MC EXPRESS TERMS AND CONDITIONS
The MC Express Website (www.mcexpress.co.za) is owned and operated by Morgancoat (Pty) Ltd (Registration no:2011/004786/07)
Should you have any queries concerning these terms and conditions or the MC Express website, please contact us via the contact form on the MC Express website or call our head office at 0860 772 772
1. Introduction
The website enables a Morgancoat Customer, i.e. any customer of Morgacoat that has an approved credit limit and is operating within the credit terms of Morgancoat, to order and purchase labelstock and receive delivery to an address as specified by the Morgancoat Customer. These terms and conditions, and those general terms and conditions of Morgancoat (Pty) Ltd, govern the ordering, purchase and delivery of products on the website
These terms and conditions are binding and enforceable against every person that accesses or uses the website (“you”, “your” or “user”), including without limitation each user who is registered.
By using the website, you acknowledge that you are authorised to transact on behalf of the Morgancoat Customer and have read and agree to be bound by these terms and conditions. You must not use the website if you do not agree to the Terms and Conditions.
Morgancoat reserves the right, without notice and at its sole and absolute discretion, to make changes to these terms and conditions. Such changes will take effect when they are published. It is expressly recorded that should there be any material changes to these terms and conditions, Morgancoat will endeavor to notify users thereof. Customers are encouraged to familiarise themselves with the content of these terms and conditions on a regular basis. I prefer Acknowledge that you have read the terms and conditions
If you continue to use the Website after our amendments to these terms and conditions have been published, you will be deemed to have accepted such amended terms and conditions.
2. Registration
You are required to register with us before using the website including placing an online order.
It is your responsibility to ensure that the details provided by you on registration, or at any time, are accurate, complete and up to date.
3. Customer Consent
3.1 We need your consent for the use and processing of your Customer Confidential Information (hereinafter referred to as the “Information”) in order for you to use the Website.
3.2 You further confirm that you have read, understood and accepted the Information Processing terms set out in clause 5 below. You therefore agree that Information may be processed according to these terms and conditions insofar as you have provided the necessary consent.
3.3 You will at all times be in a position to request, where necessary, the correction, destruction or deletion of your Information. Morgancoat will process your request as soon as reasonably possible. For more Information on this, please see our data privacy statement.
3.4 The deletion or destruction of your Information may result in the termination of your use of the Website as we may no longer be able to provide the service to you.
3.5 By accepting the terms and conditions as set out herein, you confirm that you are aware of the Information that is being collected by us and the purpose for which the Information is collected.
4. Correct Information is essential
4.1 Certain deals and promotions will be sent to you via direct marketing channels including email, sms, whatsapp or via our website. It remains your responsibility to ensure that we always have your correct contact details to ensure that you receive your offers and communications.
4.2 Due to the nature of the services, it is required that the correct delivery address is captured.
4.3 We cannot accept responsibility if you do not receive certain offers and communications or if a delivery fails due to incorrect details provided by you.
5. Information Processing
5.1 Use of your Information
5.1.1 We are committed to protecting your privacy.
5.1.2 To make use of the App and services you will be asked to provide Morgancoat with certain details of your Information so as to enable us to fulfil and deliver your orders.
5.1.3 The choice of providing Morgancoat with this Information remains your own. Please note that if certain Information is not provided, we may not be able to provide you with the services.
5.1.4 Morgancoat will not use or disclose your Information without your permission, unless it has a legal duty to do so or is required to do so in the course of the provision of the services to you.
5.1.5 By registering for the website and utilising the services you consent that Morgancoat may record, use and hold the following types of Information about you:
5.1.5.1 All Information contained in the forms or other documentation you submit to Morgancoat and any other subsequent Information or details you update or provide afterwards.
5.1.5.2 Information Morgancoat uses to process your registration on the website;
5.1.5.4 Your delivery address;
5.1.5.6 Details of when you contact Morgancoat and when Morgancoat contacts you. This includes for example electronic mail addresses, telephone numbers you contact Morgancoat from and the content of the communications with Morgancoat (which may be recorded).
5.1.6 Your Information is needed for the following purposes:
5.1.6.1 To process your registration on the website. This may include confirming your identity and contact details;
5.1.6.2 To take such actions as may be required to enable and improve your use of the Website;
5.1.6.3 To make sure that the Information Morgancoat receives and records about you is and remains accurate, complete and up to date;
5.1.6.4 To conduct market research and data analysis, understand your preferences, learn more about the products and services that you are interested in and improve the products and services Morgancoat offers you;
5.1.6.5 To inform and provide you with the chance to use products, services and benefits Morgancoat offers and believes may be of interest to you (to the extent that Morgancoat is legally permitted to do so); and
5.1.6.6 For such other purposes as you may agree to or as may otherwise be legally permitted whether to protect Morgancoat or your interests or those of Morgancoat’ suppliers and other customers.
