Website Terms and Conditions of Sale

1. About Us and These Terms

1.1 Legg & Wessel c.c. is a close corporation registered in the Republic of South Africa ("Legg & Wessel", "we", "us" or "our"), with its principal place of business at 34 Natal Street, Paarden Eiland, Cape Town, South Africa.

1.2 These Terms and Conditions ("Terms") govern your access to and use of our website at leggandwessel.online ("Website") and all purchases made through it.

1.3 These Terms are published in accordance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") and the Consumer Protection Act 68 of 2008 ("CPA").

1.4 We may update these Terms at any time by publishing the revised version on our Website. The version in force at the time you place your order governs that transaction.

2. Definitions

In these Terms, unless the context indicates otherwise:

"CPA"

means the Consumer Protection Act 68 of 2008, as amended.

"ECTA"

means the Electronic Communications and Transactions Act 25 of 2002, as amended.

"POPIA"

means the Protection of Personal Information Act 4 of 2013, as amended.

"Consumer"

has the meaning given to it in the CPA.

"Order Acknowledgement"

means the automated email sent to you confirming receipt of your order. This is not an acceptance of your order.

"Order Acceptance"

means our written confirmation — issued by a member of our team — that we have accepted your order and that a binding contract has been formed.

"Product"

means any goods or services listed for sale on the Website.

"Special Order Item"

means a Product that is not held in stock in South Africa and is procured specifically upon customer order, with an extended lead time. Such items will be identified as such on the Website or brought to your attention before or after ordering.

"You" / "Customer"

means the person placing an order through the Website.

"ZAR"

means South African Rand.

3. Acceptance of These Terms

3.1 By accessing the Website or placing an order, you confirm that:

1. you are at least 18 years of age;
2. you have full legal capacity to enter into a binding agreement; and
3. you have read, understood and agree to be bound by these Terms.

3.2 If you are placing an order on behalf of a company or other legal entity, you warrant that you have authority to bind that entity, and references to "you" in these Terms apply to that entity.

4. Contract Formation

4.1 Your submission of an order on the Website constitutes an offer to purchase the Products listed in that order on these Terms.

4.2 Upon receipt of your order, we will send you an Order Acknowledgement. This email confirms that we have received your order and your payment — it is not an acceptance of your order and does not create a binding contract.

4.3 A binding contract between you and Legg & Wessel is formed only when we send you a separate Order Acceptance. We reserve the right to accept or decline any order in whole or in part, in our reasonable discretion, including where:

1. a Product is out of stock, discontinued or otherwise unavailable;
2. there is a pricing error, typographical mistake or other inaccuracy on the Website (see clause 6.3);
3. your payment cannot be verified, processed or authorised;
4. the order appears to be fraudulent, abusive or placed in bad faith;
5. we are unable to deliver to your specified address; or
6. you have previously breached these Terms.

4.4 If we are unable to accept your order, we will notify you promptly and will refund any amount paid in full within 30 days.

4.5 We may, at our discretion, cancel or modify an accepted order before dispatch if a material error comes to our attention. In such cases, we will notify you immediately, explain the error and offer you the option to proceed at the corrected terms or receive a full refund.

5. Product Information and Availability

5.1 We take reasonable care to ensure that Product descriptions, specifications, images and pricing on the Website are accurate. However, minor variations between the Website representation and the actual Product may occur, and we do not warrant that Product descriptions are entirely free of error.

5.2 Stock availability: Displaying a Product on the Website does not guarantee that it is in stock. Product availability is subject to change without notice.

5.3 Special Order Items: Certain Products listed on our Website are not held in stock in South Africa. These Products are procured directly from the manufacturer or its regional distributor on a per-order basis and are designated as Special Order Items. Special Order Items may be subject to lead times of several months, depending on the manufacturer's regional supply schedule, import logistics and other factors. Where we are aware that a Product is a Special Order Item, we endeavour to indicate this clearly on the Website product page. However, in cases where this designation is not displayed at the time of ordering, we will notify you as soon as possible after your order is placed.

5.4 Where your order includes a Special Order Item, we will notify you of the estimated lead time and provide you with the following options:

1. wait for delivery in accordance with the estimated lead time;
2. select an alternative Product that we hold in stock, if one is available; or
3. cancel the Special Order Item and receive a full refund for that item.

