Terms & Conditions
These terms and conditions shall apply to the sale of any products, as reflected in the relevant order, by Katlego Solutions Proprietary Limited trading as 3D Unique (a South African registered, limited liability company, with registration number 1999/026384/07) (“3D Unique”) and shall, together with such order, upon the placement by the customer reflected in such order (the “Customer”) and acceptance of such order by 3D Unique, constitute the agreement between 3D Unique and the Customer (collectively the “Parties”, each a “Party”) in relation to such products (the “Agreement”).
3D Unique may be contacted at:
Physical Address: 820 16th Road, Randjespark, Midrand, South Africa
Postal Address: P.O. Box 71, Isando, South Africa
Telephone Number: +27 (0) 11 266 7000
Fax: +27 (0) 11 266 7200
Office Bearers: Steve Dawson
WEBSITE USE TERMS
These terms and conditions shall apply to all users of the 3D Unique website, including, without limitation, users who are browsers, vendors, Customers, merchants or contributors of content.
By accessing or using any part of the website, the user agrees to be bound by these terms and conditions.
If the user does not agree to all these terms and conditions, the user may not access the website or place any order for products.
Any new features or tools which are added to the current store shall also be subject to these terms and conditions.
3D Unique reserves the right to update, change or replace any part of these terms and conditions by posting the amended document on the website. It is the user’s responsibility to check this page periodically for amendments. The user’s continued use of, or access to, the website, following the posting of any amendments, constitutes the user’s acceptance of those amendments. 3D Unique reserves the right to modify the contents of the website at any time, however, 3D Unique shall not have an obligation to update any information on the website. The user agrees that it is the user’s responsibility to monitor changes to the website.
Users may review the most current version of the terms and conditions, at any time, at www.3dunique.co.za.
By agreeing to these terms and conditions, the user represents that he or she is, at least, the age of majority in South Africa, mentally fit and the user has provided 3D Unique with consent to allow any of the user’s minor dependents to use this website. If this is not the case, the user shall notify 3D Unique immediately if the user requires any assistance with the interpretation of these terms and conditions.
The user may not use the 3D Unique products for any illegal or unauthorised purpose, nor may the user violate any laws in any jurisdiction (including, but not limited to, copyright laws).
The user should not transmit any worms or viruses or any code of a destructive nature.
The user agrees that a breach or violation of any of the terms and conditions, by the user, will result in immediate termination of the user’s access and may also result in termination of any pending orders.
3D Unique reserves the right to refuse any order, on reasonable grounds, including if any order exceeds the maximum retail order quantities, as published by 3D Unique from time to time.
The user understands that the user’s content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 3D Unique utilises the PayGate platform for all payments and, consequently, the user/Customer confirms that 3D Unique will not receive or process the user/Customer’s credit card information.
The user agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of the website without the express, prior, written consent of 3D Unique.
3D Unique is not responsible if information made available on the website is not accurate, complete or current. The material on the website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
The website may contain certain historical information. Historical information is not necessarily current and is provided for the user’s information only.
In addition to other prohibitions as set out in these terms and conditions, the user is prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon, or violate, 3D Unique’s Intellectual Property rights or the Intellectual Property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will, or may, be used in any manner that will affect the functionality or operation of the website or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with, or circumvent, the security features of the website or the internet. 3D Unique reserves the right to terminate the user’s use of the website for committing any of the prohibited actions as stated in this clause.
PRICING AND PAYMENTS
The Customer shall pay for the products by EFT, through the PayGate (Pty) Ltd (“PayGate”) platform or any other payment instrument which 3D Unique may offer on the website from time to time. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Customers may visit www.paygate.co.za to view the PayGate security certificate and security policy.
Whether paying by debit or credit card, the Customer warrants that the Customer is fully authorised to use that card to pay for the products ordered from the website.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa and the transaction currency is South African Rand (ZAR).
3D Unique shall only process orders for products upon receipt of the full purchase price from the Customer and when such amounts have been confirmed as received by PayGate, or when such amounts have cleared into 3D Unique’s bank account. 3D Unique only delivers products to Customers that have a physical address located within the borders of the Republic of South Africa.
3D Unique reserves the right, but is not obligated, to limit the sales of the products to any person, geographic region or jurisdiction. 3D Unique may exercise this right on a case-by-case basis. 3D Unique reserves the right to limit the quantities of any products that 3D Unique may offer. All descriptions of product pricing are subject to change at any time, without notice, at the sole discretion of 3D Unique.
