- These Terms and Conditions apply to all transactions concluded by you, the customer (also referred to as “You”, “Your”, “User”, “Client” or “Purchaser”), when you shop on the Plandeluxe website (also referred to as “the Website” or “Site”) at Plandeluxe.com and through any other agents or representative of Plandeluxe (also referred to as “Us”, “We”, “Plandeluxe.com”, or “Plandeluxe”) other than the online store.
- By entering the Plandeluxe website at Plandeluxe.com, registering at the online store or contacting and receiving any services via any personnel, representative or agent of Plandeluxe you agree and accept to be bound by these Terms and Conditions.
- These Terms and Conditions, together with any agreement referred herein, constitute an agreement between the user of the Plandeluxe site and/or products and services and Plandeluxe.
- These Terms and Conditions and/or agreement shall supersede any prior or post understanding or agreements, whether written or oral, and may be modified only in writing and signed by both parties.
- The buyer acknowledges that your use of the site is at your sole risk, and that you assume full responsibility for any costs arising and associated from your use of this site. Plandeluxe shall not be liable for any kind of damages relating to the use of this website and as applicable by law.
- Plandeluxe.com reserves the right, at any time, to alter, modify or update these Terms and Conditions and all other information relating to our site without notice. By accepting these Terms and Conditions, you accept to be bound by such updates, alterations and modifications. The information contained in this website, including but not limited to the rules that govern the use of the website, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to adhere to and be bound by these rules.
- If you do not agree to the Terms and Conditions herein, you may not use our Site or the services we offer.
Our designs are protected in accordance with the terms of the South African Copyright laws and may not be reproduced or copied in any way or via any means. We authorize the utilization of your chosen design as an aid in only constructing one single family home. You may not utilize this design for the building of a second or multiple dwellings without buying another set of plans from Plandeluxe.com.
- All website design, graphics, text, and the arrangement and selection thereof are the copyright of Plandeluxe. ALL RIGHTS RESERVED.
- All home plans/house plans/ house floor plans/building plans/ brick wall house plans/ architectural designs/ blueprints/ 3D Renders/ drawings/content and images in this website are the property of?Plandeluxe. ?Copyright is reserved to?Plandeluxe?under the terms of South African Laws and Regulations and ALL related International treaties and trade provisions. Only the buyer of a house plan is allowed to build only one house, only one time unless otherwise stated in writing by Plandeluxe.?Any purchased home plans/house plans/ house floor plans/building plans/ brick wall house plans/ architectural designs/ blueprints/ 3D Renders/ drawings/content and images or part thereof may not be copied and/or reproduced by any means or for any reason other than for the purpose of building the house for which the plans have been bought.
- Any other use of home plans/house plans/ house floor plans/building plans/ brick wall house plans/ architectural designs/ blueprints/ 3D Renders/ drawings/content and images on this site, including their reproduction for purposes other than outlined above, distribution, modification or reproduction without prior written permission from Plandeluxe will constitute a criminal offence and it is strictly prohibited.
Due to the nature of server provision, system malfunction and repairs, lost transmissions and downtime may occur to our website services.? The User undertakes to allow Plandeluxe unlimited time to undertake the necessary maintenance to resolve such downtime and/or malfunction/s. As a result, and in the event of any query arising therefore, the User undertakes to allow Plandeluxe enough time to undertake such repairs as may be necessary, without liability and/or prejudice. Notwithstanding the above, the User agrees to enter into this agreement at their own risk and accepts that there shall be no liability, compensation or refunds for any such downtime.
Products and Prices
- Plandeluxe reserves the right to amend prices without prior notice, at any time and the right to withdraw or add any product at any time.
- All purchases made through the website and/or via any personnel of Plandeluxe will be considered valid and final.
- Payment shall be made by such methods as are indicated on the Site, which may include Credit Card, Electronic Fund Transfer and/or Direct Bank Cash Deposit, PayFast and/or PayPal and not by any other means unless Plandeluxe gives prior consent.
- No set-off or counterclaim may be deducted from any due payment without our written agreement.
- The User represents that they are a sane individual of over 18 years of age.
- The User is responsible for maintaining and promptly updating their account information with Plandeluxe for completeness and accuracy.
- Any warranties provided in relation to these Terms and Conditions only extend to the customer on the understanding that they are a final user and not a reseller of our Products.
