Online Purchase Terms and Conditions

 

1                 Introduction

• The Online Purchase Terms and Conditions (“these terms and conditions”) govern the ordering and / or purchasing and delivering of Goods by Aberdare Cables (Pty) Limited (“Aberdare”), or any other affiliated Third Party Seller, as they appear on the website. Accordingly, on this website you will be able to browse, select and order Goods (“online purchase(ing)”) as advertised on the condition that such Goods are available and not sold out.
• Aberdare’s delivery policy, returns policy, and privacy policy form part of these terms and conditions.
• When you:

1.3.1 use this website; and/or

1.3.2 make an online purchase,

you agree that these terms and conditions are binding and enforceable on you.

• You acknowledge that you have read and / or sought legal advice where or / if necessary, and irrevocably agree to be bound by, and to comply with, these terms and conditions and any further terms and conditions that Aberdare may prescribe from time to time.
• Through this website you will be able to make an online purchase order for all ranges of Goods sold by Aberdare and / or Third Party Sellers.
• Should you disagree with these terms and conditions, you must refrain from accessing the website, using our services or purchasing Goods through this website.
• If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these terms and conditions before purchasing any products or services.
• In order to make an online purchase you are required to register your details here and create an account.

1.8.1 You agree and warrant that your username and password (“login details”) shall be used for your personal use only and not to be disclosed by you to any third party.

1.8.2 You agree to enter the correct login details whenever making an online purchase.

1.8.3 You agree that once the correct login details relating to your account have been entered, irrespective of whether the use of the login details is unauthorised or fraudulent, you will be liable for payment of any online purchase order. You agree to keep your login details private as Aberdare accepts no liability for any damages suffered or losses incurred from the unauthorised or fraudulent use of your account.

1.8.4 You agree to notify Aberdare immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your login details and to take steps to mitigate any resultant loss or harm.

1.9  Any of the personal information collected will be held and used by us in accordance with our privacy policy outlined herein below.

 

• Consumer Protection Act, 68 of 2008 (“CPA”)
  • These terms and conditions apply to all users, including but not limited to users who are “consumers” as defined in the CPA.
  • These terms and conditions contain provisions that appear in similar text and style as this clause and which:

2.2.1 may limit the risk or liability of Aberdare; and/or

2.2.2 may create risk or liability for you; and/or

2.2.3 may compel you to indemnify Aberdare; and/or

2.2.4 serves as an acknowledgment by you of a fact.

2.3  Your attention is deliberately drawn to these terms and conditions because they are important and should be carefully noted.

2.4 If there is any provision in these terms and conditions that you do not understand, it is your responsibility to have the relevant provision/s explained to you (you can send your enquiry to info@aberdare.co.za before you accept these terms and conditions, and/or make an online purchase, and/or continue using this website. These terms and conditions are not intended, nor must they be understood, to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Aberdare in terms of the CPA.

 

3                 Making an Online Purchase Orders and Stock Availability

3.1  Aberdare reserves the right to accept or reject online purchase orders that you make. Aberdare accepts the online purchase order that you make on condition of the availability of Goods, correctness of information relating to the Goods (including, but without limitation, the price) and receipt of payment by Aberdare for the goods.

3.2 Any order placed through the website is an offer by you to purchase the particular Good for the price advertised (including the delivery and other charges) at the time you place the online purchase order. Aberdare may either accept or reject your offer (in whole or in part) for any reason. Upon acceptance by Aberdare of your offer, a binding contract of sale upon the terms set forth in these terms and conditions shall be deemed to be concluded in respect of the Goods that Aberdare has agreed to supply to you. Each online purchase order that is accepted by Aberdare shall constitute a separate and distinct contract of sale in respect of the Goods forming the subject of such online purchase order. If we reject an online purchase order (in whole or part thereof) placed through the website, then we will endeavour to notify you of that rejection at the time you place the online purchase order or within a reasonable time after you complete your online purchase order cycle. Aberdare will communicate its rejection of your online purchase order by cancelling it and, within 30 days thereafter, refunding you for any amounts already paid.

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3.4  Goods placed in a wish list or shopping cart/basket without completing the necessary online purchase cycle does not constitute an online purchase order for such Goods, and as such, Goods may be removed from the shopping cart/basket if stock is no longer available or the price thereof might change without notice to you. Aberdare shall not be liable if such Goods are no longer available or are no longer available at the particular price when you complete or attempt to complete the online purchase cycle at a later stage.

