Terms and Conditions

By accessing or using www.woodbender.co.za (“the Website”), owned by The Wood Bender CC (reg: 1988/030561/23) (“Woodbender”) or any of its related Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“Terms”), in conjunction with any additional Woodbender terms particularly applicable to you and the Services you utilise. All rights in and to the content of the Website remain at all times expressly reserved by Woodbender.

Please see Woodbender’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

Please read these terms carefully before accessing or using the Website or Services. Woodbender will assume you have read and understood these terms should you continue to access or make use of the Website.

It is important to note the following:

  • The terms “user“, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Woodbender or its possession.
  • Not all terms are necessarily defined in order.
  • These terms were last updated on 1 November 2021.

1. INTRODUCTION TO THE WEBSITE AND SERVICES

  1. Woodbender provides an online platform providing various services, including but not limited to, providing users with information about our range of products, signing up for our newsletter and obtaining multi-media content and blogs (collectively, the “Services”). 
  2. These Terms explain the conditions applicable to how users must make use of the Website and the core provisions applicable to a user’s use of any Services derived from Woodbender. Depending on the exact Services used, a user may also need to conclude additional agreements with Woodbender, which agreements will contain more specific details and/or conditions relating to the exact Service acquired, including exact services and fees to be expected.
  3. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Woodbender uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
  4. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
  5. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. 
  6. Please see Woodbender’s Privacy Policy regarding more details on how Woodbender uses and processes your personal information.

2. RELATIONSHIP BETWEEN THE PARTIES

  1. For all Services provided, Woodbender does not have an agent, intermediary, nor representative relationship with any user. Your use of the Website or the Services is entirely at your own risk and based on your own volition and expertise.
  2. In the context of Product purchases via the Website, Woodbender operates as the “seller” of same products, and the relevant user will function as the “buyer”, for the purposes of their respective duties and obligations related to those roles under applicable consumer and other laws.

3. THE SERVICES

  1. For exact information on the various Services currently offered by Woodbender, or those specific to you, please consult the relevant FAQs page on the Website or please contact info@woodbender.co.za who will gladly assist.
  2. For general information purposes, and subject to further information relating to these Services made available by Woodbender on the Website or elsewhere, the following details some of the exciting offerings which constitute our Services available to users:
    1. Browse product and request quotations:
      1. The Website has an online quotation portal allowing users to search through and submit quotation requests on Products from Woodbender directly.
      2. Please consult these Terms below for more information on the terms associated to the use of the Website’s quotation portal.
    2. Accessing multi-media content and news:
      1. Users can obtain access to blogs, articles, industry content and other multi-media using the relevant prompts and pages on the Website.
    3. Sign-up for our periodic newsletter:
      1. Using the relevant prompts on the Website, users can sign-up for our newsletter which contains great information about our available Website content, Products, events and Services, delivered straight to your inbox.
      2. For more information on how this Service works, please see our FAQs page.

4. PAYMENT FOR WOODBENDER SERVICES

  1. For the use of Website and most of the Services, there is no Fee charged to the user. Woodbender will charge the Fee to the user making use of the following Services on the following basis:

5. ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR WOODBENDER SERVICES

  1. The following are particular conditions, restrictions, rights and/or duties associated to the specific Services we offer.
    1. Accessing multi-media content, blogs and articles:
      1. Whilst Woodbender carefully selects and curates all multi-media content before it is made available on the Website, Woodbender will not be liable for any content, information or opinion provided via the Website pursuant to the sharing of multi-media content to users.
      2. Such multi-media content is also provided “as is” where Woodbender disclaims itself of all liability for the accuracy or correctness of any such content shared via the Website.

6. NATURE OF GOODS

  1. Please keep in mind that our Products are handmade or use materials which by their very nature are unique. Slight imperfections that do not compromise the aesthetics or functionality of the Product are normal and desirable. Every item is intrinsically unique, where certain features and idiosyncrasies present are not defects, but rather add to each Product’s bespoke nature and value.

7. USER RESPONSIBILITIES AND WARRANTIES

  1. By using the Website and/or the Services, you warrant that:
    1. you have read and agreed to these Terms and will use the Website and Services in accordance with them;
    2. you have not made any misrepresentations and the information provided about you, your company and/or your status is true, accurate and complete in every aspect;
    3. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
    4. you lawfully possess and submit all information to the Website and/or Woodbender for the use of it or the Services;
    5. you understand the nature and uniqueness of the Products sold on the Website and acknowledge that the final look and design of individual Products may differ between that of Website;
    6. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
    7. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
    8. you will not infringe the intellectual property or other rights of any third party or the Website or transmit content that the user does not own or does not have the right to publish or distribute;
    9. you will not use the Website platform for any commercial purpose other than as expressly provided for by Woodbender herein;
    10. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
    11. you will not facilitate or assist any third party to do any of the above,failing which, your failure will automatically be deemed to be a material breach of these Terms, allowing Woodbender to use its full spectrum of rights available to it against the infringing party, including reporting you to the authorities, denying you access to or use of any Service or the Website and/or claiming contractual (including consequential) damages from you.
  1. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees. 
  2. Without prejudice to any of Woodbender’s other rights (whether at law or otherwise), Woodbender reserves the right to deny you access to the Website or the Services where Woodbender believes (in its reasonable discretion) that you are in breach of any of these Terms.
  3. Woodbender does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.

8. RECEIPT AND TRANSMISSION OF DATA MESSAGES

  1. Data messages, including email messages, sent by you to Woodbender will be considered to be received only when acknowledged or responded to.
  2. Data messages sent by Woodbender to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
  3. Woodbender reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
  4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Woodbender is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from Woodbender to a user, between users or from a user to Woodbender.

9. HYPERLINKS, DEEP LINKS, FRAMING

  1. The Website may include links to other internet sites (“the other sites“). Woodbender does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
  2. Woodbender does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to info@woodbender.co.za to request the removal of such content.
  3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third-party operator of the other sites. 

10. INTELLECTUAL PROPERTY PROTECTION

  1. All Website layout, content, material, information, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Woodbender, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. 
  2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Woodbender first being granted, which consent may be refused at the discretion of Woodbender. No modification of any intellectual property or content or graphics is permitted. Should you breach these provisions, Woodbender and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
  3. Woodbender reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be). 
  4. Where any of the Website intellectual property has been licensed to Woodbender or belongs to any third party, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  5. Subject to adherence to the Terms, Woodbender grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of Woodbender. 
  6. Any enquiries regarding any of the above relating to intellectual property must be directed to Woodbender at info@woodbender.co.za.

11. DISCLAIMERS AND WARRANTIES

  1. The Website and Services, including any intellectual property appearing therein, are provided “as is” and “as available”. Woodbender makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, the Services or the information contained in it.
  2. All information, blogs, articles or opinions of users made available on the Website in relation to any of the Services are those of the authors and not Woodbender. While Woodbender makes every reasonable effort to present such information accurately and reliably on the Website, Woodbender does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
  3. Woodbender, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services offered, including the information about any particular user.
  4. Woodbender, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, Products and access to, or use of, the Website in any manner. 
  5. Woodbender takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Woodbender does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.

12. INDEMNITIES

  1. The user indemnifies and holds harmless Woodbender, its members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website, Products, Services offered or concluded through the Website in any way.
  2. The user agrees to indemnify, defend and hold Woodbender harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
  3. This clause will survive termination of this agreement.

13. COMPANY INFORMATION

  1. Site owner: The Wood Bender CC 
  2. Legal status: For profit, close corporation
  3. Registration number: 1988/030561/23
  4. Director: Charles John Mast, Shirley-Lynn Mast
  5. Description of main business: Furniture producer and online retailer
  6. Telephone number: 021 854 6034
  7. Email address: info@woodbender.co.za
  8. Website address: www.woodbender.co.za
  9. Physical address: 6 Van Zyl Street, Strand 7140
  10. Postal address: 6 Van Zyl Street, Strand 7140
  11. Registered address: 6 Van Zyl Street, Strand 7140
  12. Membership with association: N/A

14. DISPUTE RESOLUTION AND GOVERNING LAW

  1. The user’s access and/or use of the Website and/or Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only. 
  2. Should any dispute, disagreement or claim arise between a user and Woodbender concerning the use of the Website or the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
  3. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
  4. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Woodbender. Arbitration proceedings shall be conducted in Somerset West in English.
  5. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
  6. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

15. TERMINATION OF USE OF WEBSITE OR SERVICES

  1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, WOODBENDER RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE WEBSITE AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT WOODBENDER GIVES REASONABLE NOTICE TO YOU.
  2. If you wish to terminate the agreement with Woodbender, or end your use of the Services, you may do so by discontinuing your use of the Website. Such termination of use of the Website will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which the parties may have at the time of said termination with the Website.
  3. In the event of cancellation of your agreement with the Terms and with Woodbender, Woodbender will remove you from the Website and destroy any personal data of yours which Woodbender may have in its possession that it is not legally required to retain.

16. NOTICES AND SERVICE ADDRESS

  1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
    1. in the case of Woodbender, at info@woodbender.co.za; or
    2. in the case of the user, at the e-mail and addresses provided by the user to Woodbender in the Product purchasing process or through formal engagements;
  2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
  3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

17. GENERAL

  1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.4 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
  2. No indulgence, leniency or extension of time granted by Woodbender shall constitute a waiver of any of Woodbender’s rights under these Terms and, accordingly, Woodbender shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
  3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
  4. The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.  
  5. Should you have any complaints or queries, kindly address an email to Woodbender at info@woodbender.co.za
  6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Woodbender in relation to the payment failure or breach.
  7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
  8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“).  Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.7.

 

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