Terms of service

WEBSITE TERMS AND CONDITIONS

Effective Date: [Insert Date]

1. Introduction

This website, wondergrass.co.za and any related mobile sites (collectively, the “Website”), is owned and operated by [Insert Full Legal Company Name] trading as Wonder Grass (“Wonder Grass”, “we”, “us” or “our”).

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of goods purchased through the Website, as well as your use of the Website.

These Terms and Conditions are binding and enforceable against every person who accesses or uses the Website (“you”, “your” or “user”), including registered users.

By using the Website, creating an account, placing an order, or otherwise interacting with the Website, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions.

The Website enables customers to shop online for a range of products which may include artificial grass, synthetic turf, landscaping products, installation accessories, underlay, adhesives, edging products, cleaning products and related outdoor and landscaping products (“Goods”).

2. Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (“CPA”), where applicable.

These Terms and Conditions contain provisions which:

  • may limit the risk or liability of Wonder Grass;

  • may create risk or liability for the user;

  • may require the user to indemnify Wonder Grass; and/or

  • may constitute an acknowledgement by the user of certain facts.

Your attention is specifically drawn to these provisions because they are important and should be carefully considered before using the Website.

If there is any provision in these Terms and Conditions that you do not understand, you should contact Wonder Grass for clarification before accepting these Terms and Conditions or continuing to use the Website.

Nothing in these Terms and Conditions is intended to unlawfully restrict, limit or avoid any right or obligation created for either you or Wonder Grass under the CPA or any other applicable South African law.

By using the Website in any way, you will be deemed to have accepted these Terms and Conditions. If you do not agree with these Terms and Conditions, you must not use the Website or place an order through the Website.

3. Returns

Please refer to our Returns and Refund Policy for information relating to cancelling orders, returning Goods, refunds, replacements and repairs.

The Returns and Refund Policy forms part of these Terms and Conditions and is incorporated into them by reference.

Certain Goods, including Goods that have been cut, customised, installed, altered or made specifically according to a customer's requirements, may be subject to specific return conditions, as permitted by applicable law.

4. Registration and Use of the Website

Customers may be required to register an account before placing certain orders through the Website.

To register, you may be required to provide a username, password and certain personal information.

You agree that your username and password:

  • are for your personal use;

  • must be kept confidential;

  • must not be disclosed to unauthorised third parties; and

  • must be used responsibly.

You are responsible for maintaining the confidentiality of your account information.

You agree to notify Wonder Grass immediately if you become aware of or reasonably suspect any unauthorised access to or use of your account.

Once the correct login credentials have been entered, Wonder Grass may treat activity performed through your account as having been authorised by you, subject to applicable law.

By using the Website, you warrant that you are 18 years of age or older and have full legal capacity to enter into binding agreements.

If you are under 18, you may only use the Website with the involvement and supervision of your parent or legal guardian, where permitted by law.

You agree not to use any device, software, robot, spider, automated system or other process to interfere with the proper operation of the Website or to copy, monitor, distribute, modify or reproduce Website content without the prior written consent of Wonder Grass, except where such use is permitted by law.

You may not use the Website to distribute material that is defamatory, offensive, unlawful, constitutes hate speech or otherwise violates applicable law.

You may not reproduce, copy, publish, distribute or commercially use Website content without the express written permission of Wonder Grass, except where permitted by law.

5. Conclusion of Sales, Availability of Stock and Product Information

Customers may place orders for Goods through the Website. Wonder Grass may accept or reject an order subject to:

  • availability of stock;

  • correctness of product information;

  • correctness of pricing;

  • successful receipt or authorisation of payment; and

  • any other applicable requirements.

Every effort is made to ensure that product descriptions, measurements, specifications and images displayed on the Website are accurate.

However, actual product colours may vary depending on your monitor, screen settings, lighting conditions and other factors. Wonder Grass cannot guarantee that colours displayed on your device will exactly match the physical product.

For artificial grass and related products, slight variations in shade, texture, pile appearance and batch may occur between products or production batches.

An order will only constitute a completed sale once Wonder Grass has accepted the order in accordance with applicable law.

