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Terms & Conditions

The increasing complexity of the consumer audio/video market dictates that HOMEMATION define our idea of how HOMEMATION like to interact with our business partners. If there is anything that you find illogical or unreasonable, please let us know – HOMEMATION will do what HOMEMATION can to accommodate you.
You, our BUSINESS PARTNER, are the most important component in the chain between manufacturer and final customer – and HOMEMATION has always believed in establishing long term, lasting relationships with our business partners.
Verbal arrangements and agreements often lead to misunderstanding and confusion between the parties concerned. To avoid these potential problems, HOMEMATION has produced these “terms and conditions” to cover possible grey areas and define the way HOMEMATION do business.
HOMEMATION will continue to refined, updated, streamline and clarify our business practices as business conditions change. HOMEMATION will keep you up to date and will issue revisions if there are significant changes.
HOMEMATION would appreciate any suggestions that could help us improve our service to you and to clarify any areas of uncertainty.
HOMEMATION appreciate your support and look forward to a continuing, mutually rewarding relationship.

WEBSITES OWNED BY HOMEMATION

The pages, documents and information on the HOMEMATION Website or Websites controlled and owned by HOMEMATION, which include www.homemation.co.za, www.lutron.africa, www.control4.co.za, Website is subject to copyright under the Berne Convention. Subject to what is said below, unless you have prior written permission from HOMEMATION, no part of these pages, documents or information may be reproduced, stored or transmitted in any form or by any means. You are granted the right to use the pages, documents and information appearing on this Website by downloading, storing and making copies for private use only and the re-publication or re-use thereof (or part thereof), without the prior written permission from HOMEMATION, is prohibited.
Whilst every effort has been made by HOMEMATION and its suppliers of information, to ensure the proper performance of this Website, the accuracy of the information/images contained therein and the reliability of the data on this Website, HOMEMATION and its affiliated companies, suppliers or any of their employees, do not guarantee the availability of services, content and information offered on this Website or that this Website is free from errors or omissions. Users are encouraged to report any malfunctions or errors to us.
This Website is supplied on an “as is” basis and the user agrees that the Website is used at their own risk. This Website has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy himself or herself that the goods or services available from and through this Website will meet the user’s individual requirements and will be compatible with the user’s hardware and/or software.
HOMEMATION makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of this Website and/or the services and/or the information and/or images contained on this Website, and all services are thus used at your own risk. In particular, HOMEMATION makes no warranty that the services will meet your requirements, be uninterrupted, complete, timely, secure or error-free.
HOMEMATION shall not entertain requests for exchanges, returns and/or refunds unless specified by the directors of HOMEMATION, insurance claims which are subject to different terms and conditions and are based on HOMEMATION’S directors or through the service or spares departments at HOMEMATION.
This Website may contain hyperlinks to third-party Websites. HOMEMATION is not responsible for the content of, or the services offered by those Websites. The hyperlinks are provided solely for your convenience and should not be construed as an express or implied endorsement by HOMEMATION of the Website(s) or the products or services provided therein. You access those Websites and use their products and services solely at your own risk.
It is expressly prohibited for any person, business, entity or Website to represent any page on this Website, including the home page, in any way whatsoever, such as framing, on their Website so that it appeals to be their own information.
Information, ideas, and opinions expressed on this Website should not be regarded as advice or the official opinion of HOMEMATION unless the contrary is expressly indicated.
No agreements shall be concluded merely by sending a data message to HOMEMATION. Valid agreements require formal written acceptance of an offer from HOMEMATION.
HOMEMATION has used every effort to ensure that the information appearing on this Website is correct and accurate and takes no responsibility for any loss or damage howsoever occasioned due to any mistakes, omissions, interruptions, delays or whatever reason suffered by any person as a result of the use or reliance upon the information appearing herein.
By accessing any pages of the Website of HOMEMATION (Pty) Ltd (“HOMEMATION”) you, (“the User”) agree to be bound by the following terms and conditions of use:-

USAGE

  • Your use of this Website is subject to the terms and conditions as set out below, including, but not limited to the documents that are referred to in some of the clauses.
  • You should carefully read the terms and conditions before you access any pages of the Website or subscribe to any mailing list, transaction or another online forum of HOMEMATION.
  • Your use is restricted to personal and non-commercial use and no adaption, modification or re-use of the text or graphics from this Website is allowed except with prior written consent from HOMEMATION.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

The content, including wording artwork, data and software, text, graphics, icons, hyperlinks, trade-marks, etc, used on the pages, documents and information appearing in this Website are subject to statutory protection including copyright in terms of local and international conventions and treaties and are the property of or licensed to HOMEMATION. Subject to what is said below, unless you have prior written permission from HOMEMATION, no part of these pages, documents or information may be reproduced, stored or transmitted in any form or by any means. You are granted the sole right to use the pages, documents and information appearing on this Website by downloading, storing and making copies for private use only (and non-commercial purposes) and the re-publication or re-use thereof (or part thereof), without the prior written permission from HOMEMATION, is prohibited. All intellectual property of this Website is expressly reserved.

