TERMS OF USE AND ONLINE PRIVACY POLICY

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1. Introduction

These Terms of Use, incorporating our Privacy Policy (Terms), govern you (the Customer) access to and use of the Paint Trade website (www.painttrade.co.za), including the viewing of products, product information, promotional material, pricing where displayed, store information and any enquiry or contact services made available through the Website.

The Website is not an online store or e-commerce platform. Paint Trade does not sell products, process orders or accept payments through this Website.

Products displayed on the Website are provided for informational, promotional and catalogue purposes only. Purchases must be concluded directly with an authorised Paint Trade store or through an authorised Paint Trade sales representative or payment channel.

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2. About Us

The Website is provided and operated by Paint Trade (Pty) Ltd

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3. Acceptance of These Terms

These Terms constitute a legally binding agreement between you and Paint Trade in relation to your use of the Website.

By accessing, browsing or using the Website, you acknowledge that you have read, understood and agreed to these Terms.

If you do not agree with these Terms, please refrain from using the Website.

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4. Nature and Purpose of the Website

The Paint Trade Website is provided primarily as an informational, promotional and product catalogue platform.

Products, prices, promotions, specifications, colours, images, availability and other information displayed on the Website are intended to assist customers in making enquiries and purchasing decisions.

No product displayed on the Website may be purchased directly through the Website.

The display of a product, price, promotion or other information on the Website does not constitute an offer by Paint Trade to sell that product through the Website.

All purchases must be concluded separately through an authorised Paint Trade store, authorised sales representative or other payment method expressly approved by Paint Trade.

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5. No Online Orders or Payments

Paint Trade does not accept orders, credit card payments, EFT payments or any other form of payment directly through the Website.

Customers should not enter banking, credit card or payment information into any page, form or interface appearing on the Website unless Paint Trade has expressly confirmed that the payment channel is authorised.

If any checkout, shopping cart, payment facility, payment link, order confirmation or similar functionality becomes accessible through the Website as a result of a technical error, third-party integration, outdated functionality, system malfunction or other unintended circumstance, such functionality must not be regarded as an authorised Paint Trade sales or payment channel.

The appearance or availability of such functionality does not, by itself, create a valid order, sale or agreement of sale between the customer and Paint Trade.

Customers who encounter such functionality should contact Paint Trade before submitting any payment or payment information.

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6. Unauthorised Payments and Fraud

Paint Trade will never require customers to make payment through an unauthorised website, unknown payment gateway, suspicious link or account that has not been confirmed as an authorised Paint Trade payment channel.

Customers are responsible for verifying payment instructions where there is any uncertainty regarding their authenticity.

To the extent permitted by applicable law, Paint Trade cannot accept responsibility for payments voluntarily made to fraudulent websites, impersonators, unauthorised third parties or payment channels that have not been approved or confirmed by Paint Trade.

If you are uncertain about any payment request claiming to originate from Paint Trade, please contact Paint Trade directly before making payment.

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7. Product Information

Paint Trade takes reasonable steps to ensure that product information displayed on the Website is accurate and up to date.

However, product descriptions, specifications, packaging, availability, promotions and prices may change without notice.

Images displayed on the Website are for illustrative purposes. Actual product packaging and appearance may differ from images displayed online.

Paint colours displayed digitally may also vary depending on screen type, device settings, lighting and display calibration. Customers should therefore consult physical colour samples where colour accuracy is important.

E&OE (Errors and Omissions Excepted).

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8. Pricing and Promotions

Where prices or promotional offers are displayed on the Website, they are provided for informational purposes and may be subject to availability, participating stores, promotional periods and other applicable terms and conditions.

Displaying a price on the Website does not constitute an online offer or create an entitlement to purchase the relevant product through the Website.

Paint Trade reserves the right to correct genuine pricing, typographical or publishing errors, subject to applicable South African law.

Unless otherwise stated, promotions are available while stocks last.

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9. Purchases from Paint Trade Stores

Purchases concluded directly with Paint Trade stores or authorised representatives may be subject to additional terms relating to payment, collection, delivery, returns, refunds, specially mixed products and other conditions of sale.

Those terms will apply to the relevant transaction in addition to any rights customers may have under applicable South African law.

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10. Returns and Specially Mixed Paint

Returns and refunds relating to products purchased from Paint Trade are subject to Paint Trade's applicable returns policy and South African consumer protection legislation.

Certain products, including paint that has been specially mixed, tinted, altered or prepared according to a customer's specifications, may be subject to restrictions on returns or refunds where permitted by law.

Customers should confirm the applicable return conditions with the Paint Trade store before purchasing specially prepared or mixed products.

Nothing in these Terms is intended to exclude or restrict any consumer right that cannot lawfully be excluded under South African law.

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11. Website Enquiries

Where the Website allows customers to submit an enquiry, request information, request a quotation or contact a Paint Trade representative, submitting such a request does not constitute an order or purchase.

Any resulting sale must be separately agreed and concluded through an authorised Paint Trade sales channel.

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12. Electronic Communications

By contacting Paint Trade through the Website or providing your contact information, you consent to Paint Trade responding electronically where appropriate.

This may include communication by email, telephone, SMS, WhatsApp or other communication channels selected by you or reasonably necessary to respond to your enquiry.

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13. Marketing Communications

Paint Trade may send promotional or marketing communications where you have provided the necessary consent or where otherwise permitted by applicable law.

