TERMS OF USE OF www.weber.co.za
Agreement
Welcome to www.weber.co.za and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the www.weber.co.za website and/or registering to shop on www.weber.co.za you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the weber.co.za website to trade and that you agree to be bound by these terms and conditions.
Should you not agree to the terms and conditions stipulated you may not use the www.weber.co.za website.
Your access to the www.weber.co.za website and use of any services provided by www.weber.co.za including any purchases made by you from www.weber.co.za are subject to terms and conditions established under the following headings.
· Terms of Use of www.weber.co.za Website
· Terms of Trade with www.weber.co.za
· Privacy and Security Statement
· Intellectual Property Statement
· Dispute Resolution
· Compliance with statutory consumer protection provisions
· Contact Information
Terms of Use of www.weber.co.za Website
www.weber.co.za grants you a limited license to access and make personal use of the www.weber.co.za website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of www.weber.co.za.
This license does not permit any resale or commercial use of the www.weber.co.za website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the www.weber.co.za website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The www.weber.co.za website or any portion of the www.weber.co.za website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of www.weber.co.za. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.weber.co.za and our affiliates without prior written consent.
You may not use any meta tags or any other "hidden text" utilizing the www.weber.co.za name or trademarks without the prior written consent of www.weber.co.za. Any unauthorized use terminates the permission or license granted by www.weber.co.za.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the www.weber.co.za website so long as the link does not portray www.weber.co.za, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.You may not use any www.weber.co.za logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.
www.weber.co.za may provide links from the www.weber.co.za website to other websites which may offer services to you. www.weber.co.za is not responsible for evaluating the content or offerings made on these websites. www.weber.co.za does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites,which may be accessed through these linked websites. No liability will be attributed to www.weber.co.za for any dealings with any other websites accessed through links provided by www.weber.co.za and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WWW.WEBER.CO.ZA WEBSITE IS PROVIDED BY WWW.WEBER.CO.ZA ONAN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WWW.WEBER.CO.ZA NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WWW.WEBER.CO.ZA WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WWW.WEBER.CO.ZA WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, WWW.WEBER.CO.ZA ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIMALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIESOF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WWW.WEBER.CO.ZA DOES NOT WARRANT THAT THE WWW.WEBER.CO.ZA WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.WEBER.CO.ZA ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. WWW.WEBER.CO.ZA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WWW.WEBER.CO.ZA WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL WWW.WEBER.CO.ZA, ITS DIRECTORS, EMPLOYEES, OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WWW.WEBER.CO.ZA WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF WWW.WEBER.CO.ZA,ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R5 000.00.
Applicable law
The www.weber.co.za website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with www.weber.co.za .
TERMS OF TRADE WITH WWW.WEBER.CO.ZA
Invitation to do business
www.weber.co.za can choose to cancel any order at any time.The products or services which appear on the www.weber.co.za website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services to www.weber.co.za. Only when www.weber.co.za has accepted your offer and the acceptance is communicated to you, will an enforceable agreement of sale be transacted.
The price of any products or services sold through www.weber.co.za shall be confirmed on the acceptance of your order. Despite our best efforts, a small number of the products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will do one of the following:
· If the correct price is lower than our stated price, we will charge the lower amount.
· If the correct price is higher than our stated price, we may need to offer it to you at the higher price.
· IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the www.weber.co.za website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with www.weber.co.za. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.
· Should our deilvery charges be incorrect, we reserve the right to cancel the order.
Place and time of agreement
Agreement as to the terms of use of the www.weber.co.za website shall be deemed to have be accepted by you at the time that you first accessed the www.weber.co.za website and thereafter confirmed each time that you access the www.weber.co.za website.
Agreement to use the www.weber.co.za website and those governing all transactions that may be effected using the www.weber.co.za website shall be deemed to have taken place in Johannesburg.
