Terms and Conditions

Please take special note of clauses 3.3, 5.3, 5.5, 6, 7.3, 7.4, 9 to 13, 14.2, 14.3, 14.4, 16.3, 17.2, 17.3, 17.5 and 18.8 because they:

 

(a)              contain statements in which you acknowledge certain facts; and/or

 

(b)              are clauses in which you provide certain consents; and/or

 

(c)              limit and exclude obligations, liabilities and legal responsibilities that Waltons may ordinarily owe to you; and/or

 

(d)              limit and exclude your rights and remedies and place risks, liabilities, obligations and responsibilities on you.

 

1.           DEFINITIONS

 

For purposes of these terms and conditions:

 

1.1.          “business day” means any day which is not a Saturday, Sunday or official public holiday in South Africa;

 

1.2.          “consignee” means the receiver of the goods or parcel;

 

1.3.          “fee/s” means the fee/s payable by you for the service;  

 

1.4.          “goods” means the item/s being couriered and “parcel” shall have the same meaning;

 

1.5.          “personal information” and “processing” shall have the meanings assigned to them in the Protection of Personal Information Act, 4 of 2013;  

 

1.6.          “sender” means you, the person for whom the services are being performed;

 

1.7.          “service/s” means the courier services offered by Waltons;

 

1.8.          “store” means any Waltons retail store;

 

1.9.          “Waltons” means Bidvest Waltons, a division of Bidvest Office (Pty) Ltd (Reg. No. 1997/010942/07);

 

1.10.      “you” / “your” / “yourself” means you, the sender.

 

2.           TERMS AND CONDITIONS

 

2.1.          Notwithstanding anything to the contrary contained in any shipping label or other documentation pertaining to the services and/or any discussions to the contrary, the services and any advice or information given by Waltons in relation to the services will at all times be subject to these terms and conditions.

 

2.2.          In the event of any terms and conditions relating to the services being contained on any shipping label or other documentation pertaining to the services, these terms and conditions shall take precedence over any terms and conditions contained on any shipping label or other documentation pertaining to the services.

 

2.3.          Waltons may from time to time amend these terms and conditions. Any amendments to the terms and conditions will be effective immediately upon the publication of the amended terms and conditions on Waltons’ website and will apply with immediate effect to all services rendered by Waltons following the publication of the amended terms and conditions on its website. It is your responsibility to familiarise yourself with the terms and conditions when utilising the service.

 

3.            THE SERVICES

 

3.1.          Subject to these terms and conditions, goods may be couriered from any store to another store or any other physical address nominated by you for delivery the following day, or if the following day is not a business day, the next business day (“next day delivery”), or within 3 to 5 business days (“standard delivery”). Next day delivery services are however offered only at selected stores and are available depending on the location from and to which the parcel is being sent and subject to the parcel being tendered to Waltons for delivery by 12h00 the day prior. Standard delivery services are offered at all stores nationwide.  

 

3.2.          You and the consignee will each receive a tracking link which will allow both you and the consignee to track the parcel’s delivery status. You will also receive delivery event updates via WhatsApp. 

 

3.3.          Waltons shall use its best endeavours to deliver the goods in accordance with its advertised services and to ensure that any parcel reaches its destination within the time parameters applicable to the delivery service chosen by you, but it does not guarantee that it will be able to do so, nor does it guarantee the availability of any service. Any delivery time conveyed to you by Waltons shall be an estimation only.  Waltons will not be liable for any delay in the delivery of any parcel irrespective of the cause of the delay.

 

3.4.          The fee is payable at the store from which the parcel is being sent, at the time of you booking the service, and must be paid in full prior to the services being rendered by Waltons unless you have an account with Waltons, and the services are rendered on account, in which event:

 

3.4.1.       the services rendered on account shall be subject to the credit limit applicable to your account; and

 

3.4.2.       all fees will be payable in accordance with the payment terms applicable to your account, without deduction, set-off or withholding.

