Except as otherwise agreed in writing, all online purchases and transactions for the supply of the Products by S.Bacher & Co. (Pty) Limited on behalf of Tomato Watches shall be subject to these standard terms and conditions of sale, including the Policies (collectively, the “Terms and Conditions”), as well as the Tomato Watches Website Terms and Conditions. These terms and conditions will be subject to the CPA and the National Credit Act, to the extent that they are applicable to the supply of any Products by S.Bacher & Co.
Terms and conditions
1) DEFINITIONS
1. “Affiliate” means any person, firm or corporation which is a subsidiary, or a holding company or a subsidiary of the holding company of Tomato Watches or the successor to Tomato Watches by a merger or by a transfer of a substantial amount of Tomato Watches ‘s assets;
2. “CPA” shall mean the Consumer Protection Act 68 of 2008;
3. “Credit Act” shall mean the National Credit Act 34 of 2005;
4. “Customer” shall mean the person, natural or otherwise, who purchases the Products or Gift Voucher from Tomato Watches under these Terms and Conditions and shall include any ultimate end user of the Products;
5. “Tomato Watches“ shall mean S.Bacher & Co (Pty) Ltd on behalf of Tomato Watches, all Affiliates and all trading divisions and outlets thereof;
6. “On-Line Portal” means purchases made though the online sales platform currently available at www.tomatowatch.com;
7. “Policies” means the various Tomato Watches policies which form part of these Terms and Conditions and which may be updated from time to time;
8. “Product’s” shall mean all products presently being sold or supplied online by Tomato Watches by way of the On-Line Portal;
9. “Returns” means any return of any Product whether it be for an exchange or a refund, and irrespective of the reason for the return;
2. “CPA” shall mean the Consumer Protection Act 68 of 2008;
3. “Credit Act” shall mean the National Credit Act 34 of 2005;
4. “Customer” shall mean the person, natural or otherwise, who purchases the Products or Gift Voucher from Tomato Watches under these Terms and Conditions and shall include any ultimate end user of the Products;
5. “Tomato Watches“ shall mean S.Bacher & Co (Pty) Ltd on behalf of Tomato Watches, all Affiliates and all trading divisions and outlets thereof;
6. “On-Line Portal” means purchases made though the online sales platform currently available at www.tomatowatch.com;
7. “Policies” means the various Tomato Watches policies which form part of these Terms and Conditions and which may be updated from time to time;
8. “Product’s” shall mean all products presently being sold or supplied online by Tomato Watches by way of the On-Line Portal;
9. “Returns” means any return of any Product whether it be for an exchange or a refund, and irrespective of the reason for the return;
2) PURCHASE
10. The Customer shall be bound by these Terms and Conditions in all transactions relating to the purchase of Products using Tomato Watches’s On-Line Portal.
3) ORDERS
11. Tomato Watches reserves the right at all times to reasonably decline any order and/or to suspend delivery and/or to decline to supply the Products to the Customer.
4) DELIVERY
12. Subject to the CPA, and although Tomato Watches will endeavour to deliver the Products according to the Customer’s requirements, Tomato Watches will not be bound to such delivery requirements of the Customer and accordingly Tomato Watches shall not be liable in any manner whatsoever for a failure or delay in delivery of Products.
13. Tomato Watches shall at its discretion be entitled to effect and invoice for part deliveries.
14. This clause shall be read together with the terms set out in the Delivery Policy.
13. Tomato Watches shall at its discretion be entitled to effect and invoice for part deliveries.
14. This clause shall be read together with the terms set out in the Delivery Policy.
5) OWNERSHIP
15. Irrespective of the type of transaction, Tomato Watches hereby reserves its rights to ownership of the Products until fully paid for by the Customer.
6) RISK
16. On delivery of the Products to the Customer, the risk in and to the Products shall pass to the Customer notwithstanding that ownership in the Products remains vested in Tomato Watches until full payment has been received by us.
7) RETURNS AND REFUNDS
17. Tomato Watches agrees to returns and exchanges of Products, provided that the following provisions shall be applicable, as well as those set out in the Delivery Policy and Returns Policy:
1. In instances where the services via the courier are used to facilitate the return of Products, the Customer shall be fully responsible for payment of any fees or expenses for such returned Products except in the case where products are damaged or faulty through no fault of the customer.
2. The Customer shall not be refunded for any delivery cost under any circumstances;
3. Any refund or credit will only take place once Tomato Watches has received and processed the return of the Products;
4. Tomato Watches shall have the discretion to refund the Customer by crediting the relevant Customer’s online account.
2. The Customer shall not be refunded for any delivery cost under any circumstances;
3. Any refund or credit will only take place once Tomato Watches has received and processed the return of the Products;
4. Tomato Watches shall have the discretion to refund the Customer by crediting the relevant Customer’s online account.
8) WARRANTY
18. Tomato Watches shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products.
19. The Products supplied by Tomato Watches shall be suitable only for the purpose designed and intended and the Customer shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the directions for use given by Tomato Watches.