3D Unique reserves the right to discontinue any product at any time.
3D Unique reserves the right to refuse any order which the Customer may place on 3D Unique. 3D Unique may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by, or under, the same Customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that 3D Unique makes a change to, or cancels, an order, 3D Unique shall attempt to notify the Customer by contacting the e-mail and/or billing address/phone number provided at the time when the order was placed. 3D Unique reserves the right to limit or prohibit orders that, in 3D Unique’s sole judgment, appear to be placed by dealers, resellers or distributors.
The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made on the website. The Customer agrees to promptly update the Customer’s account and other information, including email addresses, to enable 3D Unique to complete transactions and contact the Customer, if required.
If any amount owed by the Customer is not paid on the due date, then without prejudice to any other rights which 3D Unique may have, 3D Unique may immediately suspend the performance of any of its then uncompleted obligations or orders until the relevant payment has been received in full.
Any costs incurred by a Party arising from the breach by the other Party of any of the provisions of this Agreement shall be borne by the Party in breach on an attorney-and-own-client scale.
DELIVERY, CANCELLATION AND RETURN OF PRODUCTS
Unless arrangements are made to the contrary, delivery shall be made by courier to the Customer at the Customer’s premises reflected in the relevant order.
3D Unique shall not be liable to the Customer, or any third party, for any stock shortages or the unavailability of clearance items.
The Parties record that the courier is a third party contractor and that 3D Unique shall not be responsible for the management, actions or conduct of the third party courier. 3D Unique will dispatch orders for products within 5 (five) to 9 (nine) business days, subject to receipt of payment and stock availability. If the product is not in stock, ordering and shipping may take up to 8 (eight) weeks.
The Customer shall track the status of his/her delivery and 3D Unique shall reasonably assist with any queries, complaints or claims relating to any delivery of products.
3D Unique shall not be liable for any delays in deliveries, non-delivery, damages, losses or short deliveries caused by the courier, or for any incorrect deliveries which may have been caused by incorrect or inaccurate information provided by the Customer or on the Customer’s behalf.
The Customer agrees that the products are provided on the basis of an estimated time of arrival as provided, and as amended, by 3D Unique, the courier, supplier or distributor.
The Customer must examine all products on delivery and, subject to applicable law, 3D Unique shall not be liable for any external damages, incorrect deliveries or incomplete deliveries if the proof of delivery was signed by the Customer, or on the Customer’s behalf, or if the Customer ordered the incorrect product.
The Customer shall notify 3D Unique within 24 (twenty-four) hours from receipt of the delivery of any incomplete, defective or damaged products. Failure to provide the necessary notification to 3D Unique may result in rejection of the Customer’s claim. 3D Unique shall investigate the matter and the Customer shall provide reasonable proof of the incomplete or damaged products or such other information as 3D Unique may request from the Customer.
If products are delivered incorrectly due to the actions or omissions of the Customer, the Customer shall accept such products in good order and as delivered.
If products are delivered incorrectly due to an action or omission on the part of 3D Unique, 3D Unique shall facilitate the collection and replacement of the products at its own expense.
If the Customer wishes to cancel an order before it has been shipped, a refund cannot be provided if the item was acquired by 3D Unique from an external provider. A refund shall only be provided for stock which is already on hand, when cancellation is requested, prior to shipment.
Any cancellation or return request shall be considered at 3D Unique’s sole discretion and within the parameters as set out in 3D Unique’s Return and Exchange Policy. Approved cancellations or returns will attract an administration fee equal to 10% (ten percent) of the order value or the actual costs incurred to cover any re-stock, logistics, PayGate, banking and any other charges that may be incurred, whichever is the highest.
3D Unique cannot accept returns, cancellations or exchanges on consumable products, save in the event where the consumable product is defective.
RISK AND OWNERSHIP
The risk in respect of any products shall pass to the Customer immediately when the products are delivered to the courier, the Customer or the authorised agent of the Customer, whichever occurs first in time.
Ownership in the products, notwithstanding delivery thereof and/or the granting of credit to the Customer, shall remain vested in 3D Unique until the purchase price has been paid in full and received by 3D Unique.
