Terms and Conditions of Sale

1. General

• These Terms and Conditions of Sale (“Terms and Conditions”) govern all sales of coatings and other products (the “Products”) made available through the Silkhan Paints WhatsApp Store or website (“Website”).
• By placing an order for any Products on our WhatsApp Store or Website (“Order”), you agree to be bound by both these Terms and Conditions and our Privacy Policy.

2. Product Information and Availability

• We strive to ensure that all Product descriptions, images, and pricing are accurate.
• Packaging and appearance may vary, largely due to the availability of Silkhan standard packaging. In such cases, we supply Products in non-printed, suitably labeled containers.
• All Products are supplied subject to availability, and we reserve the right to discontinue or modify Products without prior notice.

3. Pricing and Payment

• Currency & VAT: All Product prices are listed in South African Rand (ZAR) and include VAT. We reserve the right to amend pricing at any time at our discretion, specifically to correct pricing errors.
• Indicative Pricing: Product prices indicated on the Website are indicative only and do not constitute a binding offer to sell. Any Order placed constitutes an offer available to us for acceptance.
• Pricing Errors: If the specified price in an Order is incorrect—and it is either obvious or could reasonably be recognized as incorrect—we reserve the right to amend the price or refuse to supply the Product at that price.
• Payment Terms: Payment must be made in full at the time of placing the Order via the accepted payment methods indicated on our system.

4. Risk and Delivery Ownership

• Ownership & Risk: Ownership of each Product transfers only once full payment is received. Risk in relation to each Product passes to you (the customer) upon either:
  • Delivery to the address specified in the Order; or
  • Collection by you from the designated Collection Point.
• Limitation of Delay Liability: Delivery times are estimates and may vary based on location and service availability. We are not liable for delivery delays caused by third-party couriers, events beyond our control, delays in making Products available at the Collection Point, or any other cause whatsoever.

5. Shipping Policy

• Delivery Areas:
  • Primary delivery covers the Cape Town Metro areas and surrounds.
  • Remote or outlying areas may incur extended delivery times or additional charges. Where delivery is impossible, we will endeavor to make Products available for collection at a nearby Collection Point.
• Delivery Timeframes: Standard delivery typically takes 2 to 7 business days from the date of order confirmation. Timeframes are estimates and not guaranteed.
• Delivery Fees: Charges are calculated at checkout based on order size, weight, and delivery location. No Order will be delivered unless applicable delivery charges are paid in full.
• Order Tracking: Once dispatched, a tracking number will be sent via email or WhatsApp to monitor delivery progress.
• Failed Deliveries: If a delivery fails due to incorrect address details or recipient unavailability, re-delivery may incur additional charges.

6. Collection Policy

• Notification: Products specified for collection will be available at the designated Collection Point from the date we notify you of their availability.
• Holding Period: Collection Orders will be held for 30 days from the notification date. If you fail to collect within this period, you will be required to contact us to make suitable arrangements for subsequent collection.

7. Inspection, Damaged, or Missing Items

• Please inspect your Order immediately upon delivery or collection.
• If any items are missing, incorrect, damaged, or in excess, you must notify us within 48 hours with supporting photos and documentation so we can assess and resolve the issue.

8. Returns and Refunds

• Return Conditions: Returns must be requested within 48 hours of delivery and approved in writing. Products must be unused, in their original packaging, and in resalable condition.
• Discretionary Returns & Exclusions: Accepting any return is entirely at our discretion. We shall not accept returns on any tinted products or other custom products prepared at your request, regardless of condition.
• Return Costs: If a return is accepted, you are responsible for all return costs, including drop-off at the designated Collection Point or arranging shipment at your own expense.
• Refund Processing: Approved refunds will be processed within 31 days of receiving the returned Products.

9. Warranty and Liability

A. Scope of Limited Warranty

• Liquid Chemical Integrity: Silkhan Paints provides a conditional Limited Product Warranty strictly covering the liquid chemical integrity of its products.
• Chemical Defects Only: Silkhan Paints warrants solely to the original purchaser that the product will be free from manufacturing defects in materials and formulation for a specified period from the documented date of purchase.
• Exclusive Remedy: The sole and exclusive remedy under this warranty is strictly limited to either the supply of replacement paint or a refund of the original purchase price for the specific volume proven to be defective, at the absolute discretion of Silkhan Paints.
• User Risk: The purchaser and applicator explicitly acknowledge that Silkhan Paints has no control over surface preparation, environmental conditions, application methods, or workmanship. The user assumes all risks associated with application and performance.

B. Absolute Exclusions from Liability

Under no circumstances shall Silkhan Paints be held liable for any costs, damages, or losses beyond the physical product cost. Exclusions include:

• Labor Costs: Expenses related to surface preparation, scraping, sanding, application, re-application, or contractor fees.
• Consequential Damages: Incidental, indirect, special, or consequential damages, including lost profits, business interruption, loss of use, or property damage.
• Substrate & Structural Failures: Defects caused by structural movement, settling, shifting, moisture ingress, peeling of underlying old coatings, or degradation of the underlying surface (wood, masonry, drywall, etc.).

C. Automatic Voiding of Warranty

This limited warranty is rendered immediately null and void if failure is caused by factors other than a certified manufacturing defect. Claims will be automatically denied for:

• Improper Surface Preparation: Failure to clean, dry, degrease, sand, or prepare the surface per the Technical Data Sheet (TDS).
• Environmental Violations: Application outside specified temperature ranges, in high humidity, or during freezing, wet, or inclement weather.
• Incorrect Application: Over-thinning, under-thinning, mixing with unapproved third-party additives, or failing to apply at recommended film thicknesses.
• Failure to Prime: Application without the explicitly recommended Silkhan Paints primer or sealer on substrates requiring it.

D. Burden of Proof and Forensic Rights

• Proof of Purchase: A valid, original, legible cash register receipt or commercial invoice specifying the batch number, purchase date, and retail source is mandatory.
• Forensic Investigation: Silkhan Paints reserves the right to physically inspect the application site, take core samples, and perform laboratory chemical analysis. If analysis reveals microscopic traces of dirt, moisture, chalking, or improper film thickness, the claim will be summarily denied.

E. No Other Warranties

• Entire Agreement: This section constitutes the entire liability agreement for Silkhan Paints.
• Disclaimer: To the maximum extent permitted by applicable law, Silkhan Paints disclaims all other express, statutory, or implied warranties, including fitness for a particular purpose. No employee or retailer statement shall modify or expand this warranty.

10. Intellectual Property

• All content on our Website, including trademarks and Product images, is protected by copyright and may not be used without prior written permission.

11. Governing Law

• These Terms and Conditions are governed by the laws of the Republic of South Africa. Any disputes shall be resolved in accordance with South African legal procedures.

12. Amendments

• We reserve the right to update these Terms and Conditions at any time. Continued use of our Website or WhatsApp Store constitutes acceptance of the updated Terms.

13. Domicilium Citandi et Executandi

Our legal address for all official notices and legal processes under these Terms and Conditions is: