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Terms and Conditions

This website is owned and operated by Spode Marketing (Pty) Ltd (“the Company”), a private company duly incorporated in the Republic of South Africa. These terms regulate access to, browsing of, and transactions conducted on this Website, including but not limited to enquiries, quotations, design, manufacture, supply, delivery, installation and maintenance of industrial racking, shelving, mezzanine flooring and associated storage products.

These Terms are drafted in accordance with South African legislation and the principles of being Clear, Accessible, Fair and Balanced. By accessing or using this Website, the Website User (“User”) acknowledges that they have read, understood and agree to be bound by these Terms.

Preamble & Definitions

In these Terms, unless inconsistent with context:

“Business Days” means Mondays to Fridays excluding public holidays.

“CPA” means the Consumer Protection Act 68 of 2008.

“ECTA” means the Electronic Communications and Transactions Act 25 of 2002.

“POPIA” means the Protection of Personal Information Act 4 of 2013.

“Products” means industrial shelving, racking systems, mezzanine flooring and associated products.

“Services” includes design, engineering, delivery, installation and advisory services.

“User” means any person accessing or using the Website.

Applicable Legislation

These Terms comply with:

Consumer Protection Act 68 of 2008

Electronic Communications and Transactions Act 25 of 2002

Protection of Personal Information Act 4 of 2013

Companies Act 71 of 2008

Occupational Health and Safety Act 85 of 1993

South African National Standards (SANS)

Common law of South Africa

Supplier: Spode Marketing (Pty) Ltd

Registration Number: 2017/283574/07

Registered Address: Endalini Building, 1 Wareing Road, Pinetown, Kwa Zulu Natal

Email Address: Myles@spode.co.za

Contact Number: +27 (31) 263 0055

Website Use & User Obligations

Users may browse the Website, submit enquiries, request quotations, participate in promotions and place orders electronically. Users warrant that all information provided is accurate and lawful. The Website may not be used for unlawful, fraudulent, misleading or harmful activities. The Company reserves the right to restrict or terminate access where misuse occurs.

Product Information & Industrial Disclaimers

All product information, drawings, images, dimensions, load ratings and descriptions are indicative only. Due to the engineered and site‑specific nature of racking and shelving systems, final specifications depend on site conditions, floor slab capacity, load requirements, engineering approvals and applicable SANS standards. Approved engineering drawings shall prevail over Website representations.

Quotations, Orders & Electronic Contracting

All quotations are invitations to do business and not binding offers. A binding agreement arises only once the Company issues written acceptance and payment is received. Electronic transactions are governed by ECTA. Users expressly consent to electronic communication and record-keeping.

Pricing, Payments & Vat

Prices exclude VAT, delivery, installation, engineering approvals and additional works unless expressly stated. Payment terms are disclosed prior to confirmation. Failure to pay entitles the Company to suspend or cancel orders without prejudice.

Delivery, Risk & Ownership

Delivery dates are estimates only. Risk transfers upon delivery to the nominated site. Ownership passes upon receipt of full payment. Users must inspect goods immediately upon delivery and notify the Company of defects within a reasonable time.

Installation, Site Readiness & Customer Responsibility

Where installation is provided, the User warrants, inter alia, that:

  • sites are structurally sound;
  • all measurements are correct;
  • access, power and permits are available;
  • health and safety compliance exists.

The Company shall not be liable for delays, defects or failures arising from inadequate site readiness.

Occupational Health & Safety

All installation services comply with applicable occupational health and safety legislation. The Company may suspend work where unsafe conditions exist without liability.

Promotions, Discounts & Vouchers

Promotions apply strictly subject to stated terms. Unless expressly stated:

  • promotions exclude custom-engineered projects;
  • bulk or industrial installations are excluded;
  • vouchers are non‑transferable, non‑redeemable for cash.

Force Majeure & Business Disruption

The Company shall not be liable for failure or delay caused by events beyond its reasonable control including natural disasters, pandemics, supply chain disruptions or government action.

