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 theconditions detailed in this agreement. By using the www.weber.co.za website and/orregistering to shop on www.weber.co.za you confirm that youhave familiarized yourself with the terms and conditions governing the conductof parties accessing or using the hphop.co.za website to trade and that youagree to be bound by these terms and conditions.
Should you not agree to the terms and conditions stipulatedyou may not use the www.weber.co.za website.
Your access to the www.weber.co.za website and use ofany services provided by www.weber.co.za including any purchases made by youfrom www.weber.co.za are subject to terms and conditions established under thefollowing 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 consumerprotection provisions
· Contact Information
Terms of Use of www.weber.co.za Website
www.weber.co.za grants you a limited license to access andmake 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 priorwritten consent of www.weber.co.za.
This license does not permit any resale or commercial use ofthe www.weber.co.za website or its contents; any collection and use of anyproduct listings, descriptions, or prices; any derivative use of the www.weber.co.zawebsite or its contents; any downloading or copying of account information forthe benefit of another merchant; or any use of data mining, robots, or similardata gathering and extraction tools.
The www.weber.co.za website or any portion of thewww.hpexperience.co.za website, may not be reproduced, duplicated, copied,sold, resold, visited, or otherwise exploited for any commercial purposewithout the prior written consent of www.weber.co.za. You may not frame orutilize framing techniques to enclose any trademark, logo, or other proprietaryinformation (including images, text, page layout, or form) of www.weber.co.zaand our affiliates without prior written consent.
You may not use any meta tags or any other "hiddentext" utilizing the www.weber.co.za name or trademarks without the priorwritten consent of www.weber.co.za. Any unauthorized use terminates the permissionor license granted by www.weber.co.za.
You are granted a limited, revocable, and nonexclusive rightto create a hyperlink to the home page of the www.weber.co.za website so longas the link does not portray www.weber.co.za, its affiliates, or their productsor services in a false, misleading, derogatory, or otherwise offensive matter.You may not use any www.weber.co.za logo or other proprietary graphic ortrademark, or those of their affiliates, as part of the link without priorwritten permission of the owner of the graphic or trademark.
www.weber.co.za may provide links from the www.weber.co.zawebsite to other websites which may offer services to you. www.weber.co.za isnot 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 thebusinesses or individuals, nor is it responsible for the content of thewebsites to which links may be provided, or that of any third party websites,which may be accessed through these linked websites. No liability will beattributed to www.weber.co.za for any dealings with any other websites accessedthrough links provided by www.weber.co.za and you are solely responsible forassessing the terms and conditions and privacy provisions of any of thesewebsites.
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 MAKEANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEOPERATION OF THE WWW.WEBER.CO.ZA WEBSITE OR THE INFORMATION, CONTENT,MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOURUSE OF THE WWW.WEBER.CO.ZA WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, WWW.WEBER.CO.ZAITS 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 DOESNOT WARRANT THAT THE WWW.WEBER.CO.ZA WEBSITE, ITS SERVERS, OR E-MAIL SENT FROMWWW.WEBER.CO.ZA ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. WWW.WEBER.CO.ZA WILLNOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WWW.WEBER.CO.ZAWEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,AND CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL WWW.WEBER.CO.ZA, IT’S DIRECTORS, EMPLOYEES,OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS ORANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR INCONNECTION WITH THE USE OF THE WWW.WEBER.CO.ZA WEBSITE, OUR SERVICES OR THISAGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF WWW.WEBER.CO.ZA,ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND SERVICE PROVIDERS TO YOU ORANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R5 000.00.
Applicable law
The www.weber.co.za website and all communications andtransactions concluded using the website, are governed by, and you agree to,the application of the laws of the
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 aredisplayed as an invitation to do business and to allow you to make an offer topurchase the products or services to www.weber.co.za. Only when www.weber.co.zahas accepted your offer and the acceptance is communicated to you, will anenforceable agreement of sale be transacted.
The price of any products or services sold through www.weber.co.zashall be confirmed on the acceptance of your order. Despite our best efforts, asmall number of the products or services offered on the website may bemis-priced. If we discover a mis-pricing, we will do one of the following:
· If the correct price is lower than ourstated price, we will charge the lower amount.