All communications with www.weber.co.za facilitated by the www.weber.co.za website, the www.weber.co.za call center, or email communicated between you and www.weber.co.za shall be deemed to have been received, in the case of communications initiated by www.weber.co.za, when the communication leaves the www.weber.co.za website or email server, and in the case of communications initiated by you, when it is received on the www.weber.co.zawebsite or email server.
Acceptance by www.weber.co.za of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves the www.weber.co.za website or email server.
www.weber.co.za can cancel any order at any time.
Backorders
Should an order be placed for an item which we do not have in stock, we will order the stock from our suppliers. Should our suppliers not be able to confirm a date of within one month from the time of the order for delivery, we will cancel the order and inform the customer.
Electronic communications
When you visit www.weber.co.za or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. www.weber.co.za will communicate with you by e-mail or by posting notices on the www.weber.co.za website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the www.weber.co.za website and transactions concluded using the www.weber.co.za website, as well as your intent to enter into any transaction with www.weber.co.za,may be evidenced by any action by you from which this may reasonably be inferred.
Registration
Before you may make an offer to purchase on any of the products or services provided by www.weber.co.za it is necessary that you register as a purchaser.
Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and www.weber.co.za may take whatever legal action it deems necessary to obtain the appropriate relief.
Registration as a purchaser is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a purchaser you are required to provide www.weber.co.za with, complete and accurate information about yourself and you warrant that the information provided is correct.
Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider, but it typically takes less than an hour to receive the email confirmation. If you do not receive the email confirmation, you should contact our call centre, the details of which are contained under Contact information.
Password
Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on the www.weber.co.za website. You are soley responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.
If you suspect that the confidentiality of your password has been compromised you should immediately advise www.weber.co.za of this fact by email. www.weber.co.za shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.
Termination or suspension of registration
If you are in breach of, or www.weber.co.za believes that you may breach, any of the terms and conditions governing the use of, or trading using the www.weber.co.za website, www.weber.co.za may, in its absolute discretion, either suspend or terminate your registration as a purchaser.
Transaction History
The transaction history may be accessed by a registered customer on the www.weber.co.za website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. For a full and accurate transaction history, the www.weber.co.za call centre details of which are available on the www.weber.co.za website. If required the call centre and they will provide you with a faxed copy of your statement. www.weber.co.za shall not retain a transaction history for a period in excess of 1 (one) year.
Disclaimer of warranties and limitation of liability and applicable law
The provisions of the Disclaimer of warranties, Limitationof liability and Applicable law relating to the use of the www.weber.co.za website apply equally to the remainder of this agreement.
AMENDMENT TO TERMS AND CONDITIONS
www.weber.co.za may amend the terms and conditions governing access to the www.weber.co.za website as well as trade using the website. www.weber.co.za shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on the www.weber.co.za website. If you do not agree with the amended terms you shall immediately give notice to www.weber.co.za of your wish to have your registration terminated. Failure to do so will be deemed to indicate your acceptance of the amended terms and conditions.
PRIVACY AND SECURITY STATEMENT
www.weber.co.za knows that you care how your personal information may be collected, processed and used; we appreciate your trust that www.weber.co.za will do so carefully and sensibly. This notice describes the www.weber.co.za privacy policy. By visiting www.weber.co.za, you are accepting the practices described in this Privacy and Security statement.
The information provided by you helps us personalize and continually improve your shopping experience at www.weber.co.za. Here are the types of information we gather.
· Information You Give Us: We receive and store information you enter on the www.weber.co.za website or that you may provide to www.weber.co.za in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
· Automatic Information: www.weber.co.za receives and stores certain types of information whenever you interact on the www.weber.co.za website or communicate with www.weber.co.za by email. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your web browser accesses www.weber.co.za.
· E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from www.weber.co.za, if your computer supports such capabilities.