 

3.5.          Save as otherwise contemplated in these terms and conditions, any other amount/s which become due by you to Waltons in terms of these terms and conditions, will be payable by you to Waltons, on demand, without deduction, set-off or withholding.

 

3.6.          Waltons shall not be obliged to render the services or to comply with any of its obligations in these terms and conditions in the event of you being indebted to Waltons, in any amount and in respect of any cause whatsoever.

 

4.           QUOTATIONS

 

Any quotation provided by Waltons is subject to withdrawal or revision by Waltons at any time prior to your acceptance of the quotation. Only written quotations will be valid and once Waltons has been instructed to provide the services that are the subject of any quotation, you will be deemed to have accepted that quotation.

 

5.           DELIVERY / COLLECTION OF THE GOODS

 

5.1.          Goods cannot be delivered to postal addresses, and you will be required to nominate a store or other physical address to which the goods are to be delivered.

 

5.2.          You will be required to provide Waltons with all information necessary and as may be required by Waltons, in its sole discretion, in order for it to provide the services, and you hereby undertake to do so on request.

 

5.3.          Waltons shall use its best efforts to deliver the goods to the address nominated by you although not necessarily to the consignee in person. Should the consignee refuse to accept delivery of the goods or should Waltons be unable to locate the consignee for any reason whatsoever or should Waltons be unable to deliver the goods for any other reason whatsoever:

 

5.3.1.         the parcel will be returned to the store from which it was originally sent;  

 

5.3.2.         you will be notified of the return of the parcel; 

 

5.3.3.         should you then fail to collect the parcel within 14 days of its return, you or the owner of the goods shall be deemed to have abandoned and relinquished ownership of the goods and Waltons shall be entitled to, in its sole discretion, donate, sell, store, destroy or otherwise dispose of the parcel; and

 

5.3.4.         you will be liable for the costs of the return of the parcel and any costs associated with the donation, sale, storage, destruction or disposal of the parcel and Waltons may apply any proceeds acquired by the disposal of the parcel (after the deduction of expenses incurred by Waltons) towards any such costs.

 

5.4.          In the event that Waltons is instructed to redeliver the goods to the consignee, the goods will be redelivered at your expense, and unless you hold an account with Waltons:

 

5.4.1.       the fee for redelivery of the goods, together with any costs that might have been incurred by the return of the goods due to non-delivery, will be payable by you at the store from which the goods were sent, upfront and on demand; and

 

5.4.2.       only upon payment of the fee for redelivery and any costs that might have been incurred in the return of the goods to the store from which they were sent, will Waltons redeliver the goods.

 

5.5.          In the event of the goods being delivered to a store for collection by the consignee, should the consignee fail to collect the goods within 14 days from the date of its delivery to the store, clauses 5.3.3 and 5.3.4 shall apply.

 

6.            PACKAGING

 

6.1.          In addition to the prohibitions in clause 7 below, it is your responsibility to ensure that the goods are safely and adequately packaged to withstand any damage (during transit or otherwise), the parcel is adequately, clearly and accurately marked, labelled, and addressed, and that the parcel is properly sealed in the courier bag that will be provided to you by Waltons when booking the delivery. You are also responsible for ensuring that your parcel is not overpacked and does not exceed any weight or size restrictions applicable to the delivery service chosen by you.

 

6.2.          Waltons will not be liable for any damages sustained and/or loss suffered by you, the consignee or any other person due to any damage to, or loss or deterioration of the goods as a result of any failure on your part to: 

 

6.2.1.       adequately  and safely package the goods; and/or

 

6.2.2.       properly seal the courier bag; and/or

 

6.2.3.       adequately, clearly and  accurately mark, label, or address the goods; and/or

 

6.2.4.       adhere to the weight and size restrictions applicable to any delivery service chosen by you.

 

7.            PROHIBITED ITEMS

 

7.1.          There are restrictions on the types of goods that can be couriered in respect of which Waltons does not offer the services (“prohibited items”).

