Terms and Conditions of Sale
This page, along with the documents linked to it (terms and conditions), outlines the terms and conditions under which we supply you with any of the products (Products) displayed on our online sales platform (“Hanley Online Store”) at https://www.hanleystore.com/. These terms and conditions do not apply to or cover third-party sales of our products to you.
Before purchasing any Products from the Hanley Online Store, please read these terms and conditions carefully and make sure you understand them. You should be aware that by ordering any of our Products, you are agreeing to these terms. You will not be allowed to order any Products from the Hanley Online Store if you do not accept these terms and conditions. For future reference, you may print a copy of these terms and conditions. We shall provide items in accordance with these terms and conditions.
We operate the Hanley Online Store, which can be found at https://www.hanleystore.com/. “We” are “Hanley Brand (Pty) Ltd,” a South African business with the registration number 2007/003972/07 and a registered office at 141 Witch-Hazel Ave, Highveld Techno Park, Centurion, 0169, South Africa is our main trading address. 000000000000 is our VAT number. In these Terms & Conditions, we are referred to as “Hanley Brand” or “we.”
We only deliver orders to physical addresses in South Africa.
By placing an order through our website, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are a private individual and purchasing products in your capacity as such; and
(d) you are not purchasing products for the purpose of resale or any unlawful purpose whatsoever.
How the contract is formed between you and us
- Your order constitutes an offer to purchase the Product(s) in your order from us. By ordering from the Hanley Online Store and completing the checkout procedure, you are considered to have made an order with us. We will send you an email acknowledging that we have received your order, along with an Order Reference Number and details of the Product(s) you have ordered, using the email address you have provided (“Order Confirmation”).Please note that the Order Confirmation is only an acknowledgment that we have received your order and does not mean that your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer (and form the contract of sale) when we send you an e-mail confirming that the Product(s) has/have been dispatched (“Dispatch Confirmation“). We may refuse to accept your order:
(a) where the Product is not available;
(b) where we cannot obtain authorisation from your bank for your payment;
(c) if there has been a pricing or Product description error other than where there has been an obvious error (see ‘Price and Payment’ below); or
(d) if you do not meet the criteria set out in ‘Your Status’ above.
2. Only the earliest of I when we provide you the Dispatch Confirmation and ii) when we deliver the Product will the contract between you and Hanley Brand (“Contract”) be established (s). You and Hanley Brand are the Contract’s parties.
- The Contract only applies to those Products for which we have confirmed dispatch in the Dispatch Confirmation or have delivered to you. We shall not be obligated to furnish any Products that were part of your order until we receive a separate Dispatch Confirmation confirming their dispatch.
WE MAY ALSO PROVIDE LINKS TO THE WEBSITES OF OTHER COMPANIES ON THE HANLEY ONLINE STORE, WHETHER OR NOT THEY ARE AFFILIATED WITH US. WE MAKE NO PROMISES OR WARRANTIES THAT PRODUCTS YOU PURCHASE FROM THIRD PARTY SELLERS ON THE HANLEY ONLINE STORE, OR FROM COMPANIES TO WHICH WE HAVE PROVIDED A LINK ON THE HANLEY ONLINE STORE, WILL BE FIT FOR PURPOSE, APPROPRIATE FOR YOUR NEEDS, OR ACCEPTABLE TO YOU. This DISCLAIMER has no bearing on your legal rights against a third-party seller. When an approved third party is engaged in a transaction, we will tell you by email at the address you supplied, and we may share your personal information connected to that transaction to the approved third party.
14 day cooling off period / right to return
- You have 14 days from the day we deliver the Product(s) to terminate the Contract and return your items for any reason, unless we indicate that alternative terms and circumstances apply, such as if you use the Trade-In Program, in which case the specified terms and restrictions will apply.
- It is your responsibility to treat the Product(s) with reasonable care before returning them to us. The Product(s), including with any packaging, manuals, accessories, free products, and other components, must be returned in a fair condition. In this event, in accordance with our Returns Policy, you will receive a full refund of the price you paid for the Products.
You may contact us to cancel the Contract by visiting the Hanley Online Store, sending an email, or calling the Customer Care Team (details are available here: Contact Us) You will then be given instructions on how to return or arrange for the Product’s collection (s). Please note that we can only collect Products for free from the original delivery address, and returns will only be accepted from South African addresses. While the Products are in your possession, you have a legal obligation to take reasonable care of them. We may have a right of action against you for compensation if you fail to comply with this commitment.
You have a statutory right to cancel the Contract if you are a consumer. The Delivery Confirmation contains information on this statutory right and your right to cancel, as well as our Returns Policy. The 14-day right to return a Product outlined in this section is in addition to and unaffected by your statutory consumer rights.
If your product is defective, please see the Returns Policy section below.
5.1 To request a return, you may contact us via the Hanley Online Store, by email, by telephoning the Customer Care Team (details are available here: Contact Us)
5.2 Requirements for Product return;
5.2.1 A Product return request will only be processed if all the information and documentation required by us is provided by you, such as –
188.8.131.52 Full Model Number of the Product you would like to return
184.108.40.206 Serial Number or IMEI Number of the Product you would like to return
220.127.116.11 Condition of the Product you would like to return and nature of defect of the Product you would like to return
18.104.22.168 Proof that you bought the Product e.g. tax invoice, credit card confirmation
5.3 Before Hanley Brand approves your return request, Hanley Brand or an agent chosen by Hanley Brand will inspect the Product you wish to return at your location, or Hanley Brand or its agent will collect the Product from you so that it can be inspected at the location of a nominated accredited Hanley pre-inspection agent.
5.4 Hanley Brand will carry out the following check during the inspection –
5.4.1 Physical Assessment: whether the Product you would like to return is in “as new” condition – i.e. not damaged or overly worn-out from use
5.4.2 Warranty Assessment: whether the Product you would like to return is faulty and if it satisfies Hanley Brand’s standard warranty conditions
5.4.3 Hacking or Rooting: checking defects related to the rooting or hacking of the Product you would like to return;
5.4.4 Full Function Assessment: whether the Product you would like to return has operational and technical discrepancies
5.4.5 Accessory Assessment: whether the Product you would like to return is returned complete with its original packaging, all accessories, manuals and consumables
5.4.6 Liquid Ingress Assessment: whether the Product you would like to return has been damaged by having come into contact with a liquid e.g. water damage
5.5 Return Period
The Product return period for technical defects is fourteen calendar days, which starts on the date on which you received the Product.
5.6 All Products you would like to return must be returned in the original packaging and must include all components, accessories and manuals.
Availability, Delivery and Installation
1. We can deliver to any physical address in South Africa.
2. The Product(s) will be delivered to the address you mention in your order. If no one is there to accept and sign for the Products, we shall not deliver them to your delivery address. If you have not received the Product(s) within the Dispatch Confirmation’s estimated delivery period, please contact us via the Hanley Online Store, by email, or by calling the Customer Call Centre (details are available here: Contact Us).
3. Please keep in mind that pre-order Product delivery schedules are estimates that may alter due to manufacture or transportation delays. Any delays in the delivery of pre-ordered Products will be communicated to you through email at the address you supplied in advance.
4.1. Unless we clearly state that installation is included in the purchase price or that installation of the Product can be ordered during the checkout process, the purchase and delivery of a Product does not include any installation of that Product. Any installation service is subject to the following terms:
(a) We offer installation across South Africa.
(b) Any installation service provided is supplied by a third party installer authorised by Hanley Brand and is subject to the third party’s availability.
(c) Following your purchase of a Product and an installation service at checkout, we will call you on the number you provided to us to schedule an appointment for the installer to install the Product at your chosen physical address.
(d) The installation will only take place if an adult is present at the chosen address at the scheduled appointment time, to allow the Hanley Brand approved installer entry to the chosen physical address and who will be expected to sign for the completed installation. Please note that the installer will not wait for more than 10 minutes past the scheduled appointment time, following which you will need to reschedule a new appointment at an additional cost to you.
(e) Where the installer fails to carry out any installation service because there is no electricity and/or no internet connection, no water supply for laundry and dishwashers or where there is any other interference or hindrance at the chosen physical address, you will need to reschedule a new appointment with the installer at an additional cost to you.
(f) If you need to reschedule your appointment, or have a problem with the installation service performed for you, please telephone the Customer Call Centre (details are available here: Contact Us).
(g) If you think that the installation service performed by the installer has not been performed in accordance with your statutory rights, then, subject to (h) below, you will have the option to select a repeat installation service or request a full refund for the installation service purchased. We will process a refund due to you as soon as possible and, in any case within 14 days of the day we confirmed to you that you were entitled to a full refund. We will refund you in the same way using the same method you used to purchase the installation service.
(h) We reserve the right to check and verify any claim you make about an issue with the installation service you received. If we discover that the problem is due to: I your instructions to us or the installer were contrary to our or the installer’s advice; (ii) you misused, neglected, physically damaged, tampered with, or incorrectly adjusted the Product before, during, or after installation; or (iii) normal wear and tear, we reserve the right to refuse to issue a full refund or to seek compensation from you if we perform a repeat installation service. This has no bearing on your legal rights.
I If you would like to return a product(s) that has/have been installed, you will have to arrange for the Product(s) to be uninstalled at your cost. If you wish to exchange a Product that has been installed, you will have to arrange for the Product to be uninstalled at your cost and you will be required to purchase a new installation service for that Product if you would like an installer to install the Product for you. This does not affect your statutory rights.
4.2. Restrictions on installation service can be found at (Contact Us). Please ensure that you click on the link and that you familiarize yourself with what these restrictions are.
Risk and Title
- The Products will be your responsibility from the time of delivery.
2. Ownership of the Product(s) will only pass to you on the later of either i) delivery or ii) when we receive full payment of all sums due in respect of the Products, including delivery and installation charges (where applicable).
3. By signing for your order it is an acknowledgement of delivery and receipt of the Products ordered(s).
Price and Payment
- The price of the Products will be as quoted on the Hanley Online Store from time to time, except in cases of an obvious error. Product prices include VAT at the legal prevailing rate. The price quoted on the Hanley Online Store for Products excludes delivery and installation charges which are quoted separately on the Hanley Online Store.
2. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of Products for which we have already sent you an order confirmation. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price
3. Payment for all Products must be made either by credit, debit card or Mobicred and is collected on our behalf by PayFast (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. We accept card payment by Visa Debit, Visa Credit, Mastercard and American Express. A payment by credit or debit card will only be charged at or shortly after the time you place your order for the Product and if applicable, the installation service
- Customer details will be stored by Hanley Brand separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za.
Hanley Brand Products come with a manufacturer’s guarantee in addition to your rights under the Contract and your statutory rights. The manufacturer’s warranty information can be found in the documentation that came with the Product you bought. In order to benefit from the manufacturer’s guarantee or any extended warranty, you may be needed to register as the purchaser and owner of the Product.
- Nothing in these terms and conditions excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by the Consumer Protection Act No. 68 of 2008;
(d) our obligations in respect of defective products under the Consumer Protection Act No. 68 of 2008;
(e) any deliberate breaches by us of these terms and conditions that would entitle you to terminate the Contract; or
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
2. Subject to the provisions 1(a) to 1(f) of this section above and 3(a) to 3(g) of this section below, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions and are directly attributable to the failure to comply with these terms and conditions.
3. Subject to 1(a) to 1(f) of this section above, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income, goodwill or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time or
(g) indirect, consequential, punitive or special loss or damage.
However, this will not prevent claims for (i) economic loss resulting from death or injury caused by the Products purchased on the Hanley Online Store, (ii) loss of or damage to your physical property that are foreseeable or (iii) direct loss that are not excluded by categories 3(a) to 3(g) of this section above.
Some of the information or communications we send to you must be in writing due to applicable laws. You agree to communicate with us electronically when you use the Hanley Online Store and the Hanley Brand website. We will contact you via e-mail or post notices on the Hanley Online Store or the Hanley Brand website to provide you with information. You consent to this electronic mode of communication for contractual reasons, and you recognize that all contracts, notices, information, and other communications that we deliver to you electronically satisfy any legal need that such communications be in writing. This condition has no bearing on your legal rights.
You must send any formal notices to Hanley Brand Pty Ltd, which is located at 141 Witch-Hazel Ave, Highveld Techno Park, Centurion, 0169. We may provide you notice at the e-mail or postal address you indicate when placing an order, or in any of the ways described above under ‘Written Communications.’ When notice is placed on the Hanley Brand website, 24 hours after an e-mail is issued, or ten days after the date of posting of any letter, it is regarded received and properly served immediately. To establish service of any notice, it will be sufficient to show that the letter was properly addressed, stamped, and placed in the mail, or that an e-mail was sent to the addressee’s designated e-mail address, in the case of a letter.
Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract
Events outside our control
- We will not be liable or responsible for any failure to perform, or for the delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event“).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks
(f) the acts, decrees, legislation, regulations or restrictions of any government;
(g) failure of continuous electrical supply;
(h) acts of sabotage;
(i) pandemic or an epidemic.
- Our performance under the Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Should the Event of Force Majeure continue to prevent or restrict us from fulfilling our obligations for more than 60 (sixty) days after on which the Force Majeure Event first occurred, then you will be entitled to terminate the Contract with us by giving us not less than 30 (thirty) days written notice to that effect.
- If we fail, at any time during the term of the Contract, to insist upon the performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights and/or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default by you will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the ‘Notices’ section above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time by posting them on our website.
2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us in writing that you do not accept the change to the terms and conditions within seven working days of receipt by you of the Products).
The Hanley Online Store
- We own or are licensed users of all intellectual property rights in and to the Hanley Online Store and all material and content on the Hanley Brand website. You may use the Hanley Online Store, the Hanley Brand and the materials and content on the Hanley Online Store and on the Hanley Brand website for personal, non-commercial use only. All other use (including reproduction, re-engineering, deconstruction etc.) of the Hanley Store, the Hanley Brand website and materials or content thereon is strictly prohibited.
2. The Hanley Online Store and the Hanley Brand website are provided on an ‘as is’ and ‘as available’ basis without any representations as to appropriateness or suitability and we make no warranties of any kind, whether express or implied, in relation to the Hanley Online Store and the Hanley Brand website. We make no warranty that the Hanley Online Store and the Hanley Brand website will meet your requirements or will be uninterrupted, timely or error-free or that the Hanley Online Store and Hanley Brand website or the server(s) that makes them available are free of viruses, errors, faults or bugs.
3. While we endeavour to ensure that the Hanley Online Store and Hanley Brand website is available 24 hours a day, we cannot provide any assurances in this regard and will not be liable if for any reason the Hanley Online Store and Hanley Brand website are i unavailable at any time or for any period. Access to the Hanley Online Store and Hanley Brand website may be suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out above.
Data protection and privacy
Third party rights
A person who is not party to these terms and conditions or the Contract shall not have any rights under or in connection with them.
Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by South African law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of South Africa.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variation/s of these terms and conditions to be confirmed in writing.