INDEMNIFICATION

You hereby indemnify and hold HOMEMATION harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on this Website, or the use of the services, information and/or images available on this Website, whether due to our negligence or not.

PRIVACY POLICY AND SECURITY STATEMENT

  • All reasonable steps shall be taken by HOMEMATION to secure a user’s information.
  • Users undertake not to divulge their usernames and passwords to any other person.
  • It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorized access to any information on this Website, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this Website. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this Website or attempts to gain unauthorized access to any page on this Website shall be held criminally liable and in the event that HOMEMATION should suffer any damage or loss, civil damages will be claimed.

PASSWORD

If you have a password you undertake to keep it secure and warrant that no other person shall use the services utilizing your password, and you acknowledge further that you are responsible for ensuring that no unauthorized access to the services is obtained using your password and that you will be liable for all such activities conducted according to such use, whether authorized or not.

TERMINATION AND VARIATION

HOMEMATION reserves the right to alter, restrict and/or terminate the Website services to you in particular or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the services are offered, at any time. Such changes will be posted on this Website and be deemed to have been accepted by you if you continue using the services. The obligation, therefore, is on you to review these terms and conditions at regular intervals.

GENERAL

  • These terms and conditions shall be governed by and construed following the laws of South Africa and you shall submit to the jurisdiction of the South African Courts.
  • These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining terms and conditions which shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
  • HOMEMATION’S failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
  • These terms and conditions, as varied by us from time to time, according to Clause 7 and 8 above constitute the sole agreement between yourself and ourselves.
  • These terms and conditions shall be for the benefit of HOMEMATION and may be waived by us at our sole discretion.

USING SEARCH TECHNOLOGY

The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this Website is not permitted. Such technology shall result in slowing down this Website and infringe the intellectual property rights of HOMEMATION.

DOMICILIUM

HOMEMATION chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court processes, notices or other documents or communication of whatsoever nature:
Physical Address currently as of 24th June 2021 is 14 Commerce Crescent Kramerville Sandton 2090

ELECTRONIC COMMUNICATIONS AND TRANSACTIONS NOTICE

  • Any HOMEMATION emails sent out either through HOMEMATION domains or through Mailchimp is following The Electronic Communications and Transactions Act, Act 25 of 2002 (“ECT”).
  • Any e-mail transmission from HOMEMATION may contain confidential information, which is the property of HOMEMATION. No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this message, links or attachments hereto, to any person whatsoever. Unauthorized disclosure and/or use may result in civil and criminal liability.
  • The information in any e-mail, links or attachments thereto is intended for the attention and use of the addressee only – if you are not the intended addressee/recipient, you are hereby notified that any use, disclosure, copying or distribution of the contents of this e-mail transmission or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. Should you have received an e-mail in error, please delete and destroy it immediately and notify the sender.
  • The e-mail address of the sender may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and/or other online marketing practices without the prior consent of the sender and/or HOMEMATION.
  • Under no circumstances shall HOMEMATION or the sender of this e-mail be liable to any party for any direct, indirect, special or consequential damages, including, without limitation, any loss of profits, loss of revenue, loss of income, business interruption, loss of programs or data, even if HOMEMATION or the sender of this e-mail have been expressly advised of the possibility of such damages.
  • Any agreements concluded with HOMEMATION by using electronic correspondence shall only come into effect once HOMEMATION has indicated the conclusion of an agreement in a follow-up or return communication and always subject to the requirements of the ECT Act and contract law in general. Should any contradiction occur, the HOMEMATION directors word will be the deciding rule of HOMEMATION.
  • No e-mail correspondence sent to HOMEMATION shall be deemed to have been received until HOMEMATION has responded thereto. An auto-reply shall not constitute such “response” for purposes of this clause. Return e-mail messages blocked by HOMEMATION’S virus detection and/or filtering applications shall be deemed not to have been received by HOMEMATION and/or the addressee.
  • No warranties, whether express or implied, are made and/or implied that any employee and/or contractor of HOMEMATION is and/or was authorized to create and send these e-mail communications.
  • HOMEMATION reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail message and all e-mail messages sent as reply messages to this e-mail message or the address of the sender.
  • HOMEMATION retains the copyright in all e-mail messages and attachments sent from its communications systems insofar as such content is original and subject to copyright. The recipient/addressee is hereby licensed to open and read the message and/or attachments only – all other rights are reserved unless so indicated by HOMEMATION.
  • The views and opinions expressed in any HOMEMATION e-mail messages do not necessarily reflect the views and/or opinion of HOMEMATION. If an e-mail message is used for purposes unrelated to the official business of HOMEMATION, HOMEMATION shall not be liable for any damage, liability, infringement, or loss caused by the contents of this message and the sender shall take full responsibility therefore in his / her personal capacity.
  • Electronic communication shall be considered to have been sent by a Director or Directors of HOMEMATION only if: –
      1. the Director(s) sent it personally, or
      2. it was sent by a person who had the required authority to act on behalf of the said Director.
  • Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
  • HOMEMATION shall not be responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
  • Whilst HOMEMATION does utilize virus filtering, it provides no guarantees or warranties that any electronic communications are virus-free.
  • Subject to urgent and interim relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the:
  • Interpretation, validity, access to and enforceability of any e-mail legal notice.
  • Content (including message headers, links and/or attachments) of any e-mail message
  • The time and place of any e-mail was sent and/or delivered; and/or
  • The identity of the sender shall be referred to urgent and confidential arbitration in terms of the arbitration rules of the Arbitration Foundation of Southern Africa and such arbitration shall be conducted in Pretoria in English.
  • The law of South Africa shall govern any e-mail message and legal notice. This e-mail legal notice may be amended without prior warning

