TERMS & CONDITIONS
TERMS & CONDITIONS
These Terms and Conditions of Sale (hereinafter the “Agreement”) governing orders placed on the www.foxracing.co.za website (the “Web Site”) are hereby entered into between:
- On the one hand, Sector Apparel cc t/a Sector Sportswear (hereinafter “Fox Racing”, “We”, “Us”, “Our” or the “Vendor”), a South African PTY LTD company whose registered address is PO Box 47254, Greyville, 4023, South Africa, whose South African VAT number is VAT # 412 018 7028.
- And on the other hand, any natural person who is not a trader and who resides in one of the territories listed in article 1.3 below (hereinafter the “User”, “You”, “Your” or the “Customer(s)”) who wishes to make, is making or has made a purchase (hereinafter the “Order(s)”) of goods or services which the Vendor offers for sale on the Web Site, on a strictly personal basis and not for commercial, charitable or trade purposes, nor for the purposes of resale or transfer whether free of charge or inreturn for consideration.
The Vendor and the Customer shall be referred to individually as a “Party” and collectively as the “Parties” for the purposes of this Agreement.
The Parties hereby agree that their relationship concerning the preparation, conclusion and performance of any Order shall be governed by the Agreement entered into by the Customer upon placing an Order as well as by the Terms and Conditions governing the Use of the Web Site which apply upon placing any Order and which shall be deemed to constitute, together with this Agreement, a single indivisible contractual whole governing the relationship between the Parties, to the exclusion of any previous version of contractual terms available on the Web Site. Should any issue necessary to the performance or the interpretation of this Agreement not be expressly mentioned in this Agreement, it shall be deemed to be governed by the rules and common practice which are applicable to distance sales companies based in France.
ARTICLE 1. PURPOSE, APPLICABLE LAW AND TERRITORIES
This Agreement sets out the terms and conditions governing the sale of goods and services offered by the Vendor on the Web Site, between the Vendor and the Customer. This Agreement governs the conditions under which orders are placed, paid for, tracked and delivered, and where applicable, the warranties which may be applicable to Orders and the Customer’s right to change his/her mind after placing an Order, in compliance with the terms of this Agreement and the law governing this Agreement.
The Vendor shall be entitled to alter this Agreement at any time. Any modification of this Agreement shall come into force as soon as published on the Web Site. Therefore, the Agreement which shall govern the relationship between the Parties shall be the version thereof which is online at the time the Customer places an Order and which is expressly accepted by the Customer upon placing his/her Order.
1.2. APPLICABLE LAW, SETTLEMENT OF DISPUTES AND LANGUAGE OF THIS AGREEMENT
The Web Site, this Agreement and any Orders which are placed through the Web Site, as well as the performance thereof, shall be governed by French law, as the law of the place where the Vendor is established and where the Web Site is operated from. Any dispute arising in connection with the interpretation or performance of this Agreement shall be governed by French law and placed under the jurisdiction of the courts of the place where the defendant is domiciled, or by the courts of the place where the goods were effectively delivered, at the defendant’s discretion.
Any Order placed on the Web Site may only be validly concluded between the Vendor and a Customer residing in any one of the following territories, to which the Order must be both billed and delivered:
- SOUTH AFRICA
Should the Customer reside outside the above mentioned territories, he or she may not validly place an Order via the Web Site.
ARTICLE 2. ORDERS
2.1. THE CUSTOMER’S ACCEPTANCE OF THIS AGREEMENT
The Customer must read and expressly accept this Agreement prior to placing any Order on the Web Site. Customers may save or print out the Agreement which applies to their Order. When Customers are ready to finalise an Order, they may print out a summary statement of such Order.
2.2. THE VENDOR’S ACCEPTANCE OF THE ORDER
The Vendor shall only fulfil Orders received via the Web Site from Customers residing in one of the territories listed in article 1.3 above provided that such Orders are due to be delivered in the territory where the Customer resides.