· If the correct price is higher than ourstated price, we may need to offer it to you at the higher price.
· IMPORTANT: If any products or servicesare supplied and delivered to you directly by, or through, a third party, eventhough access to the products and services is gained through the www.weber.co.zawebsite, the supply of these products and services may be subject to conditionswhich differ from those governing the terms of trade with www.weber.co.za. Youshall be solely responsible for ensuring that you understand and agree to theterms and conditions governing the sale of these products and services.
· Should our deilvery charges beincorrect, 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.zawebsite shall be deemed to have be accepted by you at the time that you firstaccessed the www.weber.co.za website and thereafter confirmed each time thatyou access the www.weber.co.za website.
Agreement to use the www.weber.co.za website and thosegoverning all transactions that may be effected using the www.weber.co.zawebsite shall be deemed to have taken place in
All communications with www.weber.co.za facilitated by thewww.weber.co.za website, the www.weber.co.za call center, or email communicatedbetween you and www.weber.co.za shall be deemed to have been received, in thecase of communications initiated by www.weber.co.za, when the communicationleaves the www.weber.co.za website or email server, and in the case ofcommunications 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 shallbe deemed to have been made and an agreement entered into, when communicationof the acceptance leaves the www.weber.co.za website or emailserver.
Weber can cancel any order at any time.
Backorders
Should an order be placed for an itemwhich 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 thetime of the order for delivery, we will cancel the order and inform thecustomer.
Electronic communications
When you visit www.weber.co.za or send e-mails to us, you arecommunicating with us electronically. You consent to receive communicationsfrom us electronically. www.weber.co.za will communicate with you by e-mail orby posting notices on the www.weber.co.za website. You agree that allagreements, notices, disclosures and other communications that we provide toyou electronically satisfy any legal requirement that such communications be inwriting. Further, that your acceptance of any terms or conditions applicable tothe www.weber.co.za website and transactions concluded using the www.weber.co.zawebsite, 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 beinferred.
Registration
Before you may make an offer to purchase any of the productsor services provided by www.weber.co.za it is necessary that you register as apurchaser.
Registration as a purchaser is restricted to individuals whomay legally enter into binding and enforceable agreements. No person under theage of 18, or not legally permitted to enter into a binding and enforceableagreement, may register as a purchaser. Any person not permitted to register asa purchaser but who does so, shall be guilty of committing a fraud and www.weber.co.zamay take whatever legal action it deems necessary to obtain the appropriaterelief.
Registration as a purchaser is free and does not obligate youto purchase anything or release information such as credit card numbers or bankaccount details. In registering as a purchaser you are required to provide www.weber.co.zawith, complete and accurate information about yourself and you warrant that theinformation provided is correct.
Upon acceptance of your registration, an email confirmationof your registration as a purchaser will be transmitted to you. Transmissiontimes depend on your Internet Service Provider, but it typically takes lessthan an hour to receive the email confirmation. If you do not receive the emailconfirmation, you should contact our call centre, the details of which arecontained under Contact information.
Password
Without a valid email address (your user identification) andpassword, you will not be able to purchase products or services displayed onthe www.weber.co.za website. You are soley responsible for ensuring theconfidentiality of your password, which authenticates your identity. Youacknowledge this responsibility and agree that any communication or transactionthat may be made using your password, shall be attributed to you.
If you suspect that the confidentiality of your password hasbeen compromised you should immediately advise www.weber.co.za of this fact byemail. www.weber.co.za shall on receipt of the email suspend your registrationpending your further instructions. You shall remain responsible for alltransactions effected prior to the suspension of your registration and liablefor any payments that may flow from these transactions.
Termination or suspension ofregistration
If you are in breach of, or www.weber.co.za believes that youmay breach, any of the terms and conditions governing the use of, or tradingusing the www.weber.co.za website, www.weber.co.za may, in it’s absolute discretion,either suspend or terminate your registration as a purchaser.
