Abloc

Terms and conditions

Contents:

  • Definitions and interpretation
  • Terms and conditions of sale
  • Refunds and returns
  • Use of Website

 

DEFINITIONS AND INTERPRETATION

In this Website, and any Agreement that may result from the use of this Website, unless a contrary intention clearly appears:

  1. the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely:
  • Abloc” means Abloc Proprietary Limited, registration number 2013/210223/07, incorporated in the Republic of South Africa;
  • AFSA” means the Arbitration Foundation of Southern Africa or, should it cease to exist for any reason, such other independent body or person as may be selected, at the request of any party having an interest in such selection pursuant to the provisions of this Agreement, by the President for the time being of the Law Society of the Northern Provinces or its successor-in-title in Gauteng;
  • Agreement” means any agreement arising from the acceptance and confirmation of an Order by Abloc placed by the Customer directly or via the Website;
  • BMC” means BMC Switzerland AG, Sportstrasse 49, CH-2540 Grenchen (Switzerland);
  • BMC Warranty Regulations” means the warranty regulations and related warranty information for BMC Products, which can be found on the Website of BMC at the following link: http://www.bmc-switzerland.com/int-en/support/warranty;
  • Brand” means the brand of BMC and/or Abloc or any other brand of product that Abloc may carry from time to time (as the case may be);
  • Business Day” means any day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa;
  • Consumer” means any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with this Website as the end-user of the goods offered by this Website;
  • Customer” means any person placing an Order to purchase Products from Abloc directly or via the Website;
  • Display units” means Products which are on display for viewing or for testing;
  • ECT Act” means the Electronic Communications and Transactions Act, no 25 of 2002;
  • Order” means the order placed by the Customer with Abloc to purchase Products from Abloc directly or via Website;
  • Parties” means Abloc and the Customer;
  • Products” means the range of products offered by Abloc from time to time;
  • Terms and Conditions” means the terms and conditions set out herein;
  • URL” means a uniform resource locator (also known as a web address, particularly when used with HTTP) is a specific character string that constitutes a reference to a resource. Most web browsers display the URL of a web page above the page in an address bar;
  • User” means any person accessing any part of the Website;
  • VAT” means value-added tax in terms of the Value Added Tax Act, 89 of 1991;
  • Website” means https://www.abloc.co.za and all subpages thereof excluding links to external sites;
  • Website owner” means Abloc;
  1. words importing any one gender include the other two genders, words importing the singular include the plural and vice versa and words importing natural persons include created entities (corporate or unincorporated) and vice versa;
  2. clause headings are for convenience only and are not to be used in its interpretation;
  3. an expression which denotes a Party includes a reference to that Party’s successors in title and assigns.
  4. any substantive provision, conferring rights or imposing obligations on a Party and appearing in any of the definitions or elsewhere in the Agreement, shall be given effect to as if it were a substantive provision in the body of the Agreement;
  5. the rule of interpretation that a contract, or any part of a contract, is to be interpreted against the Party responsible for the drafting or preparation of the contract, shall not apply in respect of the Agreement;
  6. words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout the Agreement;
  7. a reference to any statutory enactment shall be construed as a reference to that enactment as at the date of the Agreement and as amended or substituted from time to time;
  8. when any number of days is prescribed in the Agreement, such number shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day;
  9. if the due date for performance of any obligation in terms of the Agreement is a day which is not a Business Day then the due date for performance of the relevant obligation shall be the immediately succeeding Business Day;
  10. where figures are referred to in numerals and in words, and there is any conflict between the two, the words shall prevail;
  11. the expiration or termination of the Agreement shall not affect such of the provisions of the Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for such;
  12. any communication which is required to be “in writing” shall include a communication which is written or produced by any substitute for writing or which is partly written and partly so produced, and shall include printing, typewriting, lithography, facsimile or electronic mail or any form of electronic communication or other process or partly one and partly another.

 

TERMS AND CONDITIONS OF SALE

The following terms and conditions will apply to Products acquired by the Customer from Abloc directly or via the Website:

  1. Products – The Products that are offered for sale are advertised on the Website; these may include Display Units, which will be clearly marked as such on the Website;
  2. First come first served – It may happen that a Product that is displayed on the Website for sale, has been sold recently, but that it has not yet been removed from the Website: the principle of first come first served will apply;
  3. Pricing – The price of every Product will be indicated next to it on the Website; Abloc may change these prices from time to time in its sole discretion without prior notice;
  4. Placing of orders – Once a Customer has selected the Product which it wishes to purchase, he/she has to submit his/her order via the Website. The system will request the Customer to review the entire transaction and correct any mistakes. Thereafter the Customer may elect to withdraw from or proceed with the transaction. By clicking on the “purchase” or similar “final submit” button, the Customer will be deemed to have irrevocably submitted an offer to purchase the selected product/s (“Order”) and the Order cannot be withdrawn.
  5. Processing, acceptance and confirmation of Orders – Every Order will be subject to Abloc’s normal approval processes and procedures. It reserves the right to withhold acceptance and confirmation at its sole discretion. Abloc reserves the right to verify the identity of any purchaser or the payment method used. The Customer may be required to, inter alia, send a copy of his identity document, proof of residence, and a copy of the front and back of the credit card to be used, as well as proof of payment to Abloc’s satisfaction. Failure to do so may result in Abloc not confirming or cancelling the order. Abloc will use its best endeavours to supply or source the requested Product. It can unfortunately not guarantee the availability of any Product, inter alia for the reason set out in 2 above (first come first served). Abloc reserves the right to decline any product request. Once Abloc has accepted the Order, it will confirm the Order to the Customer. Although the Website is set up to confirm Orders, technical or other problems may at times delay or prevent such confirmation. Customers should refrain from resending an Order if a confirmation is not received within a reasonable period of time, as this will lead to a second transaction for which the Customer will be held liable. Enquiries in respect of outstanding confirmations should be addressed to support@abloc.co.za
  6. Performance – All orders shall normally be executed within the following estimated timeframe: Local stock: 4-5 business days from the day the Order has been confirmed by Abloc; International stock: 7-10 business days from the day the Order has been confirmed by Abloc. Abloc shall notify the Customer should any Product be unavailable for any reason whatever. For information on guarantees applicable to products purchased by you, please see BMC’s Warranty regulations. The display of Products on the Website does not necessarily mean that a product is available.
  7. Payment – Upon confirmation and acceptance of the Order, payment has to be made before the Order will be executed. Payment could be made by electronic funds transfer to Abloc’s account, or via Abloc’s online payment gateway.
  8. Execution of orders – Orders will only be executed after proof of payment via a reputable bank has been received by Abloc and the funds have reflected in Abloc’s bank account, or confirmation has been received by Abloc’s online payment gateway.
  9. Reservation of ownership – The Products will remain the property of Abloc until full payment has been received.
  10. Cooling off – If a Customer qualifies as a “consumer” in terms of the ECT Act, he/she may enjoy certain cooling-off rights in terms of which he/she can cancel any transaction for the supply of goods within 7 (seven) days after the date of receipt of the goods, or services within 7 (seven) days after the date of conclusion of the Agreement, without reason or penalty.
  11. Refunds and returns – Please refer to the refunds & returns policy in section C
  12. Incorrect orders – Should a Customer erroneously place an incorrect order, such order cannot be cancelled. Should a Customer place a correct order which is executed, and the client subsequently alleges that the Product does not fit or meet his requirements, the order cannot be cancelled.
  13. Assembly – Bicycles are normally imported in dis-assembled format. Bicycles will be assembled locally by a trained technician. They will then be partially dis-assembled and re-boxed for delivery to the Customer, unless otherwise instructed.
  14. Packing, delivery and risk in transit – Abloc will pack the Products for transportation and delivery to the Customer and will arrange for freight and insurance to such destination. The risk in the Products during transfer shall be Abloc’s until arrival at the destination and Abloc shall bear any customs duties and taxes that may be levied by reason of importation.
  15. Local freight charges – Abloc will bear the local freight charges per bicycle, frameset to be shipped by Abloc to the Customer.
  16. Airfreight – Should Abloc not have a Product in stock locally, the Customer will be requested to indicate whether it wants the Product sourced from abroad. If so, the Customer will place an order and bear the airfreight costs incurred in the process if the price of the bicycle (including VAT) is less than R100 000. Abloc will bear all international freight charges on a bicycle with a selling price of R100 000 or more (including VAT).
  17. Transport damage and incorrect deliveries – Transport damage and incorrect deliveries must be reported to Abloc in writing within 48 hours of delivery, otherwise Abloc will accept no liability (also see the Warranty Regulations in this regard).
  18. Ability and speed of delivery – Abloc shall use its best endeavours to supply the Products ordered as soon as possible after confirmation of the order, in so far as it is not prevented or hindered by limitations of availability, production hold-ups, strikes and the like. Shipping dates and estimates of time of arrival will be the best estimates available or known to Abloc but shall not be of the essence to the shipment. Should the Customer require express delivery, express delivery costs (locally and internationally) will be borne by the Customer.
  19. Warranties – BMC products are supplied subject to the BMC Warranty Regulations. The process to be followed by a Customer to exercise his rights in terms of a BMC warranty, is set out on the Website. It is the Customer’s responsibility to familiarise himself with the warranty regulations applicable to every product purchased form Abloc.

