Terms & Conditions Policy
Ballito Competition Terms and conditions:
This competition is organised by Tile Africa and is open to all residents in South Africa, except the employees of Tile Africa. The rules may be mended by reasonable notification at any time during the competition and will be applied & interpreted at the sole discretion of Tile Africa. Participation by the entrants constitutes acceptance of these rules. Entrants must be 18 years or older. The competition starts on 26 April 2021 and ends 31 May 2021. A prize winner will be chosen on the 8 June 2021. The judge's decision is final. The prize consists of R10 000 to spend at Tile Africa Ballito. Winners will be notified via email. To participate, entrants must do the following to enter:
STEP 1: Select your favourite reason for shopping at our new Ballito store
STEP 2: Enter your details to complete your entry
Tile Africa reserves the right to make media announcements and/or publications of the names of the winners. All entrants & winners indemnify Tile Africa and its associates, subsidiary companies, and its directors, officers, employees and agents, against any and all claims for any loss or damage, whether direct, indirect, consequential or otherwise, arising from their participation in any way however in this competition.
Drab & Fab Competition Terms and conditions:
This competition is organised by Tile Africa and is open to all residents in South Africa, except the employees of Tile Africa. The rules may be mended by reasonable notification at any time during the competition and will be applied & interpreted at the sole discretion of Tile Africa. Participation by the entrants constitutes acceptance of these rules. The competition starts on 24 Sep 2020 and ends 3 Jan 2021. A prize winner will be chosen on the 18th of Jan 2021. The judge's decision is final. The prize consists of R25 000 cash. Winners will be notified via email. To participate, entrants must do the following to enter:
STEP 1: Choose any product from the Tile Africa Drab to Fab catalogue – click to view catalogue
STEP 2: Update/Renovate your space
STEP 3: Take a photo of your DRAB space before and your FAB space after featuring our product in it
STEP 4: Enter your details and upload your photos to complete your entry
Tile Africa reserves the right to make media announcements and/or publications of the names of the winners and take/use photography of their renovated/updated FAB space of the competition. All entrants & winners indemnify Tile Africa and its associates, subsidiary companies, and its directors, officers, employees and agents, against any and all claims for any loss or damage, whether direct, indirect, consequential or otherwise, arising from their participation in any way however in this competition.
All our stores are now open and operating here are our COVID-19 procedures
WE’VE CREATED A SAFE SPACE FOR YOU TO SHOP
Our staff members will assist you with the safety and health procedures we have put in place for your safety and our own staffs’. They will advise if it is safe for you to enter the store.
DO YOU HAVE TO WEAR A MASK?
Yes. All our Tile Africa staff members will be wearing a mask and you need to wear yours too – if you don’t have a mask, one will be provided to you.
WHICH PAYMENT METHODS WILL BE ACCEPTED?
All payment methods will be accepted, including cash, card, and RCS credit.
Tile Africa is a division of Norcros SA (Pty) Ltd.
This Ethics Policy sets out the standards of professionalism and integrity to be maintained by all individuals acting on behalf of the Company. It will be periodically reviewed to make sure that it remains relevant.
All employees, irrespective of level, and third parties acting on behalf of the Company must maintain the standards outlined in the Policy in all their decisions, actions and communications.
All agents, third parties, sub-contractors and suppliers will be supplied with a copy of the Policy and must confirm in writing that they have received the Policy and will adhere to it.
All employees and third parties acting on behalf of the Company are expected to behave honestly and fairly and comply with all legal and regulatory requirements when carrying out their duties on behalf of the Company. They must not use their position for personal gain, take unfair advantage of others through dishonest, unethical or illegal practices or purposefully make false or misleading statements.
This policy should be read alongside other relevant Company policy statements and the express provisions of service contracts and contracts of employment. Any infringements could result in disciplinary action being taken under formal procedures including in the most serious cases dismissal and police referral.
Any person suspected of any infringement of this policy will be given an opportunity to explain his or her actions before formal disciplinary procedures are implemented.
