Conditions of Use
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Tool Store (“Provider”) website located at the domain name https://garden.tools4.co.za/ (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the prior written consent of the Provider.
When the User visits https://garden.tools4.co.za/ or send e-mails to the Provider, the User is communicating with the Provider electronically. The User consents to receive communications from the Provider electronically. The Provider will communicate with the User by e-mail or by posting notices on this site. The User agrees that all agreements, notices, disclosures and other communications that the Provider provides to the User electronically satisfy any legal requirement that such communications be in writing.
E-Commerce & Privacy
The Website https://garden.tools4.co.za/ sells tools/hardware goods online. The use of any product or service bought from this Website is at the User’s risk. The User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website. The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device. The Provider will supply all goods to the delivery company in good order.
Pricing Errors. Pricing of products is subject to change without notice. Tools4.co.za is not responsible for pricing, typographical, or other technical errors. Customers will be notified and a full refund will be offered.
Incorrect Pricing. Due to the volatile market conditions, there are sometime fluctuations of prices from our suppliers that have not been communicated to us. We therefore reserve the right to remove the item from any order and provide a full refund for that item.
Online Payment – MyGate Payment Gateway
All online credit card payments are processed by the MyGate Internet Payment Gateway. Card Holders may go to http://www.mygate.co.za to view the MyGate security policy.
Subject to stock availability with suppliers and receipt of payment, requests will be processed within 3 days and handed over to a courier company for delivery. Unless otherwise specified, delivery is R100.00 Including Vat. For very remote areas not serviced by standard couriers the Provider will deliver via Post Office, or to the nearest town to the User that is accessible by our courier company within their normal routes. In these circumstances the Provider will be in contact with the User to arrange an alternative address. The Provider will supply all goods to the delivery company in good order and will ensure that goods arrive at the User’s chosen delivery address in the same good order. Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions within 10 days of order.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Manager, [email protected]
Returns / Refund Policy
Products may not be returned unless the incorrect product has been supplied by the Provider or the product is damaged or faulty. If the wrong product has been supplied, or if the product is faulty or damaged, the Provider will exchange it on condition that the customer returns the products within five days of receipt. In such an instance, the Provider will make a reasonable effort to exchange the product upon receipt of the returned products, but if replacement is not possible, the Provider will refund the purchase price including delivery cost upon receipt of the returned products.
The offering on this website is available to South African clients and delivery addresses only, unless special arrangement is made before placing an order. Please contact [email protected] to arrange international sales.
Updating of these Terms & Conditions
The Provider reserves the right to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright & Intellectual Property Rights
The Provider provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider makes no warranty or representation as to the availability, accuracy or completeness of the Content. Neither the Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: Casual Surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve the Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of any competent magistrates court in the event of any dispute, however the Provider reserves the right to approach any High Court having jurisdiction. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.