20. No action or claim of whatever nature shall lie against Tomato Watches arising out of or in connection with any defects in, or unsuitability of, any Products.
19. The Products supplied by Tomato Watches shall be suitable only for the purpose designed and intended and the Customer shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the directions for use given by Tomato Watches.
20. No action or claim of whatever nature shall lie against Tomato Watches arising out of or in connection with any defects in, or unsuitability of, any Products.
9) INDEMNITY
21. Without derogating from the generality of any of the provisions hereof, Tomato Watches and its Affiliates shall not at any time be liable for any claims of whatsoever nature and howsoever arising for any direct, indirect or consequential loss or damage which may be sustained by the Customer in connection with the use of the Products and the Customer hereby indemnifies and agrees to defend and hold harmless Tomato Watches and its Affiliates against all such claims.
10) CONFIDENTIAL INFORMATION
22. Tomato Watches and the Customer agree to keep any confidential information that they receive from one another confidential by using the same degree of care that they would use to protect their own confidential information. Tomato Watches will not disclose the Customer’s confidential information to anyone else, unless the Customer gives its consent to Tomato Watches to do so. The Customer must do the same with the confidential information about Tomato Watches. Tomato Watches can, however, disclose the Customer’s confidential information to Tomato Watches’s employees, professional advisors and contractors who need to know and use the information in order to perform their obligations in terms of these Terms and Conditions.
23. Tomato Watches shall further abide by its Privacy Policy, as set out in the Tomato Watches Website Terms and Conditions, in relation to the processing of any confidential or personal information of Customer’s which is carried out by Tomato Watches.
23. Tomato Watches shall further abide by its Privacy Policy, as set out in the Tomato Watches Website Terms and Conditions, in relation to the processing of any confidential or personal information of Customer’s which is carried out by Tomato Watches.
11) APPLICABLE LAW
24. These Terms and Conditions, and all transactions relating to the purchase of Products using the Tomato Watches On-Line Portal shall be governed in all respects by, and shall be construed and interpreted according to the laws of the Republic of South Africa.
25. Subject to the CPA, the Customer also agrees and consents in terms of Section 45 of the Magistrate’s Court Act (“the MCA”) to the jurisdiction of a Magistrate’s Court having jurisdiction in respect of the Customer or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by Tomato Watches in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate’s Court, provided that Tomato Watches may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the South Gauteng Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by Tomato Watches in the event of Tomato Watches exercising its rights in terms hereof.
26. Address for service of legal process: The Customer chooses its domicilium citandi et executandi at the shipping or delivery address as reflected in the invoice for the Products, failing which, any other physical address of the Customer.
25. Subject to the CPA, the Customer also agrees and consents in terms of Section 45 of the Magistrate’s Court Act (“the MCA”) to the jurisdiction of a Magistrate’s Court having jurisdiction in respect of the Customer or the claim in terms of Section 28 of the MCA in respect of any proceedings or claims or action being instituted against the Customer by Tomato Watches in terms hereof or otherwise, notwithstanding that the amount of such claim may exceed the jurisdiction of such Magistrate’s Court, provided that Tomato Watches may in its discretion be entitled to bring such proceedings in any other court of competent jurisdiction, the Customer agreeing and submitting itself to the jurisdiction of the South Gauteng Division of the High Court of South Africa or any other division of the High Court of South Africa chosen by Tomato Watches in the event of Tomato Watches exercising its rights in terms hereof.
26. Address for service of legal process: The Customer chooses its domicilium citandi et executandi at the shipping or delivery address as reflected in the invoice for the Products, failing which, any other physical address of the Customer.
12) DELIVERY POLICY
27. This Delivery Policy forms part of and should be read together with the Terms and Conditions. Please note that in certain circumstances a delivery option may not be available to a Customer due to factors beyond the reasonable control of Tomato Watches.
28. Delivery methods for deliveries from Tomato Watches will include delivery by Courier to the Customer’s chosen delivery address. *Only within South African Borders.
29. When effecting delivery at the customer’s premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the courier representative making delivery.
30. Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee of the Customer, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery.
31. If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer’s agent for purposes of these Terms and Conditions.
32. In the event that the Products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse Tomato Watches’s copy of the delivery note detailing the damage or defects to the Products and the Customer shall within seven (7) days of such delivery notify Tomato Watches of such damage or defects in the Products delivered, following which the Returns Policy shall be followed.
33. On compliance by the Customer with the requirements of this Delivery Policy, and provided Tomato Watches agrees with the information supplied by the Customer, Tomato Watches will or may apply for a credit, subject to the provisions of the Returns Policy.
34. Subject to the CPA, and notwithstanding the provisions of this Delivery Policy, Tomato Watches shall not be liable to the Customer for any loss or damage occasioned by reason of the circumstances set out above.
35. The order will take around 1 – 2 working days to process and 3 to 5 working days to be delivered to the chosen delivery address (*Only within South African Borders). The order can be tracked by contacting our Customer Care on +27 11 372 6000
36. Although reasonable care shall be taken, Tomato Watches accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person at the delivery address, accepts delivery of the order and Products.