Transaction History
The transaction history may be accessed by a registeredcustomer on the www.weber.co.za website and is provided for informationpurposes only. This transaction history will show purchase transactions onlyand will not reflect refunds or other transactions. For a full and accuratetransaction history, the www.weber.co.za call centre details of which areavailable on the www.weber.co.za website. If required the call centre and theywill provide you with a faxed copy of your statement. www.weber.co.za shall notretain a transaction history for a period in excess of 1 (one) year.
Disclaimer of warranties and limitationof 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.zawebsite apply equally to the remainder of this agreement.
AMENDMENT TO TERMS AND CONDITIONS
www.weber.co.za may amend the terms and conditions governingaccess to the www.weber.co.za website as well as trade using the website. www.weber.co.zashall, prior to the amendments of the terms and conditions, give registeredpurchasers and any third parties to whom this agreement may apply notice of theamendments by email, or by posting the notice of such amendments on the www.weber.co.zawebsite. If you do not agree with the amended terms you shall immediately givenotice 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 amendedterms and conditions.
PRIVACY AND SECURITY STATEMENT
www.weber.co.za knows that you care how your personalinformation may be collected, processed and used; we appreciate your trust thatwww.weber.co.za will do so carefully and sensibly. This notice describes thewww.weber.co.za privacy policy. By visiting www.weber.co.za, you are acceptingthe practices described in this Privacy and Security statement.
The information provided by you helps us personalize andcontinually improve your shopping experience at www.weber.co.za. Here are thetypes of information we gather.
· Information You Give Us: We receive andstore information you enter on the www.weber.co.za website or that you mayprovide to www.weber.co.za in any other manner. Certain of the informationprovided on registration is mandatory to assist us in ensuring that thecommunications and transactions entered into with you may be completedeffectively and lawfully.
· Automatic Information: www.weber.co.zareceives and stores certain types of information whenever you interact on thewww.weber.co.za website or communicate with www.weber.co.za by email. Forexample, like many Web sites, we use "cookies," and we obtain certaintypes of information when your web browser accesses www.weber.co.za.
· E-mail Communications: To help us makee-mails more useful, we may receive a confirmation when you open e-mail fromwww.weber.co.za, if your computer supports such capabilities.
By providing the information to www.weber.co.za you consentto www.weber.co.za collecting maintaining, storing and processing theinformation, provided that www.weber.co.za shall:
· not disclose your personal informationto a third party other than to effect the transactions agreed to in using thewww.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 informationprovided by you to compile statistical or aggregated information in such a waythat you may not be identified.
www.weber.co.za shall own and retain all rights tonon-personal statistical information compiled by it.
While www.weber.co.za and its affiliates shall takecommercially reasonable care to safeguard the information provided by you towww.weber.co.za from unauthorized access or disclosure, www.weber.co.za doesnot represent or guarantee that the safeguards will provide absoluteprotection.
www.weber.co.za shall not be obliged to encrypt anyinformation sent to you, received from you or stored on your behalf or forthe purposes agreed in this agreement, unless agreed with you to the contrary,in writing.
INTELLECTUAL PROPERTY STATEMENT
Copyright in any information or trade marks displayedanywhere on the www.weber.co.za website are protected by worldwide copyrightlaws 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 serviceproviders 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 priorwritten permission www.weber.co.za. All rights not expressly granted herein arereserved. Any unauthorized use of the materials appearing on the www.weber.co.zawebsite may violate copyright, trademark and other applicable laws and couldresult in criminal or civil penalties.
DISPUTE RESOLUTION
Any dispute arising out of or in connection with thisagreement including any question regarding its existence, validity ortermination, shall be settled by the online dispute resolution process inaccordance with the TrustEnforce.org Mediation and Arbitration rules, whichrules are deemed to be incorporated by reference into this clause and may beaccessed at www.trustenforce.org.
For all disputes regardless of where they arise, the place ofthe arbitration is deemed to be
The language used during the dispute resolution process willbe English.