Where Wonder Grass is unable to fulfil an order because a product is unavailable or because of an error relating to the product or price, Wonder Grass may cancel the affected order and refund any amount already paid, subject to applicable law.

Customised and Cut Products

Where artificial grass, synthetic turf or other Goods are cut, customised or prepared according to measurements or specifications supplied by the customer, the customer acknowledges that the Goods may not be suitable for return or refund where the law permits such exclusion.

Customers are responsible for ensuring that measurements and specifications supplied to Wonder Grass are correct.

Once a customised or cut product has entered production or has been cut according to the customer's specifications, cancellation may not be possible except where required by law.

Order Cancellation

Orders may not necessarily be cancelled after payment has been received, particularly where the Goods have already been prepared, cut, customised, dispatched or otherwise processed.

Any cancellation rights available to the customer will be subject to the applicable Returns and Refund Policy and South African consumer law.

Adding Goods to a shopping cart without completing the purchase does not constitute an order. Goods may be removed from a shopping cart if stock becomes unavailable.

Stock is limited and Wonder Grass does not guarantee that any particular product will remain available.

If Goods become unavailable after an order has been placed, Wonder Grass will notify the customer and, where applicable, refund the amount paid for the unavailable Goods.

6. Price and Payment

All prices displayed on the Website are subject to change without prior notice, unless otherwise required by law.

Unless otherwise stated, prices may be exclusive or inclusive of VAT as indicated on the Website or at checkout.

Delivery and installation charges may be charged separately where applicable.

Prices applicable to an order will generally be those displayed at the time the order is placed, subject to correction of pricing errors and applicable law.

Wonder Grass reserves the right to correct pricing errors before an order is accepted.

We are committed to providing secure online payment facilities. Payment information is processed through appropriate payment service providers and security technologies.

Payment methods may include, where available:

  • Credit and debit cards;

  • Instant EFT;

  • EFT/bank transfer;

  • Other electronic payment methods displayed at checkout; and

  • Any other payment methods made available by Wonder Grass from time to time.

Where payment requires additional verification or authorisation, Wonder Grass may delay processing or delivery until such verification has been completed.

You warrant that you are authorised to use the payment method provided and that sufficient funds are available to complete the transaction.

Once you have selected your payment method and accepted these Terms and Conditions, you may be directed to a secure third-party payment platform to complete payment.

7. Delivery of Goods and Ownership

Wonder Grass offers delivery methods which may include:

  • Courier delivery;

  • Transport delivery; and

  • Collection from an applicable Wonder Grass location, where available.

Delivery fees will depend on factors including the size, weight, quantity, destination and nature of the Goods ordered.

Delivery charges applicable to your order will be displayed during the checkout process where possible.

Certain artificial grass products are bulky or may require specialised transportation. Additional delivery or transport charges may therefore apply.

Wonder Grass will make reasonable efforts to deliver Goods within the delivery period communicated to the customer.

Unless otherwise specified, delivery dates and times are estimates and are not guaranteed.

Customers should ensure that someone is available to receive the Goods at the nominated delivery address.

The customer is responsible for ensuring that the delivery address is accurate and accessible.

Where delivery requires special access, lifting equipment, stairs, restricted access or other special arrangements, additional charges may apply.

Any delivery-related damage or shortage should be reported to Wonder Grass as soon as reasonably possible after delivery, together with any supporting photographs or documentation requested by Wonder Grass.

Where applicable, risk in the Goods will pass to the customer in accordance with applicable law.

Ownership of Goods will pass in accordance with applicable law and, where applicable, once payment for the Goods has been received in full.

8. Delivery Delays

Wonder Grass will make reasonable efforts to meet estimated delivery periods.

However, delays may occur due to:

  • courier or transport delays;

  • weather conditions;

  • traffic;

  • supplier delays;

  • stock availability;

  • incorrect delivery information;

  • events beyond our reasonable control; or

  • other circumstances outside Wonder Grass's reasonable control.

Where Wonder Grass becomes aware of a significant delay, we will make reasonable efforts to notify the customer.

9. Artificial Grass Measurements and Installation

Customers are responsible for ensuring that measurements supplied for artificial grass or other cut-to-size products are accurate.

