Last updated: 05 July 2017
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.cubanconnection.co.za website (the “Service”) operated by Cuban Connection (Private) Limited (“us”, “we”, or “our”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The following words shall have the following meanings, with reference to our delivery terms:
- “Buyer” means the organization or person who buys Goods from Cuban Connection
- “Goods” means the articles to be supplied to the Buyer by the Seller;
- “Seller” means Cuban Connection website
If you wish to purchase any product made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, phone number
- These Terms and Conditions shall apply to sales of Goods by Cuban Connection to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- Cuban Connection may amend the terms herein from time and time, as deemed necessary and it remains the responsibility of the buyer to acquaint themselves with the delivery terms, among other terms
IV. Delivery schedule
- Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
- Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of receipt to enable replacement or refund.
- Delivery times shall serve only as guidelines. The buyer acknowledges that Cuban Connection is not a delivery company, hence contracts delivery service provider(s) to deliver goods to Buyers, as such Cuban Connection has limited control of actual time and delivery date, in which case the Buyer exonerates Cuban Connection for any delay in delivery due to factors beyond Cuban Connection’s control.
V. Delivery times guidelines
- Roadfreght (national) – 3 – 4 working days
- Airfreight (national) – 2 working days
- Overnight (national) – 1 day
- Same day (local) – 1 working day (dispatched before 10am)
- Same day Express (local) – 4 working hours
- Cuban Connection may change their delivery service provider(s) anytime, as deemed necessary without consulting or advising Buyer
VI. RATES & PRICES
- Cuban Connection reserves the right to determine the rates for delivery based on markets rates. Rates shall include admin fee for packaging and processing orders.
- The rates for delivery shall be determined by type of service (roadfreight, airfreight, overnight, same day economy(local), same day express (local)), the size of package and weight of service.
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
VIII. GOODS OWNERSHIP
Title in the Goods shall not pass to the Buyer until Cuban Connection has been paid in full for the Goods.
IX. RETURN OF UNUSED GOODS
- All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods, unless otherwise goods were damaged or lost before delivery. However, where the Buyer elects to collect and or use own Courier Risk shall be on Buyer’s part upon collection of goods from Cuban Connection
- Where Cuban Connection agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. Cuban Connection will not be obliged to accept any goods that are damaged in any way. Any acceptance of a return by a Buyer shall not mean variance of Cuban Connection delivery terms, but an incidental exception in the interest of goodwill or otherwise as Cuban Connection deems necessary.
- Where Cuban Connection has agreed to dispatch goods before receipt or confirmation of payment, the Buyer remains liable as indicated on issued invoice.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
XII. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of South Africa and the parties hereby submit to the exclusive jurisdiction of the Cape Town courts.