Terms and Conditions

OVERVIEW
 
This website www.safseychelles.com (“website” or “site”) is operated by SAF Seychelles.
 
Throughout the website, the terms (“we”, “us” or “our”) refer to SAF Seychelles.
 
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink and/or on our website. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
 
These Terms apply between SAF Seychelles (“we”, “us” or “our”) and you, the person visiting or accessing the website (“you”, “your” or “the customer”).
 
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
 
ABOUT US
 

SAF Seychelles is a company registered in Seychelles in 2019.

Our Business Address
SAF Seychelles
3 Jupiter House, d’Arhoa Avenue,
Providence Industrial Estate,
Mahe, Seychelles

 
ONLINE STORE TERMS GENERAL CONDITIONS
 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses or code of a destructive nature. A breach or violation of any of the Terms of Service will result in immediate termination of your Services. 

 
You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the website.
 
 
GENERAL CONDITIONS
 
We reserve the right to refuse service to anyone for any reason at any time.
 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
 
THIRD PARTY RIGHTS
 
No one other than a party to these Terms has any right to enforce any of these Terms.
 
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
 
PROHIBITED USES
 
The website must only be used for lawful purposes only. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content:
 
(a) for any unlawful purpose or effect;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
(i) to collect or track the personal information of others;
(j) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(k) for any obscene or immoral purpose; or
(l) to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet.
(m) not to reproduce, copy or re-sell any part of our website in contravention of the provisions of our Terms.
We reserve the right to terminate your use of  our website or any related website for violating any of the prohibited uses.
 
 
YOUR PRIVACY AND PERSONAL INFORMATION
 
Your submission of personal information through the store is governed by our Privacy Policy.
 
INTELLECTUAL PROPERTY
 
All documents, information, texts, graphs, images, photographs or any other content published on the SAF website are the exclusive property of SAF Seychelles. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorisation of SAF Seychelles.
 
You acknowledge without reservations the intellectual property rights of SAF Seychelles and undertake not to infringe them in any manner howsoever. More specifically, you expressly undertake not to manufacture, sell, provide a license or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the property rights pertaining to the Products belonging to SAF Seychelles.
 
 
ERRORS, INACCURACIES AND OMISSIONS
 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update on the website should be taken to indicate that all information on any related website has been modified or updated.
 
 
HYPERLINKS AND THIRD-PARTY SITES
 
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, or concerns regarding third-party products should be directed to the third-party.
 
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
 
If, at our request, you send certain specific submissions (for example, Feedback via our contact Form) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments/feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments/feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
 
PRODUCTS OR SERVICES (IF APPLICABLE)
 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to return or exchange only according to our Returns Policy.
 
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
 
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected. 


 
PRICES
 
Prices of products are expressed in SCR (Seychelles Rupees) only.  We reserve the right to change at any time and without prior notice the prices of products offered on our website. This will not affect orders in respect of which we have already sent you a dispatch confirmation.
 
Note that we do not support orders outside of Seychelles.
 
ORDERS
 
All products are subject to availability. By placing an order you have accepted the prices, all policies, terms and description of the products available for sale on our website. Prior to making an order on our website, you will be required to insert your measurement. Please be advise that’ whilst you have provided your measurement, SAF shall do a follow up visit to your home and/or Business to review the Window / Frames / Area where the product is to be installed. This to ensure accuracy and consistency so that we can do a smooth installation of the product.
 
 
FINAL SALE
 
Sale items are final sale. Requests for returns or exchanges will not be accepted. 
 
ACCURACY OF BILLING AND ACCOUNT INFORMATION
 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 
  
PAYMENT
 
Payments may be made by any major credit or debit card (Visa, MasterCard, American Express, and Visa Electron). Payment will be debited and cleared from your account before the dispatch of your order or provision of the service to you. If payment is to be made via a credit card a pre-auth value will be held against the card until the card issuer validates the payment.
 
We reserve the right to reject or cancel any orders which do not comply with these Terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the order). Any payments or charges made through an order is deemed a payment by you. We are not responsible nor liable for any payment or charges made on this website with your payment information without your consent or knowledge.
 
 
RESERVATION OF OWNERSHIP
 
We shall retain the property of the products until receipt of full payment of all sums due in respect of the products has been made by you to SAF Seychelles. Ownership of products will pass to you on delivery / completed installation of the products and/or once full payment of all sums due in respect of the products has been received by us. 
 
