This website www.lavafires.co.za is operated by Lava Fires, a division of Light Point Manufacturing cc. The Website Terms and Conditions govern the ordering, sale and delivery of goods and the use of the Website. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website. By using the Website or by ordering a product you acknowledge that you have read and agree to be bound by these Terms and Conditions.
If you have any questions regarding our website, the Terms and Conditions or about products, please contact us as soon as possible. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Lava Fires in terms of the CPA. Lava Fires permits the use of this Website subject to the Terms and Conditions.
The prices displayed on this site are quoted in South African Rands exclusive of Value Added Taxation (‘VAT’). Prices do not include delivery charges.
Lava Fires may accept or reject orders placed on the Website depending on stock availability, correctness of the information relating to the goods (including without limitation the price), accuracy or completeness of the information supplied by you.
Lava Fires will indicate the acceptance of your order by sending you a confirmation email stating that your order has been accepted and payment has been received. Should we not be able to meet our standard manufacturing lead time of 2 to 3 weeks we will notify you within 2 (two) days of receiving the order/payment and will advise on a revised delivery date. If you elect to cancel your order, we will reimburse you for the purchase price.
Should your order be rejected, Lava Fires will notify you by email, giving a reason for the cancellation and as soon as possible thereafter, refunding you for any amount already paid.
Note – should there be an interruption in the purchase process as a result of a technical fault with the Website or loss of connectivity, Goods placed in the shopping basket will be cancelled and removed.
Lava Fires is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. Payment can be made to us in any one of the following ways:
Credit card/ Debit card: where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled.
Direct bank deposit or Electronic funds transfer (EFT): Where payment is made by bank deposit or electronic funds transfer (EFT), you must: i) pay the exact amount as stated on the order receipt; ii) the payment must be identified by supplying the order number as a reference iii) proof of payment must be sent; iv) make payment within 2 (two) days of placing your order. Lava Fires will not execute the order until receiving confirmation that payment has been received and the money is reflecting in our bank account; v) payment can take up to 3 working days to reflect in our bank account.
Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
DELIVERY & COLLECTION OF GOODS
Lava Fires offers one method of delivery of Goods – via standard road freight, using an external courier company. Deliveries can either be made Door-2-Door or alternatively Goods can be dispatched to a specified pickup Depot of the Courier’s company where customers can go and collect at their convenient time. Delivery charges apply.
Please refer to details of our delivery and collection terms and conditions below DELIVERY & COLLECTION.
ERRORS ON WEBSITE
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
We respect your privacy and take privacy seriously.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
Information regarding the operating systems, browsers and IP origins of the users of this website is collected for statistical reporting purposes. No personal information regarding the users of this website is obtained aside from that which is freely given by the user. This information, namely email addresses and cellphone numbers, will not be given or sold to any third parties and will be used solely for the purposes of sending communication / newsletters via them. You have the option to opt out at any time by replying ‘STOP’ to the e-mails that we send you.
When subscribing to our newsletter, you consent to receive communications from us via email. You will be able to, at all times, opt out of this form of communication. All online credit card payments are processed by Pay U.
GENERAL LEGAL TERMS
Lava Fires may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes.
Ownership and copyright – The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Lava Fires, its advertisers and/or sponsors and/or is licensed to Lava Fires.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Lava Fires takes reasonable measures to ensure that the content of the Website is accurate and complete, Lava Fires makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
Lava Fires disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of Lava Fires, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Lava Fires also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Lava Fires, its employees, agents or authorised representatives. Lava Fires thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
LIMITATION OF LIABILITY
Lava Fires cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Lava Fires, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to email@example.com or by contacting 021 510 3896.
Lava Fires SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE. YOU HEREBY INDEMNIFY LAVA FIRES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
AVAILABILITY AND TERMINATION
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
Lava Fires may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Lava Fires will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Lava Fires, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Lava Fires hereby selects 266 Voortrekker Road, Maitland, 7405 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Lava Fires may change this address from time to time by updating these Terms and Conditions.
You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Lava Fires not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
by hand will be deemed to have been received on the date of delivery; by prepaid registered post, will be deemed to have been received 10 days after the date of posting; by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
Lava Fires may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Lava Fires to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Lava Fires and no other warranty or undertaking is valid, unless contained in this document between the parties.
We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair, replace it or refund you, subject to the terms below. This policy applies to products bought from Lava Fires.
This policy forms part of the Lava Fires Terms and Conditions and words defined in the Terms and Conditions have the same meaning in this policy unless the context indicates otherwise. Nothing in this policy is intended to limit your statutory rights in any way.
