1.1. The Company shall mean K2016072791 (PTY) LTD Trading as Executool with
registration number 2016/072791/07
1.2. The Customer shall mean the person or entity who logged into The Website
using the relevant User Name and Password or entity who receives, or expects
to receive, any goods or services from the Company, or any persons or entities
residing at the physical address or email address implied during the course
of any correspondence with the Company.
1.3. The Company Systems shall mean all processes or means (regardless of whether
they are electronically automated, manually enabled or provided by any third
parties), that are used by the Company to capture information, provide information
to the Customer or third parties, deliver goods, process payments, keep records,
or ensure continuity of the services or products offered by the Company.
1.4. The Website shall mean the Internet website accessible using the Internet
URL www.executool.co.za
1.5. The OEM manufactures shall mean any third party entity or organisation
whose goods or services are offered by the Company for sale to the Customer.
1.6. The Goods shall mean any and all products and/or services provided by,
or offered by the Company to the Customer during the course of this agreement.
1.7. The Delivery Address shall mean information supplied by the Customer that
is used by the Company to describe the physical location where the Goods should
be delivered to in fulfilment of this agreement.
2.1. Subject to all the provisions of the clauses herein, the Company hereby
agrees to deliver the Goods, in a new and unused state, to the Courier Company,
for the consideration amount - all as specified by a valid order generated by
the Company System. The Customer hereby agrees to pay the Company the amount,
in advance, for delivery of those Goods specified by that same order.
2.2. The Customer further agrees to provide to the Company, on request, all
information required for it to meet its obligations in this regard, including
but not limited to, the Customers identity, physical, delivery and email addresses,
contact phone numbers, and if necessary bank account information.
3.1. All amounts payable in terms of this agreement shall be payable in advance.
No goods will be delivered until payment has been received in full.
3.2. Notwithstanding 3.1 above, in the event that any goods delivered are not
paid for, or if payment for such delivered goods has subsequently been reversed
for any reason whatsoever, those goods remain the sole property of the Company
and will be returned to the Company immediately on demand, in an unused condition,
with all original packaging and documentation. Any damages to the goods requiring
repair, or costs attributable to the used condition of the goods, or lack of,
or damage to packaging, or the cost of transporting or seizing those goods will
be payable by the Customer on demand.
3.3. The Company reserves the right at any time during the delivery process,
up until the goods are physically delivered to the Customer, to cancel the Customer's
order, for any reason whatsoever. In the event that the Customer's payment has
been processed before the order was cancelled, the Company undertakes to ensure
that the all amounts paid by the Customer for that cancelled order are re-paid
in full, no later than 10 working days after the Customer receives the notification
of cancellation of the order. The Company undertakes, where possible, not to
process the payment of any orders cancelled, and/or, in any event, to re-pay
in full, any orders cancelled that have been processed.
3.4. The Customer shall be liable for any and all expenses incurred by the Company
on an attorney and advocate scale whether incurred prior to or during institution
of legal proceedings or if judgement has been granted, in connection with the
satisfaction of such judgement, in regards to the enforcement of this agreement.
4.1. Delivery occurs when the Company's appointed courier service hands the
goods to the Customer, or any persons claiming to represent the Customer, at
the specified Delivery address. The Delivery Note, generated by the Company's
appointed courier service will serve as documentary evidence of such delivery.
All risks pass to the Customer on delivery.
4.2. The Company assumes that any persons claiming to represent the Customer
at the specified delivery address is duly authorised to receive the goods. The
Company, or its appointed courier service, cannot be held responsible for any
loss or liability whatsoever incurred in this regard.
4.3. If no notification to the contrary has been received by the Company from
the Customer within 5 (five) working days after the Delivery Note date, or the
quoted delivery date to the Customer in the absence of a Delivery Note, the
Customer is deemed to have accepted the goods delivered as conforming in all
respects to that ordered.
4.4. The Company assumes that the Delivery Address has been correctly specified
by the Customer and thus cannot be held responsible for incomplete, inaccurate,
out of date or any other discrepancies relating to information provided by the
Customer, particularly with regard to Delivery addresses, Customer contact information
or any other information required by the Company from the Customer in order
to fulfil any orders placed on the Company by the Customer. The Customer hereby
acknowledges that it is solely responsible for provision and on-going accuracy
of all such information required during any transactions undertaken with the
Company.
4.5. If, for any reason, delivery could not take place, the Company will attempt
to contact the Customer using the contact information supplied and use its best
endeavours to coordinate one additional attempt at delivery. If this attempt
also fails, for any reason, the Company will cancel the order and repay any
money paid by the Customer for that order.
5.1. The Company undertakes to ensure that all goods are delivered in good order to the courier company.
5.2. Parcel value will be specified to the courier company. Liability will
transfer to the courier company after the Company has delivered the goods to
the courier company. Additional parcel insurance should be requested from the
Company if required.
5.2. The Customer must notify the Company no later than 3 (three) working days
of goods lost or damaged in transit. n. The Company reserves the right, at its
sole discretion, to reject such goods returned, if it is reasonable to believe
they were not in fact damaged in transit.
5.4. In the event of such loss or damage, the Company cannot be held responsible.
Parcel loss or damage will be claimed from the courier company for re-supply
the goods, as originally ordered and will constitute a new order and subsequent
delivery.
5.5. On no account will the full extent of the Company's liability to the Customer,
in the event of lost or damaged goods, exceed the original order amount for
those goods.
6.1. The Customer shall have no claim against the Company and the Customer
hereby indemnifies and holds the Company harmless and free from liability in
respect of any loss, damage or cost caused by or arising from:
6.1.1. any fact or circumstances beyond the reasonable control of the Company;
specifically including, but not limited to, acts of God or Force Majeure or
6.1.2. any downtime, outage, interruption in or non-availability of any of the
services of the Company Systems and infrastructure;
6.1.3. any infringement of the Customers rights of privacy, constitutional and/or
any other like rights (including those of any other person or entity), arising
from the supply of goods provided in terms of this agreement;
6.1.4. any breach of security by any third party or any breach of confidentiality
by a third party or otherwise arising from any access howsoever obtained by
a third party to the Customer's information, data or content;
6.1.5. the damage, contamination or corruption of any kind of the Customer's
data, material, information and/or content howsoever occasioned;
6.1.6. without limiting the foregoing, any fact, cause or circumstances whatsoever
and howsoever arising if the Company has substantially performed its obligations
under this agreement.
6.1.7. any OEM product specifications or images that may have subsequently changed,
or have been erroneously represented by the Company in any way;
6.1.8. the Customer following the advice offered by the Company with regard
to the suitability of any product for any purpose. Such advice is offered as
a guide only, and the Company does not warrant that any product sold is fit
for any purpose whatsoever.
6.2. Notwithstanding anything to the contrary contained in this agreement or
in any addendum or annexure to this agreement, the Customer shall have no claim
against the Company and the Customer hereby indemnifies and holds the Company
harmless and free from liability in respect of any loss, damage or cost which
is indirect, consequential or incidental in nature.
6.3. The Company reserves the right to take whatever action it deems necessary
at any time to preserve the security and reliable operation of the Company Systems
and the Customer undertakes that it will not do or permit anything to be done
which will compromise the security of the Company Systems.
6.4. Although the Company shall use reasonable endeavours to provide disaster
recovery, the Company does not specify any recovery time, nor shall the Company
be liable for any loss or damage of whatever nature incurred or suffered by
the Customer from any cause whatsoever as a result of the Company's failure
to provide, or delay in providing, or providing only partial, disaster recovery.
The Customer is accordingly advised to make back-ups of its transactional, or
any other type of data. Nothing contained in this paragraph should be construed
as a representation that any back-ups of data implemented by the Customer will
be successful or in any way will avoid disaster.
6.5. Notwithstanding any of the provisions of this agreement, in the event of
a claim or claims for liability, for any reason whatsoever, by the Customer
on the Company, the Company's total liability to the Customer shall not exceed
the total payable amount by the Customer of any or all orders, placed by the
Customer on the Company in a one month period immediately preceding the date
of notification of the claimed liabilities, provided such orders have been explicitly
accepted by the Company in that period.
6.6. The Customer and the Company both warrant that they have complied with
all governmental, provincial and municipal statutory requirements promulgated
in relation to its principal business activities and that such compliance will
exist for the currency of this agreement. The Customer specifically agrees to
indemnify and hold the Company harmless in the event that the Customer commits
any transgression, and/or causes the Company to inadvertently commit any transgression
of any such regulations during the course of any transactions with the Company.
All goods are provided with the OEM manufacturer's warranty only. In the event that the Customer believes that the goods may be defective and qualify for a claim against the OEM manufacturer's warranty, such goods may be returned to the Company, all costs of such return to the Company to be borne by the Customer. If, at the sole discretion of the Company, the goods do indeed qualify for a claim against the OEM manufacturer's warranty, the Company undertakes to forward the goods to the OEM manufacturer for repair, solely in terms of that warranty, and to return the goods back to the Customer once repaired. All associated costs of transport to and from the OEM Manufacturer to be borne by the Company, provided such claim proves to be valid. In the event that the OEM manufacturer rejects such claim, all associated costs of repair, transport, insurance, customs duty and any other costs will be borne by the Customer.
The Company may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of the Company's services. Where the circumstances permit, the Company shall use its best endeavours to provide prior notice of any such suspension to the Customer. The Customer shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond the Company's control.
9.1. All intellectual property rights vested in or owned by a party or held
by a party under any licensing agreement with any independent third party shall
be and remain the sole property of such party and the relevant licensors respectively.
9.2. The Customer shall not be entitled to use any of the images, content, trademarks,
logos, brand names, domain names or other marks (collectively referred to herein
as marks) of the Company or any of its associates, or any of the product
OEM manufacturers, without the prior written approval of the Company or the
OEM manufacturers respectively.
The Company shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of the Company or to any third party.
11.1. The parties choose domicilium citandi et executandi (domicilium)
for the purposes of giving any notice, the payment of any sum, the service of
any process and for any other purpose arising from the agreement at the addresses
specified, in the case of the Customer, the physical address given by the Customer's
registration information, in the case of the Company, by the physical address
given in the 'Contact Us' page of the Website.
11.2. Any notice required or permitted to be given in terms of this agreement
shall be valid and effective only if in writing.
11.3. Any notice given and any payment made by one party to the other (the
addressee) which: -
11.3.1. is delivered by hand during the normal business hours of the addressee
at the addressees Dom cilium for the time being shall be presumed, until the
contrary is proved, to have been received by the addressee at the time of delivery;
11.3.2. is posted by prepaid registered post from an address within South Africa
to the addressee at the addressees Dom cilium for the time being, shall be presumed,
until the contrary is proved, to have been received by the addressee on the
7th (seventh) day after the date of posting;
11.3.3. is transmitted by tele-facsimile or e-mail shall be deemed (in the absence
of proof to the contrary) to have been received within 1 (one) hour of transmission
where it is transmitted during normal business hours and within 2 (two) hours
of the commencement of the following business day where it is transmitted outside
those business hours.
12.1. The Customer hereby specifically agrees, during the course of this
agreement, to be bound by the laws of the Republic of South Africa only, and
that they hereby further specifically agree to waive and relinquish all rights
enjoyed under the laws of any other country that contradict, or are not granted,
or recognised by the laws of the Republic of South Africa.
12.2. All Internet or electronic transactions are deemed to have taken place
in Johannesburg, South Africa, at the time implied by the Company System records.
12.3. All amounts will be paid in South African Rand (ZAR).
13.1. This document constitutes the sole record of the agreement between
the parties and no addition, variation or agreed cancellation of this agreement
shall be of any force or effect unless in writing and signed by or on behalf
of the parties. If there is any provision in any addendum which conflicts with
any provision in the standard terms and conditions of sale, the latter shall
prevail.
13.2. No party shall be bound by any express or implied term, representation,
warranty or the like which is not recorded in this agreement.
13.3. No extension of time or indulgence which one party (the grantor) may grant
to the other (the grantee) shall constitute a waiver of any of the rights of
the grantor who shall not be precluded from exercising any past or future rights
against the grantee.
13.4. All terms inferring gender will apply to both male and female equally.
All persons or entities who are referred to in the singular or plural, will
apply to both the singular or plural interchangeably. All clause headings are
intended for legibility only, and no meaning whatsoever can be derived from,
or associated with those headings with respect to the following clause wording.
14.1. Detailed description of goods and services:
Executool is a business in the Tools industry that supply TOP QUALITY products
coupled with exceptional service and a truly outstanding shopping experience.
14.2. Delivery policy:
Subject to availability and receipt of payment, requests will be processed within
1 business day and delivery confirmed by waybill confirmation .
14.3. Export restriction:
The offering on this website is available to South African clients only.
14.4. Return and Refunds policy:
The provision of goods and services by Executool is subject to availability.
In cases of unavailability, Executool will refund the client in full within
30 days. Cancellation of orders by the client will attract a 10% administration
fee.
(Please see Paragraph 5 above for full description of Goods lost or Damaged
in Transit. Also Paragraph 7 for Warranties)
14.5. Customer Privacy policy:
Executool shall take all reasonable steps to protect the personal information
of users. For the purpose of this clause, "personal information" shall be defined
as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569
14.6. Payment options accepted:
Payment may be made via EFT or via PAYGATE, Visa and MasterCard.
PLEASE NOTE THAT NO CREDIT CARD INFORMATION RETAINED ON THIS WEBSITE.
14.7. Card acquiring and security:
Card transactions will be acquired for Executool via PayGate (Pty) Ltd who are
the approved payment gateway for all South African Acquiring Banks. PayGate
uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and
no Card details are stored on the website. Users may go to www.paygate.co.za
to view their security certificate and security policy.
14.8. Customer details separate from card details:
Customer details will be stored by Executool separately from card details which
are entered by the client on PayGate’s secure site. For more detail on PayGate
refer to www.paygate.co.za.
14.9. Merchant Outlet country and transaction currency:
The merchant outlet country at the time of presenting payment options to the
cardholder is South Africa. Transaction currency is South African Rand (ZAR).
14.10. Responsibility:
Executool takes responsibility for all aspects relating to the transaction including
sale of goods and services sold on this website, customer service and support,
dispute resolution and delivery of goods.
14.11. Country of domicile:
This website is governed by the laws of South Africa and Executool chooses as
its domicilium citandi et executandi for all purposes under this agreement,
whether in respect of court process, notice, or other documents or communication
of whatsoever nature.
14.12. Variation:
Executool may, in its sole discretion, change this agreement or any part thereof
at any time without notice.
14.13. Company information:
This website is run by Executool (Private company) based in South Africa, K2016072791
(PTY) LTD Trading as Executool with registration number 2016/072791/07 and L
B Pienaar (Director))
14.14. Executool contact details:
Company Physical Address: 22 Aspen Crescent, Centurion, 0157, South Africa
Email: sales@executool.co.za Telephone: +27 12 663 2827