By providing the information to www.weber.co.za you consent to www.weber.co.za collecting maintaining, storing and processing the information, provided that www.weber.co.za shall:
· not disclose your personal information to a third party other than to effect the transactions agreed to in using the www.weber.co.za website without obtaining your express consent to do so;
· only disclose your personal information, without your consent, if legally required to do so;
· be entitled to use the information provided by you to compile statistical or aggregated information in such a wayt hat you may not be identified.
www.weber.co.za shall own and retain all rights to non-personal statistical information compiled by it.
While www.weber.co.za and its affiliates shall take commercially reasonable care to safeguard the information provided by you to www.weber.co.za from unauthorized access or disclosure, www.weber.co.za does not represent or guarantee that the safeguards will provide absolute protection.
www.weber.co.za shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement, unless agreed with you to the contrary, in writing.
INTELLECTUAL PROPERTY STATEMENT
Copyright in any information or trade marks displayed anywhere on the www.weber.co.za website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by www.weber.co.za or by the original creator of the materials, or by suppliers and service providers to www.weber.co.za. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any formor by any means other than as described by www.weber.co.za or with the prior written permission www.weber.co.za. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the www.weber.co.za website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
DISPUTE RESOLUTION
Any dispute arising out of, or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the TrustEnforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause and may be accessed at www.trustenforce.org.
For all disputes regardless of where they arise, the place of the arbitration is deemed to be Johannesburg.The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa.
The language used during the dispute resolution process will be English.
For the purposes of any arbitration:
· you choose the email address chosen by you in registering as a purchaser; and
· www.weber.co.za chooses info@www.weber.co.za
By using the www.weber.co.za website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.
COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
www.weber.co.za adheres to the provisions of Chapter VII ofthe Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the www.weber.co.za website, as well as the information required in terms of the Act, are provided for your reference.
Return of products or cancellation of service agreements
www.weber.co.za shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products orthe conclusion of an agreement to provide services.
Exclusions from return of products or cancellation of service agreements
The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:
· any products and services are acquired by auction;
· the supply of products which comprise food stuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;
· to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
· where the price of the products or services depends on fluctuation in financial markets beyond the control of www.weber.co.za;
· where the products are personalised or made to the customers specifications;
· where the products are perishable or will expire rapidly;
· where the products by reason of their nature cannot be returned;
· if audio, video recordings or any form of computer software are either used or if supplied other than in digital form,if the seal on the storage media is broken;
· the sale of reading material in whatever form;
· the provision of any gaming or lottery services;
· the provision of accommodation, travel, transport, catering or leisure services if www.weber.co.za or its agents or suppliers undertake to provide these services on a specific date or within or for a specific period.
Customers obligations on return of products and services
If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to www.weber.co.za or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by www.weber.co.za or its agents, to the customer as well as a written indication of the customers choice to cancel the transaction.
The customer shall refund to www.weber.co.za all direct expenses incurred by www.weber.co.za or it’s authorised agents, in the deliveryof the products and services ordered by the customer, as well as the direct expenses incurred by www.weber.co.za or its authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.
www.weber.co.za’s obligations on return of the products and services
Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services, www.weber.co.za or its authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to www.weber.co.za as provided for above.
Disclosures in terms of section 43 ofthe Act: The following information is made available to you in compliance with Section 43 of the Act.
Website address: www.weber.co.za
E-Mail address: info@weber.co.za
Price of goods: Prices are displayed in the website and are subject to www.weber.co.za rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the www.weber.co.za website are inclusive of Value Added Tax.
Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.
Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the www.weber.co.za website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.
Delivery of products or services: The anticipated time of delivery (between 5-7 working days) of any products or services, purchased using the www.weber.co.za website shall be indicated at the time that any orderis accepted by www.weber.co.za. The delivery fee on all orders is subject to the discretion of www.weber.co.za.
Transaction records and history: A full record of transactions effected using www.weber.co.za shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by www.weber.co.za or its agents. You may access this history as provided for under the clause Transaction History above.
Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.
Privacy and Security: The provisions governing Privacy andSecurity are provided for under the clause Privacy and Security above.
Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers touse the www.weber.co.za website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination.
www.weber.co.za CONTACT INFORMATION
Email address: info@weber.co.za
------------------------------------------------------------------------------------------------------------------------------------
COPYRIGHTNOTICE
The copyright in the terms and conditions displayed on thewww.weber.co.za website vests in Mark Heyink. They are provided to www.weber.co.za under license and may not be used or reproduced in any manner without the prior written consent of Mark Heyink
Registered and Unregistered Trademarks Held by Weber-Stephen Products Co.
©2008 Weber-Stephen Products Co. Weber, the kettle configuration, Genesis, Crossover, Flavorizer, Summit, Spirit, One-Touch, Smokey Joe, Go-Anywhere, Performer, Ranch, Rapidfire, Q, Char Q, Grill Out, Firespice, Tuck-N-Carry, Sear Station and www.weber.com are registered U.S. trademarks; Weber, Weber 100, Weber 120, Weber 140, Weber 200, Weber 220, Weber 300, Weber 320, E-210, E-310, E-320, E-420, E-450, E-620, E-650, S-310, S-320, S-420, S-450, S-460, S-470, S-620, S-650, S-660, S-670, Weber Original, SlideFrame, Warm-up, One-Touch Cleaning System, Tuck-Away, Char-Basket, Touch-N-Go, Charbin, Smokey Mountain Cooker, Weber Style and Snap-Jet are U.S. trademarks; all of Weber-Stephen Products Co., 200 East Daniels Road, Palatine, Illinois 60067 USA. Genesis® and Spirit® series gas grills are covered by U.S. Patent Nos. D377,682; D471,761; D551,499; D564,834; 4,727,853; 4,777,927; 4,829,978; 4,941,817; 5,070,776; 5,167,183; 5,873,355; 6,102,028; 6,102,029; 6,131,562; 6,148,668; 6,324,998; 6,354,548; 6,363,926; 6,739,558; 6,805,113 and other U.S. patents pending and patents globally. Summit® series gas grills are covered by U.S. Patent Nos. D377,682; D404,963; D431,963; D433,279; D466,367; D551499; D560,953; 4,727,853; 4,777,927; 4,829,978; 4,941,817; 5,070,776; 5,167,183; 6,102,028; 6,131,562; 6,148,668, 6,925,998 and other U.S. patents pending and patents globally.
Spirit® series grills are covered by U.S. patents pending.
One-Touch® series charcoal grills and Bar-B-Kettle® charcoal grills are covered by U.S. Patent Nos. RE33091; D379,581;D435,761; 4,777,927; 5,036,832; 5,572,983; 5,771,536; 6,155,248; 6,318,356; and other patents globally. One-Touch® Platinum grills are covered by U.S. Patent Nos. D430,717 and 6,439,220. Performer® grills are covered by U.S. Patent Nos. D327,390; D435,761; 4,777,927; 5,036,821 and 5,076,252. Smokey Joe® grills are covered by U.S. Patent Nos. D346,531; D355,566 and 4,836,179.
Weber series grills are covered by U.S. Patent Nos. D503,582; D503,586; D503,587; D510,680; 6,699,036; 6,910,476; 6,945,774; 6,976,485; 7,028,684; 7,073,429; 7,373,875 and other patents pending; Weber rolling cart is covered by U.S. Patent No. 6,910,475. Weber Griddle is covered by U.S. Patent No. 7,344,173. Weber Style™ two-piece stainless steel tool set is covered by U.S. Patent No. D570,645. Weber Style™ stainless steel vegetable basket and Weber Style™ stainless steel grill pan are covered by U.S. Patent No. 7,340,994. Weber Style™ saucing system is covered by U.S. Patent No. D559,029. Weber Style™ roast holder is covered by U.S. Patent No. D555,977. Weber Style™ charcoal tool holder is covered by U.S. Patent No. D551,857. Used with permission
