TERMS AND CONDITIONS – COASTLAND SALES (PTY) LTD

1. These terms and conditions (“the Terms”) govern the sale of any goods by Coastland Sales (Pty) Ltd
(“Coastland”) to any Customer, including but not limited to Goods sold through Coastland’s website located at the domain name, www.coastlandsales.co.za (the “Website”), as well as Goods sold to Customers cash and under credit facilities with Coastland. In these Terms Customer includes Users of the Website.
2. No addition to, variation, or agreed cancellation of these Terms shall be of any force or effect unless in writing and signed by duly authorised representatives of Coastland and the Customer.
3. All transactions concluded between the Customer and Coastland will be according to these Terms. In these Terms, “Goods” include: (a) any consumable, product, component or material supplied, distributed or on- sold by Coastland; and (b) any product or component converted, produced, fabricated or manufactured by Coastland.
4. These Terms will apply to all transactions between the parties and shall prevail over any terms and conditions submitted by the Customer, whether contained in a purchase order or otherwise, unless otherwise agreed to in writing in terms of clause 2 above.
5. If any provision of these Terms is held to be illegal, invalid, or unenforceable under applicable law, such provision will be severable from the remaining provisions of these Terms, and the legality, validity and enforceability of the remaining provisions will not be affected or impaired thereby.

PART A – WEBSITE USE GENERAL

6. The Customer may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for marketing and other purposes without the consent of Coastland. These Terms constitute the entire agreement between Coastland and the Customer regarding the use of the Content and this Website.
7. Coastland may amend these Terms from time to time. Any such amendments will take effect once published on this Website. If you are a registered Customer, Coastland will take reasonable steps to notify you of any material changes. Your continued use of the Website after the amended Terms are published will constitute your acceptance of the updated Terms.
8. The Goods offered on this Website are only available for delivery to addresses within the Republic of South Africa (“RSA”).
9. This Website is controlled and administered by Coastland from within RSA. These Terms are governed by the laws of RSA. Access to the Website from territories where the Content or the purchase of products offered through the Website is unlawful, is prohibited. Customers who access the Website from outside South Africa are responsible for complying with applicable local laws (including import and export laws).
10. By registering on this Website or using our services, the Customer consents to Coastland sending marketing and promotional communications relating to new products and special offers from time to time, by email or other electronic means, in accordance with section 69 of the Protection of Personal Information Act, 2013 (“POPIA”). The Customer may opt out of receiving such communications at any time by using the unsubscribe facility provided in the communication or by contacting Coastland.
11. The use of any Goods purchased through this Website is at the Customer’s risk.
12. The personal information required for the processing and delivery of orders placed through this Website – including but not limited to the Customer’s name, identity details, postal and delivery address, email address, and telephone number – will be collected and processed by or on behalf of Coastland in compliance with the provisions of the POPIA. Coastland will keep such information confidential and secure and will not sell, rent, or otherwise disclose it to any third party, except as is strictly necessary to fulfil the Customer’s order, to provide Website hosting or related services, or as required by law. For this purpose, only the information required to perform such services – such as the Customer’s delivery address and contact details – will be shared with duly authorised third-party service providers engaged by Coastland. Coastland will take all reasonable technical and organisational measures to protect the integrity and confidentiality of the Customer’s personal information against loss, unauthorised access, disclosure, or misuse.
13. In addition, Coastland takes reasonable measures, and may rely on duly authorised third-party service providers, to secure the functionality and content of the Website. Despite these measures, Coastland cannot be held liable for any security breaches, damage, or loss occurring on the Customer’s personal computer, mobile device, or other electronic device used to access the Website, where such breaches result from the Customer’s failure to implement adequate security safeguards (including antivirus and anti-spyware software) or from malware already present on the Customer’s device.
14. Customers may visit the Website without providing personal information. In such cases, the Website servers will automatically collect the IP address of the Customer’s device and standard technical information, but not the Customer’s email address or other directly identifying details. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed, and similar usage statistics. Coastland uses this information to monitor and improve the Website and its Content. All such information will be processed and stored in accordance with POPIA.

PRICING & PAYMENT 

15. The Goods are sold in accordance with the Company’s prevailing prices, which may vary from time to time.
16. Payment for Website purchases will be made by PayFast or Electronic Funds Transfer into Coastland’s nominated bank account, the details of which will be provided after checkout.
17. The Customer must ensure that all payments to Coastland reflect the correct account or invoice reference number provided by Coastland. The Customer will be solely responsible for any delays, misallocations, or other issues arising from incorrect or missing payment references. Coastland may charge the Customer a reasonable administrative fee for tracing, reallocating, or correcting such payments.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS 

18. All content displayed or made available on this Website, whether currently or in future, including but not limited to text, graphics, logos, images, icons, software, databases, and designs (“the Content”), is the property of Coastland, or third-party licensors and is protected by South African and international copyright and intellectual property laws.
19. The compilation, arrangement, and layout of the Content is likewise the property of Coastland or its licensors. Coastland reserves the right to make changes to the Website, the Content, and to the products and/or services offered through the Website at any time and without prior notice.
20. All rights in and to the Content are reserved. Except as expressly permitted in these Terms, no Customer is granted any licence, right, or interest, including (without limitation) any copyright, trademark, patent, or other intellectual property right, in or to the Content.

USE RIGHTS 

21. Coastland grants the Customers, subject to these Terms, a non-exclusive, non-transferable, limited, and revocable right to access, display, use, download and otherwise copy the Content for personal, non-commercial and informational purposes only.
22. This Website and the Content may not be reproduced, duplicated, copied, resold, visited, framed, or otherwise exploited for any commercial purpose without the express prior written consent of Coastland. This right does not permit the collection or use of product or service listings, descriptions, or other information displayed on the Website for the benefit of another merchant, nor does it allow any derivative use of the Website or the Content.
23. This Website and the Content may not be framed, mirrored, or otherwise incorporated into any other
website or online service without the prior written consent of Coastland.
24. Coastland does not offer products or services to minors. If you are under the age of 18, you may not respond to, accept, or act upon any offers on the Website.
25. If a Customer breaches any of these Terms, Coastland may immediately, automatically, and without notice, terminate that Customer’s access to the Website, prohibit any future access, and/or take appropriate legal action (including, without limitation, applying for urgent or interim relief or claiming damages), without incurring any liability of any nature to the Customer. All of Coastland’s rights in this regard are expressly reserved, including the right to refuse service.

LINKED WEBSITES 

26. The Website may contain links to third-party websites. Such links are provided for convenience only and do not imply endorsement by Coastland. Coastland has no control over, and accepts no responsibility or liability for, the content, products, services, or terms of use of any linked websites. Access to and use of linked websites is entirely at the Customer’s own risk, and any dealings between the Customer and third parties
are solely between them.

PART B – CASH SALES & CREDIT FACILITIES GENERAL 

27. Coastland is authorised to: (a) perform credit checks in respect of the Customer with any registered credit bureau or licensed agencies and will retain a record of the search; and (b) furnish information concerning the Customer’s account, including payment behaviour and how the account is conducted, to registered credit bureaus and licensed agencies.
28. Coastland will, in its sole and absolute discretion, be entitled to: (a) determine the amount of the credit facility to be granted to the Customer from time to time; and (b) vary, suspend or terminate any credit facility which it grants to the Customer, without prior notice to the Customer.
29. The Customer will not be entitled to purchase on credit from Coastland until: (a) Coastland has confirmed in writing the extent of the credit facility granted, if any; and (b) the Customer has complied with such conditions as may be stipulated by Coastland for the grant of a credit facility to the Customer, including but not limited to conditions pertaining to the provision of securities (including but not limited to suretyships) required by Coastland.
30. The Customer undertakes to notify Coastland in writing within 7 (seven) days of any change in its directors, ownership, legal status, or trading name. The Company may, on receipt of such notice, review, vary, suspend, or withdraw any credit facilities. Failure to notify Coastland timeously will constitute a material breach of the Terms.

PRICING & PAYMENT [CASH SALES & CREDIT FACILITIES]

31. Every delivery of Goods to the Customer shall constitute a separate contract for which a separate invoice will be issued.
32. The Goods are sold in accordance with the Company’s prevailing prices, which may vary from time to time.
33. The purchase price of the Goods shall be paid by the Customer to Coastland in accordance with the credit terms granted to the Customer.
34. All payments by the Customer shall be made without deduction or set-off into Coastland’s bank account, the details of which shall be provided by Coastland.
35. The Customer must ensure that all payments to Coastland reflect the correct account or invoice reference number provided by Coastland. The Customer will be solely responsible for any delays, misallocations, or other issues arising from incorrect or missing payment references. Coastland may charge the Customer a reasonable administrative fee for tracing, reallocating, or correcting such payments.
36. If the Customer fails to pay any amounts on the due date for payment, then: (a) interest will be charged monthly, calculated at the rate of 2% per month on all overdue amounts, calculated from due date until date of full payment; and (b) all amounts owing, but not yet due by the Customer, will immediately become due and payable.