 

7.2.          Prohibited items include, but are not limited to, aerosols, alcohol, antiques, arms and ammunitions, batteries, money or any form of currency, negotiable instruments in bearer form like bearer cheques/drafts, money orders, promissory notes, bearer bonds, bearer share certificates, stamps, open tickets, uncashed travellers’ cheques, credit cards, corrosive or combustible materials, counterfeit items, dangerous goods, live or deceased animals, human remains, body parts or ashes, drugs, engines, explosive materials (including fireworks and crackers), flammable materials, gasses (noxious or otherwise), guns, hazardous materials, illegal substances or goods, jewellery, liquids, oxidizing materials, paint, perishable goods, seeds, plants, flowers and plant derivatives, precious stones, pyrotechnics, radioactive materials, replica weapons, stolen goods, toxic materials, weapons (including swords, knives, axes), chainsaws, any items that have contained or do contain oil or petrol, blood samples or laboratory specimens, glass, mirrored items, crystal, ceramic, porcelain, plaster, marble, china, stone, slate, resin, granite and concrete goods or pottery, any household goods containing flammable or corrosive liquids (including oven and drain cleaners, perfume, aftershave, hairspray, nail varnish and remover, antiseptic wipes), electronic devices, mobile phones or sim cards, pornography, clinical or biological examples or specimens, or prescription medication, or any other goods or materials which by their nature, are or may become liable to cause injury or damage to any person, goods, property or the environment.

 

7.3.          You are not permitted to utilise the service in relation to any prohibited item or to put any prohibited item in the courier bag. Waltons reserves the right to retain and open any parcel and/or hand the parcel over to the relevant authorities, or immediately abandon the carriage of any parcel should it have a reasonable suspicion that any parcel contains a prohibited or illegal item and if necessary, to destroy or otherwise dispose of the contents without penalty or liability for any damages or losses sustained by you or any other person whatsoever in doing so, and without refunding the fee paid by you for the service. In addition to the aforegoing, you will be responsible and liable for (and Waltons shall be entitled to recover from you) all costs, fines, damages, losses (including loss of income), claims and/or legal costs which Waltons may incur as a result of your use of the services in relation to a prohibited item and your failure in this regard, to adhere to these terms and conditions.

 

7.4.          In the event of the services being used in relation to any prohibited item, you hereby indemnify Waltons and hold Waltons harmless against any claim of whatsoever nature (including that relating to the death or injury of any person) arising from your use of the services in relation to a prohibited item and your failure to adhere to these terms and conditions.

 

8.           RIGHT OF INSPECTION

 

Waltons shall be entitled to open and to inspect the goods at any time in its sole and reasonable discretion.

 

9.           WARRANTIES

 

You hereby warrant that:

 

9.1.          you are the owner of the goods alternatively; you have been authorised by the owner of the goods to deal with the goods and to send the goods utilising the services;

 

9.2.          you are of the age of 18 years and legally capable of entering into binding contracts;

 

9.3.          all information furnished by you to Waltons is complete and true and correct in every respect;

 

9.4.          the goods will be safely and adequately packaged, marked, labelled, and addressed, and comply with the packaging requirements stipulated in clause 6;

 

9.5.          the goods are not illegal, dangerous, hazardous or otherwise prohibited or restricted for transportation by any law;

 

9.6.          the goods are acceptable for any and all forms of transport;

 

9.7.          the goods do not constitute prohibited items as defined in these terms and conditions;

 

9.8.          the goods, and any packaging, markings or labels comply with all applicable laws;

 

9.9.          insofar as any permit, consent or approval to handle the goods is required by any law, such permit, consent or approval has been obtained prior to your use of the services; and

 

9.10.      you are not contravening any law/s applicable to the goods and/or in using the service.

