TRADING CONDITIONS

TERMS AND CONDTIONS OF SALE 

These are the standard terms and conditions (the “Terms”) of Sofap Ltd (“we” or “us”).  Sofap Ltd is a company registered in Mauritius under business registration number C07002356. Our registered office is at Industrial Zone Coromandel. Our showroom is located at Coromandel, Pailles, Helvetia, Black River, Cascavelle, Floreal, Bagatelle, Grand Baie and Rich Terre. To contact us, please see our Contact Us Page.. Our VAT number is VAT20017358.

1. Application – These Terms apply to any order you make as a registered business customer on our e-commerce platform (https://www.sofaponlinestore.mu) for product(s). Please click on the button marked “I Accept the Sales Terms and Conditions" at the end of these Terms if you accept them and if you agree to be bound by them. If you refuse to accept these Terms, you will not be able to order any product or sample from our site. You should print a copy of these Terms or save them to your computer for future reference. These Terms are only applicable to the Contract you concluded when clicking ‘I accept’. They are not applicable to any subsequent contract nor to any contract concluded otherwise than through this website.  Our Terms may be amended from time to time and you should therefore read carefully the text contained in this document each time you make a new order as for each new order, you will be concluding a new contract with us.
2. Site Use and Privacy – These Terms incorporate our terms of use of our website which you can find here (insert link) and which you are required to read prior to accepting these Terms as they shall form part of these Terms.
3. Authority – You confirm that you have authority to bind any entity on whose behalf you use our site to purchase our product(s).
4. The Contract – After you place an order, you will receive an email from us acknowledging that we have received your order detailing the items ordered and their price. The Contract between us shall be concluded upon you clicking on ‘I confirm my order’. Once a Contract is concluded between us, neither you nor us can cancel the order, except as provided under Clause 5 below.
5. Subject to Availability – Our acceptance of your order, and the Contract are however subject to the sample and/or product(s) ordered being in stock or otherwise available and we shall therefore be entitled to cancel the Contract at any time if the product(s) ordered are not in stock or are no longer available and no liability shall arise out of such cancellation of the Contract by us for either you or us. If the product(s) ordered are not in stock or are no longer available, we will inform you of this by email.  If you have purchased product(s) and you have already paid for the product(s), we will refund you the full amount paid as soon as possible.
6. Record – We do not file details of your order on our website. You are therefore required to print out these Terms and the order acknowledgement for your own records. If you wish to obtain specific details of your previous order(s) please Contact Us. We may, but are not obliged to, keep details of your orders for a period of 2 years from the date of order. If we do so, it is solely for the purpose of assisting you in identifying the product(s) that you have previously purchased.
7. Colours – The images of the products on our website are for illustrative purposes only. We have made every effort to display the colours of the products as accurately as electronic media allows. You acknowledge that colours may vary depending on your screen settings and resolution as well as the substrate and the texture of the surface on which the paint will be applied, on the shape, size or lighting of the room or according to the finish of the paint. Similarly, if you have collected a colour chip or dry sample from our store, you acknowledge that it is impossible for us to guarantee that the paint ordered will be of the exact same colour as the colour chip or the dry sample provided. You acknowledge therefore that we are allowed to provide you with paint with an acceptable colour variance as per industry standards.  You acknowledge that colour chips are indicative of the colour of the product only, and are not representative of the quality, sheen or texture of the product purchased. In order to minimise any inconvenience caused by potential colour variances, for any one project that you undertake, you should order 100% of the paint that you require in one go.The images of the products on our website are for illustrative purposes only. We have made every effort to display the colours of the products as accurately as electronic media allows. You acknowledge that colours may vary depending on your screen settings and resolution. For further information read our full disclaimer here
8. Packaging – The packaging shown on our website is for illustrative purposes only and we are entitled to provide you with a different packaging.
9. Delivery Costs –  If you have purchased a product, we give you the choice to either pick up your product(s) from our store or to get your product(s) delivered at the address of your choice. Store pick up is at no additional cost.  Delivery of product(s) worth Rs.15,000 including VAT or more are at no additional cost. Delivery of product(s) worth less than Rs.15,000 including VAT shall be charged by us as per the delivery costs displayed on our website when confirming your order(Currently Rs.700 Incl. VAT,  but subject to change).
