Terms and Conditions
***PAYFAST PAYMENT CANCELLATION FEE: Please note, should you wish to cancel your order after payment has been made through Payfast or with a credit card, you will be liable to a 5% service fee charge of your total order value.
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 ON AN “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 DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY 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.
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 miss-priced. If we discover a miss-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 delivery charges be incorrect, we reserve the right to cancel the order.
Place and time of agreement
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 centre, 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.za website 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.
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.
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.
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.
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.
Disclaimer of warranties and limitation of liability and applicable law
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.
INTELLECTUAL PROPERTY STATEMENT
Copyright in any information or trademarks 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 form 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.
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 firstname.lastname@example.org
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.
Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.
Price of goods: Prices are displayed in the website and are subject to www.weber.co.za rights in respect of any miss-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 of any products or services, purchased using the www.weber.co.za website shall be indicated at the time that any order is accepted by www.weber.co.za. Allow 10 working days for delivery of in-stock items. The delivery fee on all orders is subject to the discretion of www.weber.co.za.
Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.
Privacy and Security: The provisions governing Privacy and Security 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.