5.5 We reserve the right to discontinue, modify or withdraw any Product from the Website at any time without prior notice.

6. Pricing and Payment

6.1 All prices displayed on the Website are in South African Rand (ZAR). Unless expressly stated otherwise, prices are exclusive of value-added tax (VAT) at the rate applicable at the time of sale. VAT will be clearly shown and added at checkout.

6.2 Prices are subject to change without notice. The price applicable to your order is the price confirmed in your Order Acceptance, not the price displayed at the time of browsing.

6.3 Pricing errors: In accordance with section 23(9) of the CPA, where a price displayed on our Website contains an inadvertent and obvious error, we are not bound by that erroneous price once we have:

1. corrected the error on the Website; and
2. taken reasonable steps to notify you of the error and the correct price.

For purposes of this clause, an error may be considered "obvious" if a reasonable person in your position, having regard to all the circumstances, would recognise that the price as displayed cannot be correct — for example, where the price is so far below the market price for comparable goods as to be implausible, or where a digit is clearly missing or duplicated. Where we identify a pricing error, we will notify you promptly and offer you the option to purchase the Product at the correct price or to receive a full refund of any amount paid. We will not dispatch goods where a material pricing error has been identified.

6.4 Payment: Full payment is required at the time of placing your order. We accept the payment methods listed on our Website. By submitting your payment details, you authorise us to charge the applicable amount to your selected payment method.

6.5 Payment security: We utilise a secure, PCI-DSS-compliant third-party payment gateway in accordance with section 43(5) of ECTA. We do not store your full card details on our servers. Card transactions are subject to verification and authorisation by your card issuer. We are not liable for any delay or non-delivery resulting from a card issuer's refusal to authorise a transaction.

6.6 In the event that a payment is charged back, reversed or otherwise disputed after goods have been dispatched, we reserve all rights to recover the outstanding amount.

7. Delivery

7.1 We deliver within the Republic of South Africa to the address specified at checkout. International delivery is not available unless expressly agreed in writing by Legg & Wessel.

7.2 Delivery charges, where applicable, will be displayed during the checkout process and confirmed in your Order Acceptance. Free delivery thresholds, where offered, are subject to the terms of any applicable promotion.

7.3 We aim to dispatch in-stock orders within 2 to 5 business days of Order Acceptance, subject to Product availability. For Special Order Items, the lead time will be communicated to you as described in clauses 5.3 to 5.4.

7.4 In accordance with section 46 of ECTA, where no delivery period has been agreed, we will deliver your order within 30 days of Order Acceptance. If we are unable to meet this timeframe, we will notify you and you will be entitled to cancel the affected portion of your order and receive a full refund.

7.5 Delivery timelines are estimates only and may be affected by courier delays, public holidays, load-shedding, natural events or other circumstances beyond our control. We will communicate any material delay to you as soon as practicable.

7.6 It is your responsibility to ensure that a responsible person is available to receive delivery at the specified address. We and our courier partners are not responsible for failed deliveries arising from incorrect addresses or an absence of a recipient. Redelivery charges may apply.

7.7 Upon delivery, you are encouraged to inspect the Products for visible damage before signing any delivery confirmation. Acceptance of delivery acknowledges receipt but does not waive your rights under the CPA in respect of defects not reasonably visible upon delivery.

8. Risk and Ownership

8.1 Risk of loss or damage in the Products passes to you upon delivery to the delivery address specified in your order.

8.2 Ownership (title) in the Products remains with Legg & Wessel until we have received payment in full for all amounts owing in respect of your order.

9. Returns, Refunds and Exchanges

9.1 Defective or non-conforming goods (CPA section 56)

If a Product is defective, unsafe, of poor quality, not reasonably suitable for its intended purpose, or does not conform to the description or sample under which it was sold, you may — within six (6) months of delivery — elect to:

1. return the Product and receive a full refund;
2. have the Product repaired or replaced; or
3. receive a proportionate reduction in the purchase price.

We will not charge any fee for processing a valid return under this clause. Your election is subject to the provisions of the CPA and we reserve the right to assess the Product before agreeing a remedy.