WARRANTIES AND SPARES
3D Unique only sells new, unused products through the website and provides no guarantee that the necessary service, maintenance or repair facilities or parts are readily available within a reasonable period.
3D Unique has made every effort to display, as accurately as possible, the colours and images of the products that appear on the website. 3D Unique cannot guarantee that the Customer’s computer monitor’s display of any colour will be accurate.
3D Unique does not guarantee, represent or warrant that the Customer’s use of the website will be uninterrupted, timely, secure or error-free.
3D Unique warrants that the products are reasonably free from defects in materials and workmanship, under normal use, and use in accordance with the applicable OEM product user manual, which may accompany the product, during the Warranty Period (as defined below).
Subject to applicable law and clauses 6.12 and 6.13, the warranty is provided for a period of 6 (six) months from the delivery of the product to the Customer (the “Warranty Period”).
During the Warranty Period, 3D Unique will repair, replace or refund the product, or any relevant parts thereof, in the event of any defect in the materials and workmanship.
The warranty in respect of a repaired or replaced product, or part, shall continue for the remainder of the Warranty Period of the product, which was repaired or replaced, or for 3 (three) months from the date of such repair or replacement, whichever is longer.
Repair or replacement of a product or part may involve the use of a functionally equivalent reconditioned unit.
The Customer shall not be charged (whether for parts, labour or otherwise) for the repair or replacement of a defective product during the Warranty Period. All replaced defective products, parts, boards or equipment shall become the property of 3D Unique.
The Customer shall follow 3D Unique’s Return and Exchange Policy as advised by 3D Unique in response to the first communication from the Customer with regards to a warranty claim.
- This warranty does not cover (excludes) defects, damages, losses, costs, expenses or repairs resulting from:
- normal wear and tear of the product or otherwise due to the normal aging of the product;
- the product being used other than in a normal and customary manner;
- any disassembly, repair, alteration or modifications performed by anyone other than 3D Unique;
- misuse, abuse, negligence, power surges, natural disasters, third party products, service provider failures or accidents howsoever caused;
- improper testing, operation, environment, maintenance, installation or any alteration or modification of the product;
- spillage of food or liquids, corrosion, rust or the use of the incorrect voltage;
- scratches or damage to plastic surfaces and all other externally exposed parts due to normal use;
- use contrary to the terms of the OEM product user manual;
- loss of, or damage to, the Customer’s data caused by a product;
- use of the product in countries other than South Africa;
- consumables, such as hot ends, nozzles, fan covers, build surface, build plates, top covers and any other consumable product that is expended in the normal operation of the printer, unless that consumable has a manufacturing defect;
- in the case of FDM 3D, where the printer has done over 400 (four hundred) working hours; and
- damage caused by improper installation, use, operation, stored in an inappropriate or improper environment (including damp, mildew or exposure to extreme weather conditions), overload working and misuse, using unauthorised spare parts, using poor quality filament, use of unauthorised third party software, improper or no maintenance, wear and tear or a Force Majeure Event, as defined in clause 10.2.
- The warranty period for heating rods, thermal sensors, heat beds, cooling fans and circuit boards, including LCS, LCD Logic Board, Motion Controller Board and Extruder Board is 90 (ninety) days from the date of purchase.
- The FDM Extruder has a 3 (three)-month warranty from the date of shipment to the Customer. The FDM extruder upgrade kit shall not belong to free maintenance fittings and shall be purchased separately.
- The warranty will expire if the serial number or warranty seal on the product is illegible, has been defaced, altered or removed.
- The warranty applies to the product as originally supplied by 3D Unique. The warranty does not apply to any software or other equipment owned or provided by 3D Unique, or third parties on 3D Unique’s behalf, and the Customer should review the end-user license agreement, separate warranty/guarantee statement(s) and/or any exclusions which are provided or intended to apply to such items.
For the purposes of this Agreement, “Intellectual Property” shall mean any rights to know-how (not in the public domain), invention (whether or not patented), design, trade mark, copyright material or plant breeder’s rights, whether registered or not, anywhere in the world.
The Parties agree that the Intellectual Property of the other shall remain that Party’s exclusive property and that nothing in this Agreement shall constitute an assignment or license of the other Party’s Intellectual Property.
- The liability of a Party in respect of any claims arising from, or in connection with, this Agreement, whether founded in contract or delict or otherwise in law, shall be limited to the direct losses or direct damages suffered and shall not include any liability for any indirect damages or losses of production or loss of profit, or any other consequential damages or losses.