 

10.        USE OF THIRD PARTIES, AGENTS AND SUB-CONTRACTORS

 

You acknowledge that Waltons employs the services of third parties, agents and sub-contractors as a means to provide the services to you and does so on such terms and conditions as stipulated by or negotiated with such third parties, agents and sub-contractors. In this regard, it is recorded that:

 

10.1.      Waltons shall bear no responsibility or liability for any act or omission on the part of any third parties, agents and sub-contractors (whether negligent or otherwise) contracted by Waltons as a means to provide the services to you; and 

 

10.2.      no third party, agent or sub-contractor shall have any liability whatsoever to you and any limitation of Waltons’ liability, exemption or indemnity provided to Waltons herein shall be extended to third parties, agents or sub-contractors contracted by Waltons, who shall be entitled to assert and to enforce any limitation of liability, exemption or indemnity against you in their own right, this clause 10.2 operating as a stipulatio alteri  in favour such third parties, agents and sub-contractors.

 

11.        INSURANCE

 

Waltons does not provide any insurance cover in relation to the goods, and it shall therefore be your responsibility to adequately insure the goods with your own reputable insurance company.

 

12.         LIMITATION OF LIABILITY

 

12.1.      You use the services at your own risk.

 

12.2.      To the maximum extent permitted by law, Waltons will not be liable to you or any person for any loss and/or damage of whatsoever nature arising from or as a result of:

 

12.2.1.     any loss or damage to the goods or deterioration of the goods whilst the goods are in transit or otherwise;

 

12.2.2.     the late, non-delivery or misdelivery of the goods;

 

12.2.3.     any latent defect, inherent vice or weakness in the goods or their packaging;

 

12.2.4.     any delay in the fulfilment of its obligations under these terms and conditions;

 

12.2.5.     incorrect instructions, information and/or documentation having been furnished to Waltons;

 

12.2.6.     any act, default or omission on your part or on the part of the consignee;

 

12.2.7.     the acts or omissions of any third party, agent or sub-contractor to whom the goods may be entrusted by Waltons; and

 

12.2.8.     any failure on your part to comply with these terms and conditions.  

 

12.3.      In addition to the aforegoing, Waltons shall under no circumstances be liable for consequential, indirect, delictual or special damages howsoever arising.

12.4.      If Waltons is, for any reason whatsoever, found to be liable by a court of law or other forum, Waltons’ liability for any damages and/or loss suffered shall be limited to the lesser of the actual replacement value or cost of reconstitution or reconstruction of the goods at the time of the goods being tendered to Waltons for delivery (without reference to its commercial utility or to other items of consequential loss) or R1000 per consignment of goods.

 

13.        INDEMNITY

 

Notwithstanding anything to the contrary contained in these terms and conditions, you hereby indemnify and hold Waltons harmless against any claim of whatsoever nature by any person arising from:

 

13.1.      any breach of any warranty or undertaking given by you herein;

 

13.2.      any incorrect instructions, information and/or documentation provided by you;

 

13.3.      unauthorised use of the services or use of the services in relation to any prohibited items;

 

13.4.      any act, default or omission on your part or on the part of the consignee;

 

13.5.      any act, default or omission on the part of any third party, agent or sub-contractor used by Waltons; or

 

13.6.      any breach by you of these terms and conditions.

 

14.        LIEN

 

14.1.      The goods which come into the possession of or under control of Waltons shall be subject to a lien and pledge for any monies due to Waltons or any other indebtedness to Waltons from whatever cause. Although you may hold an account with Waltons, Waltons may at any time, in its sole discretion, retain possession of any goods pending the discharge of your indebtedness to Waltons.

 

14.2.       If any monies due to Waltons are not paid in full within 7 days of written notice having been given to you requiring payment, Waltons shall be entitled to, without prejudice to any other rights it may have in law, open and examine the goods, to sell the whole or part of the goods in such manner and on such conditions as it deems fit, and apply the proceeds (after the deduction of expenses incurred by Waltons in realising the goods) towards any indebtedness owing by you to Waltons. Any surplus in the proceeds of the sale will be paid over to you (without interest) after the sale if the necessary information is held by Waltons in order for it to do so alternatively, within 90 days of your demand. 

