VELOTEX cc

1.     Introduction

1. This website can be accessed at www.velotex.com ("the Website")
2. These Website Terms and Conditions ("Terms") governs the advertising and sale of an extensive range of services, goods and products as may be offered by Velotex, Singletrack and Cannibal Clothing on the Website from time to time.
3. These Terms are binding and enforceable against every person that accesses or uses the Website or registers as a user ("you" or "your"). By using the Website and/or by clicking on the "Register" button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms.
4. If there is any provision in these Terms that you do not understand, it is your responsibility to ask Velotex to explain it to you before you accept the Terms or continue using the Website.
5. Velotex permits the use of this Website subject to these Terms. By using the Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use this Website if you do not agree to the Terms.

 

2.     Important Notice

1. These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 ("the CPA") and contain provisions that appear in similar text and style to this clause and which –
   1. may limit the risk or liability of Velotex or a third party; and/or
   2. may create risk or liability for you; and/or
   3. may compel you to indemnify Velotex or a third party; and/or
   4. serves as an acknowledgement, by you, of a fact.
2. Your attention is drawn to these Terms because they are important and should be carefully noted.
3. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Velotex in terms of the CPA.

 

3.     Acceptance of these Terms

1. By accessing and/or using the Website, you agree to be bound by the Terms.
2. Velotex may at any time modify any of the Terms and such modification will supersede and replace any previous terms.
3. The amended terms will be made available on the Website and each time that You access the Website and/or use the Products or services offered via the Website, you agree to be bound by the Terms, as may be modified from time to time.

 

4.     Content of the Website

1. Whilst every effort is made to update the information provided on the Website on a regular basis, Velotex makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the Website from time to time.
2. Velotex reserves the right to at any time change or discontinue without notice, any aspect or feature of the Website and any information, data and/or content on the Website.

 

5.     Registration and Use of Website

1. Only registered users may purchase Products on the Website
2. Before purchasing any products via the Website, you will be obliged to enter your user name or and personal password ("password") or other unique identifying information. Jointly Velotex refers to the username and password and other unique identifying information as your "Access Codes".
3. You undertake and warrant to ensure that your Access Codes are not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your Access Codes.
4. On receipt of such notice from you, Velotex reserves the right to reject any communication received from your profile, suspend the processing of any communications and orders not yet executed by Velotex and immediately deactivate your Access Codes. You shall thereafter be obliged to refrain from ordering any products until such time as new Access Codes have been authorised by Velotex
5. Velotex may from time to time require you to change your Access Codes, as the case may be, and you undertake to comply with such instruction immediately.
6. You agree that Velotex will accept and process your order for Products once the correct Access Codes have been entered, irrespective of whether the use of the Access Codes is unauthorised or fraudulent and that you will be liable for payment of such order, save where the order is cancelled by you in terms of these Terms.
7. 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 to be liable and responsible for you and all your obligations under these Terms.
8. 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 Velotex representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
9. 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 Velotex representative.

 

6.     Verification

1. You agree that all instructions, consents, orders and other communications which purport to originate from you or a person whom has authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to Velotex electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Velotex and you will be bound by such instruction with no liability of whatever nature attaching to Velotex in regard thereto.
2. You waive any rights that you may have or obtain against Velotex arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Velotex acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Velotex against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Velotex has acted on your instructions/orders or instructions/orders which purported to emanate from you.

 

 

7.     Orders, confirmation & delivery

1. The advertising of Products via the Website merely constitutes an invitation by Velotex for you to make an offer to purchase Products and Velotex remains entitled to reject any order without giving reasons therefore and without any liability to you.
2. As erroneous information and/or prices may be displayed on this Website from time to time, you agree that Velotex cannot be held liable for any inaccurate information and/or prices published on the Website, save where such liability arises from the gross negligence or willful misconduct of Velotex, its employees, agents or authorised representatives. Velotex will not under any circumstances whatsoever be obligated to sell a Product at such erroneous price displayed on the Website. You are encouraged to contact Velotex to report any possible errors by way of email to ihisales@velotex.co.za or by contacting the customer care department on 0214479973.
3. Once you have selected the Product you wish to purchase and submitted your order to Velotex, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the "proceed" or "purchase" or similar "final submit" button you are deemed to have submitted an offer to purchase the Product/s selected by you ("order") and the order can be withdrawn by you.
4. Velotex reserves the right to cancel the order for any reason on notice to you and without any liability to you. Receipt of a confirmation of the order (which only constitutes acceptance by Velotex to process the order) will be sent to you once Velotex receives your order. Although the Website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. Do NOT resend your instruction if you do not receive a confirmation from Velotex as this may lead to a duplicate transaction for which you will be held liable.
5. Please note:A transaction will only be deemed to have been concluded once the Product/service in question has been delivered in accordance with the selected delivery option or agreed process. Velotex will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Velotex come into effect (the "Sale"). This is regardless of any communication from Velotex stating that your order or payment has been confirmed. Velotex will indicate any rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
6. Velotex reserves the right to withhold approval and / or cancel orders at their sole discretion.
7. Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Velotex liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
8. Delivery times are estimated times only and Velotex is not liable for any late deliveries.
9. Velotex reserve the right to verify the identity of any purchaser or the payment method used. This may entail you being required to, amongst other, send Velotex a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in Velotex cancelling the order without reason.
10. Risk in the products shall pass to you or your authorized representative on delivery.
11. Customised design options developed and ordered on the site must note that the colours shown on the screen might vary from the colour printed onto the fabric and Velotex may not be liable for these differences
12. The ordering of specific sizes on specific order designs needs to be chosen using the Velotex sizing chart having read and understood it before ordering. Velotex shall be liable for incorrect sizes ordered.
13. Delivery of the specific designed orders will be on a one-month delivery “date to date” – in other words ordered and paid for on the 6^th of June to leave the factory on the 6^th of July. Velotex may inform the client of a delivery being late owing to situations beyond their control and with no liability.
14. Specific design orders may not be cancelled or changed once the order has been placed and paid for.

 

8.     Performance and availability of Products

1. Velotex endeavours to execute all orders within the time period notified but by accepting these Terms, you acknowledge and agree that delivery of orders can from time to time fall outside of these time periods due to a number of reasons out of our control including but not limited to logistic delays. By accepting these Terms and transacting on the Website, you acknowledge that no liability is incurred by Velotex in these instances.
2. You acknowledge that stock of all Products on offer is limited and accept that the display of Products is not necessarily a guarantee that a Product is available.
3. When Products are no longer available Velotex will notify you and you will be entitled to a refund of the amount paid by you for such Products. Whilst Velotex will take all reasonable efforts to monitor stock levels, Velotex cannot guarantee the availability of stock and Velotex will only be liable for delivery of the Products when the Products are available. Should the Products no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you.

 

9.     Payments

1. Velotex accepts payments via:
2. Debit/Credit card payments:
   1. Velotex only accepts MASTERCARD and VISA credit and debit cards. Velotex will debit the total value of your online order against the payment card tendered by you during the check-out process.
   2. Payment will be effected on acceptance of your order and prior to delivery.
   3. By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen) and that you are fully authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
   4. Where payment is made by credit card, Velotex may require additional information in order to authorise and/or verify the validity of payment. In such cases Velotex reserve the right to withhold delivery until such time as the additional information is received by Velotex and authorisation is obtained by Velotex for the amounts. If Velotex does not receive authorisation your purchase of the Products will be cancelled.
   5. Debit / Credit card payments are processed through the secure PayFast payment gateway. You can view more information at www.payfast.co.za
3. EFT / Instant EFT payments:
   1. If payment for the full amount does not reflect in our bank account within 14 days, your order will be cancelled. Payments for orders made via Instant EFT will be processed in the same way that Credit Card orders are processed.

10. Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002

1. Full name : com
2. Physical address : 1 Cole Street Observatory Cape Town 7925
3. Telephone number : 021 447 9973
4. Website address : http://www.velotex.com
5. E-mail address : orders@velotex.co.za
6. Country of incorporation : South Africa

 

11. Exchanges

Goods may only be considered for exchange if:

1. Only goods that are purchased from the shop as “Basics”, seasonal range and clearance merchandise items may be exchanged if this is:

Done within 7 days of receipt of the goods

The garment/product is not used or worn and still has all the original labels attached and packaging.

There is replacement stock of the same item.

There is a non-returnable/refundable proviso issued by Velotex on any given periodic sale or range of items/products.

2. No custom designed goods can be considered for exchange.
3. Nothing on our refunds policy or these Terms in any way limits your rights in terms of section 56 (read with section 55) of the CPA.
4. The client shall be liable for the cost of the freight to return any items to be exchanged and also the freight to send the newly exchanged goods.
5. Regrettably no refunds or exchanges on clearance merchandise.