5.1.6.7 To issue promotional codes and discounts to selected customers at Morgancoat’ sole discretion, these promotional codes and discounts are to be used in accordance with conditions set out in the relevant communication.
5.2 Protecting your Information
5.2.1 Morgancoat will, at all times, take steps to ensure that your Information is protected against unauthorised or accidental access, processing or loss and will implement reasonable technical and organisational controls to do so.
5.2.2 We use your Information to create a profile for you. We keep your Information private, and only disclose it to other companies if you ask us to, or if they need it to help us provide a product or service to you.
5.2.4 As soon as reasonably possible (provided that Morgancoat is not prevented from doing so by any law enforcement or regulatory agency), Morgancoat will notify you by email or text message if it believes that an unauthorised access to your Information may have occurred. In such instances Morgancoat will provide you with such Information as you may reasonably require to protect your interests.
5.3 Sharing your Information
5.3.1 You agree that Morgancoat may transfer or make your Information available to the following persons and organisations (whether they are located in or outside South Africa) in order to achieve the data processing purposes set out herein in order to ensure the functioning of App:
5.3.1.1 To the divisions and entities in the Morgancoat Group. This includes its directors, employees, contractors, agents, auditors, legal and other professional advisors of the divisions and entities, the latter stakeholders will have permission based access only, to the extent that it is necessary for them to view your Information;
5.3.1.2 To any other person that supplies, supports or underwrites any products or services Morgancoat provides to you, but only to the extent to which it relates to your subscription to and use of Morgancoat’ products and services;
5.3.1.3 To persons who provide services to Morgancoat in relation to the products and services you obtain from it. This may include services such as delivery, data hosting and processing and management services;
5.3.1.4 To any person to whom Morgancoat cedes, delegates, transfers or assigns any of its rights or obligations relating to the labelstock delivery.
5.3.2 Please note that at all times, Morgancoat will ensure that the persons to whom your Information is transferred or made available, undertake to protect the confidentiality of your Information in a manner similar to that set out herein.
5.4 Retention of Information
Morgancoat may retain your Information collected for as long as you are registered on the Website for for long as we have reasonable business needs, such as managing our relationship with you and managing our operations and for at least 3 (three) years after you stop doing so or request us to delete your profile, or for such longer period as may be required or permitted by law.
5.5 Your rights regarding your Information
5.5.1 You have a right to know what Information Morgancoat retains about you and to whom it has disclosed such Information, for more information on this please see our PAIA Manual.
5.5.2 You also have the right to ask Morgancoat to correct or delete any Information it holds about you, to find out more about this process please see our Data Privacy Statement. This may be because the Information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or because the Information was illegally obtained.
5.5.3 It remains your responsibility to inform Morgancoat of any changes to your Information.
5.5.4 It can take up to 21 (twenty-one) days to respond to your request and we may charge a small fee.
5.5.5 Please note that Morgancoat is only able to fulfill your request where permitted to do so by law and provided that doing so does not unreasonably prejudice its legitimate interests or those of any third party.
5.5.6 You are entitled, in terms of the Protection of Information Act 4 of 2013, to submit a complaint to the Information Regulator in the prescribed manner and form if you suspect interference with your Information by us. The contact details of the Information Regulator for this purpose are: complaints.IR@justice.gov.za.
6. Passwords and security
When you register to use our Website you will be given a username and a password. You must keep this Information confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your username and password. You agree that, once your correct username and password have been entered (in relation to the Website), irrespective of whether the use of the username and/or password is unauthorised or fraudulent, you will be liable for payment of any resulting order. If you know or suspect that someone else knows your password you should reset your password on the Website as soon as possible by contacting us on 0860 772 772.
If we have reason to believe that there is likely to be, or has been, a breach of security or misuse of our Website, we may require you to change your password or we reserve the right to suspend your account without prior notification.
7. Accepting your order and creating an electronic contract
The steps required in creating the contract between you and us are as follows:
We may at any time suspend or terminate the availability of this service in your area at our sole discretion.
The final step in placing your order will be by confirming the accuracy of your cart and the associated price to be charged to your account.
Your order is confirmed on completion of the checkout process.
We will make available to you a VAT invoice. The invoice will be emailed to you, and will include details of the products you ordered and any associated delivery Information. The product pricing included in the invoice is the pricing applicable on the day that your order was placed on the website.