37. For purposes of this clause, “Tomato Watches” shall include any Affiliate, agent or independent contractor who may effect delivery on behalf of Tomato Watches, which shall also include the South African Postal Office service or a courier service provider.
28. Delivery methods for deliveries from Tomato Watches will include delivery by Courier to the Customer’s chosen delivery address. *Only within South African Borders.
29. When effecting delivery at the customer’s premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving, unloading and checking the Products in the presence of the courier representative making delivery.
30. Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorised representative or employee of the Customer, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery.
31. If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer’s agent for purposes of these Terms and Conditions.
32. In the event that the Products are delivered in a damaged or defective state, the Customer shall forthwith upon delivery endorse Tomato Watches’s copy of the delivery note detailing the damage or defects to the Products and the Customer shall within seven (7) days of such delivery notify Tomato Watches of such damage or defects in the Products delivered, following which the Returns Policy shall be followed.
33. On compliance by the Customer with the requirements of this Delivery Policy, and provided Tomato Watches agrees with the information supplied by the Customer, Tomato Watches will or may apply for a credit, subject to the provisions of the Returns Policy.
34. Subject to the CPA, and notwithstanding the provisions of this Delivery Policy, Tomato Watches shall not be liable to the Customer for any loss or damage occasioned by reason of the circumstances set out above.
35. The order will take around 1 – 2 working days to process and 3 to 5 working days to be delivered to the chosen delivery address (*Only within South African Borders). The order can be tracked by contacting our Customer Care on +27 11 372 6000
36. Although reasonable care shall be taken, Tomato Watches accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorised person at the delivery address, accepts delivery of the order and Products.
37. For purposes of this clause, “Tomato Watches” shall include any Affiliate, agent or independent contractor who may effect delivery on behalf of Tomato Watches, which shall also include the South African Postal Office service or a courier service provider.
13) RETURNS AND REFUNDS POLICY FOR ITEMS PURCHASED ON TOMATOWATCHES.COM
38. This Returns Policy forms part of and should be read together with the Terms and Conditions and includes the Tomato Watches general in store returns and refunds policies. Please note that in certain circumstances a returns option may not be available to a Customer due to factors beyond the reasonable control of Tomato Watches.
39. Product returned for refunds and exchanges must be returned to Tomato Watches at S.Bacher & Co 5-7 Ayrshire Avenue, Longmeadow, Modderfontein, 1645. They may not be exchanged or refunded at any other independent stockist or retail outlet.
40. Courier return: when returning Products via Courier, the Customer must first register a return on the Tomato Watches on line system. A reference number and a return address will be issued to the Customer. The Customer must then insert the Products being returned, into appropriate packaging and this will be collected by the Courier in accordance with the instructions received from Tomato Watches. The courier charge will be deducted from the return credit.
41. Customer will be refunded to the original source of payment used during the checkout system.
42. Tomato Watches does not accept any responsibility if an employee or representative at the Customer’s chosen address accepts delivery of the Products and is not authorised to do so, or does so under false or fraudulent circumstances.
43. In the event of 3 (three) failed attempts to deliver the order of Products to the Customer at the chosen delivery address, the Products shall be returned to Tomato Watches and the sale shall be reversed. The costs of the delivery/s and return of the Products shall be deducted from the credit due to the Customer.
39. Product returned for refunds and exchanges must be returned to Tomato Watches at S.Bacher & Co 5-7 Ayrshire Avenue, Longmeadow, Modderfontein, 1645. They may not be exchanged or refunded at any other independent stockist or retail outlet.
40. Courier return: when returning Products via Courier, the Customer must first register a return on the Tomato Watches on line system. A reference number and a return address will be issued to the Customer. The Customer must then insert the Products being returned, into appropriate packaging and this will be collected by the Courier in accordance with the instructions received from Tomato Watches. The courier charge will be deducted from the return credit.
41. Customer will be refunded to the original source of payment used during the checkout system.
42. Tomato Watches does not accept any responsibility if an employee or representative at the Customer’s chosen address accepts delivery of the Products and is not authorised to do so, or does so under false or fraudulent circumstances.
43. In the event of 3 (three) failed attempts to deliver the order of Products to the Customer at the chosen delivery address, the Products shall be returned to Tomato Watches and the sale shall be reversed. The costs of the delivery/s and return of the Products shall be deducted from the credit due to the Customer.
14) PAYMENT POLICY
44. This Payment Policy forms part of and should be read together with the Terms and Conditions, and is subject at all times to Tomato Watches’s agreements with its bankers and the outsourced financial transactions service provider.
45. There are different payment options including payment by way of a credit, cheque or debit.
46. Tomato Watches prescribes to high security and encryption standards allowing all customers to shop with peace of mind. It is to be noted that it is the strict policy of Tomato Watches and Tomato Watches takes all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.
45. There are different payment options including payment by way of a credit, cheque or debit.
46. Tomato Watches prescribes to high security and encryption standards allowing all customers to shop with peace of mind. It is to be noted that it is the strict policy of Tomato Watches and Tomato Watches takes all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.