 

14.3.      In the event of Waltons exercising its lien, it shall be entitled to store the goods at any place, at your expense, for the period for which its lien is exercised.

 

14.4.       Waltons shall not be liable for any loss of, damage to or deterioration of the goods from any cause whatsoever in exercising its rights under this clause 14.

 

15.        FORCE MAJEURE

 

15.1.      Waltons shall not be liable or responsible, nor be deemed to have defaulted under or breached these terms and conditions, for any failure or delay in fulfilling or performing the services when and to the extent that such failure or delay is caused by or results from acts beyond Waltons’ control including, without limitation, acts of God; flood, fire, earthquake or explosion; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; government order or law; actions, embargoes or blockades in effect at the time of such failure or delay; action by any governmental authority; national or regional emergency; strikes, labour stoppages or slowdowns or other industrial disturbances; epidemic, pandemic or similar influenza or bacterial infection; emergency state; shortage of adequate medical supplies and equipment; shortage of power or transportation facilities; and hijackings, or other similar events beyond  Waltons’ reasonable control (“force majeure event”).

 

15.2.      Waltons will be temporarily relieved from fulfilling its obligations and performing the services for so long as the force majeure event persists.

 

16.        RIGHT TO REFUSE, SUSPEND OR DELAY

 

16.1.      Waltons reserves the right to refuse to render or to suspend the rendering of the services if:

 

16.1.1.     you are under the age of 18 and have sought to use the services without the assistance or consent of a parent or guardian;

 

16.1.2.     you are indebted to Waltons in any amount;

 

16.1.3.     Waltons, in its sole discretion determines, or reasonably believes that you have violated any law/s or that you do not or have not complied with these terms and conditions.

 

16.2.      Waltons shall also be entitled to delay the delivery of the goods if Waltons, in its sole discretion, considers it necessary for the safety of the goods and/or for any other reason whatsoever.

 

16.3.      Waltons shall not be liable for any loss of, damage to or deterioration of the goods from whatever cause in the exercise of its rights under this clause 16.

 

17.        PERSONAL INFORMATION

 

17.1.      Waltons will process all personal information provided to it by you in accordance with its data protection policy which is available on the Waltons website and can be accessed at https://www.waltons.co.za/access-to-information.

 

17.2.      In making use of the services:

 

17.2.1.     you consent to:

 

17.2.1.1.    the processing of your personal information by Waltons including, your name, cellphone number, identity number and other personal information necessary for purposes of rendering the services to you and in order for Waltons to comply with any legal and regulatory obligations;

 

17.2.1.2.    the sharing of your personal information with third parties, agents and sub-contractors contracted by Waltons as a means for it to render the services to you, and the processing of your personal information by such third parties, agents and sub-contractors; 

 

17.2.1.3.    the sharing of your personal information to carry out or comply with any legitimate business obligation Waltons may have or for purposes of performing its business on a day-to-day basis

 

17.2.1.4.    the retention of your personal information for so long as is necessary; and

 

17.2.1.5.    the use of your personal information to send you information about Waltons’ products, services, and special offers;

 

17.2.2.     you acknowledge that the processing of your personal information is both necessary and legally required in order for Waltons to render the services to you, and that you have been notified of the reasons for the processing of your personal information insofar as it relates to the services and Waltons’ obligations herein; and  

 

17.2.3.  you undertake to:

 

17.2.3.1.    make available to Waltons, all personal information necessary to enable it to render the services to you;

 

17.2.3.2.    to ensure that all personal information provided to Waltons is true and correct, not misleading and up to date; and

 

17.2.3.3.    to keep Waltons informed of any changes to your personal information.

 

17.3.      You further warrant that you have adhered to all applicable data protection laws and that you have obtained all the necessary consents to the processing by Waltons of any personal information provided to Waltons by you, such as that belonging to the consignee, and which is required by Waltons in providing the services.

