This Website and its contents, including any material, information, data, software, icons, text, graphics, images, design, lay-out, sounds, marketing material, video clips, trade names, trade dress, logos, trademarks, or other devices which feature on the Website belong to ALSAIF or ALSAIF has the requisite authority to utilise same.
INFORMATION
ALSAIF’s business details, which should be read in conjunction with all information contained on this Website, is as follows:
- Registration number: 2017 / 531378 / 07
- Trading as: Alsaif import & export Pty LTD (“ALSAIF”)
- Main business: Importer, Wholesaler and Retailer of Tools and Equipment
- Physical & Postal: Unit B3, Centurion Lifestyle Centre, Cnr Lenchen & Old Johannesburg road, Centurion, 0157
- Office bearers: Amina Jacobs
- Email address: md@alsaif.co.za
- Contact: 087-898-8888 or 087-898-8880
INTRODUCTION
This Website enables you to shop tools and equipment online from an extensive range of ALTIVERTER®-, ALTIWASH®-, ALTIGEN®-, FitFoam®-, DCA-, DEKO-, Jack Sealey (UK)-, WORKPRO®-, and Total Tools- brands.
ALSAIF permits the use of this Website subject to these specified Terms and Conditions. The Terms and Conditions is upon which ALSAIF (The Seller) will trade with the Customer, by governing the ordering, sale, and subsequent delivery of the purchased goods.
This website can be accessed at www.alsaif.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Alsaif import & export Pty LTD. You can, at any time, choose to stop using the Website, with or without notice to ALSAIF.
IMPORTANT NOTICE
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
Please read carefully before you commit to trading. It is advisable to print this (click here for print friendly version) and retain for your records.
When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for returns collections, is a delivery address within the borders of the Republic of South Africa.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, no. 68 of 2008 (the “CPA”).
The Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of ALSAIF; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify ALSAIF; and/or
- serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask ALSAIF to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or ALSAIF in terms of the CPA.
By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally.
You must not use this Website if you do not agree to the Terms and Conditions.
USER REGISTRATION
Only registered users may order Goods on the Website. To register as a user, you must create an account and provide a unique username and password and provide certain information and personal details to ALSAIF. You will need your Account to access the Website to purchase Goods.
You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify ALSAIF immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised ALSAIF representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised ALSAIF Employee.
USER ACCOUNT
Once your account has been created, you can start shopping immediately. We urge you to safeguard your username and password, however if you need to reset any of these please email us.
Should you wish to update any other information such as your delivery address, please also get in touch with us via email.
CONCLUSION OF SALE AND AVAILABILITY OF STOCK
Registered users may place orders for Goods, which ALSAIF may accept or reject. Whether or not ALSAIF accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by ALSAIF for the Goods.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Return and Replacement Policy.
Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, goods may be removed from the shopping basket if stock is no longer available, or the price thereof might change without notice to you. You cannot hold ALSAIF liable if such Goods are not available or are not available at the advertised price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge that stock of all Goods on offer is limited, and that pricing may change at any time without any notice to you. In the case of Goods for sale by ALSAIF, ALSAIF will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock.
When Goods are no longer available after you have placed an order, ALSAIF will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
PAYMENT
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method):
- debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- direct bank deposit or EFT (Electronic Fund Transfer): if you pay via direct bank deposit or EFT, payment must be made within 5 (five) business days of placing your order. ALSAIF will not accept your order if payment has not been received;
- Payfast; ( Mastercard, VISA, VISA Electron, ..etc).
- Instant EFT Payments.
You may contact us telephonically or email us to obtain a full record of your payment. We will also send you various email communications regarding both your order and payment.
Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
BANK DETAILS
ALSAIF does not display bank details on any documentation such as Invoices and Statements. In the course of processing your order, you will receive our official bank confirmation from your dedicated sales- representative. In order to protect our customers, ALSAIF’s bank details must be verified telephonically BEFORE making any payments.
ALSAIF will not accept any responsibility for any payments made into any other account other than its own.
REFUND POLICY
Please refer to our Refund Policy for more information about refunds. The Refund Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
DELIVERY AND COLLECTION OF GOODS
Please refer to our Delivery and Collection Policy for more information about delivery of products and any restrictions and extended deliveries. The Delivery and Collection Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Upon accepting of your order, ALSAIF will deliver the Goods to you within the stipulated timeframes in our Delivery and Collection Policy (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
ALSAIF’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. ALSAIF is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address registered by you.
ERRORS
ALSAIF shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Return and Replacement Policy.
ALSAIF shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
PRIVACY POLICY
Please refer to our Privacy Policy for more information about your online privacy. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
DISCLAIMER
The use of the Website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst ALSAIF takes reasonable measures to ensure that the content of the Website is accurate and complete, ALSAIF makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by ALSAIF’s representatives, ALSAIF shall not be bound thereby.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty (please refer to our Warranty Policy), the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of ALSAIF, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, ALSAIF also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of ALSAIF its employees, agents or authorised representatives. ALSAIF thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
ALSAIF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
YOU HEREBY INDEMNIFY ALSAIF IMPORT & EXPORT – ALSAIF ONLINE (ALSAIF) AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
AVAILABILITY AND TERMINATION
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
ALSAIF Online may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that ALSAIF will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your Account without any prejudice to any claims for damages or otherwise that we may have against you.
ALSAIF is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple Accounts to take advantage of a promotion or Coupon intended by ALSAIF to be used once-off by you, to blacklist you on its database (including suspending or terminating your Account and access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and ALSAIF, in whole or in part, on notice to you. ALSAIF shall only be liable to refund monies already paid by you (see ALSAIF’s Return and Replacement Policy and Refund Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
COMPLAINTS
If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via the various communication channels provided.
If we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, or if we are unable to resolve your complaint to your satisfaction (after the 15-business day period), you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint.
The CGSO’s contact details are:
GOVERNING LAW AND JURISDICTION
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and ALSAIF, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, Johannesburg Division, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing contained within the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
NOTICES
ALSAIF hereby selects 8A Keyes Avenue, Rosebank, Gauteng, 2196 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). ALSAIF may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving ALSAIF not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent:
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
GENERAL
ALSAIF may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or ALSAIF to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and ALSAIF, and no other warranty or undertaking is valid, unless contained in this document between the parties.
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