INFORMATION DISCLOSURES REQUIRED BY LAW

  • Full name of the company: HOMEMATION PTY LTD
  • Registration number: 2001/027754/07
  • VAT registration number: 4910 205 915
  • Directors: Daniel Mclean, Nicholas Gliksman
  • Company Secretary: Cathy Strydom
  • *Postal Address: PO BOX 990 Ferndale 2160
  • **Physical Address: 14 Commerce Crescent Kramerville Sandton 2090
  • Website: www.homemation.co.za, www.lutron.africa, www.control4.co.za
  • This e-mail legal notice shall at all times take precedence over any other e-mail disclaimer(s) attached to return e-mails addressed to any person with a HOMEMATION e-mail account.

BUSINESS RELATIONSHIP WITH OUR DEALERS

HOMEMATION does not supply “one-offs” … our business practices are designed to establish and foster an environment that is profitable for all parties concerned.
Our range of products and brands are suited to:
  • Specialist Audio/Video retailers
  • Custom Installers
  • Mass Market retailers
  • Online retailers
Therefore, any list of policies cannot be exhaustive.
Due to the nature of these products, HOMEMATION wants to ensure that they are properly demonstrated, installed and supported – this will ensure that the customer receives lasting value and satisfaction.
It is our policy to supply only dealers and contractors - who meet our criteria and who can be relied upon to provide continued service and do justice to our products.
Because of this, HOMEMATION must formalize our relationship with any prospective dealer. HOMEMATION must have ACCOUNT APPLICATION and SURETY forms properly filled in and signed by the dealer’s director(s)/member(s) before HOMEMATION can open an account.
HOMEMATION regret that HOMEMATION will not supply any stock to a dealer until their account has been approved and formally opened.

DISCOUNTS AND TERMS OF PAYMENT

Approved dealers are initially supplied strictly COD with a discount off our suggested selling price, as defined in our published price lists and our online dealer site. Our preferred method of payment is EFT. Alternative payment methods may delay the order process and incur additional charges. Upon establishment of satisfactory credit history, HOMEMATION may choose to extend our credit terms to you. This, however, will be entirely at our discretion.

DORMANT ACCOUNTS

If an account is dormant for 60 days, HOMEMATION reserves the right to renegotiate the terms of business or close these accounts without prior warning. If an account is dormant for 90 days, HOMEMATION reserves the right to immediately terminate the account without prior warning. Should be terminated or closed accounts wish to reopen their account, initial start-up or buy-in amounts could be requested before the reinstatement or reopening of accounts. The account would have to start from the beginning and resupply all the necessary documentation and information. Despite prerequisites having been met, account reopening is still at the full discretion of HOMEMATION management.

ONLINE SALES AGREEMENTS

HOMEMATION realize that online sales are becoming a large portion of some of your businesses and would like to outline some rules in this regard. Online Quality Standards are outlined in the attached Schedule 1 of this Agreement. HOMEMATION and Dealer agree as follows:

SERIAL NUMBER TRACKING AND RECORDKEEPING

During the term, the Dealer shall track the serial numbers of all products it sells and provide these serial numbers to the Supplier at any time upon Supplier’s request. The Dealer undertakes to maintain appropriate, up-to-date, and accurate records to enable the immediate recall of any Products or batches of Products from the retail or wholesale markets. These records shall include records of deliveries to customers (including serial numbers, delivery date, name and address of the customer, telephone number, and email address).
MISCELLANEOUS

All terms, conditions and provisions of HOMEMATION mentioned in this document of Terms and Conditions do not supersede any credit or sales or contract of business that you have signed with HOMEMATION and its Directors. Any terms and conditions not specifically mentioned in this Agreement remain unchanged and in full force and effect. In the event of any contradiction between this Agreement and other contracts signed with HOMEMATION, HOMEMATION’s directors will have the deciding decision.

PRODUCTS

Products shall refer to all HOMEMATION imported brand products as determined by HOMEMATION that may be offered for sale online.

PRICING

Pricing shall refer to the HOMEMATION ruling suggested selling price at the time as indicated on the dealer portal.

