General terms and conditions of sale
The following terms and conditions govern all online offers, sales and purchases of products and/or services through the current website(s) .
1.1 The following terms and expressions shall have the following meanings:
a. ‘consumer’ shall have the meaning assigned to it in terms of the Consumer Protection Act, 68 of 2006;
b. ‘day’ means a calendar day;
c. ‘durable medium’ means any instrument which enables you or Trader to store information addressed personally to Trader in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
d. ‘digital content’ means data which are produced and supplied in digital form;
e. ‘product(s)’ means the hardware and software product(s) listed and described on the Site which Trader agrees to provide to you in accordance with these General Terms and Conditions;
f. ‘service(s)’ means the services, listed and described on the Site available for provision to you in accordance with these General Terms and Conditions.
2.1 Products and services sold through the Site are sold to you by Brand Hubb (Pty) Ltd with address as below (“Trader” or “us”).
Trader’s details/information is as follows:
Brand Hubb (Pty) Ltd (registration number 2015/181834/07)
Address of the place of business of Trader where the consumer/non-consumer can address any complaints, if different from geographical address at which the trader is established:
Po box address & email address
P O BOX 2295
3.1 These General Terms and Conditions apply to every offer of Trader and every contract concluded between Trader and you.
4 ORDERING AND CONTRACTING
4.1 When you visit the Site, place an order, or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and 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. This condition does not affect your statutory rights related to electronic communications.
4.2 By placing an order on the Site, you agree to abide by these General Terms and Conditions and you represent and warrant that you are eighteen (18) years of age or older and have the legal right to use the payment means selected by you. Verification of information provided by you may be required prior to the confirmation or acceptance of an order or completion of any purchase. You will have an opportunity to review your order, and to correct any input errors, prior to submitting your order to us.
4.3 Your order constitutes an offer to us to purchase a product and/or service. No charge of your credit card or other payment instrument by or on behalf of Trader constitutes an acceptance of your offer. We reserve the right to accept or reject your offer in our discretion. Note that we only deliver products and/or provide services to your address within South Africa and we do not deliver products and/or services to other countries. Your order is accepted by us when we send an email confirmation to you that we have shipped the product and/or the third party service provider has started to provide the service to you. We will inform you by email, to the email address provided by you to us at the time of purchase, if a product and/or service you ordered is unavailable or if we will be unable to ship a product and/or provide the service within the estimated delivery dates.
4.4 In the case of services please note that we are not the provider of the services purchased from the Site. These services will be provided by either our partner whose name and logo appears on the Site or by third party service providers as indicated on the Site and your relationship with them may be subject to additional terms and conditions which they will provide to you or require you to agree to before you receive the service.
4.5 All relevant sales information shall form an integral part of the contract and shall not be altered unless we have expressly agreed otherwise.
5.1 Clauses 5.2 to 5.9 will only apply if you are a consumer.
5.2 Save where you do not have a right of withdrawal as per clause 5.8, you have a period of 14 days to withdraw from the contract, without giving any reason, and without incurring any costs other than those provided for in this clause 5. The withdrawal period will expire after 14 days from:
a. in the case of service contracts, the day of the conclusion of the contract;
b. in case of sales contracts for products, the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the products, or:
i. in the case of multiple products ordered by you in one order and delivered separately: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last product;
ii. in the case of a contract relating to delivery of a product consisting of multiple lots or pieces: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last lot or piece;
iii. in the case of a contract for regular delivery of products during a defined period of time: on the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the first product.
5.3 To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by registered post, and by email using contact details provided to you as per clause 2.1). You may use the attached model withdrawal form, but it is not obligatory. You may also electronically submit the model withdrawal form or any other unequivocal statement to the contact email address in which case we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium without delay. For most efficient processing of your withdrawal we suggest that you first contact our call centre for further detailed instructions. You shall have exercised your right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by you before that period has expired. The exercise of the right of withdrawal shall terminate the obligations of the parties: (a) to perform the contract; or (b) to conclude the contract, in cases where an offer was made by you. If you exercise your right of withdrawal, any ancillary contracts shall be automatically terminated.
5.4 If you withdraw from the contract, we shall reimburse to you all payments received from you, including, if applicable, the costs of delivery (with the exception of the supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 10 days from the day on which we are informed of your decision to withdraw from this contract in accordance with clause 5.3. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided you do not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or until you have supplied evidence of having sent back the products, whichever is the earliest.
5.5 You shall hand them over to us, without undue delay and in any event not later than 10 days from the day on which you have communicated your decision to withdraw from the contract to us in accordance with clause 5.3. The deadline is met if you send back the products before the period of 10 days has expired. In consideration of risk of loss or damage of products as implied under clause 6.6, we recommend that you use a carrier that allows tracking and monitoring of delivery status for your returns. For most efficient processing of your return we suggest that you contact us at the telephone number indicated to obtain a return merchandise authorisation (RMA) number prior to returning your product.
5.6 You shall only bear the direct cost of returning the products. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
5.7 If you want the performance of services to begin during the withdrawal period provided for in clause 5.2(a) we require that you make an express request. You acknowledge that you will lose your right of withdrawal once the service has been fully performed. If you exercise the right of withdrawal after having made such request but before the service has been fully performed, you shall be liable to pay us reasonable costs, consisting of an amount which is in proportion to what has been provided until the time you have informed us of the exercise of the right of withdrawal, in comparison with the full coverage of the contract. The proportionate amount to be paid by you to us shall be calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.
5.8 In the following situations you do not have a right of withdrawal:
a. service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by us;
b. the supply of products or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur within the withdrawal period;
c. the supply of products made to your specifications or clearly personalised;
d. the supply of products which are liable to deteriorate or expire rapidly;
e. the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
f. the supply of products which are, after delivery, according to their nature, inseparably mixed with other items; and
g. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
5.9 The burden of proof of exercising the right of withdrawal in accordance with this clause 5 shall be on you. Except as provided for in this clause 5, you shall not incur any liability as a consequence of the exercise of the right of withdrawal.
6 DELIVERY AND EXECUTION
6.1 Unless we have agreed otherwise on the time of delivery, we shall deliver the products by transferring the physical possession or control of the products and/or commence provision of services to you without undue delay. If you are a consumer this shall be no later than 30 days from the conclusion of the contract.
6.2 Where we have failed to fulfil our obligation to deliver the products and/or commence the provision of services at the time agreed upon with you or within the time limit set out in clause 6.1, you shall call upon us to make the delivery and/or commencement within an additional period of time appropriate to the circumstances. If we fail to deliver the products and/or commence provision of services within that additional period of time, and you are a consumer, you shall be entitled to terminate the contract.
The above shall not be applicable to sales contracts and/or services contracts where we have refused to deliver the products and/or commence the provision of services or where delivery or commencement within the agreed delivery period is essential taking into account all the circumstances attending the conclusion of the contract or where you inform us, prior to the conclusion of the contract, that delivery by or on a specified date is essential. In those cases, if we fail to deliver the products and/or services at the time agreed upon with you or within the time limit set out in clause 6.1, you shall be entitled to terminate the contract immediately.
6.3 If you are a consumer, upon termination of the contract in accordance with clause 6.2, we shall, without undue delay, reimburse all sums paid under the contract.
6.4 If you are a consumer, in addition to the termination of the contract in accordance with clause 6.2, you may have recourse to other remedies provided for by national law.
6.5 Orders are shipped on weekdays (Monday through Friday), except for applicable national holidays in South Africa. If any products in your shopping cart indicate “Pre-Order” as the status, your entire order will be delayed until all of the items in your order are in stock. You will receive a shipment confirmation e-mail with carrier tracking information on the day that your order ships from our warehouse. When an order is placed, it will be shipped to the shipping address designated by you as long as that shipping address is complete and compliant with the shipping restrictions contained on the Site. All shipments are made by an independent third party carrier chosen by us. Shipping dates on the Site are estimates and are not binding. We will inform you by email upon shipment of a product. In case of conflict between this clause 6.5 and another part of clause 6, that other part shall prevail.
6.6 Subject to clause 6.8, the title, risk of loss of or damage to the products shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the products.
6.7 Our standard shipping charges are based on the total value and/or size and/or weight of merchandise shipped in a single shipment and the shipping address. Charges for expedited delivery, if applicable, are in addition to the standard shipping charge. Standard and expedited shipping charges will be displayed on the Site before you place your order.
6.8 We retain title to all products shipped until we have received final payment in full.
7 PRICE AND PAYMENT
7.1 The prices displayed on the Site are the total prices quoted in the applicable currency based on the location you have selected, inclusive of taxes, or where the nature of the products and/or services is such that the price cannot reasonably be calculated in advance, the Site shall display the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.
In the event of a pricing error on an item and/or service that you have ordered, we will notify you and await your approval of the corrected price before continuing to process your order. Your credit card or other payment instrument will be billed by Trader and the charge may appear on your statement as “BRAND HUBB PTY LTD”. If you do not wish to proceed, we will promptly refund any amounts previously billed.
8.1 We warrant that the product will be in compliance with this contract, the manufacturer’s specifications and warranty terms will be in line with those supplied with the product, and the provisions of the applicable laws and / or governmental regulations on the date the contract was entered into will apply to this contract. Furthermore we warrant that services shall be in conformance with their service description and will be performed during the applicable service period. This warranty does not apply to products damaged by misuse, accident, or normal wear and tear. Because of possible user resealing error, this product is not warranted against water housing leakage or any resulting damage. In the event of a defect, please contact us via our contact page by email or telephone.
8.2 The following clause does not apply if you are a consumer. Our sole obligation under the warranty at clause 8.1 will be at our option to repair or replace the product.
ALL IMPLIED WARRANTIES OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY AT CLAUSE 8.1. TRADER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TRADER BE LIABLE FOR ANY LOSS OF DATA, REVENUE OR PROFIT, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS AND REPUTATION, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR SERVICE, EVEN IF TRADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TRADER’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE.
IN NO EVENT WILL TRADER BE LIABLE FOR ANY LOSSES OR DAMAGE INCURRED BY ANY BUSINESS, TRADE, CRAFT OR PROFESSION CARRIED ON BY YOU OR ANY OTHER PERSON USING PRODUCTS AND/OR SERVICES PURCHASED UNDER THESE TERMS.
8.3 Warranty returns are limited to each product’s individual warranty as defined on the product’s packaging, instructions and on our Site. If you experience a problem with your FitTime product, we suggest you first contact our support team for assistance at 010 020 8813.
8.4 Some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The above warranty gives you specific legal rights. If you are a consumer, these rights do not affect your legal rights under applicable national legislation governing the sale of consumer products and services.
9.1 Unless provided otherwise in these General Terms and Conditions, we are not liable (for damages or otherwise)in connection with these General Terms and Conditions and any orders, products, services, or purchases except (a) to the extent damages arise from our or our representatives’ or agents’ intentional or grossly negligent conduct, (b) for death or personal injury or damage to property caused by our defective products and/or services, (c) for death or personal injury caused by our or our representatives’ or agents’ negligence, or (d) to the extent our liability cannot validly be excluded under applicable law.
9.2 If you are a consumer, subject to clause 9.1, we are only liable for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions and in no event are we liable for any loss of data, or for any special, indirect, consequential, incidental or punitive damages. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. The foregoing does not affect your non-excludable statutory rights and only applies to the extent permitted by the applicable law.
10 PERSONAL INFORMATION AND YOUR PRIVACY AND EXPORT CONTROL
10.2 Please note that products, which may include technology and software, are subject to U.S. or E.U. export laws as well as the laws of the country where they are delivered or used. You agree to abide by these laws. Under these laws, product(s) may not be sold, leased, or transferred to restricted countries, restricted end-users, or for restricted end-uses.
11.1 The Contract formed under these General Terms and Conditions is personal to you and you are not permitted to assign or transfer it to any other person without Trader’s prior written consent. Trader has the right to assign the contract in full or in part to any company or entity for business reasons provided this would not serve to reduce the guarantees for the consumer.
12 APPLICABLE LAW AND EXCLUSIVE JURISDICTION
12.2 The rights you have under these General Terms and Conditions are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law in South Africa. In the event of conflict between these General Terms and Conditions and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.
13.1 A complaint regarding our services can be sent to Trader by sending an email to us at firstname.lastname@example.org