Warranties & Consumer Rights

All statutory consumer rights under the CPA apply. Nothing in these Terms limits non‑excludable statutory protections.

Limitation Of Liability

To the extent permitted by law, the Company shall not be liable for indirect, consequential or economic loss.

Security & Data Safeguards

The Company implements reasonable administrative, technical and organisational safeguards to protect personal information and Website operations.

Intellectual Property

All Website content, designs, drawings, logos and materials are the intellectual property of the Company and protected by law.

Updates & Amendments

The Company may update these Terms from time to time. Continued Website use constitutes acceptance of updated Terms.

Dispute Resolution

Parties shall endeavor to resolve disputes amicably prior to legal proceedings. Nothing limits access to courts.

Governing Law & Jurisdiction:

These Terms are governed by the laws of the Republic of South Africa. South African courts shall have jurisdiction.

Refund Policy

This is issued in accordance with the Consumer Protection Act 68 of 2008 (“CPA”) of the Republic of South Africa and applies to all customers who purchase goods or services from the Company.

Customers are entitled to fair, transparent and lawful treatment in relation to refunds, returns and cancellations, as provided for under South African law. This policy sets out when refunds may be granted, the process to request a refund, and the limitations applicable to such refunds.

The Company supplies goods and services that may be custom-made, specialised, manufactured to specification, installed, or delivered at customer premises. As a result, refunds are subject to the nature of the goods or services supplied, statutory requirements, and the circumstances giving rise to the refund request. Where goods are defective, unsafe, or not of good quality as contemplated in section 55 of the CPA, the customer is entitled, within six (6) months from the date of delivery, to return the goods at the Company’s expense and to elect one of the following remedies as provided for in section 56 of the CPA: repair of the goods, replacement of the goods, or a refund of the purchase price. The Company reserves the right to inspect and verify the alleged defect before processing any refund.

Where a refund is granted for defective goods, such refund shall be limited to the price actually paid for the goods and shall not include consequential losses, loss of profit, or damages not recoverable under the CPA.

If goods are returned because they are unsuitable for the customer’s particular purpose and such purpose was not expressly communicated to and accepted by the Company prior to purchase, the Company shall not be obliged to provide a refund, unless required by law.

No refunds will be issued for goods that are custom-made, manufactured to the customer’s specifications, or specially ordered, unless the goods are defective or fail to comply with the CPA. This includes, but is not limited to, custom-sized products, engineered components, special finishes, or goods ordered in accordance with approved drawings, specifications or measurements provided or approved by the customer, as contemplated in section 17(2)(c) of the CPA.

No refunds will be granted for services that have already been rendered, commenced, or substantially performed with the customer’s consent, including design, site assessments, delivery, installation, or engineering-related services, unless required by law.

Where a customer cancels an order prior to delivery or performance of services, the Company may charge a reasonable cancellation fee in accordance with section 17(3) of the CPA, taking into account costs already incurred, administrative costs, manufacturing or procurement costs, and the likelihood of reselling the goods.

Refunds will not be granted where goods have been damaged due to misuse, overloading, impact damage, unauthorised modification, incorrect installation not performed by the Company, or failure to comply with usage instructions, load ratings, safety warnings or applicable standards. The Company will not accept returns or issue refunds for goods that have been used, altered, installed, or partially installed, unless the return is based on a defect contemplated in the CPA.

All refund requests must be submitted in writing, together with proof of purchase and a clear explanation of the reason for the return or refund request. The Company may require the goods to be returned for inspection before a decision is made.

Approved refunds will be processed using the original method of payment, where reasonably possible, within a reasonable time period after approval. The Company does not guarantee immediate processing and shall not be liable for delays caused by banking institutions or third-party payment providers. Nothing in this policy is intended to limit, waive or exclude any rights afforded to consumers under the CPA. Where this policy conflicts with the CPA, the provisions of the CPA shall prevail.