Terms and conditions
These terms and conditions are the contract between you and Walt Gear (Pty) Ltd (“us”,
“we”, etc). By visiting or using Our Website, you agree to be bound by them.
I / We are Walt Gear (Pty) Ltd a company duly registered in terms of the laws of South
Africa, with registration number 2020/439668/07. Our address is 45 Walton Avenue,
Kilnerpark, Pretoria, South Africa.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should
leave Our Website immediately.
The terms and conditions:
1. Definitions
In this agreement:
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or
not formally in partnership, or to a corporation, government body, or other
association or organisation.
“Carrier” means any person or business contracted by us to carry
Goods from us to you.
“Content” means any content in any form published on Our Website
by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on Our Website,
or, if the context requires, goods we sell to you.
“Our Website” means any website of ours, and includes all web pages
controlled by us.
“Post” means display, exhibit, publish, distribute, transmit and/or
disclose information, Content and/or other material on to
Our Website, and the phrases “Posted” and “Posting” shall
be interpreted accordingly.
2.2. these terms and conditions apply to all supplies of Goods by us to any
customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an
obligation not to allow some other person to do or omit to do that same thing.
2.4. Except where stated otherwise, any obligation of any person arising from this
agreement may be performed by any other person.
2.5. in this agreement references to a party include references to a person to
whom those rights and obligations are transferred or pass as a result of a
merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do
not affect the interpretation.
2.7. a reference to an act or regulation includes new law of substantially the same
intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as
including the estimated cost of management time of the indemnified party.
2.9. these terms and conditions apply in any event to you as a buyer or
prospective buyer of our Goods and so far as the context allows, to you as a
visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict
in meaning between the English language version of this agreement and any
version or translation of this agreement in any other language, the English
language version shall prevail.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and
supersedes all previous agreements and understandings between the
parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not
rely on any representation, warranty, information or document or other term
not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another
person you warrant that you have full authority to do so and you accept
personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Goods
advertised on Our Website are available. We may change these terms from
time to time. The terms that apply to you are those posted here on Our
Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change
a price so as to affect the price charged to you at the time when you buy
those Goods.
3.6. If in future, you buy Goods from us under any arrangement which does not
involve your payment via Our Website; these terms still apply so far as they
can be applied.
3.7. We do not sell the Goods in all countries. We may refuse to deliver the
Goods if you live in a country we do not serve.
4. Acceptance of your order
4.1. Your order is an offer to buy from us. Nothing that we do or say will amount
to any acceptance of that offer until we actually dispatch the Goods to you. At
any point up until then, we may decline to supply the Goods to you without
giving any reason.
4.2. At any time before the Goods are despatched, we may decline to supply the
Goods to you without giving any reason.
4.3. If we do not have all of the Goods you order in stock, we will offer you
alternatives. If this happens you may:
4.3.1. accept the alternatives we offer;
4.3.2. cancel all or part of your order.
5. Price and payment
5.1. The price payable for the Goods that you order is clearly set out on Our
Website.
5.2. It is possible that the price may have increased from that posted on Our
Website. If that happens, we will not despatch the Goods until you have
confirmed that you wish to buy at the new price.
5.3. Prices include value added tax (“VAT”). If you show, by your delivery
address, that you reside outside South Africa, VAT will be deducted at the
payment point.
5.4. Bank charges by the receiving bank on payments to us will be borne by us.
All other charges relating to payment in a currency other than Rand will be
borne by you.
5.5. Any information given by us in relation to exchange rates are approximate
only and may vary from time to time.
5.6. If, by mistake, we have under-priced Goods, we will not be liable to supply
that those Goods to you at the stated price, provided that we notify you
before we dispatch it to you.
5.7. The price of the Goods does not include the delivery charge which will be
charged at the rates applicable at the date you place your order and which
will be displayed on a page of Our Website before we ask you to pay.
5.8. If we owe you money (for this or any other reason), we will credit your credit
or debit card as soon as reasonably practicable but in any event no later than
15 days from the date when we accept that repayment is due.
6. Security of your credit card
We take care to make Our Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use
one or more online payment service providers who will encrypt your card or
bank account details in a secure environment.