PART C – GENERAL ORDER & DELIVERY

37. All Goods are subject to availability and Coastland makes no warranties that the Goods will be available at the date of order.
38. Coastland reserves the right to cancel an order for which payment has already been received, where stock is insufficient. Should Coastland exercise this right, the Customer will receive a full refund with no deductions.
39. Deliveries may be made directly by Coastland, alternatively Coastland shall be entitled, at its discretion, to appoint a duly authorised third-party service provider to effect delivery on its behalf. Where delivery is undertaken by a third-party service provider, Coastland will ensure that only the necessary customer information required to complete delivery (such as the delivery address and contact details) is shared with such service provider, in accordance with POPIA.
40. In addition to delivery, Coastland offers a collection option for Customers who prefer to collect their orders directly from Coastland’s premises. Where a Customer elects this option, upon completion of the order the Customer will be notified by email that the order is ready for collection. Coastland’s business hours are Monday – Thursday 08:00 – 17:00 and Friday 08:00 – 16:00.
41. Any delivery charges levied by Coastland will be for the account of the Customer. With Website sales, delivery charges are automatically calculated during the checkout phase (based on the total weight and value of the order, as well as the order’s specified delivery address) and added to your order.
42. Coastland will endeavour to deliver the Goods within the period specified by it, but Coastland will not be liable for any losses, including but not limited to loss of profit or other damages (whether direct, indirect, consequential or otherwise) suffered by the Customer because of non-delivery or late delivery (due to any reason whatsoever). The Customer shall not be entitled to withhold payment of any amount due to Coastland by reason of late delivery of any Goods.
43. Risk in the Goods shall pass to the Customer when the Goods are dispatched for delivery.
44. Ownership of all Goods delivered by Coastland to the Customer, notwithstanding delivery to the Customer, remain vested with Coastland until the Customer has paid for the Goods in full. Coastland reserves the right to reclaim possession of the Goods at the Customer’s cost should payment not be received in full.
45. Delivery of the Goods to the Customer shall be evidenced by Coastland’s official delivery note (or the delivery note of any one of its authorised independent carriers), duly signed by an employee, carrier or agent of the Customer, whose authority Coastland shall not be obliged to prove. Prior to signature of Coastland’s official delivery note, the Customer, or its employee, carrier or agent shall inspect the Goods to ensure that the Goods are in good order, of a satisfactory type and quality and the correct quantity.
Signature of Coastland’s official delivery note will signify that the Customer is satisfied in all respects with the Goods.

CANCELLATION AND RETURNS

46. Website orders placed by the Customer, but cancelled before the Goods have been delivered by Coastland and/or handed over to the nominated third-party service provider for delivery, may be cancelled. In such cases, the Customer will be refunded, subject to a deduction of a 10% handling fee to cover administration costs.
47. Goods may only be returned where the incorrect Goods have been supplied by Coastland, or the Goods as delivered are damaged or faulty. The Customer will not be entitled to return any Goods correctly supplied and delivered, without Coastland’s express consent. Any complaints regarding the standard and quality of Goods must be directed to Coastland’s Sales Manager or info@coastlandsales.co.za
48. If the wrong Goods have been supplied, or if the Goods are faulty or damaged, Coastland will exchange it on condition that the Customer returns the Goods within 5 (five) days of delivery. In such an instance, Coastland will make a reasonable effort to exchange the Goods upon receipt thereof but if exchange is not possible, Coastland will refund the purchase price including delivery costs upon receipt of the returned Goods. Notwithstanding the aforesaid, Coastland may, in its sole and absolute discretion, accept the return of Goods after the 5 (five) day period, subject to such terms and conditions as Coastland may determine.
49. Where Goods are manufactured to the Customer’s specifications, the Customer will not be entitled to return such Goods.
50. Where Coastland agrees to the return of Goods correctly supplied and delivered by, the Customer will pay:(a) a handling fee of 10% of the value of the Goods returned; and (b) the cost of delivery of the Goods returned.
51. In the event that it is established that the Goods were defective at the time of delivery thereof, Coastland shall at its sole discretion either: (a) refund the purchase price of the Goods; or (b) replace the defective Goods.