You may unsubscribe or withdraw your consent to direct marketing communications using the unsubscribe mechanism provided or by contacting Paint Trade.

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14. Third-Party Websites and Services

The Website may contain links to third-party websites, social media platforms, manufacturers, suppliers or other external services.

Paint Trade does not control these third-party websites and is not responsible for their content, security, privacy practices or availability.

A link appearing on the Paint Trade Website does not necessarily mean that Paint Trade endorses or accepts responsibility for the third-party website or service.

Customers should exercise caution before submitting personal or payment information to any external website.

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15. Use of the Website

You agree to use the Website only for lawful purposes.

You may not:

• interfere with or attempt to disrupt the operation or security of the Website;

• attempt to gain unauthorised access to the Website, servers or related systems;

• impersonate Paint Trade or any Paint Trade employee or representative;

• use automated systems to extract Website data without permission;

• introduce malicious software, viruses or harmful code;

• reproduce or exploit Website content without permission; or

• use the Website for fraudulent, unlawful or misleading purposes.

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16. Intellectual Property

Unless otherwise indicated, all intellectual property appearing on the Website, including trademarks, logos, graphics, photographs, text, designs and other content, belongs to Paint Trade, its suppliers, manufacturers or licensors.

No Website content may be reproduced, distributed, modified or commercially exploited without the appropriate owner's prior permission, except where permitted by law.

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17. Website Availability

Paint Trade aims to keep the Website available and functioning correctly but does not guarantee uninterrupted or error-free access.

The Website may occasionally experience technical problems, incorrect information, broken links, outdated functionality or temporary service interruptions.

Paint Trade may modify, suspend or remove Website functionality without prior notice where reasonably necessary.

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18. Technical Errors and Unintended Functionality

Although Paint Trade takes reasonable steps to maintain the Website, technical errors may occur.

Any shopping cart, checkout facility, payment gateway, payment request, online order facility or similar e-commerce functionality appearing on the Website contrary to these Terms should be treated as unintended functionality unless expressly confirmed by Paint Trade as an authorised service.

Customers should not make payment through such functionality without first obtaining confirmation from Paint Trade.

The mere generation of an automated email, order number, invoice, confirmation screen or other system-generated notification does not necessarily constitute Paint Trade's acceptance of an order or confirmation of a valid transaction.

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19. Disclaimer and Limitation of Liability

Paint Trade takes reasonable steps to ensure that the Website is accurate, secure and functional.

However, to the maximum extent permitted by applicable law, Paint Trade does not guarantee that the Website will always be uninterrupted, error-free or completely free from technical defects.

Paint Trade will not be liable for indirect or consequential losses resulting from the use of the Website except where such liability cannot lawfully be excluded or limited.

Nothing contained in these Terms is intended to exclude, restrict or waive any rights or remedies afforded to consumers under applicable South African legislation where those rights cannot lawfully be excluded.

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20. Privacy Policy

Paint Trade respects your privacy and processes personal information in accordance with applicable South African data protection legislation.

We may collect personal information when you:

• submit an enquiry;

• request a quotation;

• contact one of our stores;

• subscribe to marketing communications;

• complete a Website form; or

• otherwise voluntarily provide information to us.

Information collected may include your name, email address, telephone number, location or other information reasonably necessary to respond to your enquiry or provide requested services.

Paint Trade does not require or intentionally collect banking or credit card information through this Website for the purpose of online purchases.

If you encounter a Website page requesting payment information unexpectedly, please do not submit the information and contact Paint Trade.

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21. Use of Personal Information

Personal information may be used to:

• respond to enquiries;

• provide quotations or product information;

• communicate with customers;

• provide customer support;

• improve our Website and services;

• comply with legal obligations; and

• send marketing communications where permitted.

Paint Trade will take reasonable measures to protect personal information against unauthorised access, loss, misuse or disclosure.

Personal information may be processed by service providers assisting Paint Trade with hosting, communications, analytics or other legitimate business functions, subject to applicable legal requirements.

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22. Cookies and Website Analytics

The Website may use cookies and similar technologies to improve functionality, analyse Website usage and understand how visitors interact with the Website.

Where required, visitors may be given options regarding the use of non-essential cookies.

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23. Your Personal Information Rights

Subject to applicable law, you may request access to, correction of or deletion of personal information held by Paint Trade.

You may also object to certain processing activities or withdraw consent where processing is based on consent.

Requests relating to personal information may be directed to Paint Trade using the contact information provided below.

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24. Changes to These Terms

Paint Trade may amend these Terms from time to time to reflect changes to the Website, business operations or applicable legal requirements.

The latest version will be published on the Website together with an updated revision date.

Continued use of the Website following publication of updated Terms constitutes acceptance of those Terms to the extent permitted by law.

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25. Governing Law

These Terms and your use of the Website are governed by the laws of the Republic of South Africa.

Any dispute relating to the Website or these Terms will be dealt with in accordance with applicable South African law.

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26. Contact Details

Questions relating to these Terms, the Website, suspected fraudulent payment requests or privacy matters may be directed to:

Paint Trade (Pty) Ltd
Email: info@painttrade.co.za

If you receive a suspicious payment request, order confirmation or communication claiming to originate from Paint Trade, please contact us directly before making any payment.

Paint Trade (Pty) Ltd
E&OE. Terms & Conditions Apply.