TERMS AND CONDITIONS
These Terms and Conditions (“T&Cs”) govern all the dealings between Tuff Gear (Pty) Ltd (Tuff Gear) and any party (“the Customer”) wishing to use the Tuff Gear online shop (Buy Aprons website) with the intention of purchasing merchandise (“Product”) from Tuff Gear .
- CONDUCTING OF BUSINESS & PROCEDURES FOR PURCHASING, PAYMENT & DELIVERY BETWEEN TUFF GEAR AND CUSTOMER
Customers can purchase products via our online offering on the Site. Prices displayed on the website are shown as excluding price plus the vat amount to get to an inclusive of Vat price. After carefully selecting products proceed to checkout page. Tuff Gear takes no responsibility for incorrect selection of products by the customer (refer to refund policy below). At the checkout page a payment option is available to pay by instant EFT (Ozow – an automated instant EFT platform that allows you, “the customer” to make secure payments directly into our bank account . After the Customer having chosen which products to order and having proceeded to the checkout screen, the amount to be paid will be displayed together with any additional charges including VAT and courier fees (if applicable). The Customer must pay for the Product in full at the time of ordering by EFT. Orders will only be processed when the full amount of the order has been cleared into our bank account. Tuff Gear takes no responsibility for funds not cleared and it will be the responsibility of the Customer to liase with the bank if such issue arises. By proceeding with payment the Customer accepts all T’s & C’s in this document and this is now a legally binded sale transaction. Delivery of the products will take place when the full order is completed and paid for in full. If any fraudulent activity is detected Tuff Gear has the right to cancel the transaction between Tuff Gear and the Customer at any time. The customer is liable for delivery charges as indicated on the checkout page. Delivery will be carried out by an independent courier company. Details regarding delivery times will be communicated to the customer. Tuff Gear will not be responsible for any losses or expenses incurred due late delivery for any reason whatsoever. All risk will pass on to the client upon dispatch. Deliveries should not be accepted if the package is damaged or else it will be deemed as accepted without any defect. No claim can be made thereafter for goods in transit damage. The customer must notify Tuff Gear with regards to the damaged package.
Unless the Customer qualifies as a customer as defined in the Consumer Protection Act (“CPA”) (Sec 16 Sec 19 read with S20 ) , in which case the rules as set out in the CPA will apply, returns will only be accepted if the Customer notifies Tuff Gear within 30 working days of receipt of the Product. Under no circumstances will a credit or refund be passed on a product returned if either worn or washed. No refunds or returns on embroidered or customised items. If the incorrect size/garment was originally ordered by the Customer and subsequently correctly supplied by Tuff Gear, the incidental transport, admin and handling costs will be charged to the Customer. Should the return be approved, a refund/Credit Note in favour of the Customer will be duly processed, but the Customer remains liable for all courier and logistics fees incurred. Should the Customer elect to cancel their order when the order has already shipped, the customer remains liable for all courier fees. If Tuff Gear supplied the incorrect goods then we will collect the goods at our expense and replace the goods as per the correct order.
Tuffgear may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner. In the event of a fraudulent purchase being placed on Tuffgear’s website, account holders will be advised to initiate a chargeback via their bank in order to be refunded. Tuffgear does not process refunds for orders suspected of fraud, nor do we accept any liability for such payments. Tuffgear does not provide order details relating to orders suspected of fraud. If, in the event Tuffgear suspecting fraudulent activity, at its own discretion, it reserves the right to not accept and/or process payment and may cancel any sale between Tuffgear and the Customer and report the matter to the relevant authorities.
Every reasonable effort will be made to ensure Price of all products on the Site are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Tuffgear will not be obliged to supply the said product at the incorrect price. Tuffgear also reserves the right to change prices when it deems necessary and the Customer agrees that these revised prices are not negotiable. If the Customer wishes to purchase any product on the Site, the Customer will be obliged to pay the price as indicated.
- ERRORS AND OMISSIONS
Whilst Tuffgear shall take all reasonable effort to ensure the accuracy of all details and descriptions shown on the Site, Tuffgear shall not be liable for any loss, claim or expense relating to a transaction based on such error.
- GOVERNING LAWS CONFIDENTIAL
As this Site is operated and controlled in the Republic of South Africa, it is therefore governed by South African Law and thus both the Customer and Tuff Gear will submit to South African courts.
All the contents of the Site are the property of and vests in Tuff Gear. Any unauthorized copying of the contents of the Site is strictly prohibited and Tuff Gear reserves the right to prosecute any person or organization which infringes this right.
Tuff Gear undertakes not to send to the Customer unsolicited correspondence nor to share the Customers personal data with any other third party for this purpose. Any personal information supplied to Tuff Gear will be used solely by Tuff Gear for processing orders, delivering orders to the correct address, processing payments, providing credit facilities, providing relevant communication when required and any other similar related services. Tuff Gear may be required from time-to-time to share your information with our distribution partner for the purposes of delivering your Product(s).
10.FORCE MAJURE/VIZ MAJOR
If Tuff Gear is prevented directly or indirectly from carrying out all or any of its obligations in terms of these T&Cs as a result of any cause beyond its reasonable control (including without limiting the generality of the foregoing, war, civil commotion, riot, insurrection, strikes, fire, floods), Tuff Gear shall be relieved of its obligations during the period that such event occurs and it shall not be liable to the Customer for any breach in these obligations.
Downloading or any attempt to download malware or damaging coding on this Site, will lead to Tuff prosecuting the responsible person. The Customer warrants that the username and password used to log in on this Site is for personal use only and will not be shared or passed on to any third party. 1
Tuff Gear is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Tuff Gear is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security. However, neither Tuff Gear nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content. Furthermore, Tuff Gear provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. Although the products on the site may be under guarantee, the site itself is offered on an “as it is” basis and is not set up or delivered according to your individual specifications.
No person, business or website may be linked to any page on this site without prior written permission from Tuff Gear.
14.LIMITATION OF LIABILITIES
Under no circumstances shall the total liability of Tuff Gear include other costs, damages and / or losses which may be incurred resulting in the total claim exceeding the amount of the Product purchased from Tuff Gear.
Tuff Gear may, at its own discretion, change these T&Cs or any part thereof. It is the responsibility of the registered user to be familiar with these T&Cs before using the site. Variations to these T&C’s will be binding only if in writing. These T&C’s and any future revised versions thereon will commence from the date when they are published on the Site and continue for as long as the Site is operational. Tuff Gear reserves the right to close the Site at any future time.