For the purposes of any arbitration:
· you choose the email address chosen byyou in registering as a purchaser; and
· www.hpexperience.co.za chooses info@www.weber.co.za
By using the www.weber.co.za website and accepting the conditionsof use of the website and trade conducted using the website you bind yourselfto the terms of arbitration provided in this agreement.
COMPLIANCE WITH STATUTORY CONSUMERPROTECTION 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 ofthe Act relevant to commercial transactions that may be effected on the www.weber.co.zawebsite, as well as the information required in terms of the Act, are providedfor your reference.
Return of products or cancellation of service agreements
www.weber.co.za shall, subject to the exclusions provided forbelow and the provisions relating to any return of products or cancellation ofa service agreement, allow the return of products or cancellation of a serviceagreement, 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 serviceagreements
The provisions of this agreement relating to the return ofgoods and cancellation of any agreement to provide services shall not apply if:
· any products and services are acquiredby auction;
· the supply of products which comprisefoodstuffs, beverages, or other goods intended for everyday consumption at thehome or workplace of the customer;
· to services which commenced with thecustomers consent, (either express or implied) prior to the expiry of the sevenday period;
· where the price of the products orservices depends on fluctuation in financial markets beyond the control of www.weber.co.za;
· where the products are personalised ormade to the customers specifications;
· where the products are perishable orwill expire rapidly;
· where the products by reason of theirnature cannot be returned;
· if audio, video recordings or any formof 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 whateverform;
· the provision of any gaming or lotteryservices;
· the provision of accommodation, travel,transport, catering or leisure services if www.weber.co.za or its agents orsuppliers undertake to provide these services on a specific date or within orfor a specific period.
Customers obligations on return ofproducts and services
If a customer cancels any transaction in respect of whichdelivery 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 orservices, the customer shall return to www.weber.co.za or it’s authorisedagents, the products, undamaged in any manner, together with all packingmaterials and documentation delivered by www.weber.co.za or its agents, to thecustomer as well as a written indication of the customers choice to cancel thetransaction.
The customer shall refund to www.weber.co.za all directexpenses 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 directexpenses incurred by www.weber.co.za or it’s authorised agents in acceptingreturn of the products and cancellation of the provision of services, arisingas a result of the return of the products or cancellation of the servicesordered by the customer.
www.weber.co.za’s obligations on returnof the products and services
Within thirty days of return of the products or receipt ofnotice of cancellation of the agreement to deliver services, www.weber.co.za orit’s authorised agents shall refund to the customer any amounts paid by thecustomer less any amounts due by the customer to www.weber.co.za as providedfor above.
Disclosures in terms of section 43 ofthe Act: The following information is madeavailable 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 aresubject to www.weber.co.za rights in respect of any mis-pricing stipulated inthe clause dealing with Invitation to do business above. All prices ofproducts and services displayed on the www.weber.co.za website are inclusive ofValue Added Tax.
Payment: Payment terms and manner of payment are stipulatedin the clause dealing with payment above.
Terms and conditions governing this agreement: The full Termsand Conditions applicable to the access and use of the services provided on thewww.weber.co.za website and any amendments thereto, shall at all times beavailable on the Website, save to the extent that they may be varied in writingby the parties. These terms may be accessed on this Website, downloaded andstored, or reproduced at any time.
Delivery of products or services: The anticipated time ofdelivery (between 5-7 working days) of any products or services, purchasedusing 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 issubject to the discretion of www.weber.co.za.
Transaction records and history: A full record oftransactions effected using www.weber.co.za shall be available to the user fora period of 14 days from delivery of the products or services to the purchaserby www.weber.co.za or its agents. You may access this history as provided forunder the clause Transaction History above.
Dispute resolution: The provisions governing DisputeResolution 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 minimumduration of agreements entered into between users and registered purchasers touse the www.weber.co.za website. All agreements shall endure indefinitely subjectto either parties rights to terminate the agreement. The termination of theagreement by either party shall be without prejudice to any rights between theparties existing at the time of the termination, which shall endure beyond thedate of termination.
www.weber.co.za CONTACT INFORMATION
Email address: info@weber.co.za
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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.zaunder license and may not be used or reproduced in any manner without the priorwritten 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