7. If you buy as a Consumer
This paragraph applies if and only if, you are a consumer as defined in the
Electronic Communications and Transactions Act 2002.
7.1. As required by the law, details of our after-sales service and guarantees, if
any, are given in Our Website terms and conditions or in catalogues.
7.2. You may cancel your order at any time before the expiry of 7 days from the
date you receive the Goods, not including the day you received it.
7.3. The option to cancel your order is not available:
7.3.1. if you purchase sealed Goods which relate to health or hygiene, and
they become unsealed after delivery, or cannot be re-sold for some
other reason;
7.3.2. sealed audio or sealed video recordings or sealed computer
software, if these become unsealed after delivery;
7.3.3. if the Goods become mixed inseparably (according to their nature)
with other items after delivery.
7.4. You are responsible for the cost of returning the Goods. We have no
obligation to refund to you, your cost of re-packing and returning the Goods.
7.5. If the Goods you return, show any sign of damage then we shall be entitled
to deduct the cost from your refund money.
7.6. In the event of cancellation of an order by you in compliance with these
terms, we will refund any money due to you within 30 days.
7.7. To assist us in identifying your Goods on receipt by us, we ask you to provide
a telephone number and email address for a return reference to be placed
below our address / returns label.
7.8. This paragraph does not affect your rights in the event that the Goods are
faulty.
8. Delivery and pick up
8.1. Goods will be despatched for delivery within 30 business days from the day
you place an order to purchase the Goods.
8.2. Deliveries will be made by the Carrier to the address stipulated in your order.
You must ensure that someone is present to accept the delivery.
8.3. If, for whatsoever reason, we are not able to deliver your Goods within 30
days of the date of your order, we shall notify you by e-mail to arrange
another date for delivery.
8.4. We may deliver the Goods in instalments if they are not all available at the
same time for delivery.
8.5. Goods are sent at your risk.
8.6. All Goods must be signed for on delivery by an adult aged 18 years or over.
If no one of that age is at the address when the delivery is attempted the
Goods may be retained by the driver. When your Goods arrive, it is important
that you check immediately the condition and quantity. If your Goods have
been damaged in transit, you must refuse the delivery and immediately
contact us so that we may dispatch a replacement quickly and minimise your
inconvenience.
8.7. Signing “Unchecked”, “Not Checked” or similar is not acceptable.
8.8. Goods are sent by courier. We will send you a message by email to tell you
when we have despatched your order.
8.9. If we agree with you to deliver on a particular day or at a particular time, we
will do our best to comply. But no time given is to be treated as contractual.
So we are not liable to you for any expense or inconvenience you incur on
account of delayed delivery or non-delivery.
8.10. Some Goods may be delivered direct from the manufacturer who will contact
you to arrange delivery. When delivery of the Goods has been arranged
directly with the manufacturer, you will be subject to the manufacturer’s
delivery policy.
8.11. Some Goods are so large and heavy that delivery times may be slightly
longer. In this case, approximate delivery dates will be given when you place
your order.
8.12. Time for delivery specified on the order, if any, is an estimate only and time
shall not be of the essence.
8.13. We are happy for you to pick up Goods from our warehouse provided you
make an appointment in advance and payment has been received into our
bank.
8.14. If you pick up Goods from our premises then:
8.14.1. we will not be able to assist you in loading heavy items;
8.14.2. Goods are at your risk from the moment they are picked up by you or
your Carrier from our shop / warehouse;
8.14.3. you agree that you are responsible for everything that happens after
you take possession of the Goods, both on and off our premises,
including damage to property of any sort, belonging to any person.
9. Foreign taxes and duties
9.1. If you are not in South Africa, we have no knowledge of, and no responsibility
for, the laws in your country.
9.2. You are responsible for purchasing Goods which you are lawfully able to
import and for the payment of import duties and taxes of any kind levied in
your country.
10. Liability for subsequent defects
10.1. We will repair or replace Goods which fail to comply with the provisions of
the the Consumer Protection Act 2008 or which show a defect. If you claim
that the item is defective, the following conditions apply:
10.1.1. the defect must be reported to us within four weeks of becoming
apparent;
10.1.2. the defect results only from faulty design or manufacture;
10.1.3. you have returned the defective Goods or parts to us if we have so
requested.