Customs Duties & Export
If any license or consent of any government or other authority is required for the acquisition, carriage or use of our products by you, the User shall obtain such license or consent at their own expense and if necessary produce evidence to Plandeluxe on demand. Failure to do so will not entitle you to delay or withhold payment of the price. Any additional charges or expenses incurred by us resulting from such failure shall be met by the User.
Products sold or licensed to you under these Terms and Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery and use them. The User shall be responsible for complying with such laws and should not do anything to breach them.
Items entering your country (if outside the borders of South Africa) from outside over a certain value may be subject to customs charges, import duties and taxes, levied when the Product reaches your specified destination (for instance, where costs are in excess of your personal import allowance). Any such additional charges for customs clearance or import duties or taxes shall be met by the User. Users should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.
Plandeluxe.com along with the architects?draughtsmen?and designers under the employ of Plandeluxe.com, have placed substantial effort and care into the documentation and design of our building plans. However, due to the fact that we are unable to provide supervision on-site, consultation or control over the actual construction, and because of differences in the application of requirements for local building, building practices and seismic, weather, soil and other conditions, we are unable to make any warranties, implied or express, with regards to the use or content of our documentation or house plans, including but not limited to any warranties of fitness for a specific purpose or of merchantability. Slight variations may occur with regards to information presented on our site and the actual plans in respect of, but not limited to building costs, dimensions, floor areas, etc.
The information contained on our site serves only as a guideline on the particular matters and is not intended as an offer for comprehensive advice. It is advisable that users always seek professional advice on particular matters prior to using our products and services. Plandeluxe.com and its employees disclaim expressly all liability to all individuals with regards to the consequences of any action taken or omitted to be taken while relying on the contents of our site or the house plans purchased from Plandeluxe.com.
It is important to take note of all the advice and information on offer on the site. Unless the buyer selects to hire Plandeluxe.com to complete the site plan for the particular stand, it is the sole responsibility of the homeowner purchasing house plans on Plandeluxe.com, to source the site plan, drainage layout and all necessary 3rd party services for their house plans, to submit the house plans and have them approved by their local authority and pay all fees applicable to their local authority, to the NHBRC etc. All fees payable to the local authority, the NHBRC etc. are the home owner?s responsibility.
Users are not permitted to return any building plans to Plandeluxe.com following delivery, unless Plandeluxe.com has delivered incorrect plans different from what the customer had ordered. It is important to make correct decisions with regards to size, orientation, entry direction, overall dimensions etc. before you order your plans.
Plan Orders outside South Africa
The building plans on Plandeluxe.com comply with the National Building Regulations of South Africa. No warranty is provided that the plans are in compliance with the building codes, regulations or conditions of any country other than South Africa or that it would be approved by any relevant local authority.
New SANS 10400 Building Regulations:
On 1 July 2011, the New Building Regulations came into effect, although some local authorities have yet to begin the enforcement of these new regulations. Plandeluxe.com has undertaken to revise all building plans for compliance. However, it is very important to note the following:
- Building plans do not allow for, nor indicate cavity walls that are necessary for coastal areas particularly in Southern Cape and die West.
- Regulation 1(g) requires inspection of the building work by a competent person from time to time, and issuance of a certificate upon project completion. This regulation?s application may vary from one Local Authority to another and it is unclear whether it will be enforced strictly on construction work for a single dwelling. SACAP registered professionals may be appointed from the Plandeluxe.com network to carry out this service where required by the Local Authority. The cost for this service would be agreed upon directly with the professional, as they are independent from Plandeluxe.com.
- Home owners are strongly advised to approach their local authority and discuss the plans? approval and construction processes before they order a plan.
- com undertakes to complete the documentation required from the architect with each new submission. However, please note that if an engineer form is needed, you will have to hire a local engineer to perform this task.
The new SANS 10400 Building Regulations currently require not only a registered architect for the certification of building plans for approval at any local authority, but also for the regular inspection of the building work during construction and upon completion, and certification of compliance with SANS 10400. Plandeluxe.com will supply and certify your building plans for approval, but do not offer services for the certification of compliance of the building work. Home owners will have to appoint a local SACAP registered professional to perform this task at the own cost of the owner. Plandeluxe can provide a list of professionals in the area where the house is to be built whom the owner may contact in this regard.
Governing Law and Jurisdiction
The construction, performance and validity of these Terms and Conditions are governed by the Laws of the Republic of South Africa and all parties submit to the exclusive jurisdiction of the South African Courts in the event of a legal proceeding arising from any dispute.
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