Once the Vendor receives an Order placed by the Customer, the Vendor shall send a detailed order acknowledgement message to the Customer stating the total amount being billed to the Customer including all taxes, as well as the amount of VAT which is being charged and the delivery terms applicable to the Order. This order acknowledgement shall express the Vendor’s acceptance of the Order placed by the Customer.
Any goods and their prices shall only apply to Orders placed by Customers as long as they are visible on the Web Site during the placing of an Order by a Customer, subject to availability.
The Vendor undertakes to notify the Customer by e-mail, should any goods or services turn out to be unavailable once an Order has been placed by the Customer. In such case, the amount to be billed for the Customer’s Order shall be recalculated and the Customer shall be reimbursed for the amount of the unavailable goods or services. Should all the goods ordered by the Customer be unavailable, the Customer shall be notified by e-mail that the Order is cancelled and shall be reimbursed for the total amount of the Order. The Vendor’s cancellation of the Customer’s Order shall not give any right to compensation for the Customer based on the unavailability of the expected goods or services. The Customer shall be free to place a new Order on the Web Site for other available goods.
ARTICLE 3. DESCRIPTION OF THE GOODS AND APPLICABLE PRICES
3.1. DESCRIPTION OF THE GOODS
Users may, prior to placing an Order, peruse the essential characteristics of the goods which they intend to order on the Web Site. However, the photographs, drawings, diagrams and descriptions of the goods which are offered for sale on the Web Site are only indicative and shall not be contractually binding.
3.2. APPLICABLE PRICES
By placing an Order, the Customer accepts the prices and descriptions of the goods and services which are offered for sale on the Web Site.
The prices which are quoted next to each item offered for sale shall be shown in Rands (R); and include tax, but exclude shipping and delivery costs. The quoted prices shall include Value Added Tax
(VAT) at the rate applicable on the date the Order is placed in the territory where the Customer resides and where the Order is delivered.
The Vendor shall be entitled to modify the sale prices of its goods and services at any time. Should one or more taxes or compulsory levies be imposed or modified from time to time, whether upwards or downwards, such changes may be passed on as part of the sale price of the goods on offer on the Vendor’s Web Site.
However, the Vendor hereby undertakes to charge the Customer the prices and taxes indicated to the Customer upon confirmation of its Order. Moreover, Customers shall be informed of the costs of shipping and delivering their Orders upon checking their shopping baskets and upon placing their Orders.
Any special offers, promotional deals and money-off vouchers (hereinafter the “Discounts”) shall only be valid during the period of validity of each offer and subject to availability of the goods involved. Discounts may not under any circumstance be converted into a sum of money which is reimbursable or payable to the Customer.
Discounts may only be used by the Customer to whom they are granted and shall not be transferable to third parties. They shall be subtracted from the value of the Customer’s Order including tax but excluding the costs of shipping and delivering the Order. Unless otherwise mentioned in a specific Discount offer, the Customer shall be barred from using several Discounts cumulatively when placing a given Order.
Where the Customer mentions his/her possession of several Discounts on the Web Site concurrently,the Customer shall only be able to use the Discount of the largest amount for the same Order.
ARTICLE 4. TERMS OF PAYMENT
4.1. PAYMENT CURRENCY
The currency used to pay for Orders shall be the Rands ® in all the territories listed in article 1.3 above.
4.2. TERMS OF PAYMENT
Customers may pay for their Orders online using Visa and Mastercard, and by providing their card number and expiration date, as well as the three last digits of the number shown on the back of their bank card.
4.2.1 DATA PROCESSED BY THE VENDOR
When paying for an Order, Customers provide the Vendor with an implied warranty that they have the requisite authorisation to use the payment method they elected upon placing their Order. The confirmation of any given Order shall be subject to approval of the Customer’s payment by the relevant electronic payment validation server. Should the Customer’s bank reject the payment, the Order shall not be finalised and shall be cancelled. As part of the measures taken to prevent fraud over the Internet, the Vendor shall be entitled to transmit information concerning the Order and the Customer’s payment method to a third party for verification purposes.