10. Delivery – We only deliver to mainland Mauritius. We do not guarantee any specific delivery timeframe or delivery date. When we are ready to deliver the products, our delivery agent will contact you to arrange delivery. We are not able to guarantee a specific time for delivery on the date agreed (other than between 9am and 5pm) and you are required to ensure that there is somebody present at the address of delivery, with authority to take delivery on your behalf at the agreed date. If there is nobody to accept delivery of the product(s) on the date agreed, you will be required to either collect your products at our store (without any entitlement to a refund for the delivery costs) or pay the costs of delivering your product(s) anew. We exclude our liability for any claim which you may have in relation to delayed delivery or failure to deliver, except that if you have not received your product(s) within 10 business days of having received the acknowledgement of payment from us, you shall be entitled to claim a full refund of the price and delivery cost you paid for the product(s). Such claim for refund shall constitute your only remedy in case of delayed delivery or failure to deliver the product(s) you ordered.   When you or the person representing you takes delivery or collects the product(s) purchased, you / that person shall verify the product(s) purchased and you are required to note on the delivery receipt handed over to the person delivering the product(s) any complaints which you may have in relation to the product(s). Failure to do so at time of delivery will prevent you from making any claim for defective or non-compliant products subsequently.
11. Price – All prices displayed for a product are in Mauritius rupees and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise. Except as provided in Clause 12 below, the price you pay for a product is the price displayed on tour website at the time you make your order. You are entitled to save an order in your cart for convenience purposes. However, if the product price has changed between the time you saved the product in your cart and the time you make your order, the price which you are bound to pay shall be the price in force at the time you confirm your order.
12. Pricing Error – While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of a product you have ordered, we will inform you as soon as possible and we will give you the option of reconfirming your order at the correct price or cancelling your order and claim a refund of all amounts paid for that order including delivery charges if any. If we are unable to reach you within a reasonable period of time to inform you of the error, we shall be entitled to treat the order as cancelled, in which case we will send you an email to this effect and refund you the amounts paid in full.
13. Discounts – If we have agreed to give you a discount on our standard price, you shall be entitled to benefit from the discount only if you make payment in accordance with the Payment Terms agreed.
14. Payment – The terms of payment that are applicable to the orders you make on our website are those already agreed between us in writing (which writing may be in electronic form) (the “Payment Terms”), which are hereby incorporated into these Terms.
15. Title – Title in any product you order shall pass to you on delivery of the product(s).
16. Risks – Risk in any product you order shall pass to you on delivery of the product(s).
17. Intellectual property – You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors, as the case may be. You may only download or print material and content from our website for internal purposes or for the purpose of providing information to your customers on our products. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
18. Exclusion of Liability – We will use reasonable endeavours to verify the accuracy of any information on the site but we make no representation or give no warranty of any kind express or implied, statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
19. Limitation of Liability – To the extent we are liable under or in relation to these Terms in contract or in tort, our liability shall exclude economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings), loss of goodwill or reputation, special or indirect losses. Our aggregate liability (whether in contract, tort or otherwise) for loss or damage arising out of a breach by us of any of these Terms shall always be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
20. Interests – Interests at the rate of 10% per annum shall accrue on any amount which remains unpaid until the final date for payment.
21. Legal Costs – if you are liable to us, in contract or in tort, for anything done or omitted to be done in connection with any of your order or with your use of our website, and we have to incur legal costs to recover from you monies you owe us or damages that you are liable to us for, we shall be entitled to recover from you the reasonable legal fees and costs incurred in paying our Attorney and/or Counsel for this purpose.
22. Governing Law and Jurisdiction – The Contract between us shall be governed by the laws of Mauritius and any dispute between us arising out of or in connection with these Terms, the Contract, its subject matter or formation shall be resolved by the courts of Mauritius which shall have exclusive jurisdiction in relation to the same.
23. Assignment – You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless agreed upon in writing by us. We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these Terms to any third party.
24. Severance – If any portion of these Terms is held by any competent forum to be invalid or unenforceable in whole or in part, the validity or unenforceability of the other sections of these Terms shall not be affected.