REPORTING ANY ILLEGAL OR UNETHICAL BEHAVIOUR
Any queries and concerns should be brought to the attention of senior management or the Bribery Officer immediately. Reports can be made anonymously. The Company will not tolerate reprisal or bullying of anyone who in good faith reports a serious breach of this or any other Company policy. All directors and senior managers are expected to co-operate fully in any internal investigation into illegal or unethical behaviour.
CONFLICTS OF INTEREST
All employees or third parties acting on behalf of the Company are obliged to avoid situations which may give rise to a conflict of interest, whereby the private interests or actions of an individual may interfere with the interests of the Company as a whole and make it difficult for the individual to perform his or her work objectively and effectively.
All directors and senior managers must disclose any direct or indirect interest in any competitor company, contractor, supplier, consultancy or any other person or body working with or providing goods or services to the Group.
In line with the Company's Gifts, Donations and Entertaining Policy all employees must disclose all corporate hospitality and/or gifts they have received in the course of their duties to the bribery officer for inclusion in the Company's Gifts and Hospitality register.
Corruption inhibits economic growth, is damaging to business, and may result in criminal and civil liability and penalties for the organisation and individuals. The Company's Anti-Corruption Policy outlines these matters in more detail.
Each director and senior manager is accountable and responsible for ensuring compliance with the Company's policies, and where applicable, ensuring that adequate records are maintained to demonstrate compliance.
Any questions about this policy and its application, or your conduct or the conduct of others in a particular circumstance please contact Senior Management or the Company appointed Bribery Officer.
For the purposes of this Code, "corruption" includes bribery, extortion, fraud, deception, collusion, cartels, abuse of power, embezzlement, trading in influence and similar criminal activity.
Corruption inhibits economic growth, is damaging to business, and may result in criminal and civil liability and penalties for organisations and individuals.
Tile Africa prohibits its directors, officers and employees, and those of its branch offices which it controls, from engaging in any form of corruption in relation to Tile Africa business and affairs.
Specifically such directors, officers and employees should:
- a) Act at all times honestly and without deception
- b) Not knowingly or recklessly do any of the following, or participate in any activity which involves any of the following:
Offer, give, demand or accept any bribe or other improper advantage.
Participate in any dishonest or deceptive activity, including in relation to any selection, certification, approval or management process.
Provide, conceal, or approve work, materials, equipment or services which are not of the quality and quantity required under contract.
Provide false, inaccurate or misleading information.
Dishonestly withhold information.
Make or submit false, inaccurate, misleading or exaggerated records, invoices, claims, applications for variations or extensions of time, or requests for payment.
Dishonestly refuse or fail to approve, or delay in approving, work, materials, equipment, services, invoices, claims, applications for variations or extensions of time, or requests for payment.
Dishonestly refuse or fail to pay, or delay in paying, sums due.
- c) Any director or officer or others having management responsibility within Tile Africa should in addition to the above:
Not instruct, authorise or condone, expressly or impliedly any corrupt activity;
Make proper enquiries regarding any suspicion of corruption which becomes apparent;
Take reasonable preventative measures to stop corruption for which Tile Africa may be liable;
Report any suspicion of corruption to the Board of Directors and to the officer responsible for compliance with Tile Africa anti-corruption programme
Tile Africa will use all reasonable endeavours to conduct its business and affairs so as to ensure that it does not engage in or facilitate any form of corruption.
In order to minimise the opportunity for corruption a policy has been adopted for political and charitable donations and the provision of gifts or hospitality to any person or organisation a copy of which is below.
A facilitation payment is a payment made to encourage a person to carry out his duty. Even though facilitation payments are in many cases obtained by way of extortion, they are nevertheless a form of corruption and the making or receiving of a facilitation payment is a criminal offence in many jurisdictions. Tile Africa prohibits the making of any facilitation payment unless permitted under local law, save in circumstances where the personal safety of any person is endangered.
Tile Africa will adopt a corporate anti-corruption programme to enable it to comply with this Code. Tile Africa will properly implement this programme within the next three months and ensure that it is reviewed on an annual basis to warrant that it is operating effectively.
