Terms and Conditions
- This website can be accessed at www.windscreendistributors.co.za, related mobile-sites, and software applications (the “Website”) and is owned and operated by Windscreen Distributors(Pty) Ltd (“Windscreen Distributors”, “we”, “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of Goods, and the use of the Website.
- These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website enables you to shop online for an extensive range of goods (“Goods”).
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Windscreen Distributors to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions 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 Windscreen Distributors in terms of the CPA.
- Available at the bottom left of the invoice supplied by the
You are entitled to cancel your order for the Goods, without penalty, provided the goods have not left the Distribution Centre.
Once the Goods have left the Distribution Centre, you are entitled to cancel your order within 10 days of the Goods having been delivered to you. In such an event you will receive a credit of the goods and will be held liable for any delivery charge incurred, or pay for any delivery costs to return the goods. This is provided:
- You undertake not to utilise the Goods;
- Your agreement of purchase will be deemed to have been cancelled, and
- You will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping charges where applicable.
Use of the website
- 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 Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instruments 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 devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Windscreen Distributors representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material that is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- 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 Windscreen Distributors representative.
Conclusion of sales and availability of stock
- Users may place orders for Goods, which Windscreen Distributors may accept or reject. Whether or not Windscreen Distributors accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Windscreen Distributors for the Goods.
- Windscreen Distributors will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Windscreen Distributors come into effect (the “Sale”). This is regardless of any communication from Windscreen Distributors stating that your order or payment has been confirmed. Windscreen Distributors will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods 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 Windscreen Distributors liable if such Goods 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.
- You acknowledge that the stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Windscreen Distributors, Windscreen Distributors will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Windscreen Distributors will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- Goods for delivery or delivery can only be paid for through the normal channel the site is merely for placing orders …
- Processing of orders is done after the order is received then after a sales representative will communicate directly with you…
- The website does not provide a payment portal.
Delivery of goods
- Items are currently delivered to buyers in the Republic of South Africa.
- Subject to availability and receipt of payment.
- Customers are only liable to shipping costs of their choosing
- Where we accept your order, we will deliver the goods to you as soon as reasonably possible, but no later than 14 (fourteen) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- Windscreen Distributors’ obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Windscreen Distributors is not responsible for any loss or unauthorised use of a product after it has delivered the product to the physical address nominated by you.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Return Policy.
- Windscreen Distributors shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
Changes to these terms and conditions
Windscreen Distributors may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Ownership and copyright
- The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Windscreen Distributors, its advertisers and/or sponsors and/or is licensed to Windscreen Distributors.
- You will not acquire any right, title or interest in or to the Website or the Website Content.
- Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
- Where any of the Website Content has been licensed to Windscreen Distributors or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
- Whilst Windscreen Distributors takes reasonable measures to ensure that the content of the Website is accurate and complete, Windscreen Distributors makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Windscreen Distributors’ representatives, Windscreen Distributors shall not be bound thereby.
- Windscreen Distributors disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website are not necessarily the views of Windscreen Distributors, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, Windscreen Distributors 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 wilful misconduct of Windscreen Distributors, its employees, agents or authorised representatives. Windscreen Distributors thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Linking to third party websites
- This Website does not contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Windscreen Distributors is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained therein.
Limitation of liability
- Windscreen Distributors cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Windscreen Distributors, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
- Windscreen Distributors shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
- You hereby indemnify Windscreen Distributors against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
Availability and termination
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- Windscreen Distributors may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Windscreen Distributors will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- Windscreen Distributors is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process the payment on any order, and/or to cancel any order concluded between you and Windscreen Distributors, in whole or in part, on notice to you. Windscreen Distributors shall only be liable to refund monies already paid by you (see Windscreen Distributors’ Return Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
- At any time, you can choose to stop using the Website, with or without notice to Windscreen Distributors.
Governing law and jurisdiction
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- In the event of any dispute arising between you and Windscreen Distributors, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this clause 17 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- Windscreen Distributors hereby selects Unit 3 Pelican Park, 11 Malcolm Moodie Crescent, Jet Park, Boksburg, Johannesburg,1459, South Africa, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Windscreen Distributors may change this address from time to time by updating these Terms and Conditions.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Windscreen Distributors not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by email will be deemed to have been received 24 (twenty-four) hours after it was sent.
- Windscreen Distributors may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or Windscreen Distributors to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- These Terms and Conditions contain the whole agreement between you and Windscreen Distributors and no other warranty or undertaking is valid unless contained in this document between the parties.