In general, you can return an unwanted product to us at no charge, provided:
it is undamaged and unused, with the original labels and stickers still attached;
it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable). Please refer to our FAQs for some examples;
it is not missing any accessories or parts;
it is not listed in section 2 – Products not eligible for return; and
you log a return on the Website within 7 days of delivery to you or collection by you of the unwanted product. After 7 you can only return a product if it is defective within 6 months from delivery to or collection by you.
We will collect the product from you at no charge. Our courier is entitled to refuse collection of a product that is not properly packaged for transport.
Once we have inspected the product and validated your return, we will refund you with the purchase price of the product within 8 days of the return. Please bear in mind that refunds can take 5 – 10 working days to reflect in your account. We are entitled to refuse a return if the unwanted product is returned damaged, not in a re-saleable condition or missing any accessories. We reserve the right to inspect the product to validate your return.
NOT WHAT YOU ORDERED
If we accidentally deliver the wrong product to you or if the product is not as described on the Website (or if it is missing any accessories), please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 8 days of the return (or refund you if that is your preference).
PRODUCTS NOT ELIGIBLE FOR RETURNS
The following products are not eligible for a refund, exchange or credit:
products which have been customized for you or made to your specifications. Customization includes, but not limited to: altering the standard physical dimensions or altering the design of the product as listed on the website; Requesting a shorter electrical cord/ cable/ chain/ rod than the standard length supplied with a particular product; Ordering a non-standard paint finish or plating finish from the available list of finishes for a particular product.
Certain manufactured products as indicated under certain products.
PRODUCTS DAMAGED ON DELIVERY
Should a product be damaged at the time of delivery / collection, please notify us of such delivery / collection by sending us an email to firstname.lastname@example.org
We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product as soon as possible (if such repair / replacement is possible) or refund you with the purchase price of the product. Refunds are normally handled within 8 days of logging the return (bear in mind that refunds can take 1-4 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.
We do our best to ensure that the products we deliver to you are of a high quality and without defects.
What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
The following will NOT be regarded as defects and will not entitle you to a return under this section:
faults resulting from normal wear and tear;
damage arising from negligence, user abuse or incorrect usage of the product;
damage arising from electrical surges or sea air corrosion;
damage arising from a failure to adequately care for the product;
damage arising from unauthorised alterations to the product; and
where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.
If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 6 months after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).
You can do so by sending us an email to email@example.com and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product (if such repair / replacement is possible) or refund you with the purchase price of the product. Refunds are normally handled within 8 days of logging the return (bear in mind that refunds can take 1-4 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.
Please provide suitable packaging for returning the product (it need not be the original packaging), as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier is entitled to refuse collection of a product that is not properly packaged for transport.
If you return a defective product to us, but you fail to return all of the accessories that were sold with that product, we are entitled (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and only to credit or refund you in respect of the returned item.
If you return a product that does not comply with this policy, you may be liable to reimburse Lava Fires for the cost of collecting the product from you and the cost of having the product returned to you.
Where there is no extended supplier warranty period, unfortunately, we cannot facilitate returns that fall outside of the 6 months. Extended Supplier Warranty (stipulated on product page) A product may have a supplier warranty that extends beyond the 6 months. If such a product turns out to be defective more than 6 months after delivery / collection, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.
You can do so by logging a return on the Website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately, we cannot facilitate returns that fall outside of the extended supplier warranty period.
Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.
Please provide suitable packaging for returning the product, as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier reserves the right to refuse collection of a product that is not properly packaged for transport. See section 6 below for more information on this.
It is also important to note that it will be in the supplier or manufacturer’s discretion to repair or replace the item, or to refund you. Lava Fires is under no obligation to provide you with a credit, repair / replacement for any return logged after six months, as your remedy lies with the supplier or manufacturer.
DELIVERY & COLLECTION OPTIONS
Lava Fires’s standard production/ manufacturing lead time varies depending on whether the product is a manufactured or non-manufactured item. In general, manufactured items may take up to 2 to 3 weeks to complete whereas non-manufactured items may take up to 5 days to complete from date of official order.
Once goods are completed and ready to be despatched, the below delivery lead times should be taken into account (i.e. they should be added on top of the normal manufacturing lead time).
OPTION 1: STANDARD ROAD FREIGHT (DOOR-2-DOOR)
Standard road freight delivery time varies according to the Zone in which your location falls into. The 3 (three) Zone categories for the purpose of estimating delivery lead time and freight charges.
Zone 1 (Central): Delivery time of 2-3 days. In respect of locations that fall within 50km radius of the nearest main city**.