 

12. Gift Certificates

1. Velotex may from time to time make physical or electronic gift cards (“Gift Cards”) and promotional vouchers or discounts (“Vouchers”) available for use on the Website towards the purchase of the Products. Gift Cards and Vouchers can only be redeemed while they are valid and their expiry dates cannot be extended.
2. Gift Certificates
   1. Gift Certificates are available for online purchases only.
   2. Gift Certificates not accrue interest and are not refundable for cash once purchased.
   3. If your Gift Certificate value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods as provided for in these Terms.
   4. Velotex is not responsible for any loss or unauthorised use of a Gift Certificate, after the Gift Certificate has been delivered to you or the email address nominated by you.
   5. Each Gift Certificate may only be used once

13. Privacy and Security

 

14. Unlawful use

1. You shall not use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Velotex, Singletrack or Cannibal Clothing against any loss, liability, damage or expense of whatever nature (whether direct or indirect) which Velotex, Singletrack or Cannibal Clothing or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any message or material as aforesaid.

Warranties, Disclaimers and Limitation of Liability

2. Save as set out in the Terms, Velotex makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the Website and the Products and the Website and Products made available via the Website are provided "as is".
3. Neither Velotex, Singletrack or Cannibal Clothing or its members, management and/or personnel members shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any information contained on or via the Website and/or your use of the Products. Without limiting the generality of the aforegoing, neither Velotex, Singletrack or Cannibal Clothing nor its members, management and/or personnel members shall be liable for any failure and/or unavailability of the Website for any reason whatever and/or the failure/delay by any third-party service provider to render any service which are necessary to ensure the availability of the Website.
4. You hereby indemnify Velotex, Singletrack or Cannibal Clothing and/or its members, management and/or personnel members

against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.

5. Notwithstanding anything to the contrary contained herein, Velotex, Singletrack or Cannibal Clothing and/or its members, management and/or personnel members shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the Website and/or your use of the Products.
6. Without limiting the generality of the aforegoing, Velotex, Singletrack or Cannibal Clothing and/or its members, management and/or personnel members shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.
7. By accessing the Website, you warrant and represent to Velotex that you are legally entitled to do so to purchase any of the Products offered for sale via the Website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with Velotex or that you have obtained legal status in another manner.
8. Further to the provisions of our privacy and security policy, whilst Velotex will do all things reasonably necessary to protect your rights of privacy, Velotex 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. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Velotex, Velotex shall not be liable for any loss or damage, however arising, suffered by you as a result of the disclosure of such information to the third party. This is because Velotex does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
9. Velotex will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods. Velotex may in our sole discretion at any time suspend or terminate the operation of this Website without prior notice to you and without the need to give you reasons for such termination. You agree that Velotex will not be liable to you in the event that it chooses to suspend or terminate the Website other than for processing any orders made by you prior to such time and to the extent possible.
10. In addition to the disclaimers contained elsewhere in these Terms, Velotex also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of the Company, its employees, agents or authorised representatives. Velotex thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

 

 

Use of the Website

Velotex does not make any warranty or representation that information and products advertised on the Website are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to BuyCycle that you are legally entitled to do so and to make use of information and purchase the Products made available via the Website.

15. Address for Service

1. The address for service for all purposes relating to these Terms including the giving of any notice, the payment of any sum, the serving of any process, is the address set out paragraph in 10.2 above and the telephone number set out in paragraph 10.3 above.
2. Velotex shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its telephone address for service to any other telephone number.

 

16. General

1. Without detracting from the provisions of your account terms and conditions, the Terms constitute the sole record of the agreement between you and Velotex in relation to your use of this Website. No indulgence or extension of time which either you or Velotex may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
2. Velotex shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.
3. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scriptoand the remaining provisions of these Terms shall remain in full force and effect.
4. Should Velotex be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Velotex is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then Velotex shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
5. For purposes of calculating any time periods GMT +2 shall be used.
6. These Terms and conditions shall apply to all transactions you conclude via this Website.
7. A certificate issued by an administrator of this Website shall constitute prima facie proof of any fact related to this Website, including but not limited to which version of the Terms govern a particular dispute and what content was published or functionality was available on the Website at a specific point in time.
8. When you visit the Website or send emails to us, you consent to receiving communications from Velotex electronically.
9. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by Velotex unless Velotex acknowledges receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Velotex on delivery/collection of the product or service.

 

17. Dispute Resolution

1. These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
2. All disputes arising as a result of your use of the Website or on the interpretation of these Terms or on any matter which in terms of the Terms requires agreement by you and Velotex, (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.
3. That arbitration will be held with only you and Velotex and your/our representatives present at the offices of the Arbitration Foundation of Southern Africa, Cape Town, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation of Southern Africa in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa. The arbitration award will be final and binding on you and Velotex. Velotex agrees to keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential. The arbitrator will have the power to give default judgment if either you or Velotex fails to make submissions on the due date and fails to appear at the arbitration.