9.2 Cooling-off period (ECTA section 44)

In terms of section 44 of ECTA, you may cancel this agreement without reason or penalty within seven (7) days of the date on which you received the Product, provided that:

1. the Product is returned in its original, undamaged and unused condition, in its original packaging; and
2. you bear the cost of returning the Product to us unless the return arises from our error or a product defect.

We will refund the purchase price within 30 days of receiving the returned Product in an acceptable condition. We reserve the right to deduct any diminution in value from the refund where the Product has been used, damaged or returned without original packaging.

9.3 Change of mind / incorrect order

Outside of your statutory cooling-off period and defective goods rights, we will consider exchange or credit note requests at our discretion. Such requests must be made within 14 days of delivery. Products must be in original, undamaged, unopened condition. Return shipping is for your account.

9.4 Special Order Items

Special Order Items that are not defective may not be returned, exchanged or refunded unless otherwise agreed in writing by Legg & Wessel, given their bespoke procurement nature and the costs incurred in sourcing them specifically for your order.

9.5 How to initiate a return

Please contact us at info@landw.co.za or +27 21 511 2001 within the applicable period, quoting your order number. We will advise you on the return process, required documentation and the return address.

9.6 Refund timing

Refunds will be processed to your original payment method within a reasonable period and, in any event, within 30 days of our approval of the return.

10. Your Rights as a Consumer

10.1 Nothing in these Terms limits, excludes or modifies any right you are entitled to as a Consumer under the CPA, ECTA or any other applicable South African legislation. Where any provision of these Terms is inconsistent with the CPA, the CPA prevails.

10.2 Among your rights as a Consumer under the CPA, you have the right to:

1. equality in the consumer market and protection from unfair discrimination;
2. privacy and protection of your personal information;
3. choose goods and services freely;
4. disclosure of information in plain and understandable language;
5. fair and responsible marketing;
6. fair and honest dealing;
7. fair, just and reasonable contract terms;
8. safe, good quality goods and services; and
9. accountability from suppliers, and the right to seek redress.

10.3 If you believe that we have failed to uphold your consumer rights, please follow our complaints process set out in clause 17.

11. Intellectual Property

11.1 All content on the Website — including but not limited to text, images, trademarks, logos, product names, graphics, software, design and layout — is owned by or licensed to Legg & Wessel and is protected by applicable South African and international intellectual property laws.

11.2 You may not copy, reproduce, distribute, publicly display, modify, sell or create derivative works from any content on this Website without our prior written consent.

11.3 Nothing in these Terms grants you any licence or right to use any Legg & Wessel trademark, trade name, logo or brand identifier. Third-party brand names and trademarks displayed on the Website (including those of product manufacturers) remain the property of their respective owners.

12. Website Use and Prohibited Conduct

12.1 You may use the Website only for lawful purposes and in accordance with these Terms.

12.2 You must not:

1. use the Website in any way that violates any applicable South African or international law or regulation;
2. engage in any conduct that is fraudulent, harmful, threatening, abusive, harassing, defamatory or otherwise objectionable;
3. attempt to gain unauthorised access to any part of the Website, its underlying systems, servers or databases;
4. introduce, transmit or distribute viruses, malware, spyware, ransomware or any other malicious code;
5. use any robot, scraper, crawler or automated tool to access or monitor the Website without our prior written consent;
6. transmit unsolicited or unauthorised promotional or advertising material; or
7. impersonate any person or entity or misrepresent your affiliation with any person or entity.

12.3 We reserve the right to suspend or permanently terminate your access to the Website at any time if we reasonably believe you have breached this clause or any other provision of these Terms, without prejudice to any other remedies available to us.

13. Limitation of Liability

13.1 To the fullest extent permitted by applicable law, Legg & Wessel's total aggregate liability to you for any claim arising out of or in connection with these Terms or your use of the Website — whether arising in contract, delict (including negligence), statutory duty or otherwise — shall not exceed the total amount paid by you for the specific order to which the claim relates.