10.2. If we agree that we are liable, we will refund the cost of return carriage and
will repair or replace the Goods free of charge.
10.3. If we repair or replace the Goods, you have no additional claim against us
either under this agreement or by statute or common law, in respect of the
defect.
11. Goods returned
These provisions apply if you return any Goods to us for any reason :
11.1. We do not accept returns unless there was a defect in the Goods at the time
of purchase, or we have agreed in correspondence that you may return
them.
11.2. The Goods must be returned to us as soon as any defect is discovered but
not later than 6 months.
11.3. So far as possible, Goods should be returned:
11.3.1. with both Goods and all packaging as far as possible in their original
condition;
11.3.2. securely wrapped;
11.3.3. including our delivery slip;
11.3.4. at your risk and cost.
11.4. You must inform us via email message to sales@waltgear.co.za that you
would like to return Goods, specifying exactly what Goods and when
purchased, and giving full details of the defect or other reason for return. We
will then issue a returns note. If you send Goods to us without a returns note,
we may not be able to identify sufficient details to enable us to attend to your
complaint.
11.5. In returning faulty Goods please enclose with it a note clearly stating the fault
and when it arises or arose.
11.6. If we agree that the Goods are faulty, we will:
11.6.1. refund the cost of return carriage;
11.6.2. repair or replace the Goods as we choose.
12. Disclaimers
12.1. The law differs from one country to another. This paragraph applies so far as
the applicable law allows.
12.2. All implied conditions, warranties and terms are excluded from this
agreement. If in any jurisdiction an implied condition, warrant or term cannot
be excluded, then this sub paragraph shall be deemed to be reduced in
effect, only to the extent necessary to release that specific condition,
warranty or term.
12.3. We make no representation or warranty for:
12.3.1. the quality of the Goods;
12.3.2. any implied warranty or condition as to merchantability or fitness of
the Goods for a particular purpose;
12.3.3. the correspondence of the Goods with any description;
12.3.4. the adequacy or appropriateness of the Goods for your purpose.
12.4. We claim no expert knowledge in any subject. We disclaim any obligation or
liability to you arising directly or indirectly from information you take from Our
Website.
12.5. We shall not be liable to you for any loss or expense arising out of or in
connection with your use of Our Website, which is indirect or consequential
loss, or economic loss or other loss of turnover, profits, business or goodwill.
This applies whether in an action of contract, negligence or otherwise, even if
such loss was reasonably foreseeable or we knew you might incur it.
12.6. We make no representation or warranty and accept no responsibility in law
for:
12.6.1. accuracy of any Content or the impression or effect it gives;
12.6.2. delivery of Content, material or any message;
12.6.3. privacy of any transmission;
12.6.4. any act or omission of any person or the identity of any person who
introduces himself to you through Our Website;
12.6.5. any aspect or characteristic of any goods or services advertised on
Our Website;
12.7. Our Website includes Content Posted by third parties. We are not
responsible for any such Content. If you come across any Content which
offends you, please contact us via the “Contact us” page on Our Website.
12.8. We will do all we can to maintain access to Our Website, but it may be
necessary for us to suspend all or part of our service for repairs,
maintenance or other good reasons. We may do so without telling you first.
12.9. Our total liability under this agreement, however it arises, shall not exceed
the sum of R 25,000.00 (Twenty Five Thousand Rand). This applies whether
your case is based on contract, delict or any other basis in law.
12.10. This paragraph (and any other paragraph which excludes or restricts our
liability or provides an indemnity to us) applies to our directors, officers,
employees, subcontractors, agents and affiliated companies, as well as to
us.
12.11. If you become aware of any breach of any term of this agreement by any
person, please inform us via email at legal@waltgear.co.za. We welcome
your input.
12.12. Nothing in this agreement excludes liability for a party’s fraud.
13. Your account with us
13.1. You agree that you have provided, and will continue to provide accurate, up
to date, and complete information about yourself. We need this information to
provide you with the Goods.
13.2. If you use Our Website, you are responsible for maintaining the
confidentiality of your account and password and for preventing any
unauthorised person from using your account.
