ONLINE STORE – TERMS & CONDITIONS
- This website can be accessed at saleak.co.za and related mobi-site (the “Website”) and is owned and operated by SA Leak Detection Distributors CC (“SA Leak”, “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 “purchase” 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 plumbing accessories, leak detection equipment, cctv pipeline inspection equipment, and more (“Goods”).
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which,
- may limit the risk or liability of SA Leak Detection Distributors; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify SA Leak Detection Distributors; and/or
- serves as an acknowledgement, by the user, of a fact.
- 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 SA Leak Detection 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 SA Leak Detection Distributors in terms of the CPA.
- SA Leak Detection Distributors permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
- Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
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 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 SA Leak Detection 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, which 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 SA Leak Detection Distributors representative.
Conclusion of sales and availability of stock
- Users may place orders for Goods, which SA Leak Detection Distributors may accept or reject. Whether or not SA Leak Detection 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 SA Leak Detection Distributors for the Goods.
- NOTE: SA Leak Detection Distributors will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and SA Leak Detection Distributors come into effect (the “Sale”). This is regardless of any communication from SA Leak Detection Distributors stating that your order or payment has been confirmed. SA Leak Detection Distributors will indicate the rejection of your order (by SA Leak Detection Distributors itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
- Placing Goods in a wishlist or 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 SA Leak Detection 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 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 SA Leak Detection Distributors, SA Leak Detection 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, SA Leak Detection Distributors will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology from Payfast. Please see more information regardoing security / fraud https://www.payfast.co.za/security-fraud
- Payment can be made for Goods via –
- debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. SA Leak Detection Distributors will not accept your order if payment has not been received;
- You may contact us via our contact page to obtain a full record of your payment. We will also send you email communications about your order and payment.
- Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of goods
- SA Leak Detection Distributors offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
- courier; or
- . Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
- Where it accepts your order, SA Leak Detection Distributors will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) 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.
- SA Leak Detection 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. SA Leak Detection 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 Returns Policy.
- SA Leak Detection Distributors shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
- We respect your privacy and will take reasonable measures to protect it.
- We will not, without your consent use your personal information for any purpose other than as set out below:
- in relation to the ordering, sale and delivery of Goods;
- to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
- to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
- SA Leak Detection Distributors undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
- Whilst we will do all things reasonably necessary to protect your rights of privacy, we 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.
Changes to these Terms and Conditions
- SA Leak Detection 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.
- Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Online Store Disclaimer
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst SA Leak Detection Distributors takes reasonable measures to ensure that the content of the Website is accurate and complete, SA Leak Detection 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 SA Leak Detection Distributors’ representatives, SA Leak Detection Distributors shall not be bound thereby.
- SA Leak Detection 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 SA Leak Detection Distributors, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, SA Leak Detection 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 SA Leak Detection Distributors, its employees, agents or authorised representatives. SA Leak Detection Distributors 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.
Linking to third party websites
- This Website may 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 SA Leak Detection 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 thereon.
Limitation of liability
- SA Leak Detection 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 SA Leak Detection Distributors, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our contact page.
- SA LEAK DETECTION DISTRIBUTOTRS 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 SA LEAK DETECTION DISTRIBUTOTRS 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.
- Sa Leak Detection Distributors may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Sa Leak Detection 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.
- Sa Leak Detection Distributors is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion intended by Sa Leak Detection Distributors to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Sa Leak Detection Distributors, in whole or in part, on notice to you. Sa Leak Detection Distributors shall only be liable to refund monies already paid by you (see Sa Leak Detection Distributors’’ Returns 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 SA Leak Detection 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 SA Leak Detection Distributors, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.