3.5  You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Aberdare, Aberdare 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, Aberdare cannot guarantee the availability of stock. When Goods are no longer available after placing an online purchase order, Aberdare will notify you and you will be entitled to a refund of the amount paid by you for such Goods. In the case of Goods for sale by a Third Party Seller, Aberdare relies on inventory information supplied by the relevant Third Party Seller and Aberdare accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these terms and conditions.

3.6  Aberdare reserves the right to discontinue or change specifications of Goods from time to time without notice to you. However, specifications of a particular Good will not be changed after your online purchase order confirmation and before delivery of the Good to you.

 

4                 Payment

4.1  All prices shown for Goods on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. The prices shown for Goods on the website do not include further costs such as Value Added Tax (“VAT”), our handling / administration fee, or delivery costs – which costs shall be quoted separately upon check out or completion of the online purchase cycle.

4.2  All online purchase orders of Goods shall be automatically charged to your online account with Aberdare and payment will be required in order to complete the online purchase cycle.

 

5                 Delivery of Goods

5.1  Aberdare shall deliver the Goods to you at your nominated address. Offloading charges are excluded and any such charges will be for your account.

5.2  The Goods are delivered by  road, which is Aberdare’s sole and absolute discretion. For the purposes of this clause, the applicable railway authority or road carrier, as the case may be, shall be deemed to be your agent. As such, delivery shall be deemed to have been effected to you when the goods are handed to the relevant transport carrier. The onus of proving non-delivery shall rest on you.

5.3  Goods will be delivered to you as soon as reasonably possible. You will be informed if we are unable to deliver Goods to you due to circumstances which are beyond our control. In the event of late deliveries (for any reason whatsoever and howsoever arising) Aberdare shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such late delivery. You accordingly indemnify and hold harmless Aberdare for claims, whatsoever and howsoever arising, from the late delivery.

5.4  A signature on the delivery note by you or by your representative (including, but not limited to the transport carrier) shall be regarded as acceptance by you that the Goods reflected in such delivery note have been properly and completely delivered.

5.5  All risk of loss in and to the Goods shall pass to you on delivery of Goods.

5.6  Without derogating from the generality of the abovementioned, Aberdare’s Delivery Policy (“the delivery policy”) stipulates the following:

5.6.1 This delivery policy applies to online purchase orders.

5.6.2 Delivery Address

5.6.2.1   Aberdare delivers Goods only within the Republic of South Africa between Monday to Friday on business days and only during working hours (ie: between 08:00 – 17:00).

5.6.2.2   On check out, and / or on completion of the online purchase cycle you will need to confirm the physical address and area code within South Africa where you require delivery, as well as contact numbers to be used in connection with the delivery.

5.6.2.3   Aberdare does not deliver Goods to postal addresses.

5.6.2.4   The transport carrier will attempt to deliver the Goods to the delivery address nominated by you during the online purchase cycle. In the event that there is nobody available to accept the delivery of the Goods at such address on the transport carrier’s first attempt at a delivery, the Goods will be returned to Aberdare and you shall be responsible to arrange for the collection of the Goods and to refund Aberdare the wasted courier costs (if applicable).

5.6.3 Shipping rates & delivery estimates

5.6.3.1   All online purchase orders placed during the calendar week (Monday-Friday) with no public holiday interference should be received within five business days after the online purchase order cycle has been completed and payment is confirmed. Depending on your location, delivery may occur sooner. This is subject to stock availability. Should stock not be available, production lead times will be applicable and indicated online.

5.6.3.2   In the event that Aberdare experiences a high volume of online purchase orders, shipments may be delayed by a few days. Accordingly please allow additional days in transit for delivery. Should your online purchase order be delayed in excess of 7 (seven) business days, Aberdare shall contact you via email or telephone.

5.6.3.3   Shipping charges for your online purchase order will be calculated and displayed at checkout and / or at completion of your online purchase cycle.

5.6.3.4   Delivery delays can occasionally occur.

5.6.4 Shipment confirmation & Order tracking

You will receive a Shipment Confirmation email once your online purchase order has been shipped containing your tracking number(s). The tracking number will be active within 24 hours.

5.6.5 Product Availability

All products displayed on our website are subject to availability.

5.6.6 Damaged Goods on Delivery or Lost Goods

Should Goods be damaged or missing any parts or accessories at the time of delivery you must please notify Aberdare, through the Aberdare’s returns policy as stipulated herein below, within2 (two) days of such delivery / collection. Aberdare shall arrange to collect the Goods from you at no charge. Once Aberdare has inspected the Goods and validated the return, Aberdare shall, at your discretion, repair / replace the Goods as soon as possible (if such repair / replacement is possible) or credit your account with the purchase price of the Goods (or refund you if that is your preference).