Once delivered and installed, the products ordered will become your responsibility and, except in relation to products that are damaged or faulty, we will not accept any liability for their loss, damage or destruction after they have been delivered.
 
DELIVERY
 
We will deliver the products to you in accordance with the option specified by you when you place an order.  Delivery will be made to the delivery address and in line with our shipping policy. The shipping charge will be added when you checkout (if applicable). 
 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
 
In no case shall SAF Seychelles, our directors, officers, employees, agents,  service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states/jurisdictions, our liability shall be limited to the extent permitted by law.
 
FORCE MAJEURE
 
“Force majeure” means any act, event, cause, condition or  occurrence, beyond the reasonable control of the party,  is not foreseeable, is unavoidable, and which prevents, delays or interferes with the performance by such party of any of its obligations under these Terms.
 
In cases where SAF Seychelles is prevented or delayed by a force majeure case in honouring any tits obligation under these Terms, SAF Seychelles undertakes to inform the Customer within 72 hours by specifying the exact elements constituting the force majeure, the reasonably foreseeable period of delay or prevention.
 
We are not liable to you if we fail to comply with these Terms, for any failure to perform or any delay in performance of any of our obligations due to a Force Majeure event.
 
INDEMNIFICATION
  
You agree to indemnify, defend and hold harmless SAF Seychelles and/or our parent, subsidiaries, affiliates, officers, members, licensors, service providers,  suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
 
SEVERABILITY
 
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
 
GOVERNING LAW AND JURISDICTION
 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Seychelles.  By using this website, you submit and agree to the exclusive jurisdiction of the courts of Seychelles and agree that any legal action will only be commenced in these forums.
 
CHANGES TO TERMS OF SERVICE
 
We reserve the right to revise these Terms from time to time. Any changes to these Terms will take effect immediately.
  
You can review the most current version of these Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
 
We are not liable for any variation to or withdrawal of the website or its contents.

When you request us to supply goods to you, you will be entering into a legally binding contract with us and will be bound by the following terms of business. Please take some time to read them carefully and if you are unsure on any clause, please contact us for an explanation.

  1. PAYMENT

    1.1 When doors or other products are sold on a supply only basis and not fitted by us you must pay in full at the time you place your order.

    1.2 All supply and fit jobs require a minimum 75% deposit with order, followed by balance 25% payment when the job is scheduled for installation or delivered to our driver/installer on completion.

    1.3 Repair jobs must be settled in full with our engineer on completion of works.

  1. ESTIMATES
    2.1 Estimates are valid for fourteen days from the date of issue, during which you are entitled to make an order. After 14 days, you must ask for a new estimate from us. Delivery date Estimates may vary as shipment may be done either by airfreight or by sea freight which can be exposed to factors that may cause delay in delivery. As such we will advise you from time to time on revised estimated delivery time after an order in placed.

    2.2 Unless specifically stated, the estimate does not include:

    2.2.1 The cost of removing your old door(s), gate(s), Curtain(s), Blinds Etc. or any rubbish from the site;

    2.2.2 The cost of making good brickwork, pointing, rendering, floor or timbers which has been damaged during installation and which is not caused by our negligence in installing the door gate or window fashion supplied.

    2.3 If we believe the existing supporting structure is unsuitable to install a new door gate or windows fashion products ordered, we will inform you at the time of estimate. However, our advice is given as a result of our experience and if you decide to place an order with us despite our advice, we cannot be responsible for the continued suitability of the existing structure after installation. If you have any doubts, we advise you to instruct a surveyor to carry out a full inspection.

    2.4 In a small number of cases, an existing opening can be in a slightly “out of square” condition. If this is obvious at the time the estimate is given, we will make this clear to you and may advise you against having the door or gate installed until same is fixed.

    However, if it only becomes apparent when the new door or gate is installed, our fitter will advise you of the situation and advise that you sort out the issue accordingly.Should you insist on installation then you understand that we cannot guarantee its effectiveness where the door or gate has been installed against our advice. In such event we cannot be held liable for any consequential damage to the supporting structure or to the product itself or be held liable for any consequential loss.

    2.5 You are responsible for clearing the area where the products are to be fitted and we cannot be held responsible for any loss or damage caused to items not removed or adequately protected by you, unless the loss or damage is caused by our negligent work.

    2.6 Please ensure that our fitters have access to sufficient electricity supply to enable them to install the products.

    2.7 If you order products from us, or you provide us with measurements or other details for products which you ask us to install, which are subsequently discovered to be wrong, misleading or inaccurate, then you will be responsible for additional costs incurred by us in replacing any such products urgently unless such replacement is as a result of our erroneously advising you as to the suitability of the product in question.