MONTHLY PURCHASE LEVELS

If for any reason a dealer’s monthly purchases consistently fall below a viable level, as determined by HOMEMATION, HOMEMATION reserves the right to renegotiate the terms of business. If the dealer’s monthly purchases once again exceed the aforementioned level for a period of three consecutive months, standard terms will be re-instated.
In extreme cases, HOMEMATION reserves the right to terminate the account.

RECEIPT OF GOODS

HOMEMATION prepay the delivery of orders over R1000 to our dealers countrywide and use freight companies who are known for their reliability and efficiency. Unfortunately, things can go wrong and sometimes goods are damaged or lost in transit. HOMEMATION takes no responsibility for the condition of goods delivered by freight companies or delivery companies. Should you have any complaints, please issue them in writing to the courier companies and to HOMEMATION and HOMEMATION shall assist in resolving the complaint. That being said, our deliveries are insured at additional expense. This ensures that the worst that can happen in the event of a loss is that the dealer waits for an additional day or two for a replacement and that HOMEMATION claim for any loss from the insurance company.
To ensure you receive a credit note for any goods damaged in transit, please follow the below-mentioned procedure when receiving an order:
  • When receiving goods, please AUTOMATICALLY mark the delivery note: “CONTENTS NOT CHECKED”.
  • If a carton is missing or visibly damaged, mark the delivery note: “CARTON MISSING” or “CARTON DAMAGED, CONTENTS NOT CHECKED” and GET THE CARRIER TO COUNTERSIGN.
  • DO NOT SIMPLY SIGN THE DELIVERY NOTE - this automatically gives the consignment a clean bill of health and implies that you are totally satisfied with the goods delivered.
HOMEMATION will not be able to pass credit notes for goods that are lost or damaged in transit unless it is possible for us to claim from our transport or insurance company by following this procedure.
Approximate delivery/transit times are as follows:
Eastern Cape - Two days
Free State - Two days
Kwa Zulu Natal - Next day
Limpopo - Two days
Mpumalanga - Two days
Northern Cape - Three days
North West - Next day
Western Cape - Two days (a small quantity of stock is held in our Cape Town office)
Overnight and Next Day services are for the dealer’s account

RETURNS

HOMEMATION do not as a rule take back goods supplied to our dealers, but HOMEMATION has on rare occasion’s encountered situations where it has proven unavoidable.
As this obviously involves us in considerable expense and inconvenience HOMEMATION reserve the right to levy a “return & restocking” charge equivalent to 10% of the value of
the goods, as well as the initial transport costs. This presupposes that the goods are still “as new”.
Quite obviously, if the goods are no longer in showroom condition, or if the cartons are damaged or defaced, it will be necessary for us to levy an additional charge in keeping with the degree of damage.
Transportation costs on returns are for the dealer’s account.

EXCHANGES

In the rare cases where HOMEMATION have to exchange goods (because of supplying incorrect items or any other reason), the returned goods must be “as new”, the packaging must be “as new” – with all accessories, instruction manuals etc – also “as new”.
If for any reason this is not the case, the dealer should repack the item for return in the new unit’s packaging. It will not be possible for us to pass a credit unless this condition is met.
Transportation costs will be borne by the party at fault.

TRANSHIPMENT

HOMEMATION, the distributor, has invested a considerable amount of time, money and energy in promoting a product range second to none. This affords us a unique advantage in the marketplace.
Please do not compromise this by re-supplying product to ‘non-HOMEMATION’ dealers - at any price:
Your loss is twofold - not only as a result of any additional discount given, but far more seriously, as a result of the loss of a potential customer who will never support you - because he got the product ‘cheaply’ somewhere else.
Unfortunately, this isn’t where it ends:
  • The customer loses despite himself because he is denied the advantages of proper advice, service and product guarantee. (The normal guarantee does not apply when the product is re-supplied)
  • You, HOMEMATION (and all our dealers) lose out because our product’s status is diminished and as a long-term result your and our future sales are affected.
  • The only one that scores is the ‘parasite’ - he makes a fast buck at everyone else’s expense.
HOMEMATION strenuously discourage transhipment and would be surprised to learn of any of our dealers who do not feel that the tremendous advantages they enjoy are worth preserving.
NB: If a dealer is found to be ‘re-supplying goods to another dealer for resale, HOMEMATION reserves the right to renegotiate its terms of business.

WARRANTY REPAIRS

Our products are guaranteed against manufacturing defects for the following periods:
  • Electronics (amplifiers, tuners etc) - 2 Years
  • Mechanicals (CD and DVD players) - 1 Year
  • Loudspeakers - 5 Years
HOMEMATION undertakes to repair any manufacturing fault free of charge during the above periods. HOMEMATION will not replace equipment but will do everything possible to ensure a speedy and efficient repair service.
“Out-of-box” failures and failures within seven days of purchase represent a special case and will be exchanged, reliant on the return of the faulty unit in an “as new” condition.
Equipment that has been damaged by accident or abuse, either physical or electrical, is obviously not covered by the guarantee.
This includes:
  • Loudspeakers suffering thermal damage due to overdriving, incorrect installation or incorrect processor/ receiver settings.
  • Amplifiers damaged by connection to improper loads - including thermally damaged speakers.
  • Components damaged by “hot docking” - making connections to them while plugged into the mains.
  • Excessively used CD and DVD lasers and laser mechanisms*.
  • Damage caused by mains fluctuations or lightning.
  • Anything not due to a manufacturing fault.
HOMEMATION is not responsible for consequential damage caused by a faulty item.
HOMEMATION will not entertain any guarantee claims where the item has not been imported and supplied by us, or where the customer or dealer has attempted to repair the faulty item himself, except by prior written arrangement with HOMEMATION. (This would of course not apply to minor repairs such as replacing fuses or speaker drive units).
Under no circumstance will HOMEMATION affect any repairs whatsoever to “grey”

FETCHING AND CARRYING REPAIRS

Our products are guaranteed against manufacturing defects for the following periods:
  • Electronics (amplifiers, tuners etc) - 2 Years
  • Mechanicals (CD and DVD players) - 1 Year
  • Loudspeakers - 5 Years
HOMEMATION undertakes to repair any manufacturing fault free of charge during the above periods. HOMEMATION will not replace equipment but will do everything possible to ensure a speedy and efficient repair service.
“Out-of-box” failures and failures within seven days of purchase represent a special case and will be exchanged, reliant on the return of the faulty unit in an “as new” condition.
Equipment that has been damaged by accident or abuse, either physical or electrical, is obviously not covered by the guarantee.
This includes:
  • Loudspeakers suffering thermal damage due to overdriving, incorrect installation or incorrect processor/ receiver settings.
  • Amplifiers damaged by connection to improper loads - including thermally damaged speakers.
  • Components damaged by “hot docking” - making connections to them while plugged into the mains.
  • Excessively used CD and DVD lasers and laser mechanisms*.
  • Damage caused by mains fluctuations or lightning.
  • Anything not due to a manufacturing fault.
HOMEMATION is not responsible for consequential damage caused by a faulty item.
HOMEMATION will not entertain any guarantee claims where the item has not been imported and supplied by us, or where the customer or dealer has attempted to repair the faulty item himself, except by prior written arrangement with HOMEMATION. (This would of course not apply to minor repairs such as replacing fuses or speaker drive units).
Under no circumstance will HOMEMATION affect any repairs whatsoever to “grey” products or any item that has had its serial number removed. Star - Lasers and laser mechanisms have a limited life span. They aren’t covered by guarantee if, upon examination, it is apparent that they need replacement because of excessive usage such as in commercial applications.

QUOTATIONS ON REPAIRS

Whereas HOMEMATION will do our best to quote on repairs if asked to do so, in some cases it is impossible without actually repairing the item in question - either partially or completely.
If, in addition, HOMEMATION are asked to collect and deliver the item, our minimum charge will include whatever transport costs HOMEMATION have incurred.

MINOR REPAIRS

Please try to sort out any minor problems before sending a faulty item for repair:
  • If any piece of equipment won’t switch on, check the mains plug, wall socket and mains fuse.
  • If an amplifier is dead on one or both channels, check output fuses and replace it if necessary.
  • In the case of a speaker fault, determine which driver is faulty, order a new unit and replace it.
Our dealers should be perfectly capable of affecting these repairs - if not; they’re in the wrong business! These minor repairs, competently performed, would not invalidate any guarantee and would benefit everybody:
  • The dealer benefits - it is much simpler to replace a fuse or tweeter than to go through the whole process of sending a repair to us.
  • The customer benefits - he doesn’t have to wait nearly as long.
  • HOMEMATION (and the dealer) benefit - HOMEMATION can devote our time to genuine repairs.

SCHEDULE 1: ONLINE QUALITY STANDARDS

  • PURPOSE.
The purpose of these Online Quality Standards is to ensure that Products are presented on the internet in a consistent manner and in accordance with brand standards established by HOMEMATION. These Online Quality Standards are subject to change (or waiver in special circumstances) by HOMEMATION in its sole and absolute discretion.
  • DEALER RESPONSIBILITY.
Dealers shall comply with the following Online Quality Standards concerning all sales and offer to sell on the internet. HOMEMATION shall actively monitor Dealers’ compliance with these standards and shall immediately cease selling the Products to any Dealers who are not in compliance with these standards and shall promptly notify the Dealer acting in violation of these standards.
  • DEFINITIONS.
Authorized Self Owned Website” means each website owned by an Authorized Dealer that complies with the criteria specified in this Schedule.
HOMEMATION Marketing Guidelines” means marketing and brand guidelines that HOMEMATION may issue from time to time that will cover such topics as proper usage of logos and taglines; approved advertisement copy, photography, and videos; and in-store presentation, placement, and display standards.
Products” is as defined in the Agreement.
Sales Premises” means Authorized Dealer’s retail brick and mortar locations located in the Territory.
Territory” is defined as The Republic of South Africa.
Authorized Third Party Platform” means any website which is not owned by the Authorized Dealer, on which products from different brands are offered for sale and which complies with the criteria specified in this Schedule.
All capitalized terms not defined in this Agreement shall have the meaning accepted in English.