Where installation services are provided or arranged by Wonder Grass, installation charges, preparation requirements and other conditions may apply.

Unless expressly agreed otherwise, the customer is responsible for ensuring that the installation area is accessible, cleared and reasonably suitable for installation.

Installation may require additional preparation, excavation, levelling, removal of existing surfaces, drainage work, edging, adhesive or other materials.

Additional work not included in the original quotation may result in additional charges.

Where a customer chooses to install Goods themselves, Wonder Grass is not responsible for installation errors caused by incorrect measurements, unsuitable preparation, incorrect installation methods or failure to follow supplied installation instructions, subject to the customer's rights under applicable law.

10. Errors

Wonder Grass makes reasonable efforts to ensure that product descriptions, prices, availability and delivery charges displayed on the Website are accurate.

However, errors may occasionally occur.

If an error is identified before an order is accepted, Wonder Grass may correct the error and, where applicable, allow the customer to proceed with the corrected transaction or cancel the affected order.

Where payment has already been made for an order that cannot be fulfilled due to an error, Wonder Grass will provide an appropriate refund where required.

11. Privacy Policy

Wonder Grass respects your privacy and will take reasonable measures to protect your personal information.

Personal information collected through the Website will be handled in accordance with our Privacy Policy and applicable South African data protection legislation, including the Protection of Personal Information Act 4 of 2013 (“POPIA”).

Our Privacy Policy forms part of these Terms and Conditions.

12. Changes to These Terms and Conditions

Wonder Grass may update or amend these Terms and Conditions from time to time.

The updated Terms and Conditions will be published on the Website.

It is your responsibility to review the Terms and Conditions periodically.

Changes will apply to your use of the Website after the updated Terms and Conditions have been published, subject to applicable law.

13. Electronic Communications

When you visit the Website, create an account, place an order or communicate electronically with Wonder Grass, you consent to receiving electronic communications from us in accordance with applicable law.

Electronic communications may include:

  • Order confirmations;

  • Payment confirmations;

  • Delivery notifications;

  • Customer service communications;

  • Account-related communications; and

  • Other communications relating to your use of the Website or orders.

14. Ownership and Copyright

All content appearing on the Website, including but not limited to:

  • text;

  • product descriptions;

  • photographs;

  • graphics;

  • logos;

  • trade names;

  • trademarks;

  • designs;

  • layouts;

  • videos;

  • advertisements;

  • software; and

  • other materials

(collectively, “Website Content”) is protected by applicable intellectual property laws.

Unless otherwise indicated, Website Content is owned by or licensed to Wonder Grass.

You do not acquire any ownership rights in the Website or Website Content by accessing or using the Website.

You may not reproduce, modify, distribute, publish, sell or commercially exploit Website Content without the prior written consent of Wonder Grass, except where permitted by law.

15. Disclaimer

Your use of the Website is at your own risk, subject to your rights under applicable law.

Wonder Grass takes reasonable steps to ensure that information published on the Website is accurate and up to date. However, we do not guarantee that the Website will always be:

  • available;

  • error-free;

  • uninterrupted;

  • completely accurate;

  • free from technical defects; or

  • free from harmful software or malicious code.

To the maximum extent permitted by law, Wonder Grass will not be responsible for losses arising from your use of the Website, except where such liability cannot lawfully be excluded or limited.

Nothing in these Terms and Conditions excludes or limits any liability that cannot legally be excluded or limited under South African law.

Product warranties, where applicable, will be governed by the applicable warranty terms and the rights provided by South African consumer law.

16. Product Appearance and Variations

Artificial grass and other landscaping products may have natural or manufacturing variations.

Product images displayed on the Website are provided for illustrative purposes.

Differences may occur due to:

  • screen and display settings;

  • lighting;

  • photography conditions;

  • manufacturing batches;

  • product texture;

  • installation direction; and

  • environmental conditions.

Such variations do not necessarily constitute a defect.

17. Linked Third-Party Websites

The Website may contain links to third-party websites or services.

These websites are outside the control of Wonder Grass.

Wonder Grass is not responsible for the content, availability, security, privacy practices or policies of third-party websites.

