1. Definitions

1.1.In this agreement unless the context indicates otherwise:

1.1.1.  “Anew” means Anew Leasing Services (Pty) Ltd, Registration number 2020/882188/07;

1.1.2.  “Customer” means all of the persons whose names appear on the Lease Agreement as Customer;

1.1.3.  “Products” means premium baby product(s) which the Customer leases from Anew and which are described in the Lease Agreement;

1.1.4.  “Delivery” means the date at which the Customer takes possession of the Products at the address stipulated in the Lease Agreement;

1.1.5.  “Lease Agreement” means these terms and conditions, completed online order form(s), all other annexures and quotations which are presented to the Customer (either physically or electronically) and accepted (either physically or electronically) by the Customer;

1.1.6.  “Leasing Period” means the period between the date when the Products are delivered to the Customer up to and including the date when the Products are returned to Anew.

2. Leasing of Products

2.1.  Any personal information provided by the Customer when browsing the website or completing the online booking form is governed by the terms of Anew’s Privacy Policy which is available on the website and should be read in conjunction with these terms and conditions.

2.2.  All electronic communications by Anew is subject to the applicable provisions of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”). If you no longer wish to receive electronic communications from us, you are entitled to ‘opt out’ at any time.

3. Delivery of Products

3.1.  Anew shall deliver the Products to the Customer at an agreed date at the address stipulated by the Customer in writing.

3.2.  The Products shall be deemed to be delivered in good order and repair (fair wear and tear excluded) and without any damage unless any damage to the Products is recorded in writing and signed by both parties. If no damage is reported by the Customer and recorded in writing within 48 hours of date of Delivery of the Products, it will be accepted that the Products were delivered to the Customer without any damage.

3.3.  The Customer will have no claim against Anew in the event that the Products are not available for Delivery. Anew shall hold no responsibility or liability for any delay in Delivery which delay is occasioned by any unforeseen events not under the control of Anew which may include but not be limited to any act of God, war, fire, flood, pandemic, strikes, acts of terrorism, orders of Government, legislation, insurrection, sanctions, trade embargo or any economic or other cause beyond the reasonable control of Anew.

4. Use of products

4.1.  Anew agrees to grant the Customer the use of the Products for the duration of the Leasing Period. The Products may not be used beyond the borders of South Africa, unless prior written authorisation is obtained from Anew.

4.2.  The Customer may not sell or sub-let the Products to any third party.

4.3.  The Customer must make adequate provision for the safety and security of the Products

whilst the Products are in the Customer’s possession.

4.4.  Ownership of the Products shall remain vested in Anew and the Customer shall at no time acquire ownership of the Products.

5. Return of Products

5.1.  It remains the Customer’s responsibility to return the Products, unless prior and approved arrangements have been made with Anew. Special arrangements may be made for Anew to collect the Products from the Customer’s residential address and in this instance a fee will be charged.

5.2.  If the Customer fails to return the Products on the agreed date, Anew shall be entitled at any time to retake possession of the Products. The Customer will be charged for all costs incurred in recovering the Products.

6. Quotations, Lease Rates and Charges

6.1.  No quotation shall be valid until accepted by the Customer, either physically or electronically.

6.2.  The quotation includes the rate for leasing the Product(s) as well as a damage and wear-and-tear insurance fee.

6.3.  In the event that any Products are lost or stolen the Customer will be liable for the replacement value thereof.

7. Leasing Requirements and Payment

7.1.  The Customer shall provide the following:

–  Full names, residential address, telephone number and email address;

–  A copy of the Customer’s ID

7.2.  Payment shall be due and payable by the Customer to Anew upon presentation of the quote and prior to collection of the product(s).

7.3.  All payments are to be made free of exchange and commission and into Anew’s nominated bank account and in the nominated currency as recorded on the quote.

7.4.  The Customer will not be allowed to deduct or withhold any amounts due in terms of this agreement for any reasons whatsoever.

7.5.  All electronic payment transactions made in respect of these terms and conditions are processed by a secure payment system in accordance with the relevant provisions of ECTA.

7.6.  All third party costs such as transport costs and courier costs shall be for the Customer’s account unless otherwise agreed in writing.

7.7.  A certificate of any director of Anew as to the amount owed by the Customer to Anew shall constitute prima facie proof of the amount due.

8. Procedure in the event of an incident (damage/theft/loss)

8.1. In the event of damage to the Products, the Customer must notify Anew within 24 hours of the incident. A comprehensive report detailing the incident and extent of damage, together with photographs of such damage, must be sent to Anew within 48 hours of the incident.

8.2.  In the event of damage (fair wear and tear excluded), where replacement of the Product(s) but the damage caused to the Product(s) was due to the Customer’s negligence the Customer shall be liable for the (replacement) cost(s) incurred by Anew for repairing or replacing the Product(s).

8.3.  In the event of theft or loss of the Products the incident must be reported by the Customer to Anew immediately and reported to the nearest Police Station within 24 hours of the incident. The Customer will be responsible and liable for the replacement value of such lost or stolen Product, irrespective of whether or not such theft or loss was caused by or attributable to the Customer’s fault or negligence. The total loss amount (meaning the retail value of the Product as at date of loss) shall be billed to the Customer and invoiced accordingly.

8.4.  It shall be the responsibility of the Customer to ensure that the necessary insurance be obtained to cover such incidences (theft and loss) and such insurance costs shall be borne by the Customer.

9. Termination and/or Cancellation

9.1.  Should the Customer breach any of the terms and conditions, Anew will be entitled, without prejudice to any other rights it may have in law, including the right to claim damages, to cancel this agreement and demand immediate return of the Products.

9.2.  If the Customer wishes to cancel, the Customer must give written notice. The Customer agrees that Anew will be entitled to charge the Customer a cancellation penalty, which penalty shall be determined within Anew’s sole discretion provided such penalty is reasonable.

9.3. If the Customer has a confirmed booking and wants to cancel all or any part of the Products the Customer will receive a refund as follows:

9.4. The cost for insurance, collection/delivery and possible set up/breakdown will be fully refunded regardless of cancellation time frame. 

10. Indemnity & Warranties

10.1. The Customer shall not have any claims of whatsoever nature or kind against Anew or its directors for any loss, damage (whether direct or indirect), injury or death sustained to or by any party whatsoever regardless of how same arose and even in circumstances where such loss, damage, injury or death arose out of the negligence of Anew or its directors.

10.2.  Anew and its shareholders and directors are indemnified by the Customer against any claim of any nature whatsoever and howsoever arising for any damage or loss which might be instituted against Anew arising from or connected with, or as a result of, the leasing of the Products.

10.3.  The Customer remains responsible for ensuring that the Products are fit for the Customer’s intended use and purpose and Anew gives no warranties in this regard except to warrant that the Products are in good, safe and working condition.

10.4.  The Customer indemnifies and holds Anew harmless against any loss or harm suffered by the Customer arising out of the failure by any third-party to comply with the relevant provisions of the Protection of Personal Information Act 4 of 2013 and shall have no claim of whatsoever nature or kind against Anew in this regard.

10.5.  The Customer undertakes to notify Anew in writing within 7 (seven) days of any change of the Customer’s residential address and contact details.

11. General

11.1.  The Customer chooses as his/her domicilium citandi et executandi, the address as set out on the quote.

11.2.  In the event of Anew instituting action against the Customer, the Customer shall be liable for all legal costs incurred by Anew on an attorney-client scale, including collection commission.

11.3.  The Lease Agreement is the entire agreement between the parties and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in the Lease Agreement.