The Vendor shall check any Orders which have been validated on the Web Site in conjunction with the bank in charge of handling the electronic payments. Thus the Vendor may verify any Order whose delivery address is different from the Customer’s billing address. In doing so, the Vendor may ask the Customer to provide further information and documents required for the Order to proceed: evidence of the fact that the Customer and/or the person whose name was provided does indeed reside at the delivery address, the Customer’s bank details, etc. These requests shall be forwarded to the Customer either by e-mail or over the telephone.
The bank account linked to the payment method used by the Customer shall be debited as from the finalisation of the Order by the Customer on the Web Site. The Vendor shall be entitled to suspend or cancel any Order and/or any Delivery, whatever the nature or state of progress thereof, if any moneys due by the Customer are not paid or if there are any other problems with the Customer’s payment.
Should a Customer fail to pay or pay late for all or part of a previous Order, any subsequent Orders placed by the Customer may be refused and any pending deliveries for the Customer may be suspended. The Vendor shall notify the Customer of this situation.
4.2.2 DATA PROCESSED BY THE BANK HANDLING THE PAYMENTS
For the purpose of ensuring the security, integrity and confidentiality of all payments made via the Web Site, the details of Customers’ bank cards shall be encrypted using the SSL (Secure Socket Layer) protocol while they transit over the Internet. The Customer’s account shall only be debited when the goods, assuming they are available, are dispatched. Should some of the goods be out of stock or otherwise unavailable, the Customer’s account shall only be debited to the extent of the value of the goods which are effectively dispatched.
ARTICLE 5. DELIVERY
For security reasons and in a bid to prevent bank card fraud, the billing address and delivery address of any given Order must be located within the same territory, which must also be one of the territories listed in article 1.3 above.
The goods ordered shall be delivered by the transport operator to the postal address designated by the Customer upon confirmation of his/her Order. The delivery date is fixed at a maximum of 7 (seven) working days from the confirmation of the Order, depending on the delivery option chosen by the Customer (Standard) and the territory to which the Order is being delivered.
5.1. DELIVERY TERMS
The Vendor shall entrust the transport operator Dawn Wing, a division of DPD Laser Express Logistics (Pty) Ltd., with the task of transporting the goods ordered to all the territories listed in article 1.3 above. Any Orders which are placed on a Friday, Saturday, Sunday or a public holiday in South Africa shall be processed as of the following Monday or as of the next working day. The delivery timescales are expressed in working days and shall vary depending on the destination of the goods.
5.2. DELIVERY TRACKING
Upon confirmation of an Order by the Vendor, an order tracking number shall be provided to the Customer to enable the latter to track the progress of the delivery of his/her Order.
5.3. PRESENTATION OF THE PACKAGE TO THE CUSTOMER
The goods ordered shall be delivered to the Customer’s personal address, wherever the location, such as its floor, provided that the delivery person is provided with the entry codes or access which he or she requires to deliver the goods.
Upon delivery of the package, a Delivery note shall be presented to the Customer who shall be asked to sign it. Should it prove impossible to deliver the package to the Customer (e.g. the Customer’s absence, incorrect delivery address, address cannot be found, etc.), the delivery person shall transmit a non-delivery code to the Vendor and shall leave a note to the Customer stating that he/she attempted to deliver the parcel and indicating the process for finalizing the delivery.
ARTICLE 6. WARRANTIES
With the exception of any goods which have been personalised at the Customer’s request, goods which are sold via the Web Site may be refunded under the terms and conditions of this Agreement and subject to the applicable law of this Agreement.
6.2. TERMS GOVERNING THE RETURN OF GOODS TO THE VENDOR
When any goods are covered by a specific warranty, the deadline and terms of the warranty are set out in the description of the goods involved. A Customer wishing to return goods to the Vendor must contact the Vendor by sending an e-mail to the customer service: firstname.lastname@example.org. The Vendor shall thereupon provide the Customer with a returns authorisation number for the goods.