 

17.4.      You have the right inter alia to:

 

17.4.1.     request access to your personal information;

 

17.4.2.     request that your personal information be updated or rectified where it is inaccurate, incomplete or out of date;

 

17.4.3.     request the erasure of your personal information if, for example, it is no longer necessary for Waltons to hold that personal information with respect to the purpose for which it was initially collected;

 

17.4.4.     object to and/or restrict the processing of your personal information where you believe for example,  that the personal information is inaccurate or is no longer necessary in relation to the purpose for which it was collected;

 

17.4.5.     to withdraw your consent to the processing of your personal information.

 

17.5.      You however acknowledge that any objection to or restriction of the processing of your personal information or the withdrawal of your consent to the processing of your personal information may result in Waltons being unable to render the services to you.

 

17.6.      Should you wish to exercise any of the rights in relation to the processing of your personal information or have any queries in relation to the processing of your personal information, you can contact Waltons at rcurrin@waltons.co.za.

 

18.        GENERAL

 

18.1.      For purposes of these terms and conditions:

 

18.1.1.  any reference to:

 

18.1.1.1.    a clause is a reference to a clause of these terms and conditions;

 

18.1.1.2.    law shall be construed as being any law including common law, statute, constitution, decree, judgment, treaty, regulation, directive, by-law, order or any other measure of any government, local government, statutory or regulatory body or court having the force of law;

 

18.1.1.3.    a person shall be construed as being a reference to any natural or juristic person, firm, company, corporation, government, state, agency or organ of state, association, trust or partnership (whether having separate legal personality or not); and

 

18.1.2.     any number of days prescribed herein shall exclude the first day and include the last day.

 

18.2.      These terms and conditions constitute the whole agreement between you and Waltons in relation to the services and neither you nor Waltons will be bound by any other agreements, representations or warranties other than those set out in these terms and conditions.  

 

18.3.      Should any provision herein be declared to be illegal, invalid or unenforceable, such provision shall be ineffective to the extent of such illegality, invalidity or unenforceability and shall be severed from the balance of the provisions herein, without invalidating the remaining provisions of these terms and conditions or affecting the validity or enforceability of any other provision.

 

18.4.      Any certificate issued by Waltons recording the amount due, owing and payable by you to Waltons as at the date of such certificate, shall for all and any purpose whatsoever, be prima facie evidence of the facts and amounts therein stated and shall be binding on you.

 

18.5.      You will be liable for all costs incurred by Waltons in the recovery of any amounts or the enforcement of any rights which it has in terms of these terms and conditions, including collection charges and costs on an attorney and client scale and costs of counsel as on brief, whether incurred prior to or during the institution of legal proceedings or if judgment has been granted in connection with the satisfaction or enforcement of such judgment.

 

18.6.      For the purpose of any action arising from these terms and conditions, you hereby consent to the jurisdiction of the Magistrate’s Court notwithstanding the fact that such proceedings may otherwise be beyond its jurisdiction. This clause shall however not preclude Waltons from instituting action against you in any other competent court with requisite jurisdiction.

 

18.7.      No relaxation of these terms and conditions or indulgence given by Waltons shall in any way prejudice Waltons’ rights herein nor shall they be deemed to be a waiver of Waltons’ rights herein.

 

18.8.      Waltons reserves the right to cede, assign or transfer any rights and/or obligations arising from these terms and conditions to any third party, at its sole discretion and without prior notice to you. In making use of the services, you hereby irrevocably and unconditionally consent to any such cession, assignment or transfer by Waltons and agree that Waltons is entitled to cede and/or delegate any of its rights and/or obligations under these terms and conditions to any third party without the consent of and/or notice to you.

 

18.9.      The sender shall be bound by the signature of any of its employees, servants and agents on any shipping label or other documentation relating to the services.

 

These terms and conditions shall be governed by the laws of the Republic of South Africa.