool light globes,uv light spares etc.
• Personalised items.
• Items damaged by LIGHTNING or LOADSHEDDING/POWER SURGE  or any other act of nature.
• Products not used in terms of the product’s user manual or purposefully damaged.
• Items that are likely to deteriorate or expire rapidly.
• Marbelite ,pool paint ,filter sand ,salt or any water treatment or chemical.

Products that are not defective (ie “change of mind”) may be returned to us at your cost within six months from the date of purchase for a refund or an exchange provided that:

(1) you have the original proof of purchase;

(2) the Product is unused;

(3) the Product is in its original packaging;

(4) the Product is in a saleable condition; and

(5) we reserve the right to charge you a restockingor handling  fee.

 If you purchase the Products online, in terms of section 44 of the ECT Act you are entitled to cancel, without any reason and without any penalty, the purchase of any products within 7 days after receiving the products for a  refund.  You will be responsible to pay for the cost of returning the products, any restocking fees and initial delivery fees.

In the event of a refund, such refund will be processed as per EFT payment by issuing you with a POOLMECCA voucher for safety reasons. An EFT refund can take up to seven business days before it reflects in your account.

11.7 In the event of a Product return, we may request your personal information, as well as the reasons for the return. The collection and processing of your personal information will be done in accordance with our Privacy Policy.

Refunds

The refund process will be initiated by either a return or exchange as documented above.

Online refund

• Where a refund is due to the customer, this will be processed as soon as is possible.
• It will normally take between 24-48 hours to process the refund..
  • Full purchase refunds will be processed via Payfast to the credit card you used at the time of the purchase.
  • For partial refunds, an EFT will be processed on confirmation and validation of banking details provided by yourself.
• Refunds will be approved once the case by case situation has been analysed and approved.
• Due to card and banking security considerations and the high levels of fraud prevalent around electronic payments, we may request additional validation answers from you based on the information you provided on registration on our site. While answering lots of questions can be frustrating and time consuming, please bear with us as this security checking is in your interest.

Our on-line customer service department contact details: POOLMECCA

WHATSAPP MESSAGE: +27 64 545 0088

Email:info@poolmecca.co.za

Office Hours: Monday to Friday 9am to 4pm

11 Limitation of liability

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11.1We do not accept liability for any damage suffered by you or to your property  in your dealings with us, unless we have been grossly negligent. This means that you will have no claim against us, even if we are negligent. 

11.2 Where we have been grossly negligent, you will have no claim against any employee, director, or other party related to POOLMECCA directly and personally responsible for such gross negligence.  Your only possible claim is POOL MECCA.  

 11.3We are not responsible and will have no liability in relation to any damage suffered by you or to your property caused by Services rendered by a third-party, . You will only have a claim directly against the service provider. 

12 BREACH

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12.1 If you breach any provision of these Terms, we reserve the right to terminate or suspend any relationship that exists between you and POOLMECCA, and / or prohibit access to our Premises/ website, and / or take the appropriate legal action to recover any loss. 

12.2 Neither party will be liable for breach of any of these Terms due to any matter beyond the control of the respective party. This includes fire, natural disasters, acts of God, strikes, lock-outs, wars, riots, civil commotion, government intervention, or an explosion.