MARKETPLACE COMMERCIAL T’s & C’s



ANY SALE OF A PRODUCT BY A SELLER USING MARKETPLACE ARE RULED BY COMMERCIAL T’s & C’s DESCRIBED BELOW

PREAMBLE

Adeo Pty Ltd is proposing the marketplace service (hereinafter “Marketplace”) that can be accessed through the website https://www.leroymerlin.co.za/.

Marketplace offers a professional intermediation service through which customers (hereinafter “Customers”) may order products (hereinafter “Products”) sold by Third-party sellers (hereinafter "Sellers"). Leroy Merlin acts as a platform operator and intervenes only as simple technical intermediary.

Its role is limited to hosting Seller Offers on the Marketplace and setting up relationship of the latter with Customers.

“LEROY MERLIN” products are sold by Leroy Merlin.

ARTICLE 1. DEFINITIONS

The terms mentioned below have the following meanings in these Terms and Conditions of Business:

  • Customer: any person who has registered on the leroymerlin.co.za and who places an Order to a marketplace seller.
  • Seller’s Page: a page on the Platform displaying content and hyperlinks to the Catalogue, [the Seller’s relevant policies and terms and conditions (including those relating to privacy, returns and exchanges, and shipping)], and Customer ratings and reviews of the Seller and Products.
  • Customer account page : means the interface hosted on leroymerlin.co.za gathering all of the data provided by the Customer and allowing him to manage his Orders. Access to the Customer account page is made using personal login details.
  • Online Store: space allocated on the Platform by the Provider to the Seller which contains all Products that the Seller markets, offers and sells to Customers.
  • Product Page: page on the Platform displaying information relating to the Seller’s offer of a particular Product to the Customer, including the Product’s picture(s), price, characteristics and other information as required by Applicable Laws.
  • Marketplace : web platform accessible from leroymerlin.co.za
  • Offer: commercial offer on a product published by a seller on the Marketplace. Each product can have multiple offers
  • Parties: the Seller and the Customer
  • Platform: online marketplace platform (located at www.leroymerlin.co.za) which displays the Seller’s Page and Product Pages, the pages of other sellers using the online marketplace, the Provider’s pages and information and other relevant content and features available to the Customer.
  • Product: a product offered by the Seller to Customers on the Platform, and includes its related goods and services.
  • Seller: a person, who must have a South African presence, who markets its Products on the Platform in terms of this Agreement.
ARTICLE 2. OBJECT

Any order placed on the Marketplace obligatorily implies the unconditional acceptance of these Commercial T’s & C’s.

ARTICLE 3. COMMERCIAL T’s & C’s acceptance

The Customer must read these Commercial Conditions carefully and accept them before proceeding to the payment for an order for Products placed on the Marketplace.

Those conditions are accessible directly on the homepage of leroymerlin.co.za . The customer is invited to carefullty read, download and print those T’s & C’s and keep a copy of it.

Customer will undertake to read those T’s & C’s for evey new order, as last version of the T’s & C’s will be applicable for any new order.

By clicking to confirm the order, the customer acknowledges having read, understood and accepted the Conditions without any limitation or condition.

ARTICLE 4. ORDERS
4.1. Product attributes

Product offers, and any content published on sellers online stores are displayed by sellers and under their only and full responsibility.

Each sellers undertakes to display as clearly as possible all products attributes and mandatory legal information. The customer undertakes to read all these information carefully before placing an order on the marketplace.

4.2. Product selection

After having read all the product information, the Customer, under his sole responsibility and according to his own needs, chooses the Product (s) that he wants to order. The responsibility of the Merchant cannot be retained in no way as such.

Products present on the marketplace are supposed to be available. It is nevertheless specified that the Sellert has 72 hours after the Order to confirm to the Customer the availability of the Product.

It is only after this confirmation that the sale of Product will be considered final, the Sales Contract being concluded on the condition that the Product is available.

4.3. Identification

When the Customer finalized his basket, he is invited to login or register to access checkout. The Customer can also log in on home page to access his customer account.

