1. Scope and Entire Agreement
These terms and conditions with apply to the purchase of the goods detailed in our quotation (Goods) between the buyer (You) – hereinafter – referred to as customer – and the company Balbachdamast South Africa, represented by the owners Andrew Bell and Anthony Topham – referred to below as “the company”, “we” or “us”.
These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation (together, the Contract) or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
These terms and conditions can be printed at will or saved in a reproducible form. Furthermore, they are stored by the company and are for each customer under the following URL https://www.balbachdamast.co.za/general-terms-&-conditions. Our offers are non-binding, errors, and misprints reserved.
a) Offers and representations of products (Goods) on the website www.balbachdasmast.co.za, www.instagram.com or www.facebook.com or Whatsapp and their subpages are not binding and are intended as a guide only. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us.
b) The contract is concluded with the confirmation of the customer’s order by the company, at the latest upon delivery of the product. The company sends the customer an electronic confirmation / Preliminary settlement on access of the customer order. Any increase in the Price under the clause below, will only take place after we notify you of such a change.
c) The price (Price) of the Goods is set out in our quotation, current at the date of your order or such other price as we may agree in writing.
d) Errors and mistakes on our part is expressly reserved.
e) Generally the buyer is responsible for all eventual fees in full. Should the cost of the Goods to us increase due to any factor beyond our control, including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
f) images can be similar to the final product. The damascus patterning is never the same because it is processed by hand and the visual result is dependant on your processing of the material.
g) Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
3. Return Policy
The customer is entitled to return the product obtained without giving reasons within 14 days / two weeks. The period begins with receipt of the product and this instruction. The customer may request in text form, for example, by whatsapp or e-mail to explain they reasons for the return.
The return notice must be sent to:
In any case, the return of the goods is at the expense and risk of the sender / customer / you. Ensure that our products are insured with a rescission of the contract and during the return journey, you will send the goods by tracked parcel and not as a package or letter.
The return address will be confirmed with you in writing, following our acceptance that those Goods are defective and if required, have carried out an inspection. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
We will be under no liability or further obligation to the Goods, if:
- if fail to provide notices as set out above; and/or
- you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
- the defect arises because you did not follow our oral or written instructions about the storage, use, processing of the Goods; and/or
- the defect arises from normal wear and tear of the Goods; and/or
- the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
a) a product proves to be defective, the customer may demand subsequent performance at his discretion to remedy the defect or delivery of conforming goods. The Company may refuse the chosen type of fulfilment if that is only achievable with unreasonable costs.
b) If a rectification by the Company fails twice, the company refuses both kinds of remedy or provides the Company within the time limit set by the customer both kinds of cure, so the customer has at his discretion, the right to withdraw or reduce the purchase price, possibly as an alternative a compensation or indemnity.
c) are excluded from the warranty damages due to natural wear, improper use and lack of or improper maintenance. This is particularly to be noted that the products offered by the company no mass or factory goods, but handmade work, usually often are unique.
e) With the discovery of defects, the customer can directly contact the company within 14 days of delivery.
a) All notices under these Terms and Conditions must be in writing.
b) Notices will be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- All notices under these terms and Conditions must be address to the most recent address, email address notified to the other party.
6. Terms of payment
a) The price of the product ordered by the customer is due within 1 day of the date of your invoice or otherwise according to any credit terms agreed between us, in writing.
b) You must make payment, in full (in cash or cleared funds), even if delivery has not have take place and / or that the title in the Goods has not passed to you.
c) the price referred to in clause 7 a) also includes the cost of packaging / insurance and shipping, as well as additional costs incurred by the type of payment.
d) The customer is not entitled to withhold payments due to counter claims or to offset counterclaims, unless the counterclaims are undisputed or legally binding.
e) costs that are causally related to the payment in connection with the purchase price payment are to be borne by the customer.
f) invoices are payable within 1 day.
7. Delivery and reservation of title
a) We will arrange for the delivery of the Goods to the address specified in the quotation, or your order to another location we agree in writing.
b) If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights;
- store or arrange the storage of the Goods at your cost.
- make arrangements for the redelivery of the Goods and will charge you for the cost of such redelivery; and / or
- after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
c) You are able to collect the Goods from us, subject to agreement in writing.
d) Force majeure entitles the company to postpone the delivery for the duration of the disability. If the company’s delivery becomes permanently, but at least for a period of three months, impossible, it will be released from its delivery obligations. Under the concept of force majeure shall include all circumstances, which is not responsible for the company and by the company’s supply of the goods is rendered impossible or unreasonably difficult, such as lawful strike or lawful lockout, war, import and export bans, energy and raw material shortages and companies can not be held, late deliveries.
e) The risk in the Goods will pass to you on completion of delivery or collection.
f) Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
g) As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
a) Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
b) We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
- any indirect, special or consequential loss, damage, costs, or expenses; and/or
- any loss of profits; loss of anticipated profits; loss of business; loss od data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
- any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
- any loss relating to the choice of the Goods and how they will meet your purpose or the use by your of the Goods supplied.
c) Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
d) If we do not deliver the Goods, our liability is limited, subject to the clause above, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
d) The exclusions of liability contained with this clause will not excluded or limit our liability for death or personal injury caused by our negligence; of for any matter for which it would be illegal for us to exclude or limit our liability; for fraud or fraudulent misrepresentation.
e) Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service providers failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
8. No Waiver
No waiver by us of any breach of these terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
10. Law and Jurisdiction
These Terms and Conditions are governed by and interpreted according to South African law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the South African courts and legal systems.