PROCESS OF AUTHORIZATION

  • Process related to Authorized Self Owned Website
For an Authorized Dealer to be entitled to promote, offer for sale or sell online Products through its own Website, this Authorized Dealer shall have been beforehand expressly authorized by the HOMEMATION to do so and shall fulfil at all times the requirements of these Online Quality Standards related to Authorized Self Owned Websites.
  • Process related to Authorized Third-Party Platform
For an Authorized Dealer to be entitled to promote, offer for sale or sell online certain ranges and/categories of Products through a specific third-party platform (such as Takealot or any other third-party platforms), the Authorized Dealer shall have been beforehand expressly authorized by the HOMEMATION to do so and shall fulfil at all times the requirements of these Online Quality Standards related to Authorized Third Party Platforms.
Before granting an Authorized Dealer the express authorization to promote, offer for sale or sell products through a specific third-party platform, the Dealer shall beforehand:
(i) first, ensure that the third-party platforms concerned fulfil all the requirements of these Online Quality Standards, and
(ii) second, obtain HM's approval, by applying to HOMEMATION and
Making HOMEMATION in a position to verify that the Online Quality Standards and quantitative criteria, as defined by HOMEMATION, are fulfilled. Such quantitative criteria may be amended from time to time by HOMEMATION.
Each approval is only granted to an Authorized Dealer for one specific third-party platform so that the authorization process described above shall be renewed for each additional third-party platform.