4.4. Order validation

Once all products have been selected, and the Customer logged in, a summary of the full order will be displayed on the checkout page (products, prices, quantities).

The customer will be able to choose its delivery mode before proceeding to payment. By clicking on “PLACE ORDER”, the Customer accepts the entire Sales Contract without reservation.

The Customer will receive an order confirmation email.

4.5. Final order validation

The Operator transmits the order to the Seller concerned. The Seller has to confirm or invalidate this order within 72 hours after order receipt.

If the Seller cancels the order within this timeline, the Customer will be refunded of the full amount of the product concerned.

The order is considered as final once the Seller confirms shipping of the Order: an email will be sent to the Customer in this regard.

It is up to the Seller to send an invoice, or it can be provided upon the Customer request.

ARTICLE 5. PRICE

Selling prices are defined by the Seller, in compliance with the laws and regulations in force. Prices are indicated by the Sellers in ZAR “including VAT"

Delivery fees are not included in those Prices and will still due for the customer to pay.

The applicable Price is the one indicated on the marketplace at the date of order placed by the customer.

ARTICLE 6. PAYMENT
6.1. Payment Methods

The customer will be able to pay by Banking Card: VISA, MASTERCARD

6.2. Payment date

Customer bank account will be debited automatically when placing the order on the Marketplace.

The Customer can decide to cancel his order and get a refund within 14 days upon delivery, Seller will then proceed to refund (refund conditions detailed in article 8 below).

6.3. Payment declined

In the event payment is declined for any reason, the Product order will be canceled, and the sale automatically terminated.

ARTICLE 7. DELIVERY
7.1. Shipping methods

The Customer will be delivered according to Seller T’s & C’s.

For every delivery, products will be delivered by default at the threshold of the house (at the door for free standing houses, at the building entrance for flats).

Delivery T’s & C’s are specific to each Seller and detailed on the Seller’s page on the marketplace.

7.2. Shipping

All leadtimes indicated by Sellers to Customers are by default indicated in calendar days, starting only at final order confirmation.

Deliveries can only take place in South Africa.

Delivery will take place at the address indicated by the Customer when placing the order. Seller’s responsibility can not be engaged for Product delivery issue if delivery address was wrongly communicated by the Customer.

Sellers will be able to provide the Customer with a tracking number to follow up delivery.

7.3. Shipping Fees

Shipping fees are indicated by each Seller into the Offer.

7.4. Shipping delays
  • In the event of a late delivery exceeding more than 30 days versus initial delivery date, the Seller will inform the customer of the delay. The Customer will then be able to decide to cancel his order.
  • In the event of the Order not being shipped yet when the Customer will request cancellation: the delivery will be blocked, and the Customer will be refunded. Refund will happen within 14 days from cancelation.
  • In the event of Product already being shipped, the Customer will then need to refuse the delivery. Refund will happen within 14 days after Product will be received back complete in its original state by the Seller.
  • The Customer must check all Products delivered before signing any delivery document.
  • In the event of any anomaly, the Customer will refuse the parcel and indicate the reasons on the delivery note.
  • This control is considered as achieved as soon as the Customer, or any people entitled to receive the parcel in his name, has signed the delivery slip.
  • In case reservations have been expressed by the Customer on the delivery slip, those reservations have to be confirmed by the Customer to the Seller within 3 days.
  • If the Customer (or another person entitled) was not given the opportunity to check the parcels, therefore no delivery slip has been signed. In this event, the Customer has 10 days from delivery date to express reservations to the Seller.
ARTICLE 8. RIGHT OF RETRACTION
8.1. Retraction principle

In accordance with regulations, for any marketplace product bought, the Customer have the right to retract within 14 days after product delivery.

The Customer is not required to provide any reason for this, and should not support any other cost than return shipping fees. Return shipping fees will remain responsibility of the Customer.

8.2. Retraction method

Retraction principle will expire 14 days after the Customer or another entitled person has physically taken possession of the product.

In the event of an order implying multiple deliveries, last product delivered will be considered as delivery date for 14 days right of retraction to apply.