BREACH & ENFORCEMENT

52. Should it become necessary for Coastland to proceed against the Customer in a court of law at any time, the whole amount outstanding on the account will immediately become due and payable.
53. A certificate signed by Coastland (or by its agent whose appointment, qualification and/or authority need not be proven), as to the amount of the Customer’s indebtedness from time to time, will be: (a) prima facie evidence of the Customer’s indebtedness; and (b) binding on the Customer in any proceedings instituted by Coastland in any competent court, for the purpose of obtaining judgment against the Customer.
54. Coastland and the Customer consent to the jurisdiction of the Magistrates’ Court having territorial jurisdiction over the Customer, in respect of any proceedings arising out of or in connection with this agreement, even where the amount claimed may otherwise exceed the monetary jurisdiction of that Court. Nothing in this clause prevents Coastland from instituting proceedings in the High Court of South Africa, Eastern Cape Division, Gqeberha, in respect of any dispute arising from or in connection with the Website or these Terms, without limiting any rights the Customer may have under the Consumer Protection Act, 2008.
55. The Customer will be liable for all legal fees and disbursements on the Attorney and Client scale, including but not limited to collection charges and tracing costs pertaining to the recovery of any amount owing to Coastland on any overdue accounts.
56. All disputes arising from this agreement will be determined in accordance with the laws of South Africa.
57. No waiver, indulgence or extension of time which either Party (“Grantor”) may grant to the other, nor any delay or failure by the Grantor to enforce, whether completely or partially, any of its rights, shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the Grantor in terms hereof, save in the event and to the extent that the Grantor has signed a written document expressly
waiving or limiting such right.

LIMITATION OF LIABILITY

58. The Customer will not have any claim of whatsoever nature against Coastland arising out of any variation, suspension or termination of any credit facility which Coastland may grant to the Customer from time to time.
59. The Website and all Content on it, including any current or future offers of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. Coastland make no representations or warranties, whether express or implied, as to the availability, accuracy, completeness, or reliability of the Website or the Content.
60. Coastland will not be liable for any direct, indirect, incidental, special, or consequential loss or damages of any kind arising from or in connection with the use of, or inability to access or use, the Website, the Content, or any functionality thereof, or any linked website, even if Coastland has been advised of the possibility of such loss or damages.
61. To the fullest extent permitted by law, Coastland will not be liable to the Customer for any loss, liability, damage, or expense of any nature whatsoever (including loss of profit, loss of production, loss of data or business interruption), whether arising in contract, delict (including negligence), or otherwise, which may be suffered by the Customer arising from or in connection with the supply of Goods by Coastland, or the use, performance, storage, handling, installation, or operation of such Goods.
62. Coastland’s total liability for any claim, whether in contract or delict or otherwise, arising out of or in connection with any transaction governed by these Terms, will in all circumstances be limited to the total price paid by the Customer for the specific Goods giving rise to such claim.
63. Without limiting the generality of the above, Coastland gives no warranties or representations (express or implied) regarding the suitability of the Goods for any particular purpose, unless such purpose was disclosed in writing by the Customer and specifically accepted by Coastland in writing.

ACCEPTANCE & WARRANTIES

64. By accessing, browsing, or using this Website, and/or by placing an order through the Website, the
Customer is deemed to have read, understood, and unconditionally accepted these Terms.
65. If the Customer registers an account, places an order, accepts delivery of Goods, or makes payment in respect of any Goods via the Website, such conduct will constitute conclusive evidence of the Customer’s acceptance of and agreement to be bound by these Terms, as amended from time to time.
66. The Customer acknowledges that in purchasing the Goods, it does not rely on any oral or written statements or representations made by Coastland or Coastland’s employees, agents and/or representatives and that Coastland shall not assume any risk of inaccurate or unsuitable specifications or information provided, selected or designated by the Customer. If you have any questions, queries or wish to request permission to use any part of this Website, please contact us at:
Coastland Sales (Pty) Ltd
Physical Address:
2 Blackwood Crescent, Fairview, Gqeberha
Postal Address:
PO Box 20366, Humewood, 6013
Email: info@coastlandsales.co.za
Tel: 041 453 4680
A copy of the ECT Act is available at https://www.acts.co.za/