 

REFUNDS AND RETURNS

  1. If you have effected payment prior to exercising your right to return the products, Abloc will refund you the full purchase price thereof, less any direct costs incurred by Abloc in returning such goods.
  2. Unused items may be returned in the original packaging within 14 days of delivery with receipt or proof of purchase as well as reasons for the return. Thereafter Abloc cannot offer any refund or an exchange.
  3. Upon receipt of the returned product, Abloc will fully examine it and notify the purchaser within a reasonable period of time, whether he/she is entitled to a replacement as a result of the defect or damage. If the purchaser qualifies, Abloc will send the user a replacement product. If the purchaser does not qualify for a replacement product, or if a replacement product is not available, and if the purchaser was entitled to a return, Abloc will refund the purchase price and a credit will be applied to the original method of payment.
  4. Only regular priced items may be refunded. Sale items are non-refundable.
  5. To follow up on the status of your return, please enquire at support@abloc.co.za.
  6. Goods will only be exchanged if they were defective or damaged upon receipt. In circumstances where a purchaser regards a product as defective or damaged, Abloc should immediately be contacted at support@abloc.co.za with details of the product and the specific defect(s) and pictures of the defects/damage.
  7. The user may be requested to present the item to a dealer or return it to Abloc for inspection.
  8. Some items are not refundable and not exchangeable.
  9. To return defective or damaged items, the purchaser has to send them via courier to the address advised by Abloc at the time at its own cost.
  10. Returns do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns must be prepaid and insured by the purchaser. The purchaser is responsible for any loss or further damage during shipment. Abloc does not guarantee that it will receive the returned item. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping.

 

USE OF WEBSITE

  1. The use of this Website is subject to the terms and conditions of use set out below. By using this site the user agrees and is deemed to have agreed to observe all terms and conditions of use, including any privacy or other policies which may appear elsewhere on this Website.
  2. This Website is comprised of information and content which includes but is not limited to e-commerce.
  3. Abloc may, in its sole discretion, amend these terms and conditions, including prices, from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration effected.
  4. Use of this Website is strictly at the sole risk of the user. By accessing the Website, the user warrants and represent to Abloc that he/she is legally entitled to do so and to purchase any of the Products offered for sale via the Website. The user further warrants that all the details supplied are true, correct and complete and that the user is legally capable of concluding the transaction. If the user is younger than 21 years of age, the user warrants that he/she has the consent of his/her legal guardian to enter into the agreement with Abloc or that he/she had obtained legal status in another manner.
  5. Users wishing to utilise content for commercial purposes may only do so with the prior written permission of the Website owner. Requests for commercial use may be submitted by using the “contact” page. The granting or refusing of permission is completely within the discretion of the Website owner, and may be conditional. Any use of the content or any other part of this Website, including any content sent to users, must be clearly accompanied by the following: “© Abloc. All rights reserved.”
  6. Any query in respect of these Terms and Conditions or the use of this Website must be submitted by contacting Abloc via its Contact page.
  7. Users should regard nothing contained in this Website as an offer but rather as an invitation to do business.
  8. This entire Website, including text, images, links, downloads and coding, is provided “as is” and “as available“. The Website owner makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the Website or the information contained in it.
  9. Subject to Chapter 7 of the ECT Act, the Website owner, its employees, suppliers, service providers, affiliates, subcontractors and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this Website.
  10. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the Website owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.
  11. The Website owner has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the fullest possible extent permissible under law, the Website owner disclaims any liability whatsoever for any loss or damage arising from the use of third party Websites, contents and features.
  12. Users agree to indemnify and hold harmless the Website owner, its officers, employees, service providers, servants, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the users’ use of this Website, third party Websites or any of the services offered through such sites in any way, including but not limited to the provision of content.
  13. Under sections 43(1) and (2) of the ECT Act the Website owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the Website owner has not set out the information and procedures as required, the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction. Where a transaction has been so cancelled:
    • the consumer must return the goods of the supplier and/or immediately cease using the services performed; and
    • the supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.
  14. Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
    • This Website does not store any user credit card information;
    • Transactions via the Website are processed through PayFast payment gateway.
    • For more information on PayFast and their security standards visit payfast.co.za
  15. The user agrees that all instructions, consents, orders and other communications which:
    • purport to originate from the user or a person who had authority to act on behalf of the user to operate automatically (collectively “the originator”);
    • are sent to Abloc electronically; and
    • may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given; or
    • may not have been given by the user at all,

shall be deemed to have been given by the originator in the form actually received by Abloc and the user will be bound by such instruction with no liability of whatever nature attaching to Abloc in regard thereto. The user waives any rights that he may have or obtain against Abloc arising directly or indirectly from any loss or damage of whatsoever nature which he may suffer as a result of the fact that Abloc acts on his instructions/orders or instructions/orders purported to emanate from him and the user indemnifies Abloc against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by the user, arising as a result of the fact that Abloc has acted on his instructions/orders or instructions/orders which purported to emanate from him.