- The liability of a Party hereto, in respect of any claims arising from, or in connection with, this Agreement, whether founded in contract or delict or otherwise in law, shall be limited to the direct losses or direct damages suffered and shall be limited to the value of the transaction as reflected in the relevant order.
- Nothing contained herein shall limit a Party’s liability for gross negligence, fraud, theft, personal injury, illness or death.
This Agreement, or the relevant order, may be terminated by: (a) the non-breaching Party 14 (fourteen) days from the other Party’s receipt of a written notice from the non-breaching Party of any failure to perform, when due, any term or condition of this Agreement, unless such failure or performance is corrected to the reasonable satisfaction of the non-breaching Party within such period; or (b) the other Party upon the occurrence of the other Party’s bankruptcy, liquidation or if placed under business rescue proceedings, whether voluntarily or by creditors, provisionally or finally.
The Customer agrees that irreparable damage would occur if any of the undertakings recorded in this Agreement were not fully complied with or breached. The Customer, accordingly, agrees that 3D Unique will be entitled to apply for, and be granted, an order for specific performance, in addition to any other remedy to which 3D Unique may be entitled to in terms of applicable law including, without limitation, a claim for damages.
Each Party shall be excused from performance in terms of this Agreement for any period, and to the extent, that it is prevented from performing any obligations pursuant to this Agreement, in whole or in part, as a result of a Force Majeure Event (as defined in clause 10.2). If either Party is prevented from, or delayed in, performing any of its obligations in terms of this Agreement by a Force Majeure Event, it shall promptly notify the other Party by telephone (to be confirmed in writing within 5 (five) days from the inception of the delay) of the occurrence of a Force Majeure Event and describe, in reasonable detail, the circumstances constituting the Force Majeure Event and of the obligations which are thereby delayed or prevented. Such Party shall also use commercially reasonable efforts to recommence performance whenever, and to whatever extent, possible without delay.
Neither Party shall be liable for any default or delay in the performance of its obligations in terms of this Agreement if, and to the extent that: (a) such default or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country, strikes, labour action or unrest, epidemic, pandemic, virus outbreak, government regulation or intervention, or any other cause beyond the reasonable control of such Party; (b) the non-performing Party is without fault in causing such default or delay; (c) such default or delay could not have been prevented by reasonable precautions; and (d) such default or delay cannot reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans or other means. The obligations of the other non-affected Party shall also be suspended while the affected Party’s obligations are subject to a Force Majeure Event.
Should the Force Majeure Event exceed 30 (thirty) days, either of the Parties shall have the right to terminate this Agreement, or the relevant order, with immediate effect.
Should any dispute, disagreement or claim arise between the Parties (the “Dispute”) in connection with any matter relating to this Agreement, or which relates in any manner to any matter affecting the interests of the Parties in terms of this Agreement, its formulation or in connection with any further agreement resulting therefrom, the Parties shall provide written notice to the other Party of the Dispute. The Parties shall endeavour to resolve the Dispute amicably by referring the Dispute to the Senior Management of the Parties (the “Management Representatives”) for negotiation and resolution.
If negotiation fails and the Dispute is not resolved by the Management Representatives within 10 (ten) days from the aforementioned written notice, the Parties may refer the Dispute for resolution by mediation under the rules of the Arbitration Foundation of Southern Africa or its successor organisation (“AFSA”).
If mediation fails, the Parties may refer the Dispute within 15 (fifteen) days for resolution by 1 (one) arbitrator, appointed by agreement between the Parties, as an expedited arbitration in Johannesburg under the then-current rules for expedited arbitration of AFSA.
If the Parties are unable to agree on the arbitrator within a period of 10 (ten) days from the referral, the arbitrator will be appointed by the Secretariat of AFSA.
Any decision resulting from such an arbitration shall be final and binding on the Parties and shall not be appealable, save in the event of manifest error.
Nothing in this Agreement shall preclude any Party from seeking urgent, interim relief from any competent court pending the finalisation of the resolution process as set out in this clause 11.
The undertakings contained in this clause 11 shall be severable from the remainder of the Agreement and shall survive the termination of the Agreement.
JURISDICTION AND GOVERNING LAW
Subject to clause 11, the Parties irrevocably submit to the exclusive jurisdiction of the Randburg Magistrate’s Court.