THE GIFTS, DONATIONS AND HOSPITALITY POLICY
The gift, donations and hospitality policy establishes the ethical standards of Tile Africa and underpins the behaviour we expect of everyone engaged by us in conducting business on our behalf. It enables us to ensure we maintain the first class reputation that our customers, clients and employees expect from us.
The Company's aim is always to ensure customer and client satisfaction. Occasionally, satisfied customers, clients or other third parties may seek to reward employees with gifts. Whilst the Company has no desire to stop deserving employees receiving a small token of gratitude from a satisfied customer or client, there is the potential for abuse. In addition, certain suppliers or contractors may offer “reward schemes” which allow employees to obtain free gifts or discount vouchers in return for ordering services or products on behalf of the Company from that supplier or contractor.
The Company needs to be sure its suppliers and contractors are competitive and that its employees are acting in the best interests of the Company when using a particular supplier or contractor. The Company does not believe that it is appropriate for employees to accept anything of greater value than small tokens of appreciation from customers, clients, suppliers, contractors or from any other person or organisation with which the Company has, or might have, business connections. This is because it is important to ensure that no employee acts in any way that is inconsistent with the integrity of the business by accepting a gift in circumstances where it could influence, or be seen to influence, that employee's business decisions or actions.
For these purposes a “gift” is any payment or item given to an employee on an apparently ex-gratia basis by any party in connection with the employee's employment by the Company.
The company expects its employees to demonstrate honesty, integrity and fairness in all aspects of their business dealings and exercise appropriate standards of professionalism and ethical conduct in all their activities. The company expects the same approach to doing business from everyone acting on its behalf including agents and third parties, and from its suppliers and customers.
Tile Africa does not permit any employee whether directly or indirectly, in a personal of professional capacity to:
- Accept anything of greater value than small tokens of appreciation (up to £50) from customers, clients, suppliers, contractors or from any other person or organisation with which the company has or might have business connections.
Any employee receiving a gift must report it to their line manager as soon as it is received and provide details of the nature of the gift and the identity of the sender. Failure to do so will constitutes a disciplinary offence and will be dealt with in accordance with the Company's disciplinary procedure. Depending on the gravity of the offence, this may be treated as gross misconduct in accordance with the Company's disciplinary procedure and could render the employee liable to summary dismissal.
If the gift is anything other than a small token of appreciation having no substantial financial value, the employee will be required to return the gift to the sender with a polite letter thanking them and explaining that it is the Company's policy that employees should not receive gifts.
If, in the opinion of the line manager, the gift might constitute a bribe or other inducement, it will be passed to a Director of the Company who will return it to the sender with a suitable letter explaining the Company's policy and asking the sender to comply with the policy in future.
In cases where the line manager determines that the gift constitutes a small token of appreciation as a personal reward, the employee may be permitted to retain the gift. However, unless the sender of the gift specifically states or makes clear that the gift is intended as a personal reward, all gifts are deemed to be the property of the Company and may be shared amongst members of staff, as appropriate.
Thus, small gifts that are genuinely given as a token of appreciation are acceptable, provided always that they are properly declared in line with this Policy and provided the sender of the gift is not subsequently treated more favourably than other clients, customers, suppliers or contractors.
If the Company discovers that a supplier has been used by an employee wholly or mainly because of the incentive of a free gift (and, as such, the employee has not acted in the best interests of the Company), this will also constitute a disciplinary offence and will be dealt with under the Company's disciplinary procedure. Depending on the seriousness of the offence, it may again be treated as gross misconduct and could render the employee liable to summary dismissal.
The receipt of all gifts will be closely monitored by the Company.
This Policy does not apply to promotional gifts, i.e. items such as pens, calendars or stationery that bear the company name or logo of another organisation, provided that these have no significant financial value.
- Offer to or receive hospitality from any connected person unless pre-authorised by management or in the case of management the bribery officer.
- To offer donations either political or charitable to any organisation where anyone in that organisation would constitute a “Connected Person”, unless authorised by management or in the case of management, by the bribery officer.