  1. Abloc is registered for VAT and prices reflected on this Website are inclusive of VAT.
  2. Data messages, including e-mail messages, sent by users to the Website owner shall be deemed to be received only when acknowledged or responded to. A data message sent by the Website owner to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
  3. The Website owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
  4. In order to provide a relevant and secure service, and where required to do so under law, the Website owner may monitor and/or intercept electronic communications such as e-mail which are sent to this Website. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
  5. Any content received by e-mail or other data message will be assumed to have been submitted for publication free of charge, unless the sender clearly stipulates that payment for the content is required and includes all relevant contact and pricing information in the e-mail or other data message. The publication of content, either on-line or off-line, is within the sole and exclusive discretion of the Website owner.
  6. While Abloc and its service providers takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.
  7. The following acts in connection with this Website are expressly prohibited:
    • Gaining or attempting to gain unauthorised access to any web page or part of this Website;
    • Delivering or attempting to deliver any unauthorised or malicious code or content to this Website; and/or
    • Any amendment to or attempt to amend any of the content or any other part of this Website by unauthorised persons.
  8. We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on or part of this Website.
  9. Copyright in all information, images, source codes and other original material contained in this Website which is not attributed to a third party, is held by or licensed to the Website owner. The Website owner asserts and reserves all its rights, including moral rights, in this regard.
  10. If you believe that this site in any way infringes a third party copyright or other intellectual property right please contact Abloc specifying the full details of the alleged infringement.
  11. Further information regarding the manner in which we respect the privacy of users’ personal information is contained in our Privacy Policy in Section E
  12. The Website owner may monitor and intercept communications made through his Website in order to promote the secure and efficient operation of the Website. Users irrevocably agree that they consent to such interception and monitoring as may be reasonably carried out by the Website owner.
  13. Permission to link to this Website is given without assumption of any liability. Abloc reserves the right to withdraw permission granted to link to this Website at any time and for any reason.
  14. Hyperlinks contained on this Website and directed towards other Websites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This Website in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to Website.
  15. The express permission in writing of the Website owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site, is framed. Requests for permission can be submitted through our contact us page.
  16. The Website owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this Website and/or to terminate the access rights of any user where, for example and without limitation:
    • the Website owner regards the action or inaction of a user to constitute a breach of these terms and conditions;
    • the Website owner regards the action or inaction of a user to constitute abuse of the services offered through this Website; or
    • events beyond the reasonable control of the Website owner, including technical failures, prevent the continuing provision of the Website.
  17. The Website may not be used to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law. The user hereby indemnifies Abloc against any loss, liability, damage or expense of whatever nature which Abloc or any third party may suffer which is caused by or attributable to, whether directly or indirectly, the user’s use of the Website to send or post any message or material as aforesaid.
  18. Should Abloc be prevented from fulfilling any of its obligations to a Customer as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Abloc is so prevented from fulfilling them and the Customer’s corresponding obligations shall be suspended accordingly. In the event that force majeure continues for more than fourteen days after it has first occurred, then Abloc shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to the Customer. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of Abloc, including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control, sanction or shortage of transport facilities.
  19. A certificate issued by an administrator of this Website shall constitute prima facie proof of any fact related to this Website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the Website at a specific point in time.
  20. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by Abloc unless Abloc acknowledges receipt thereof in writing. This does not detract from the fact that if a user submits an order more than once, the user may have concluded a double transaction for which the user will be liable. A transaction will only be deemed to have been concluded between a user and Abloc on delivery/collection of the Product or service.
  21. The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
  22. This Website is owned, hosted and maintained within the Republic of South Africa.
  23. When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Johannesburg, South Africa.
  24. Any dispute arising out of or in connection with these Terms and Conditions including any question regarding its existence, validity or termination, shall be settled by the dispute resolution process of AFSA in Johannesburg in accordance with the AFSA rules, which rules are deemed to be incorporated by reference into this clause.
  25. The user also consents to the jurisdiction of the High Court of South Africa, as well as Magistrate’s Court having jurisdiction in terms of section 28 of the Magistrate’s Court Act as amended in respect of any dispute flowing from the use of this Website.
  26. Due to legal and other developments, Abloc may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the foot of this page.
  27. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.
  28. In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this Agreement.
  29. These terms of use contain the record of the entire agreement between the user and the Website owner. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Date of last update

16 October 2017