The Parties further agree that the Agreement will, exclusively, be governed by the laws of the Republic of South Africa.
DOMICILIA AND NOTICES
The Parties choose as their domicilium citandi et executandi their respective addresses as set out in this clause 13 for all purposes arising from, or in connection with, this Agreement at which addresses all processes and notices arising from, or in connection with, this Agreement may validly be served upon or delivered to the Parties as follows: 3D Unique at: 820 16th Road, Randjespark, Midrand, South Africa; and the Customer: the address as reflected in the relevant order, or such other address of which the Party concerned may notify the other Party in writing, provided that no street address mentioned in this clause 13 shall be amended to a post office box or poste restante.
- Any notice served in terms of this Agreement shall be in writing and shall, if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery; or (b) if transmitted by email, be deemed to have been received by the addressee on the next Business Day, defined as Monday to Friday in the Republic of South Africa, excluding any official South African public holidays, following the date of dispatch, unless the contrary is proven.
- Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by a Party from the other shall be adequate written notice or communication to such Party.
In this Agreement, unless clearly inconsistent with, or indicated otherwise by, the context: (a) any reference to the singular includes the plural and vice versa; (b) any reference to natural persons include legal persons and vice versa; and (c) any reference to a gender includes the other genders.
Clause headings in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify, its terms, nor any of its clauses.
Any substantive provision in any definition in this Agreement which confers rights or imposes obligations on a Party shall, notwithstanding that it is only contained in a definition, be given effect to as if it were a substantive provision in the body of the Agreement.
When a number of days are prescribed in this Agreement, they shall be calculated exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day.
Reference to days, months or years in this Agreement shall be construed as Gregorian calendar days, months or years.
Where figures are referred to in numerals and in words, if there is any conflict between the two, the Parties agree that the words shall prevail.
Any term defined within the context of any particular clause in this Agreement shall, unless otherwise determined by the context, bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that such term is not defined in a definition clause.
Expiration or termination of this Agreement shall not affect such of its provisions as expressly provide that they shall continue to operate thereafter or which, of necessity, must continue to have effect thereafter, notwithstanding that the clauses themselves do not expressly provide for such continuation.
In this Agreement, the rule of construction that a contract shall be interpreted against the Party responsible for the drafting or preparation of the contract, shall not apply.
Any reference in this Agreement to a Party shall, if such a Party is liquidated, sequestrated or placed under business rescue proceedings, be applicable to, and binding upon, that Party’s liquidator, trustee or business rescue practitioner, as the case may be.
In this Agreement, the words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed, nor shall they take effect, as limiting the generality of any preceding words.
Unless otherwise provided, defined terms appearing in this Agreement in title case shall be given their meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with their plain English meaning.
- Neither of the Parties shall cede, delegate, subcontract or assign, nor in any other manner, dispose of any of its rights or obligations arising from this Agreement, without the prior written approval of the other Party, which consent shall not be unreasonably withheld or delayed. The Parties agree that the aforementioned shall not apply to 3D Unique’s use of group companies or affiliates, product suppliers, distributors, logistic suppliers or couriers.
- The Parties herewith give reciprocal undertakings to each other to act in good faith, to protect each other’s interests and to refrain from any statements or actions that may damage or bring into disrepute the good name or public image of the other Party.
- The Parties shall be deemed to be independent organisations and the personnel of a Party shall not be deemed to be personnel of the other Party.
- Neither of the Parties shall act as the agent of the other, and shall not have the authority, or represent that it has the authority, to bind the other Party or incur credit on its behalf.
- Nothing contained in this Agreement shall be interpreted as establishing a joint venture or partnership between the Parties.
- This Agreement contains the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior agreements between the Parties, whether written or verbal, with respect to the subject matter of this Agreement.
- A failure to enforce or to require the performance, at any time, of any of the provisions of this Agreement shall not be construed to be a waiver of such provision and shall not affect either the validity of this Agreement, or any part hereof, or the right of any Party to enforce the provisions of this Agreement.
- No amendment, interpretation or waiver of any of the provisions of this Agreement shall be effective unless reduced to writing and signed by, or on behalf of, the Parties.
Any provision of this Agreement which is, or becomes, unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, only to the extent that it is so unenforceable, be treated as pro non scripto (as if it has not been written) and the other provisions of this Agreement shall remain in full force and effect.