General Terms and Conditions

 

APEX DISTRIBUTORS SA CC t/a Vorwerk Kobold South Africa Head Office situated in Randburg, Gauteng will guarantee all Vorwerk Kobold Upright Vacuum Cleaner Sets supplied for a period of FIVE (5) years from the date of purchase of the goods, and TWO (2) years on all Battery Operated unit products from the date of purchase of the goods, subject to the following conditions:

(a) The product has been used and utilized for the purposes so indicated in the instruction booklet provided.

(b) The product has been maintained in accordance with the Care and Maintenance Instructions provided and as specifically illustrated in the product instruction manual (NB the instruction manual of all and any products must be read before any operation and/or replacing any unit of the product.

(c) The product has not been subject to misuse, physical abuse or neglect AND/OR did the client make use of any generic product of whichever nature.

(d) Manufacturing standards and tolerances are not deemed defects, nor are industry variations in the colour of the surface finish.

(e) APEX DISTRIBUTORS SA CC t/a Vorwerk Kobold South Africa Head Office assumes no liability for:

(I) Damage caused by cleaning solvents or brick cleaning acids or unapproved cleaning products not recommended by APEX DISTRIBUTORS SA CC t/a Vorwerk Kobold South Africa Head Office and/or as referred to in the instruction manual.

(ii) In the event of the client using and/or making use of parts which is not genuine parts. This includes generic parts and/or any other parts not approved by the Company in writing.

(iii) The dust filter is not replaced with a new filter bag when indicated by the vacuum cleaner.

(iv) When the dust filter is inserted incorrectly as indicated on the instructions contained in the booklet and dust is collected inside the vacuum cleaner.

(v) When the dust filter is emptied and re-used in the vacuum cleaner (NB the dust filter is only to be used once).

(vi) When the vacuum cleaner is used to vacuum water and/or any other fluid of whatsoever nature.

(vii) Electrical damage due to lightning strikes, electrical storms and/or defective energy supplies to the vacuum cleaner.

(viii) Unless all claims are received in writing within 30 days of the defect becoming apparent.

(ix) For any further direct, incidental, special, consequential or third party claims for loss, damage or expenses, subject to any overriding law (statutory or otherwise) to the contrary.

(x) For any representation, statement or information made by or on behalf of APEX DISTRIBUTORS CC t/a Vorwerk Kobold South Africa Head Office whether made prior to or after the giving of this Warranty, and its liability shall be solely derived from the terms of this Warranty, subject to any overriding law (statutory or otherwise) to the contrary.

SCOPE OF VALIDITY, CONTRACTUAL PARTNERS AND SUBJECT MATTER OF THE CONTRACT

These general terms and conditions apply to all contracts that you conclude with us, Vorwerk SA Limited, via our online shop. In our online shop, we offer you household items and accessories. Our offer is exclusively for consumers. Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.

TERMS OF DELIVERY, RESERVED RIGHT TO MAKE PARTIAL DELIVERIES

In the ordering process, you are responsible for ensuring that your information is accurate, complete and up to date. We deliver only within South Africa, customers who would like delivery to take place outside the areas mentioned above may contact Vorwerk SA.

DAMAGE DURING DELIVERY

If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

LIABILITY

We shall, in any case, be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

-for injury to life, limb or health

-for deliberately or grossly negligent breach of duty

-for guarantee commitments, where agreed

-insofar as the scope of application of the Consumer Rights Act 2015 is open

-in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.

Ceteris paribus, claims for compensation for damages are excluded.


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