Your use of third-party websites is at your own risk and subject to the terms and policies of those websites.

18. Limitation of Liability

To the maximum extent permitted by law, Wonder Grass will not be liable for indirect, incidental, special or consequential losses arising from the use of the Website or Goods, except where such liability cannot legally be excluded.

Nothing in these Terms and Conditions is intended to exclude or limit any consumer rights or liability that cannot lawfully be excluded under the CPA or any other applicable South African law.

You agree to indemnify Wonder Grass, to the extent permitted by law, against claims, losses or damages arising from your unlawful use of the Website or your breach of these Terms and Conditions.

19. Availability and Termination

Wonder Grass will use reasonable efforts to maintain the availability of the Website.

However, we reserve the right to temporarily suspend the Website for:

  • maintenance;

  • upgrades;

  • security reasons;

  • technical problems; or

  • other operational requirements.

Wonder Grass may also suspend or terminate access to the Website where a user breaches these Terms and Conditions or engages in unlawful activity.

Where possible, Wonder Grass will continue processing orders already accepted before any suspension or termination, subject to applicable circumstances.

20. Governing Law and Jurisdiction

These Terms and Conditions and your relationship with Wonder Grass are governed by the laws of the Republic of South Africa.

Any dispute arising from these Terms and Conditions will be subject to the jurisdiction of the applicable courts of South Africa.

Nothing in these Terms and Conditions limits your right to approach a court, tribunal, ombud or other forum of competent jurisdiction where permitted by South African law.

21. Notices

Wonder Grass's nominated address for formal notices and legal processes is:

Wonder Grass
[Insert Registered/Physical Address]
[Insert City]
Gauteng
South Africa

Email: [Insert Wonder Grass Email Address]

Wonder Grass may update its nominated address by updating these Terms and Conditions.

Customers must provide accurate contact and delivery information when placing an order.

22. Wonder Grass Information

For purposes of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”), the following information applies:

Trading Name: Wonder Grass

Full Legal Name: [Insert Full Legal Company Name]

Registration Number: [Insert Registration Number]

Main Business: Artificial Grass, Synthetic Turf, Landscaping Products and Related Goods

Website: wondergrass.co.za

Physical Address: [Insert Physical Address]

Email: [Insert Email Address]

Telephone: [Insert Telephone Number]

23. Events Beyond Our Control

Wonder Grass will not be liable for failure or delay in performing its obligations where such failure or delay is caused by circumstances beyond our reasonable control (“Force Majeure”).

Force Majeure may include, without limitation:

  • strikes or industrial action;

  • fire;

  • explosion;

  • storms;

  • floods;

  • earthquakes;

  • natural disasters;

  • epidemics or pandemics;

  • transport disruptions;

  • courier disruptions;

  • telecommunications failures;

  • power failures;

  • government restrictions;

  • legislation or regulations;

  • civil unrest;

  • acts of public authorities; and

  • other events beyond our reasonable control.

Where a Force Majeure event occurs, Wonder Grass's obligations may be suspended for the duration of the event to the extent permitted by law.

Wonder Grass will make reasonable efforts to resume its obligations as soon as reasonably possible.

24. General

Wonder Grass reserves the right, where permitted by law, to suspend or terminate the operation of the Website or a user's access to the Website where there is a breach of these Terms and Conditions.

You may not transfer, assign or otherwise dispose of your rights or obligations under these Terms and Conditions without the prior written consent of Wonder Grass, except where permitted by law.

If Wonder Grass fails to enforce a particular right under these Terms and Conditions, this does not constitute a waiver of that right.

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply.

No amendment, variation or cancellation of these Terms and Conditions will be effective unless made in accordance with applicable law.

These Terms and Conditions, together with the applicable policies referred to in them, constitute the agreement governing your use of the Website and purchase of Goods from Wonder Grass.

25. Contact Us

If you have any questions regarding these Terms and Conditions, an order, delivery, product or Website issue, please contact Wonder Grass:

Website: wondergrass.co.za
Email: [Insert Email Address]
Telephone: [Insert Telephone Number]
Address: [Insert Physical Address]

Wonder Grass
Quality Artificial Grass & Landscaping Solutions