The Customer is allowed to test the product at delivery, but its responsibility can be engaged if:

● The product is deteriorated or depreciated following other manipulations than just establishing the proper functioningof the product

● The product has been sent back incomplete (missing accessories, packaging, instructions…)

8.3. Right of retraction notification

To use its right of retraction, the Customer must notify it clearly and without ambiguity to the Seller.

To do so, the Customer must go onto its web account in “My Orders” section. He will be able to access order tracking and contact the Seller there to inform him about his willingness to use its right of retraction.

For the right of retraction to be eligible, this communication from the Customer must be done within the 14 days period.

8.4. Retraction effects

In the event of retraction from the Customer, the Seller will reimburse all the amount paid by the Customer initially (including delivery fees).

Return shipping fees are by default responsibility of the Customer (if nothing different stated on seller’s page T’s & C’s)

The Customer will be refunded using the same payment method as initial payment.

If the Customer had chosen a more expensive delivery method than standard one (express or else…), the Seller will be entitled to refund only standard delivery price amount.

The Seller is allowed to wait before proceeding to refund for:

  • - Product delivery
  • - Or proof of shipment sent by the Customer

Once 1 of the 2 points above happened, the Seller must proceed to refund the same day (working day).

8.5. Return modalities

The Customer must, in any event, no later than fourteen (14) days after communication of its decision to retract from this contract, return the goods to the Seller's address.

This deadline is deemed to have been met if the Customer returns the goods before the expiration of the fourteen (14) day period.

The Customer undertakes to return the Products according to the instructions communicated by the Seller, in his original packaging (or, if the original packaging is damaged, in packaging that allows equivalent protection of the Products), with all its accessories.

ARTICLE 9. WARANTY AND AFTER SALES SERVICE

Apart from the commercial guarantees that the Merchant could offer for certain Products, any Customer benefits from "legal" guarantees for all Products.

ARTICLE 10. RESPONSIBILITY
IMPORTANT

The Operator acts as a simple intermediary between the Seller and the Customer when Ordering a Product on the Marketplace. In this regard, the Operator cannot be held liable for any breach of contract attributable to the Seller.

It is specified that the responsibility of the Seller can in no case be engaged in the event of non-performance or improper performance of contractual obligations attributable to the Customer, in particular when entering his Order.

The Seller cannot be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure.

It is also specified that the Seller will be solely responsible for direct damage caused to the Customer due to the Order of Products on the Marketplace.

It is recalled that for all the content published by the Seller on its Online Store, the Operator will act as a host. As a host, the Operator agrees to promptly remove any clearly illegal content as soon as he becomes aware of it.

Notification of any illegal content can be made by email to [email protected] and by registered mail with acknowledgment of receipt at the following address:

LEROY MERLIN Marketplace

Corner Blackrock Street and Stoneridge Drive

Edenvale 1610 Modderfontein

ARTICLE 11. PERSONAL DATA

The Privacy Policy of Adeo South Africa Proprietary Limited trading as Leroy Merlin (Leroy Merlin) can be viewed here: https://leroymerlin.co.za/privacy-policy

ARTICLE 12. CLAIM MANAGEMENT

Step 1: In the event of a claim during a purchase on the Marketplace, the Customer opens an claim via his web account order tracking by selecting the reason for his claim and detailing the content. The Operator and the Seller receive the Customer's claim.

Step 2: In the event of a well-founded claim that is not resolved promptly (example: non-conformity, late delivery, etc.) within forty-eight (48) working hours, the Operator sends a first reminder to the Seller.

Step 3: In the absence of a response from the Seller within twenty-four (24) working hours from sending the first reminder, the Operator will send a second reminder to the Seller.

Step 4: In the absence of a response from the Seller within twenty-four (24) working hours after sending the second reminder, the Operator can then intervene in order to find an amicable solution to the dispute.

ARTICLE 13. APPLICABLE LAW AND COMPETENT COURT

These Commercial Conditions are subject to South African law. In the event of a dispute, an amicable solution will be sought beforehand. In the absence of an amicable agreement between the Parties, the dispute will be the exclusive jurisdiction of the South African courts.