STANDARDS

Internet sales and offers to sell on the internet by Authorized Dealers must be limited exclusively to Authorized Self Owned Websites and Authorized Third Party Platforms and shall comply with all the conditions specified in these Online Quality Standards. Further, Authorized Dealers may not post links on or to any Websites that are not Authorized Self Owned Websites or Authorized Third Party Platforms.
  • STANDARDS RELATED TO AUTHORIZED SELF OWNED WEBSITES
Authorized Dealers must comply with all the following standards to remain authorized to sell any Product on its Authorized Self Owned Website:
  1. Product availability in all Sales Premises.
      • Only list HOMEMATION Products for sale via Authorized Self Owned Websites which products are also simultaneously available for purchase in all the Sales Premises.
  2. Trained Sales and Support Personnel.
      • Maintain, in each Sales Premise, adequately trained salespersons to perform product demonstrations and to educate consumers about the features and benefits of each Product carried within the Sales Premises, and
      • Maintain, via telephone, adequately trained service, and technical support people to respond to consumer questions and issues.
  3. Authorized Self Owned Websites Standards.
      • It is HM’s policy to protect the premium image of its brands by maintaining Website standards for Authorized Dealers desiring to sell or offer for sale Products on the internet. HOMEMATION shall have the right to revise these standards at any time in its sole and absolute discretion and waive any of these standards for specific sites due to special circumstances.
  1. The following standards apply to Authorized Self Owned Websites:
    • Statement of Authorized Status. The Authorized Self Owned Website must clearly indicate that the Authorized Dealer is an approved internet retailer of HOMEMATION Products. For the sake of consistency, HOMEMATION may from time to time issue specific language and/or logos to communicate this message.
    • Premium Image. The Authorized Self Owned Website must present an environment compatible with the premium image of HOMEMATION Products.
    • Product Display. The Authorized Self Owned Website must prominently display HOMEMATION’s Products as an integral part of its internet activities.
    • Negative Statements. The Authorized Self Owned Website may not contain any negative mention of HM, HM’s brands, or HOMEMATION products.
    • Popups. The Authorized Self Owned Website may not include any intrusive popups.
    • Webkit. It is preferred that Authorized Dealers utilize the WebKit provided by HOMEMATION, as may be updated from time to time by HOMEMATION in its sole discretion. Regardless of whether the WebKit is used, or not, the following criteria for the Authorized Self Owned Website shall be followed:
      • Approved Images. Only include (or hyperlink to) HOMEMATION approved product and lifestyle photography, videos and/or renderings. At a minimum, each Product page must include one Product photo from those provided by HM.
      • Product Description. Only include (or hyperlink to) HOMEMATION approved descriptions of HOMEMATION products including but not limited to features, benefits, specifications. At a minimum, each Product page must include a description of the features and benefits of the Product and provide a list of the Product’s specifications as provided by HM.
      • Other Materials. Only include (or hyperlink to) HOMEMATION approved product manuals, advertisements, and other promotional materials.
      • Brand Education. Educate consumers about HM’s brands including but not limited to history, brand values, product philosophy and image.
      • Logos. Contain no mention or logos of any other competitive brands other than the logo of the Authorized Dealer on the landing page for Products and all subsequent Product pages, and use HOMEMATION logos and taglines exclusively on such pages according to HOMEMATION Marketing Guidelines. To be clear, competitive brands may have separate landing and product pages on Authorized Self Owned Website.
      • Brand Hyperlinks. Include a permanent hyperlink to the institutional Website of each HOMEMATION brand carried by the Authorized Dealer.
      • Accessibility. The accessibility of the Authorized Self Owned Website must be easy for a consumer having standard equipment. It must have a clearly defined URL address and a high-quality host guaranteeing rapid responses and downloading as well as keeping interruptions to a minimum.
      • URL Address. The URL address may not include any trademark owned by HOMEMATION without express advance written approval from HOMEMATION.
      • Search Engine. The Authorized Self Owned Website must have an engine permitting rapid searches by brand, category, and subcategory of Products. This search functionality must be present and functional on every page of the Authorized Self Owned Website.
      • Contact Information. The Authorized Self Owned Website must clearly list the addresses, phone numbers and business hours of all the Authorized Dealer’s Sales Premises as well as a service hotline phone number and email address.
      • Support Information. The Authorized Self Owned Website must include details on how a consumer may obtain after-sales technical support and warranty service should there be any questions or issues relative to HOMEMATION Products. A trained person with adequate knowledge must be available to answer service calls or reply to voice messages and email messages promptly but in no case more than 24 hours after sending.
      • Products in Stock. The Authorized Self Owned Website may only list for sale products that are in stock and ready to ship. A minimum stock holding of one (1) demonstration item and one (1) stock item must be maintained.
      • Pricing. The Authorized Self Owned Website may advertise for sale, HOMEMATION Products at the ruling suggested selling price as indicated on HM’s dealer portal. Price adjustments due to increases or decreases shall be implemented in no more than one (1) business day. Products on promotion or sale shall be advertised at the price recommended by HOMEMATION and limited to Products in Stock, as outlined in point 12.
      • Updates. The Authorized Self Owned Website must be updated continuously (a) as HOMEMATION releases new products, product information, videos, photography, reviews, press releases, manuals and other promotional or informational materials, and (b) to remove information regarding products discontinued by HOMEMATION and/or no longer carried by Authorized Dealers.
      • Delivery & return. The Authorized Dealer must provide a delivery/return service enabling the consumer to receive their order within a maximum of two (2) Business Days from the order and to return the order for warranty or repair purposes to the Dealer’s premises. A high-quality packaging or overpackaging must be provided by the Authorized Dealer to prevent the damage or destruction of the products at the time of delivery.
      • Personal Data. The Authorized Self Owned Website must allow the consumer to access, modify, or delete personal data by letter or electronic mail. The level of security of the Authorized Self Owned Website shall be sufficient to avoid any intrusion, modification of its presentation (defacing) or hijacking of the consumer’s data.
      • Payment Security. The Authorized Self Owned Website must use a secured protocol during internet payments.
      • Compliance with the law. Each Authorized Dealer is solely responsible for all legal compliance with all applicable laws and regulations relative to the operation of the Authorized Self Owned Website and sales conducted through the Authorized Self Owned Website including but not limited to security, applicable e-commerce and data protection statutory rules and e-commerce consumer protection.
STANDARDS RELATED TO AUTHORIZED THIRD-PARTY PLATFORMS
Authorized Dealers must comply with all the following standards to remain authorized to sell certain categories of Products through an Authorized Third-Party Platform:
  • Available Products: The Authorized Dealer is only allowed to promote, offer for sale, sell certain ranges and/categories of Products through an Authorized Third-Party Platform. The list of such is available in Schedule 2 attached. The list of these Products can be modified by HOMEMATION at its sole and absolute discretion.
        • Statement of Authorized Dealer status: The Authorized Dealer must clearly indicate that it is an approved online retailer of HOMEMATION Products. For the sake of consistency, HOMEMATION may from time to time issue specific language and/or logos to communicate this message.
        • Negative statements: The Authorized Third-Party Platform shall not contain any negative mention of HOMEMATION's brands or HOMEMATION Products.
        • HOMEMATION guidelines: The presentation of the Products and HOMEMATION brand's information shall comply with the graphic guidelines communicated by HOMEMATION, or as otherwise instructed by HOMEMATION in writing. HOMEMATION shall have the right to revise these graphic guidelines at its sole and absolute discretion.
        • Product presentation: Each Product presentation shall include at least (i) six (6) pictures (including four (4) pack shot pictures and two (2) lifestyle pictures) and one (1) video (if a video has been communicated by HOMEMATION) by using exclusively the contents provided by HOMEMATION, (ii) a precise description of the features and benefits of the Product, by using exclusively the contents provided by HOMEMATION, and (iii) a list of specifications relating to the Products, by using exclusively the contents provided by HOMEMATION.
        • Premium environment: The Authorized Third-Party Platform shall correspond to an environment that is compatible with the premium image of HOMEMATION's brands. The Products shall be displayed within an area dedicated to electronic products (containing several references of audio/HiFi systems). At least products of five (5) high-end audio/HiFi brands shall be available on the Authorized Third-Party Platform.
        • Search engine: The Authorized Third-Party Platform shall have a search engine permitting rapid searches by brand, category, and subcategory of Products (such as "soundbars", "headphones", "wireless speakers", "powered speakers", etc.). In the case of keywords including HOMEMATION's brands (such as "Klipsch"), the displayed results shall not include competitive brands or products.
        • Accessibility: The accessibility of the Authorized Third-Party Platform must be easy for a customer having standard equipment. It must have a clearly defined URL address and a high-quality host guaranteeing rapid responses and downloading as well as keeping interruptions to a minimum.
        • Feedback information: Every month, for each Authorized Third-Party Platform, the Authorized Dealer shall provide the HOMEMATION with information relating to (i) the sell-through revenue carried out, (ii) the revenue carried out by Product, and (iii) the stock level by Product.
        • Support information and after-sales services: The Authorized Dealer must clearly indicate an email address and/or a phone number (with availability schedules) that can be used by customers to obtain information and/or recommendations on the Products. A person shall be available to answer service calls or reply to voice messages and/or emails promptly and in no case more than 24 hours (business days) after sent. The Authorized Dealer must include details on how a customer may obtain after-sales technical support and warranty services, should there be any questions or issues relative to the Products.
        • Maximum order size: The Authorized Dealer must not permit a purchaser to buy more than five (5) units of the identical Product in order online from the Authorized Third-Party Platform.
        • Stocks: The Authorized Dealer shall ensure to always hold at least three (3) units of each Product to be able to be ready to ship orders without delays. In case it is out of stock regarding specific Products, the Authorized Dealer shall immediately indicate on the Authorized Third-Party Platform that the Products concerned are out of stock.
        • Delivery: The Authorized Dealer and the Authorized Third-Party Platform shall enable the customer to obtain a confirmation of its order within 24 hours (business days) and to deliver the Products to the carriers within a maximum of 48 hours (two (2) business days) from the confirmation of the order. The Authorized Dealer shall use only carriers that offer standard deliveries (within five (5) business days) and express deliveries (within two (2) business days). A high-quality packaging or over-packaging must be provided to prevent any damage or destruction of the Products during the delivery. The Authorized Dealer shall ensure that any Product delivered has a tracking number to be able to track its delivery and avoid any loss. In case of late delivery, the Authorized Dealer shall promptly inform the customer.
        • Personal data: The Authorized Third-Party Platform must allow the customer to access, modify, or delete personal data. The level of security of the Authorized Third-Party Platform shall be sufficient to avoid any intrusion, modification of its presentation (defacing) or hijacking of the customer's data.
        • Secure payment: The Authorized Third-Party Platform must use a secured protocol during online payments.
        • Compliance with laws: The Authorized Dealer is solely responsible for the legal compliance with applicable laws and regulations of all the aspects of promotions and sales of the Products through the Authorized Third-Party Platform, including but not limited to consumer law, e-commerce, and data protection rules.
        • The Authorized Dealer shall provide full cooperation to HOMEMATION in case of implementation of corrective measures.