13.3. You agree to accept responsibility for all activities that occur under your
account or password. You should tell us immediately if you believe some
person has accessed your account without your authority and also log in to
your account and change your password.
14. Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post
Content which is or may:
14.1. be malicious or defamatory;
14.2. consist in commercial audio, video or music files;
14.3. be illegal, obscene, offensive, threatening or violent;
14.4. be sexually explicit or pornographic;
14.5. be likely to deceive any person or be used to impersonate any person, or to
misrepresent your identity, age or affiliation with any person;
14.6. give the impression that it emanates from us or that you are connected with
us or that we have endorsed you or your business;
14.7. solicit passwords or personal information from anyone;
14.8. be used to sell any goods or services or for any other commercial use;
14.9. include anything other than words (i.e. you will not include any symbols or
photographs) except for a photograph of yourself in your profile in such place
as we designate;
14.10. link to any of the material specified above, in this paragraph.
14.11. send age-inappropriate communications or Content to anyone under the age
of 18.
15. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a
Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
15.1. hyperlinks, other than those specifically authorised by us;
15.2. keywords or words repeated, which are irrelevant to the Content Posted.
15.3. the name, logo or trademark of any organisation other than yours.
15.4. inaccurate, false, or misleading information.
16. How we handle your Content
16.1. If you Post Content to any public area of Our Website it becomes available in
the public domain. We have no control who sees it or what anyone does with
it.
16.2. Even if access to your text is behind a user registration it remains effectively
in the public domain because someone has only to register and log in, to
access it. You should therefore avoid Posting unnecessary confidential
information.
16.3. We need the freedom to be able to publicise our Services and your own use
of them. You therefore now irrevocably grant us the right and licence to edit,
copy, publish, distribute, translate and otherwise use any Content that you
place on Our Website, in public domains and in any medium. You represent
and warrant that you are authorised to grant all such rights.
16.4. We will use that licence only for commercial purposes of the business of Our
Website and will stop using it after a commercially reasonable period of time.
16.5. You agree to waive of your right to claim authorship and your right to object to
any distortion, mutilation or other modification of your work as provided in the
Copyright Act 1978.
16.6. You now irrevocably authorise us to publish feedback, comments and ratings
about your activity through Our Website, even though it may be defamatory
or critical.
16.7. Posting content of any sort does not change your ownership of the copyright
in it. We have no claim over it and we will not protect your rights for you.
16.8. You understand that you are personally responsible for your breach of
someone else’s intellectual property rights, defamation, or any law, which
may occur as a result of any Content having been Posted by you.
16.9. You accept all risk and responsibility for determining whether any Content is
in the public domain and not confidential.
16.10. Please notify us of any security breach or unauthorised use of your account.
16.11. We do not solicit ideas or text for improvement of our Service, but if you do
send to us material of any sort, you are deemed to have granted us a licence
to use it in the terms set out at 16.5 above.
17. Removal of offensive Content
17.1. For the avoidance of doubt, this paragraph is addressed to any person who
comes on Our Website for any purpose.
17.2. We are under no obligation to monitor or record the activity of any customer
for any purpose, nor do we assume any responsibility to monitor or police
Internet-related activities. However, we may do so without notice to you and
without giving you a reason.
17.3. If you are offended by any Content, the following procedure applies:
17.3.1. Your claim or complaint must be submitted to us in the form available
on Our Website, or contain the same information as that requested in
our form. It must be sent to us by post or email.
17.3.2. we shall remove the offending Content as soon as we are
reasonably able;
17.3.3. after we receive notice of a claim or complaint, we shall investigate
so far as we alone decide;
17.4. We may re-instate the Content about which you have complained or not.
17.5. In respect of any complaint made by you or any person on your behalf,
whether using our form of complaint or not, you now irrevocably grant to us a
licence to publish the complaint and all ensuing correspondence and
communication, without limit.
17.6. You now agree that if any complaint is made by you frivolously or vexatiously
you will repay us the cost of our investigation including legal fees, if any.
18. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
18.1. modify, copy, or cause damage or unintended effect to any portion of Our
Website, or any software used within it.