Any goods returned by the Customer to the Vendor must have been purchased by the Customer on the Web Site and must have been delivered to the Customer; they must be returned in their original condition (including packaging, have not been washed or worn and bear their original labels), and must be accompanied by the Returns Note appended to the Delivery Note of the goods, to provide proof of purchase of the goods from the Web Site and proof of the date on which the goods were bought; the enclosed documentation must also feature the returns authorisation number which the Vendor provided to the Customer. Any goods which are returned to the Vendor by the Customer must be sent to:
Fox Returns, 4th Floor San Angelo Building, 218 Matthews Meyiwa Rd. Durban, 4001
Goods which are returned to the Vendor shall transit under the Customer’s own responsibility. Therefore the Vendor hereby advises the Customer to return the goods using a transport operator which provides a facility for packages to be tracked on their way to the Vendor. Should the Customer not use such a transport operator, and should the package sent by the Customer not reach the Vendor, the Customer shall be unable to hold the transport operator to account in order to locate the package containing the goods being returned to the Vendor.
The shipping costs of the goods being returned to the Vendor shall be borne by the Customer. However, in case of an anomaly of the goods relating to their description in the Order form or in case of an error committed by the Vendor in respect of the goods delivered to the Customer relating to the goods which were ordered by the latter, the costs of returning the goods shall be reimbursed by the Vendor based on the “2nd class” or “standard” postal service rate applicable in the Customer’s country of residence.
Upon receipt of the package containing the goods being returned by the Customer, the Vendor shall check that the goods being returned are compliant as well as the reason for the return. Should the goods being returned not qualify for an exchange or reimbursement, the Vendor shall refuse to accept their return and the goods shall be made available to the Customer for collection at the Vendor’s warehouses, or may be sent back to the Customer at the latter’s request and expense, within three months of being received by the Vendor.
Subject to the applicable statutory warranties, should the Customer fail to abide by the terms of this article, the Customer shall be barred from making any claims in connection with any visible defects in the goods which were delivered by the Vendor. The goods shall thereupon be deemed to be exempt from any visible defects.
ARTICLE 7. LIABILITY
The Vendor hereby disclaims liability for any failure to perform its obligations under this Agreement as a result of the occurrence of circumstances of force majeure as defined by South African law and by the South African courts.
Similarly, the Vendor hereby disclaims liability for any inconvenience or damage caused by the use of the Internet network, such as any interruption of the availability of the Site, any breakdown in the service, any external intrusion or presence of computer viruses, any losses or alterations of data or of files, or any indirect damage, whatever the causes and consequences thereof.
ARTICLE 8. ELECTRONIC SIGNATURE, PROOF AND ELECTRONIC STORAGE
The Customer’s online disclosure of his/her bank card number and final confirmation of the Order shall constitute evidence of the integrity of the Order and shall give rise to the Customer being liable to pay the entire value of the Order.
The Parties hereby agree that any data, information, files, dates and times on which the Web Site was viewed and on which any Orders were placed and any other data transmitted in digital form between the Parties shall constitute admissible and valid evidence which shall be enforceable and binding on the Parties and in any judicial procedure and shall have the same evidential force as a deed delivered under private seal.
The Parties hereby pledge not to challenge the admissibility, validity, enforceability or evidential value of the aforementioned electronic data elements based on the fact that they are electronic in nature. Unless proven otherwise, these elements shall be valid and binding on the Parties in the same way, under the same terms and with the same evident value as any document which is drawn up, signed or stored in writing. The Vendor shall store all Order Forms and invoices on a reliable and durable medium so as to retain an integral and durable copy thereof.
In the event that the Customer becomes aware of a fraudulent use of his/her bank card by a third party, the Customer should notify the Vendor as soon as possible by sending an e-mail to the customer service, stating the number of the bank card involved and the date of the Order, and providing evidence of his/her identity. The provision of this information shall not give rise to any right to compensation of the Customer nor to any duty upon the Vendor to reimburse the Customer. Where applicable, the Customer may request compensation or reimbursement from the bank which issued his/her bank card in keeping with the provisions of the applicable laws and with the terms of the contract between the Customer and the bank.
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