SCHEDULE 2: ONLINE PRODUCT PERMISSIONS

  1. ONLINE. Online categorized products may be listed and advertised online with an immediate buying method. (Add to Cart / Buy now etc...)
  2. PREMIUM. Premium categorized products may be listed and advertised online. However, no online purchase option may be offered. Products must be advertised as in-store purchase.
  3. CUSTOM INSTALLATION. Custom installation categorized products (CI) are not allowed to be listed, advertised, or offered for sale online.
Contact your Sales Rep for the comprehensive list of products associated with each class above.

QUALIFYING FOR ONLINE SALES

To qualify as an authorized HOMEMATION online reseller, the following criteria must be met:
      1. The website must be a professional e-commerce platform.
      2. You must have a physical showroom/shop.
      3. To offer a brand online, a representative range of product must be stocked and displayed in your showroom/shop.
      4. You must be able to provide support and service for any goods you sell, irrespective of geographical region.
      5. The reseller is responsible for shipping the goods to the end customer.
      6. Do not discount prices further than 10% from the recommended retail.
      7. From time to time HOMEMATION may run promotional pricing or specials on certain products or systems. These prices may then be advertised online.
      8. Should you wish to run your own promotion, please contact your HOMEMATION sales consultant beforehand.
These rules are designed to ensure the longevity of your business and our brands.
Discounting prices further can:
  • Make it impossible to maintain your margins in-store. AV & Hifi are some of the only products that still offer a good margin to dealers. Let us try and keep it that way.
  • Create a “price war” with other dealers, where everyone loses.
  • Erode the brand equity.
Remember you will also lose margin to credit card payments.
The Control4, Pakedge and Luxul brands are not to be offered for sale online. This is in line with their international policy.