Zone 2 (Regional): Delivery time of 3-4 days. In respect of locations that fall within 51 – 250km radius of the nearest main city**
Zone 3 (Remote): Delivery time of 4-5 days. In respect of locations which fall outside a radius of 250km of the nearest main city**
**Main cities: Cape Town, Johannesburg, Durban, Bloemfontein, East London, Port Elizabeth.
Delivery takes place during normal working hours Monday to Friday between 8:00am-5:00pm.
When Users type in their delivery address details online they are encouraged to give their work address where they are more likely to be during normal office hours. Business are generally located based in areas where courier companies often go to and therefore the delivery time may be quicker in those instances.
OPTION 2: COLLECTION FROM Lava Fires’S BRANCHES (FREE OF CHARGE)
Goods ordered on the Website can be collected by customers directly from either of the company’s two branches at no extra charge. The two branches are:
CAPE TOWN BRANCH ADDRESS:
266 Voortrekker Road, Maitland, Cape Town, 7405
JOHANNESBURG BRANCH ADDRESS:
No 9 Commerce Crescent, Eastgate Ext. 13, Sandton, Johannesburg
Once the Goods are ready for collection we will contact you via email and/or telephonically and ask you to come to collect. Please bring valid proof of ID, copy of your purchase order and proof of payment.
CASH PAYMENT ON COLLECTION
Paying for the goods in cash is acceptable but can only be done at the branch level or at the bank and remitting us a copy of the deposit slip. Please note you may pay the balance of the purchase price in cash on collection but we still require a deposit (30%) in order to commence with your order. The deposit can be paid by any form of payment listed under T’s and C’s.
FREQUENTLY ASKED QUESTIONS
QUESTIONS RELATING TO ORDERING
Can I order any of the hanging pendants and similar ceiling hung designs with a shorter or longer chain/ cord/ cable/ rod? Is there an additional charge?
We can adjust the length of the suspension by shortening or extending it according to your specific requirement.
SHORTER suspension: we need to know the overall height of the fitting from ceiling to the bottom of the pendant. There is no additional charge. Please indicate the overall measurement in the NOTES paragraph.
LONGER suspension: You need purchase extra length of suspension while selecting the product (there is an option to purchase an extra cord/chain/cable under each product). Extra length can be purchased in complete metres (ie cannot purchase only half a metre).
If you would like us to extend the suspension to the exact measurement, you will need to supply us with the overall height of the pendant from ceiling to the bottom of the pendant – this can be done by adding a note to the product. Alternatively, we will extend the suspension by however many additional meters you selected in which case you or your electrician will need to shorten the cord on site.
Can I request a paint finish that is not under the list of colour finishes for a particular product BUT which is one of Lava Fires’s paint finishes (as per Lava Fires’s published colour swatches?)
In most cases yes. Should you like a specific colour/ paint finish that you saw on Lava Fires’s colour swatches list, you should first send us an enquiry by email – firstname.lastname@example.org and indicate the product and colour/ paint finish of your choice. We will reply you within 24 hours and let you know whether or not it can be done. If it can be done, you choose between purchasing the fitting on-line or directly with any of the sales people.
Do the fittings come with light bulbs included?
We generally do not supply light bulbs with the fittings, unless the fitting is fitted with LED mechanism.
QUESTIONS RELATING TO PAYMENTS
Can we pay cash?
Paying for the goods in cash is acceptable but can only be done at the branch level or at the bank and remitting us a copy of the deposit slip. Note – we require a minimum 50% deposit in order for us to start with the order.
QUESTIONS RELATING TO COLLECTION
What documents must I produce when collecting goods from the branch?
We require any form of identification which will correspond to the details of the person who placed the order together with copy of the receipt. What are the trading hours for collection? Mondays to Thursdays between 8am – 5pm Saturdays : between 8:30am – 1pm. Sundays & Public holiday: Closed
QUESTIONS RELATING TO RETURNING GOODS DUE TO DAMAGE, FAULT
How do I return (refund/exchange) an item?
Please contact us telephonically to inform you about your intention to return/exchange the goods. You will then need to send us details for collection address, contact person, telephone number (preferably two contact numbers). We will then inform our courier company to collect from you. Alternatively, you can drop off the goods at the nearest Pickup Depot of the Courier company. Please refer to “DELIVERY & COLLECTION” section of the Terms and Conditions for list of Pickup Depots.
How to pack the good/s to be returned?
Pack the product in its original packaging (if you still have it), and into a shipping box or other packaging to protect the products during transit.