  1. MATERIAL PROTECTION
    3.1 Some of the materials used may naturally vary in colour, or be subject to warping, swelling or shrinkage due to their make up or ordinary natural processes of ageing, fading or the effects of weather or climate. You should consider arranging for such materials to be finished and maintained in accordance with the Manufacturer’s recommendations (or such other maintenance as ought reasonably to be carried out) to avoid unnecessary shrinkage, warping or swelling.


    3.2 For the avoidance of doubt, we cannot be responsible for damage caused by natural rotting or deteriorating brickwork of the supporting timbers or structures, which we advise should be treated or repaired appropriately to avoid or postpone rotting or deteriorating brickwork composure or in extreme cases, replaced.

  1. DELIVERY
    4.1 Any estimated time we give for delivery may vary. We will try our best to let you know if the time for delivery or installation will change from that stated on the estimate.

    4.2 Where we are delayed in delivering or installing goods because you are unable to take delivery or give us suitable access to install the goods, we reserve the right to charge you reasonable costs for storage of the goods, any increase in our labour and material costs, such increase which will not exceed the percentage increase in the Retail Prices Index (or any replacement of it), between the original date for delivery or instalment and the actual date of delivery or instalment and any bank interest, or other costs incurred by us as a direct result of your delay.

    4.3 If you cancel your order as a result of our late delivery which is caused as a result of a factor outside our reasonable control, we will be entitled to charge you in accordance with clause 6 below.

    4.4 We are concerned that you receive your correct order intact. When new doors, gates and /or other products are fitted, we will ensure that we have the correct order before commencing work. However, when you order goods to be delivered only, you must check the delivery at the time of delivery along with our agent and sign our acknowledgement form.

    If you have signed the form and then after, damages or shortages are discovered we will not be held liable.

  1. GOODS WHICH REMAIN UNPAID
    5.1 We will charge you interest on overdue bills at the rate of 2% per calendar month from the date on which you were due to pay us until you make the payment, which will be chargeable on a daily basis.

    5.2 Until you have fully paid for your entire order, we will continue to own the products supplied to you. Where you have paid by cheque or credit or debit card, “fully paid” means that the funds have reached our bank account.

  1. CANCELLING ORDERS
    6.1 When we receive your order, we process it as soon as we can. If you cancel an order where the Gate/Shutter/Blinds/Window fashion or other product is a stock item, we will lose the time we have spent on your order up to the time at which you cancel and so we reserve the right to charge you a cancellation fee which is sufficient to cover our lost expenses and handling charges. If however you cancel a special order product after our suppliers have started manufacturing it, you will be liable for all associated costs.

    6.2 An order may not be cancelled once a deposit or payment is made after the order has been passed to manufacturer/supplier and be put through the process of IE:- pattern and sizes cut and awaiting process of productions from retailer. 

  1. LIABILITY
    7.1 Without prejudice to the provisions contained in clauses 2.2, 2.3, 2.4, 2.5, 2.7, 3.1 and 3.2 if the goods we deliver are not what you ordered or are damaged or defective, or door, gate, Curtain, Blinds Etc. are fitted negligently, we shall have no liability to you unless you notify us in writing at our contact address of the problem promptly.

    7.2 If you notify a problem to us under this clause, our only obligation will be:

    7.2.1 To repair or replace any goods that are damaged or defective or fitted negligently; or

    7.2.2 if repair to or replacement of the goods is not possible, or the cost of repair or replacement is disproportionate in the circumstances, to give you a partial or full refund for the goods in question, depending on what we consider is reasonable in the circumstances.

    7.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these terms and conditions including, without limitation damage caused to underground pipes and services (unless either you have instructed us at your expense to carry out a suitable survey of the site or the damage is caused by our negligent work) and we shall have no liability to pay any money to you by way of compensation other than to refund to you an amount for the goods under clause 7.2.2 above.

    7.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

  1. ENTIRE AGREEMENT
    These terms and conditions set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person, agent, employee or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

  1. INVALIDITY
    If any part of these terms and conditions in unenforceable (including any provision in which we exclude out liability to you) the enforceability of any other part of these conditions will not be affected.

  1. LAW AND JURISDICTION
    The validity, construction and performance of these terms and conditions shall be governed by the Seychelles law. In the event that any part of this terms and condition of sale is in contradiction to the law of Seychelles, then the law of Seychelles will prevail over that part only and this will not invalidate this term of sale.