Terms and Conditions

Important

  1. This document sets out the process in terms of which you may reserve and purchase a unit in the proposed sectional title scheme; The Saxony Sandton.
  2. Once you have successfully reserved a unit in terms of the process set out hereunder (which includes the payment of an initial deposit of R50 000.00), you will be contacted by The Saxony Sandton development consultants, with a view to meeting with you to sign the contract of sale, to purchase the unit you have selected.
  3. It is incumbent upon you to carefully peruse the Contract of Sale, which can be downloaded from the website. Ensure you are familiar with all the Terms and Conditions; should you have any queries in this regard, please contact the Saxony Developments development consultants, who will assist.
  4. Once the contract of sale has been signed, the purchase of the unit will have been legally concluded and you will be bound by the terms of the contract.

It is important to read the following Terms and Conditions prior to proceeding to ensure that you are aware of and understand the process and information supplied. Should you proceed further you will be bound by these Terms and Conditions.

If you are unsure of any of the contents, kindly contact The Saxony Sandton development consultants on 087 094 1080.

Application

  1. These Terms and Conditions will apply specifically to the purchase of a section in The Saxony Sandton, a sectional title development situated at 21 Rivonia Road, Illovo, Sandton, by you (the Purchaser).
  2. You are entering into an agreement with the Horsewood Trust (the Seller), IT No 1082/2013/DBN.
  3. By proceeding to purchase any of the sections, you agree to these Terms and Conditions by clicking on the button marked ‘I accept’. If you do not click on the button, you will not be able to complete your Purchase.
  4. By continuing to purchase the unit in The Saxony Sandton from this website, www.thesaxonysandton.co.za, please confirm that:
    • You are eligible to enter into a contract, and
    • You are at least 18 years old.

Interpretation

  1. “Purchaser” means a party entering into the contract of sale to purchase The Saxony Sandton unit.
  2. “Contract” or “Sales agreement” means the legally-binding agreement between you (the Purchaser) and The Horsewood Trust (the Seller) for the purchase of the unit.
  3. “Durable medium” means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purpose of the information, and allows the unchanged reproduction of the information stored.
  4. “Unit” means the sectional title units in The Saxony Sandton development advertised on the website.
  5. “Purchase” means the Purchaser’s purchase of a sectional title unit from the Seller – following the step-by-step process set out on the website.
  6. “Privacy policy” means the terms which set out how we will deal with confidential and personal information received from you via the Website.
  7. “Website” means our Website (thesaxonysandton.co.za) on which the units are advertised and sold.

Product

  1. The description of the unit is set out in the Website (thesaxonysandton.co.za), e-brochure or any other form of advertisement. Any description is for illustrative purposes only as there may be small discrepancies in the size and unit type.
  2. In the case of any unit designed to the Purchaser’s special requirements, it is the Purchaser’s responsibility to ensure that any information or specification provided is accurate.
  3. All units in The Saxony Sandton which appear on the Website, thesaxonysandton.co.za, are subject to availability.
  4. We reserve the right to make changes to the units which are necessary to comply with any applicable law or safety requirement.

Personal information and profile registration

  1. When registering to use the Website, a username and password, using the same email address initially registered with, must be set up. The Purchaser remains responsible for all actions taken under the chosen username and password and undertakes not to disclose their username and password to anyone else and keep them secret.
  2. The Purchaser must be aware that personal information is collected directly from the source (the Purchaser), further ensuring accuracy. The Purchaser’s information will thereafter be processed in order to assist with setting up the Purchasers’ Contract of Sale and to communicate with them about the development and its launch event. The personal information will include their FICA documentation and their contact information.
  3. We use all information strictly under the Privacy Policy.
  4. We may contact you using your contact telephone numbers, email or other electronic communication methods you have supplied us with, and you expressly agree to this.
  5. The following documentation is to be uploaded prior to Saturday, 17 November 2018.
    • Identity document (certified copy).
    • Income tax number.
    • Proof of residential address (not older than 3 months), this must reflect your name and physical residential address.
    • If married, your marriage certificate and ANC contract (if applicable).
    • Proof of reservation deposit payment.
    • A signed resolution, if you are purchasing in a Trust, Company or Close Corporation (available on the downloads page).
  6. Please note that it is in your best interest to ensure your FICA documents are submitted so as to ensure that your deposit can be placed into an interest-bearing trust banking account.

Sales Agreement

  1. Accepting the Terms and Conditions confirms that you have read and understand the Conditions of Sale for the unit.
  2. The Sale Agreement may be downloaded from the Website (thesaxonysandton.co.za). Should you have any queries relating to the Sale Agreement, contact The Saxony Sandton sales office on 087 094 1080.

Basis of Sale

  1. The description of the unit on our website does not constitute a contractual offer to sell the unit. When a purchase has been submitted on the website, we may reject it for any reason, although we will try to notify you of the reason without delay.
  2. The Purchase process is set out on the website. Each step allows you to check and amend any errors before submitting your Purchase. It is your responsibility to check that you have used the purchasing process correctly.
  3. You are not limited to buying units, which may be checked out at the same time.
  4. When you have made your selection, the property will be reserved for 20-minutes to complete your Purchase. If you fail to comply with this time limit, the selected property for Purchase will be placed back for sale.
  5. Once the Purchase is complete, a confirmation email will be received to confirm that your Purchase has been successful.
  6. A Contract will be drafted for the sale of the unit purchased only when you receive an email from us confirming the Purchase (Purchase Confirmation). You must ensure that the Purchase Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Purchase made by you (the Purchaser). By making a Purchase, the Purchaser agrees to the Seller giving you confirmation of the Sale Agreement by means of an email, but in any event not later than the delivery of any unit purchased under the Sale Agreement.
  7. There will be no variation of the Sale Agreement, whether about description of the unit, pricing or otherwise can be made after it has been entered into unless the variation is agreed by the Purchaser and the Seller.

Price and Payment

  1. The price of the unit and any additional charges is that set out on the Website (thesaxonysandton.co.za) at the date of the sales launch.
  2. Prices and charges include VAT at the rate applicable at the sales launch.
  3. The transaction of R50,000.00 per unit, which goes towards the deposit, will be less the Payfast transaction fee.
  4. The aforesaid amount shall be transferred from the online portal directly into the trust account of the conveyancing attorneys; NCA Attorneys. The R50,000 is a non-refundable booking fee, once the contract of sale is concluded.
  5. You must pay via Payfast or Zapper so that the Seller’s conveyancer can take payment immediately.
  6. The Payfast transaction fee will be included in the sales payment.
  7. If you are signed up with Payfast, please read through the terms and conditions for the Payfast end user agreement.

Title

  1. You do not own the unit until we have received payment in full for the unit and ownership in and to the section you have purchased shall pass to you on registration of transfer of same into your name.
  2. Once the initial R50 000 payment is paid in full, the unit will be reserved in the Purchaser’s name.
  3. The Purchaser has 7 working days to sign the Contract of Sale.

Withdraw and cancellation

  1. You may withdraw from the Purchase, prior to the Sales Agreement being signed and confirmed.
  2. Once a Sale Agreement is signed, please note that the R50 000 deposit payment is non-refundable.
  3. If you have paid R50 000 and now decide not to purchase (prior to signing the sale agreement) and require a refund, NCA Attorneys charge R1500.00 + Vat.
  4. To cancel, please notify one of the onsite sales consultants. Acknowledgement of receipt of such cancellation, in a Durable Medium (eg. by email), will be sent without delay.
  5. You will be required to send the certified documentation as per the FICA Schedule, a completed and signed EFT Authorisation, together with a bank statement or cancelled cheque.
  6. The Purchaser hereby agrees that any dispute of whatsoever nature relating to or arising out of any use of the Website (thesaxonysandton.co.za), whether directly or indirectly, shall be governed by the laws of the Republic of South Africa, and shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

Excluding liability

  1. The Seller does not accept liability for any fraudulent act or omission; or for death or personal injury caused by negligence or breach of the Seller’s other legal obligations.

Governing law, jurisdiction and complaints

  1. The contract of sale (including any non-contractual matters) is governed by the law of South Africa.
  2. Disputes must be determined within the jurisdiction of the courts of South Africa.
  3. We try to avoid any dispute, so we deal with complaints in the following way: Purchasers may contact the Seller/Saxony Developments directly on email michelle@saxony.co.za or telephone 083 395 1098.

Disclaimer and contract of sale

These terms and conditions were created by Saxony Developments.

The Purchaser acknowledges that he/she has read and understands this disclaimer and has agreed to be bound by the Terms and Conditions hereof.

Please note that nothing on this website shall constitute a warranty by The Saxony Sandton. The only warranties that will be made by the Seller, are those contained in the Contract of Sale and the annexures thereto, and it is incumbent upon you to peruse and check same carefully. If there is any discrepancy between the information provided on this Website and the provisions of the Contract of Sale, the provisions of the Contract of Sale shall prevail.