Non-acceptance of an order may be as a result of, but not limited to, the product you ordered not available being from stock in the Warehouse;
All offers are subject to availability and while stocks last.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. You may use the Website only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the Information contained therein without the express prior written consent of an authorised Morgancoat representative.
8. Risk and Ownership of the goods
For the avoidance of doubt, the ownership and risk associated with your goods will be held by Morgancoat up to and until the point at which they are handed over to you during delivery. Any damage, disappearance or theft of goods post delivery will become the responsibility of the Morgancoat Customer and against whom the contract is binding.
For the avoidance of doubt, no collection service will be provided by us for post delivery returns.
9. Stock availability
Only products indicated as available on our Website can be purchased.
Due to the fact that we carefully choose your goods in warehouse, we may occasionally run out of stock before we can update our stock availability on the Website. We endeavour to keep this to a minimum,
10. Where we deliver to and restrictions thereof
The Morgancoat Express service is available in restricted areas as offered on our Website. From time to time, and with no prior warning, we will update the delivery coverage areas. Whilst we endeavour to expand our coverage, we reserve the right to restrict deliveries in certain areas, including areas previously covered by our service.
We cannot accept responsibility for the provision of an incorrect delivery address. We will deliver to the address provided. This delivery address is clearly displayed throughout the online shopping experience.
11. The delivery process, including where you cannot be present
The driver will bring your order to the door of your business, and after electronically recording the handover of the stock containing your order to you (or the person nominated by you when placing the order), the driver will leave.
Drivers will be able to inform you of the order number and the intended recipient (as provided on the order) as a means of verification.
You are required to physically sign for the stock being delivered in your order. You will receive a delivery note as confirmation.
Under no circumstances will goods be left unattended by the driver, even if this is requested by the customer as a delivery instruction when placing the order.
It is your responsibility to be present (or to make sure that the person nominated by you when placing the order, is present) for the full duration of your delivery slot.
Please note adverse weather conditions, accidents, road work, unusual traffic congestion or any other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to and reschedule your delivery time and date. We cannot be held liable for delivery delays outside of our control (like a force majeure event).
12. Delivery and collection charges
A delivery fee can be charged per order, for all delivery areas serviced by Morgancoat. Morgancoat reserves the right to adjust delivery charges, at any time and without prior notification.
13. Minimum or maximum order restrictions
Orders are currently subject to a minimum order of 500 sqm (Square Metres) – Morgancoat reserves the right to amend this policy at any time and apply a new minimum order quantity without prior notification.
14. Damaged goods or delivery order errors
In the event of damaged goods being evident during delivery you have the right not to accept the order. The driver will return the order to the warehouse, and a credit passed to your Morgancoat account once the products have been returned to the warehouse’s stockholding.
We pride ourselves on the quality and accuracy of this service. Accordingly, we monitor and investigate each customer’s claims history.
We hereby reserve the right in our sole and absolute discretion to block your account, should we determine that your claims history places you well above the normal claims ratio.
We may, on special request, re-activate your account on condition that if you continue to claim above the platform ratio we shall block your account indefinitely.
15. Liability
15.1 You hereby indemnify Morgancoat, its employees and/or agents of any liability for any failure to perform or delay in performance caused by events outside of the reasonable control of Morgancoat (for example strikes, trade disputes, accident, computer failure, breakdowns, power failures, shortages affecting Morgancoat or Morgancoat’ usual sources of supply or Morgancoat’ means of delivery of the products or services), save to the extent that such liability cannot be excluded by applicable law.
15.2 Neither Morgancoat, its agents, associated companies, nor any directors, officers or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which you or a third party may suffer regarding any orders placed on the Website and the delivery thereof.
15.3 Morgancoat shall not be responsible for any lost, damaged, delayed, incorrect or incomplete orders for any reason whatsoever.
15.5 In the event that Morgancoat is found to be liable in respect of any claim(s) in connection with the Website or any order placed or any related discounts, its liability will not exceed the monetary value of the individual invoiced transaction value regardless of the reason for its liability, whether it stems from contract, statute or delict, save to the extent that such liability cannot be excluded by applicable law.
16. General
16.1 These terms and conditions will be subject to and interpreted under the laws of the Republic of South Africa and the South African courts will have exclusive jurisdiction over any claim arising in connection herewith.
16.2 You may not assign or otherwise transfer all or any part of your rights or obligations under these terms and conditions. You agree that Morgancoat may, in its sole and absolute discretion, transfer and assign all or part of its rights and obligations under these terms and conditions to one or more third parties chosen by it.
16.3 If any clause or sentence in these terms and conditions is held by a court of law to be void, illegal or unenforceable, the remaining provisions hereof will not be affected and will remain of full force and effect.