These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask for an explanation (before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with power tools, please see clauses below that describe the nature, functionality, usage rights and delivery of power tools.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or Toolcityonline.co.za Pty Ltd (Toolcityonline.co.za) in terms of the CPA.
Toolcityonline permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
REGISTRATION AND USE OF THE WEBSITE
You agree and warrant that the personal user name and password you create for use on this site shall:• be used for personal use only; and
• not be disclosed by you to any third party.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. 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. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Toolcityonline representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Toolcityonline representative.
CONCLUSION OF SALES AND AVAILABILITY OF STOCK
Registered users may place orders for Goods, which Toolcityonline may accept or reject. Whether or not Toolcityonline accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Toolcityonline for the Goods.
NOTE: Toolcityonline will indicate the acceptance of your order by delivering the Goods to you and only at that point will an agreement of sale between you and Toolcityonline come into effect (the “Sale”). This is regardless of any communication from Toolcityonline stating that your order or payment has been confirmed. Toolcityonline will indicate the rejection of your order (by Toolcityonline) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Toolcityonline will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Toolcityonline will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
You may contact us via email at email@example.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
DELIVERY OF GOODS
Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
Where it accepts your order, Toolcityonline will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
Toolcityonline’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Toolcityonline is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
Should you decide to register as a user on the Website, we may require you to provide us with personal information that includes but is not limited to:• your name and surname;
• your email address;
• your physical address;
• your gender;
• your cell phone number;
You agree that all information provided to Toolcityonline is accurate and in no way impersonates or misrepresents any person or entity or falsely states or otherwise misrepresents your affiliation with anyone or anything.
We will not, without your express consent
• use your personal information for any purpose other than as set out below:
- in relation to the ordering, sale and delivery of Goods;
- to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
- to inform you of new features, special offers and promotional - competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
- to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
• disclose your personal information to any third party other than as set out below:
- to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
- to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Toolcityonline is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
• treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
• take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• provide you with access to your personal information to view and/or update personal details;
• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Toolcityonline undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
CHANGES TO THESE TERMS AND CONDITIONS
Toolcityonline may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
OWNERSHIP AND COPYRIGHT
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Toolcityonline.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website content contact us via email at firstname.lastname@example.org.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Toolcityonline may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
RETURNSTo ensure your request is processed as quickly as possible you are responsible for the following when returning your products:
• package your products safely and securely for protection during transit including the original, undamaged packaging;
• clearly mark your return reference number on the outside of the parcel; and
• include all accessories and parts that were sold with the product.
Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.
Should you receive a product damaged during transport, you may return it within 5 (five) days of receipt – provided the product is returned in its original packaging and has not been used.
In such an instance, Toolcityonline will make a reasonable effort to exchange the product upon receipt of the returned products, but if replacement is not possible, will refund the purchase price including delivery cost upon receipt of the returned products.
NOT WHAT YOU ORDERED?
If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).