For these purposes a “Connected Person” is any organisation or individual who has had, or currently has, or is likely to have in the future an influence over the Tile Africa business.
To ensure compliance all employees will be provided with a copy of this policy and the company's Anti-Corruption policy and will be asked to sign it as a condition of their employment. Employees will be required to submit details of all gifts, donations and hospitality to the bribery officer who will record all transactions in a Gifts and Entertaining Register for regular reviewing.
Tile Africa gifts, donations and hospitality policy, anti-corruption policy and ethics policy will be published on the Tile Africa website. The policies will be communicated to customers, suppliers, third parties and agents who will be asked to acknowledge that they have been made aware of the policies and that they will endeavour to adhere to the requirements within.
GENERAL TERMS AND CONDITIONS OF PURCHASE ORDERS
Unless otherwise agreed to in writing, all goods purchased in terms of an order shall be subject to the terms and conditions of TAL, JOHNSON TILES or TILE AFRICA, which are divisions of NORCROS SA (PTY) LIMITED of Porcelain Road, Olifantsfontein, Midrand, Tel. (011) 206-9700, as set out herein. The Seller shall be deemed to have accepted the said terms and conditions, which terms and conditions shall override any provision to the contrary. Unless otherwise agreed to in writing, no conditions of the Seller provided for in any invoice, delivery note or other document shall be binding on the Purchaser.
1.1 Orders may be placed either in writing or electronically. If in writing, such order shall only be binding on the Purchaser if it is on the Purchaser’s official order form and has been signed by a fully authorised person;
1.2 All orders shall only be binding on the Purchaser if sent to the Seller together with these terms and conditions. The Seller undertakes that they have read and understood the terms and conditions which shall be binding on the Seller.
1.2 The Seller must fully acquaint itself with the provisions of an order and the Purchaser shall be entitled to reject any goods which do not comply with the stated provisions. If the Seller is unable to determine the precise nature and extent of the order from the stated order, with specific reference to the type, quantity, quality, price of goods and the delivery date it must within 1 (one) business day of receipt of the order request further particulars in writing.
1.3 All orders must be accepted via e-mail within 1 (one) business day from receipt of the order, including confirmation of any changes to delivery dates, prices, and availability of quantities among other things. Orders will be deemed accepted if no confirmation if received within the prescribed period. In the event that clarity has been requested, the order must be accepted within 1 (one) business day of receipt of the written clarity.
- EXECUTION OF AGREEMENT
2.1 Transfer of Ownership
Ownership in the goods shall pass to the Purchaser upon delivery at its premises or any other premises, which it may stipulate in writing. Such a delivery shall not be accepted by the Purchaser unless the quantity, quality or standard of the goods is acceptable to the Purchaser. Delivery of goods shall be accompanied by a delivery note and commercial invoice. A delivery note which is not signed by a duly authorised official of the Purchaser shall not be binding on the Purchaser. In the event of a dispute about the authority of the signatory of the related order, the onus of proof rests with the Seller to prove that the signatory was duly authorised.
In the case of imported goods, the Incoterms® 2010 as defined by the International Chamber of Commerce (“ICC”), applicable to the purchase as provided for on the face of the purchase order, will apply.
2.2 Period of Delivery
Unless otherwise agreed to in writing, or unless otherwise indicated on the order form, the Seller shall be obliged to deliver the goods within 30 days of the date of the order at the place as agreed. Failure to deliver the goods timeously may lead to summary cancellation of the order by the Purchaser.
2.3 Defects in Goods
The Purchaser shall, without any prejudice to any legal remedy at its disposal and notwithstanding any other provision to the contrary, be entitled, within a reasonable period after receipt of the goods, to reject them, if in the opinion of the Purchaser they appear to be faulty or defective in any respect or if they differ in any respect from the particulars on the order form. The Purchaser in its sole discretion may demand that the goods be repaired or replaced or that the Seller take back the goods, at the Seller’s costs, and repay all monies already paid in respect thereof.
2.4 Intellectual Property Rights
If intellectual property rights of a third party are affected during the execution of our order, and unless otherwise agreed to, the Supplier shall procure the necessary licenses at his own expense. In the event that the supplier shall make an invention in the course of the execution of the order, we shall have the right to make unrestricted and cost-free use of such an invention.
3.1 No adjustment shall be made to the prices in the order. Orders shall be delivered at the price at which the order was accepted.
3.2 A price escalation clause shall only be valid if the Purchaser confirms it in the order (and prior notice was given in accordance with the agreed pricing notification period).
3.3 A valid invoice for these purchases must be submitted to the Purchaser on delivery of the goods.
3.4 Unless otherwise stated in the order, prices shall include delivery to the address as indicated on the order.
3.5 In the event of a credit note being issued by the Seller to the Purchaser for any order of goods, the credit note shall be sent directly to the person that ordered such goods.
3.6 The Seller’s promotion and special offers on goods shall be made in writing.
The Seller shall on demand pay all expenses actually incurred by the Purchaser as a result of the Seller’s non-compliance with any of the provisions of an order including, but not necessarily limited to, tracing costs, all legal costs calculated on the scale as between attorney and own client on the widest basis, collection commission, cost of valuation, dismantling, removal and storage of the goods and all other expenses incurred by the Purchaser.
The Seller warrants that it complies with all laws and regulations applicable to the goods, including the manufacturing, sale and distribution thereof. Without limitation, this includes compliance with all laws and regulations relating to occupational health and safety, labour and employment, bribery and corruption, protection of personal information and child and forced labour.
- Use of the Website
Be sure to familiarise yourself with this Terms & Conditions Policy. By using / accessing this Website (“the Website”) you are deemed to have reviewed and accepted the provisions of this Terms & Conditions Policy.
- Intellectual Property
Tile Africa either owns the intellectual property rights in the underlying HTML, Java scripts, text, audio clips, video clips and any other content that is made available to you on this Website, or has obtained the permission from the owner of the intellectual property in such content to use it on the Website.
- Limited Licence to use the Website
- Tile Africa grants to you a limited licence to display on your computer or mobile device, to print, download, view and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on the Website, for non-commercial, personal or educational purposes only. No other use is permitted.
- You may not modify, publicly display or distribute any material or content or other proprietary information available on the Website.
- Without limiting the generality of the foregoing, you may not:
- Use any of the content for a commercial purpose;
- Include such content in or with any product that you create or distribute; or
- Copy such content onto your or any other website.
- Notwithstanding the above, nothing contained in this licence shall be construed as conferring any right under any copyright of Tile Africa or any other person who owns copyright provided on the Website to you.
- Trade Marks
- Tile Africa is a trade-mark of Norcros SA (Pty) Ltd.
- The names of all other products and services mentioned on this Website are the trade-marks of their respective owners. The display of trade-marks or trade-names on this Website does not convey or create any licence or other rights in these trade-marks or trade-names.
- Any unauthorised use of any of these trade-marks or trade-names is strictly prohibited.
- Tile Africa does not warrant the quality, accuracy or completeness of any information on the Website. Such information is provided on an “as is” and “with all faults” basis and without warranty or condition of any kind. This Website may include inaccuracies or typographical errors. Tile Africa shall not be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available on this Website.
- By using this Website and submitting Personal Information you warrant that:
- You are not a Child;
- That you are authorised to disclose Personal Information via the Website;
- Your disclosure of Personal Information does not infringe any trademarks, copyright, patents, trade secrets or other intellectual property rights;
- The Personal Information or other information is (to the best of your knowledge) true and correct;
- The disclosure of any information is not in contravention of any law; and
- The disclosure is not defamatory, hateful, racially, ethnically, religiously or otherwise offensive, obscene, amounting to hate speech, vulgar or inappropriate.
- No endorsements
No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked to this Website.
Tile Africa retains the right to amend this Terms & Conditions Policy, including the right to revoke any permissions.
- Electronic communications
When you visit the Website or send emails or other forms of electronic communication to Tile Africa via the Website or any form of electronic media including social media you are communicating electronically. Tile Africa may respond to any query or statement made in such communication by e-mail, posting a notice on the Website or using any other form of media including social media.