13.2 We are not liable for:

1. indirect, special, consequential or incidental losses;
2. loss of profit, revenue, business, contracts, goodwill or anticipated savings;
3. loss, corruption or destruction of data;
4. damage to systems, software or hardware; or
5. losses arising from circumstances beyond our reasonable control (see clause 15).

13.3 Nothing in these Terms excludes or limits our liability for:

1. fraud or fraudulent misrepresentation;
2. death or personal injury caused by our negligence; or
3. any liability that cannot lawfully be excluded or limited under the CPA, ECTA or any other applicable legislation.

13.4 We make no warranty that the Website will be available at all times, error-free or free of viruses or other harmful components. Access to the Website is provided on an "as is" and "as available" basis.

14. Indemnity

14.1 You agree to indemnify, defend and hold harmless Legg & Wessel and its members, employees, agents and service providers from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from or relating to:

1. your breach of these Terms;
2. your use or misuse of the Website;
3. your violation of any applicable law or regulation; or
4. your infringement of any third-party rights, including intellectual property rights.

15. Force Majeure

15.1 We will not be in breach of these Terms, nor liable for any failure or delay in performing our obligations, where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

1. acts of God, natural disasters, floods, fires or extreme weather events;
2. power outages, including load-shedding or infrastructure failure;
3. pandemics, epidemics or public health emergencies;
4. civil unrest, war, terrorism or government action;
5. strikes or industrial disputes; or
6. manufacturer, supplier or courier shortages, delays or failures.

15.2 In such circumstances, we will notify you as soon as reasonably practicable. If the delay extends beyond 30 days, you may cancel your order and receive a full refund of any amount paid.

16. Privacy and Personal Information

16.1 We collect, use, store and process your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and our Privacy Policy.

16.2 By placing an order on our Website, you consent to us processing your personal information to the extent necessary to:

1. process and fulfil your order;
2. manage your customer account;
3. communicate with you about your order, Products or services;
4. comply with legal obligations; and
5. send you marketing communications, where you have opted in to receive them.

16.3 We will not sell, rent or share your personal information with third parties except:

1. to the extent necessary to fulfil your order (e.g. courier and payment service providers);
2. as required by law, court order or lawful instruction from a regulatory authority; or
3. with your explicit consent.

16.4 You have the right, under POPIA, to:

1. be informed of the personal information we hold about you;
2. request correction or deletion of inaccurate personal information;
3. object to the processing of your personal information; and
4. lodge a complaint with the Information Regulator of South Africa.

16.5 Information Officer contact: Requests and queries relating to your personal information may be directed to our Information Officer (Wendy Scholtz) at wendy@landw.co.za.

17. Complaints and Dispute Resolution

17.1 Internal complaints

If you have a complaint about a Product or our service, please contact us in the first instance:

We will acknowledge your complaint within 3 business days and endeavour to resolve it within 14 business days.

17.2 External escalation

If we are unable to resolve your complaint to your satisfaction, you may refer the matter to:

17.3 Governing law

These Terms are governed by the laws of the Republic of South Africa. Any dispute not resolved through the processes described above shall be subject to the exclusive jurisdiction of the South African courts.

18. General Provisions

18.1 Severability: If any provision of these Terms is found to be unlawful, void or unenforceable by a court of competent jurisdiction, that provision shall be severed from the Terms and the remaining provisions shall continue in full force and effect.

18.2 Entire agreement: These Terms, together with any Order Acceptance issued to you and our Privacy Policy, constitute the entire agreement between you and Legg & Wessel in respect of your purchase and supersede all prior representations, warranties, agreements or understandings, whether oral or written.

18.3 No waiver: Our failure to exercise or enforce any right or provision under these Terms at any time shall not constitute a waiver of that right or provision, and shall not affect our right to enforce it at a later time.

18.4 Assignment: You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any successor entity or affiliate without your consent, provided that your rights are not materially affected.

18.5 Relationship: Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and Legg & Wessel.

18.6 Electronic communications: In accordance with section 22 of ECTA, you agree that communications and transactions conducted electronically via the Website are valid and binding.

18.7 Language: These Terms are written in English. In the event of any discrepancy between an English version and any translation, the English version shall prevail.

19. Contact Information

For any queries, complaints or requests relating to these Terms, please contact us: