1. Introduction

1.1  We, Nami Investments (PTY) Ltd trading as “MY POOL THINGZ”, Registration Number: K2016258242, with our physical address at 11 Protea Road, Cloetesville, Stellenbosch, Western Cape, 7600, and contactable via email at info@mypoolthingz.co.za or by phone at +27 69 622 7870, hereinafter referred to as “My Pool Thingz”, govern the supply of any Products ordered by you on our website www.mypoolthingz.co.za. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.

1.2 These Terms and Conditions shall apply to all Orders and Contracts concluded by or with My Pool Thingz for the sale and/or supply of Products. When you submit an Order to My Pool Thingz, give any delivery instruction or accept delivery of any Products, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights.

1.3 In these Terms and Conditions:

1.3.1 Definitions:

a) “Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;

b) “Acknowledgement” means our acknowledgement of your Order by email;

c) “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;

d) “Confirmation of Order” means our email to you, in which we accept your Order in accordance with clause 4.7 below;

e) “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.7 below;

f) “Customer” means individual who places an Order on the Site;

g) “Liability” has the meaning given to it in clause 9 of these Terms and Conditions;

h) “Order” means the order submitted by you to the Site to purchase a Product from us;

i) “You” means the Customer who places an Order;

j) “We” means My Pool Thingz as described above;

1.3.2 Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;

1.3.3 Words imparting the singular shall include the plural and vice versa.

1.3.4 Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;

1.3.5 References to “includes” or “including” or like words or expressions shall mean without limitation. These Terms and Conditions are our copyrighted intellectual property and any use by third parties, even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action.

1.3.6 References to “clauses” are to clauses of these Terms and Conditions;

2. Your Status

To place an order with My Pool Thingz you must be 18 years or older.

3. Effect

3.1 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or verbally, are expressly waived and excluded.

3.2 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by the authorised person at My Pool Thingz.

4. How a Contract is Formed 

4.1 When placing an Order, you must register for an Account on the Site as detailed in clause 10, and you must follow the instructions on the Site as to how to place your Order and for making changes to your prospective Order before you submit it.

4.2 Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on the Site) together with the charges you must pay including shipping  if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa. Subject to clause 4.10 below, this is the total that you will pay for receipt of the ordered Product.

4.3You shall pay for the Product by the following payment method, subject to My Pool Thingz. discretion:

4.4 When you submit an Order to the Site, you agree that you do so subject to the latest Terms and Conditions available on the Site at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit an Order.

4.5 Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.

4.6 We shall not be obliged to supply the Product to you unless We have accepted your Order (by issuing a Confirmation of Order). Unless expressly stating that We accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or We may offer you an alternative Product (in which case we may require you to re-submit your Order first).

4.7 A Contract shall be formed, and We shall be legally bound to supply the Product to you when We accept your Order, unless performance becomes impossible for a reason beyond Our control. Acceptance shall take place when We expressly accept your Order by email in the form of a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by My Pool Thingz.. Without affecting your obligation to pay us earlier, We may send an invoice to you at any time after We have accepted your Order. Until the time when We accept your Order, We reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If your Order is cancelled, either by you or by My Pool Thingz., before We have accepted the Order, then We will promptly refund any payment already made to us, by you or your credit or cheque card company, in respect of the cancelled Order.

4.8 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please whatsapp +27 69 622 7870 or email info@mypoolthingz immediately. However, My Pool Thingz. cannot guarantee that We will be able to amend your Order in accordance with your instructions.

4.9 We will, at all times do our utmost best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by My Pool Thingz. as part of our acceptance procedure. If the price for the Order changes before we accept your Order, We will contact you and ask you to confirm whether you wish to proceed at the amended price.

4.10 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until We have sent a Confirmation of Order in relation to those Products.

4.11 You must only submit to My Pool Thingz., or our agent or the Site, information which is accurate and not misleading and you must keep it up to date and inform us of changes.

5. Delivery/Collection

In keeping with our company values of supporting local communities, we have teamed up with local partners to provide the delivery services for our online store. This way we are contributing back to the communities around our stores and thus helping create and maintain employment at a time where banding together has never been as important.

SHIPPING AREAS AND TIMES

EXPRESS DELIVERIES ( NEXT DAY DELIVERY)

• At present we support EXPRESS delivery via our own delivery logistics to all EAST RAND suburbs.
• The EAST RAND region extends from Germiston in the west to Springs in the east, and south down to Nigel and Heidelburg , and includes the towns of Boksburg , Benoni , Brakpan , Kempton Park , Edenvale , and Bedfordview .
  • Should you reside outside the EAST RAND AREA but would still like EXPRESS delivery, please contact sales@mypoolthingz 0r Whatsapp +27 69 622 8166  to get a quote for delivery to your area
• We only deliver to physical addresses where someone is present to receive the delivery
• Deliveries are made during working hours (9am to 4:30pm) Monday to Friday
• Orders placed by 12pm are eligible for delivery on the next working day. As an indication:
  • Orders placed on Monday to Thursday will be available for delivery the next day
  • Orders placed on Friday will be available for delivery on the following Monday
  • Orders place on Saturday/Sunday will be available for delivery on Tuesday
• You may also elect an alternative day for delivery should you so wish. This can be done when you are contacted by the despatcher to confirm your delivery time.
• We will contact you the day before to confirm delivery and also to ask you to advise a preferred time slot for delivery
  • We will do our best to get our delivery partner to accommodate your preferred time slot, but in certain cases it may not be possible due to time constraints and routings. In this case, the distribution partner will contact you directly to confirm a new delivery time on the morning of the delivery

STANDARD DELIVERIES ( 2-5 working days DELIVERY)

Stock is shipped to you from our WAREHOUSE to all areas of SOUTH AFRICA excluding EAST RAND TOWNS via a COURIER SERVICE partner or subcontractor. Should you require faster delivery time , please contact sales@mypoolthingz 0r Whatsapp +27 69 622 8166  to get a quote for delivery to your area.

Additional delivery costs for above must be pre paid before a delivery can commence ,an invoice will be be sent via e mail and a yoco link or banking details will be presented for payment.

Stock availability

• Stock is shipped to you from our WAREHOUSE (situated in Gauteng East Rand) after packaging of  your order and despatching via our own delivery logistics or a courier subcontracting service. The general availability of the stock at the warehouse is indicated on the website at the time of placing your order
• We do our best to ensure that stock purchased on-line is available in the warehouse and that we are able to fulfil your order. However, we cannot guarantee this. If a product is no longer in stock at the time the order is received for dispatch picking:
  • We will inform you as such
  • We will give you an indication of when we will be able to deliver the completed order
  • You will have option to accept this or to modify your order accordingly
    • If you choose to accept the new delivery time, we will reconfirm with you  and schedule the delivery
    • If you choose to modify the order (remove an out of stock item or substitute it), the sales consultant will ensure that this is done so that your delivery will not be delayed. If necessary, they will also guide you with processing any additional payment or process any refunds due to you as a result of such modification (as per our refunds and returns policy)

Delivery Fees

• Delivery fees are charged based on order value
  • Orders UNDER R999.99
    • Between R69.00 and R180.00 for all deliveries
  • Orders OVER R999.99
    • Free delivery
• If you contact us and we are able to accommodate delivery to an area outside our normal delivery zones, you will be quoted a specific rate for the delivery at the time of booking the delivery.

Delivery

• We undertake to deliver your order to you on time. However:
  • We cannot guarantee time slots. While we will always try to honour your requested time slot, route and time scheduling might mean that a time slot has to be shifted and we hope you understand. Should we find this happening too often we will increase delivery capacity to rectify this
  • You will need to provide us with your accurate delivery address to ensure that we get the order to where it should be. If need be, add some additional info to the comments section on checkout in cases where delivery might not be straight forward
  • You will need to make sure that you or a person you designate are present to receive the order at the time slot agreed
• Despatch /Courier will confirm telephonically or via whatsapp with you delivery time , and if this subsequently changes due to route planning, will re-contact you to advise/confirm the new time slot
• You will be provided with your deilvery note on delivery of the order. You can however, still access all your historical order details from the “My account” section of the website
• On delivery, we will require you to confirm delivery by signing a proof of delivery. Please check your order received to confirm it is per your online order
  • As a result of the current COVID-19 pandemic, Proof of delivery can be given verbally to our delivery partner who will note this on the proof of delivery document.
• We can’t be held liable for attempted deliveries we duly execute based on your instructions and information provided. As such, should ONE (1) ADDITIONAL attempt be made to execute delivery at your designated delivery address, and fail, we will take the stock back to the WAREHOUSE, where:
  • A new future delivery date can be arranged at an ADDITIONAL COST to you
  • Additional delivery costs for above must be pre paid before a delivery can commence ,an invoice will be be sent via e mail and a yoco link or banking details will be presented for payment.

Click and Collect (Pick up)

Order online and your parcel will be packed and ready to collect at our  SUPPLY PARTNER collection point (FREEWAY PARK BOKSBURG).

How does click & collect work?

1. Shop online and select the PICK UP delivery method when you check out.
2. Once you have placed your order, you will receive an email confirming your order details.
3. You will receive an WHATSAPP to confirm that your order is ready for collection .
4. The WHATSAPP MESSAGE will include a unique order Q R CODE OR BARCODE . To collect your order at our new Boksburg collection point, simply present your Q R CODE OR BARCODE at the collection point. 

Please do not arrive at the collection point to collect your order until you have received your confirmation WHATSAPP as your order may not be ready for collection. (NO COLLECTION ON SUNDAY’S OR PUBLIC HOLIDAYS)

How much does the click & collect service cost?

The click & collect service is FREE .

Which stores offer the click & collect service?

168 KINGFISHER AVENUE

FREEWAY PARK

BOKSBURG

1459

+27 69 622 8166

When can I collect my order?

Click And Collect orders are usually available within 2 HRS OF PLACING AND CONFIRMING ORDER ON-LINE for collection. You will receive an WHATSAPP MESSAGE when your order has been packed and is ready for COLLECTION.

6. Cancellation 

6.1 We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and My Pool Thingz., in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.

6.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product, unless otherwise agreed between you and My Pool Thingz..

7. Cancellation by Customer (Non-faulty Product)

If you decide to change your decision or wish to cancel your order, you have the option to return the goods purchased online. In case you are dissatisfied with your purchase, you have a period of 7 days starting from the day you received your order to return it. The goods must be in unused condition and still in their original sealed packaging. Please note that you may be responsible for the direct expenses associated with returning the goods. It is important to be aware that all returned items will undergo an inspection process to determine their eligibility for a refund.

Furthermore, please be advised that My Pool Thingz. reserves the right to apply handling or service fees, as well as restocking fees, including any charges incurred for items that were originally shipped free of charge.

8. Faulty Products 

8.1 We warrant that:

8.2 The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.

8.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.

8.4 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.

8.5 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:

8.6 If you would like My Pool Thingz. to replace (if reasonably possible eg. if product is still available or could easily be obtained by My Pool Thingz.) or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:

8.7 Special conditions and procedure for returns of defective products will apply, as set out in our Returns Policy. The special conditions are in line with the requirements of the Consumer Protection Act 68 of 2008.

9. Limitation of Liability

9.1 This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:

9.2 We will at all times do our utmost best to ensure that all information displayed on the Site and in any communications from My Pool Thingz. is accurate, however, should any inaccurate information be published by My Pool Thingz. (ie. incorrect Product description or price), despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.

10. Security

Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that MY POOL THINGZ suffers any damage or loss.

You agree and warrant that your log-in name and password shall:

a) be used for your personal use only; and

b) not be disclosed to any third party.

You allow My Pool Thingz. to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. All payment made through our authorised online payment vendor are subject to their security features and encryption.

11. Guarantee and Complaints Management

11.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.

11.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.

11.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that We assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five (5) Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.

12. Data protection

Please see our Privacy Policy, which forms part of these Terms and Conditions.

13. Circumstances Beyond our Control (force majeure clause)

13.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.

13.2 Either you or My Pool Thingz may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor My Pool Thingz shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).

13.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

14. Notices

14.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in clause 16 of these Terms and Conditions.

14.2 Any notice given by post shall be deemed to have been served seven (7) Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

15. Governing Law and Jurisdiction This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the clause 18 of these Terms and Conditions, you and Nami Investments (PTY) Ltd trading as “MY POOL THINGZ” submit to the jurisdiction of the South African courts.

16. Disputes

Disputes between you and Nami Investments (PTY) Ltd trading as “MY POOL THINGZ”:

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Nami Investments (PTY) Ltd trading as “MY POOL THINGZ” on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Nami Investments (PTY) Ltd trading as “MY POOL THINGZ”, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from https://www.arbitration.co.za/downloads/expedited_rules.pdf

17. Address for Notices

Nami Investments (PTY) Ltd trading as “MY POOL THINGZ” chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:  11 Protea Road, Cloetesville, Stellenbosch, Western Cape, 7600, with a copy to info@mypoolthingz.co.za (the sending of such copy being required in order for any notice to be considered validly delivered to Nami Investments (PTY) Ltd trading as “MY POOL THINGZ”).

18. Advertising on the Site

We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site, published by the Advertising Standards Authority. All photography is for illustrative purposes only and specific styles are not necessarily stocked.