18.2. link to Our Website in any way that would cause the appearance or
presentation of Our Website to be different from what would be seen by a
user who accessed Our Website by typing the URL into a standard browser;
18.3. download any part of Our Website, without our express written consent;
18.4. collect or use any product listings, descriptions, or prices;
18.5. collect or use any information obtained from or about Our Website or the
Content except as intended by this agreement;
18.6. aggregate, copy or duplicate in any manner any of the Content or information
available from Our Website, other than as permitted by this agreement or as
is reasonably necessary for your use of Our Website;
18.7. share with a third party any login credentials to Our Website.
18.8. Despite the above terms, we now grant a licence to you to:
18.8.1. create a hyperlink to Our Website for the purpose of promoting an
interest common to both of us. You can do this without specific
permission. This licence is conditional upon your not portraying us or
any product or service in a false, misleading, derogatory, or
otherwise offensive manner. You may not use any logo or other
proprietary graphic or trademark of ours as part of the link without
our express written consent.
18.8.2. you may copy the text of any page for your personal use in
connection with the purpose of Our Website.
19. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or
indirectly from:
19.1. your failure to comply with the law of any country;
19.2. your breach of this agreement;
19.3. any act, neglect or default by any agent, employee, licensee or customer of
yours;
19.4. a contractual claim arising from your use of the Goods;
19.5. a breach of the intellectual property rights of any person.
20. Intellectual Property
20.1. We will defend the intellectual property rights in connection with our Goods
and Our Website, including copyright in the Content whether provided by us
or by any other content provider (including copyright in: text, graphics, logos,
icons, images, audio clips, digital downloads, data, and software).
20.2. Except as set out below, you may not copy, modify, publish, transmit, transfer
or sell, reproduce, create derivative works from, distribute, perform, display,
or in any way exploit any of the Content, in whole or in part.
20.3. You may not use our name or logos or trademarks or any other Content on
any website of yours or that of any other person.
20.4. Subject to the other terms of this agreement, you may download or copy
Content only for your own personal use, provided that you maintain all
copyright and other notices contained in it. You may not store electronically
any significant portion of any Content.
21. Miscellaneous matters
21.1. When we communicate with you we do so by email. You agree that email
communications are contractually binding in the same way as properly
signed and dated paper sent by post.
21.2. Where we provide goods and/or services without specific charge to you, then
it (or they) is deemed to be provided free of charge, and not to be associated
with any other Goods for which a charge is made. Accordingly, there is
neither contractual nor other obligation upon us in respect of those goods or
that service.
21.3. If any term or provision of this agreement is at any time held by any
jurisdiction to be void, invalid or unenforceable, then it shall be treated as
changed or reduced, only to the extent minimally necessary to bring it within
the laws of that jurisdiction and to prevent it from being void and it shall be
binding in that changed or reduced form. Subject to that, each provision shall
be interpreted as severable and shall not in any way affect any other of these
terms.
21.4. The rights and obligations of the parties set out in this agreement shall pass
to any permitted successor in title.
21.5. No failure or delay by any party to exercise any right, power or remedy will
operate as a waiver of it nor indicate any intention to reduce that or any other
right in the future.
21.6. Any communication to be served on either party by the other shall be
delivered by hand or recorded delivery or by e-mail.
21.7. In the event of a dispute between the parties to this agreement, then they
undertake to attempt to settle the dispute by engaging in good faith with the
other in a process of mediation before commencing arbitration or litigation.
21.8. So far as the law permits, and unless otherwise stated, this agreement does
not give any right to any third party.
21.9. Neither party shall be liable for any failure or delay in performance of this
agreement which is caused by circumstances beyond his reasonable control,
including any labour dispute between a party and its employees.
21.10. In the event of any conflict between any term of this agreement and the
provisions of the memorandum of incorporation of a limited company or any
comparable document intended to regulate any other corporate or collective
body, then the terms of this agreement shall prevail.
21.11. The validity, construction and performance of this agreement shall be
governed by the laws of the Republic of South Africa and you agree that any
dispute arising from it shall be litigated only in that country.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: 72 hours after a first
notification has been sent to the recipient by the relevant post
office;
If sent by e-mail to legal@waltgear.co.za: within 24 hours if no
notice of non-receipt has been received by the sender.