- Product Purchase Terms & Conditions
To the extent that you purchase any of our products or services using this Website, any such transaction will be subject to the General Terms & Conditions of Sale. Before submitting an order for any products and / or services, please familiarise yourself with the General Terms & Conditions of Sale. By submitting an order for any such products or services using the Website you shall be deemed to have reviewed and agreed to the contents of the General Terms & Conditions of Sale.
- “Affiliate” - means, with respect to a person or entity, any person or entity which directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with, such person or entity, and “Control” means possession, directly or indirectly, of power to direct or cause the direction of management or policies (whether through ownership of voting securities, by agreement or otherwise), and Affiliates shall have a corresponding meaning;
- “Child” or “Children” are considered to be person(s) under the age of 18 years old.
- “Personal Information” – means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-
- Information relating to the race, gender, sex, pregnancy, marital status, national, ethic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- Information relating to the education or the medical, financial, criminal, or employment history of the person;
- Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
- The biometric information of the person;
- The personal opinions, views or preferences of the person;
- Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
- The views or opinions of another individual about the person; and
- The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person,
or any such changes to the definition of Personal Information in the Protection of Personal Information Act 4 of 2013.
- “Processing” – means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including –
- The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
- Dissemination by means of transmission, distribution or making available in any other form; or
- Merging, linking, as well as restriction, degradation, erasure or destruction of information.
- “Website” means Tile Africa’s website which can be located at www.tileafrica.co.za or www.tileafricacontracts.co.za
- ile Africa and its Affiliates do not warrant that the information, ideas, opinion or statements published on the Website is correct or fit for purpose. Your reliance on any of the information, ideas, opinions or statement contained on the Website is at your sole risk.
- Whilst Tile Africa take reasonable precautions regarding the operation and maintenance of the Website, neither Tile Africa nor its Affiliates, agents or representatives will assume any responsibility or liability for any damages to or for viruses that may infect your computer equipment or software or other property from accessing the Website.
- You access and use the Website at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results.
- Tile Africa will use reasonable endeavours to ensure that the Website is available to you, and keep the Website available at all times. However, you agree that Tile Africa shall not be liable for any loss or damage caused by or arising from the unavailability of, any interruption in or your use of the Website access (either in part or as a whole) for any reason whatever.
You hereby indemnify Norcros SA, its Affiliates and its directors, officers, employees, servants, agents and / or contractors and / or other person for whom in law we may be liable (in whose favour this constitutes a stipulation alteri or stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your access to the Website or your breach of this Terms and Conditions Policy.
- Governing Law
This Website is hosted and maintained in South Africa.
You agree that and shall be governed in accordance with the laws of the Republic of South Africa and you consent to the jurisdiction of the South Gauteng Local Division, Johannesburg, South Africa in respect of disputes which arise from the Website and / or the Terms and Conditions Policy.
If you have any questions or complaints about the Website or the Terms and Conditions Policy, please email Karin Higley at [email protected]
If you wish to know which of your Personal Information Tile Africa processes or if you wish to update and / or correct such Personal Information, please contact Karin Higley at [email protected]
Any provision in this Terms and Conditions Policy which is or may become illegal, invalid or unenforceable shall be ineffective to the extent that it has become illegal, invalid or unenforceable, and such provision shall be severed from the remaining provisions in this Terms and Conditions Policy, and in no way affect the legality, validity or enforceability of the remaining provisions in this Terms and Conditions Policy.
- Electronic Communications and Transactions Act, 2002
Access to the Website or through its applications is classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to disclose the following information:
Our full name and legal status :
Norcros SA (Pty) Ltd. (Reg. no. 1952/000012/07)
Street address :
1 Porcelain Road, Olifantsfontein, 1666
Postal address :
Private Bag X4, Olifantsfontein, 1665
Physical address for receipt of legal service :
1 Porcelain Road, Olifantsfontein, 1666
Website address :
Codes of conduct to which we subscribe :
These terms and conditions
Costs associated with the access to and use of the application :
no charge for access to the website