5.7  These terms and conditions are in no way intended to deprive you, if you are a “consumer” as defined by the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) of your right to cancel an agreement for the supply of Goods within seven days after the date of receipt of the goods, subject to a handling fee/the reasonable cost of returning the Goods, which will be off-set against the refunded purchase price.

 

6                 Errors

While Aberdare makes all reasonable effort to accurately reflect the description, availability, purchase price and delivery charges of Goods on the website – should there be any error of whatsoever nature on the website, Aberdare shall not be liable for any loss, claim or expense relating to a transaction based on such 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 returns policy.

7                 Discounted Goods

7.1  There are limited quantities of Discounted Goods (which will be referred to as “a Deal”) and as such after a Deal is sold out, those particular Goods may be available on the website at their normal selling prices, thus no longer as a Deal.

7.2  Aberdare does not guarantee a specific saving. The extension of a Deal or discount is at the sole discretion of Aberdare.

7.3  Adding a Deal to your cart/basket or completing your online purchase cycle for a Deal without paying for it does not reserve the Good for you. Unless Aberdare receives payment from you at the time of making your online purchase order for a Deal, Aberdare will cancel you online purchase order.

7.4  The original price on a Deal and other discounted Goods are the recommended retail price given to Aberdare by its suppliers at the time the Goods are listed. Once particular Goods are no longer available as a Deal or at a discounted price, the selling price on the website may be different from the original price of a Deal or discounted Goods.

7.5  By purchasing a Deal, you are also automatically opting in for our Deal Promotion Notifications as well as our general newsletter (you may opt-out of these newsletters and Notifications at any time by following the details on our privacy policy). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.

8                 Refunds, Returns and Exchanges

8.1  Aberdare’s Refunds, Returns and Exchanges Policy (“the returns policy”) stipulates the following:

8.1.1 This returns policy applies to online purchase orders.

8.1.2 Goods sold on the website generally carry the applicable supplier or manufacturer or Third Party Seller’s warranties (if any). In circumstances where the Goods are not manufactured, or sold, by Aberdare, Aberdare’s liability shall in no circumstances extend beyond any corresponding liability of the manufacturer or supplier or Third Party Seller of such Goods.

8.1.3 Subject to the provisions of the CPA and / or any other applicable law, all Goods sold to you shall be regarded as having been sold as is, without warranty against latent defects.

8.1.4 The lifespan of Goods sold by Aberdare, which is indicated on Aberdare’s packaging from time to time, is an approximate estimate only and the warranty period relating to such Goods shall be the applicable period for the purposes of any claim by you.

8.1.5 You shall be entitled to return Goods to Aberdare where you are legally entitled to do so under the provisions of the CPA or the ECTA.

8.1.6 If a refund has been authorised and processed, kindly allow up to 30 (thirty) days for the money to reflect in your bank account.

8.1.7 Your Right to Return Goods in terms of ECTA:

8.1.7.1   In terms of section 44 of ECTA you have the right to cancel any electronic transaction for the supply of Goods within seven days after the date of receipt of the Goods and to obtain a full refund for those Goods within 30 days of the date of cancellation.

8.1.7.2   Where the Goods have already been delivered to you, you will be liable for the direct cost of returning the goods to us.

8.1.7.3   In order to obtain a refund, subject to any set-off in terms of 8.1.7.2 above, you are required to:

1. provide Aberdare, within 7 days of receiving the Goods, with your written notice of cancellation through the website and / or your account;
2. return the Goods to Aberdare, at your own cost. In the event that Aberdare arranges for the return of the Goods, the cost of such return, together with the handling charge (if any), shall be set off by Aberdare against the refund of the purchase price; and
3. ensure that the Goods returned are new, unused, in their original packaging, undamaged and in a saleable condition.

8.1.7.4   Aberdare reserves its right to refuse to accept the return of Goods if any of the conditions which are set out in 8.1.7.3 above are not complied with by you.

 

8.1.8 Your right to return Goods in terms of the CPA:

8.1.8.1   In terms of the CPA, all Goods sold to Consumers (as defined in the CPA) shall carry a 6 (six) month warranty against defects.

8.1.8.2   Accordingly, in the event that Goods which are sold to Users (who are “Consumers” for the purposes of the CPA) are found to be defective within 6 months from the date of delivery of the Goods to the User [or within such longer period as may apply in terms of an extended supplier warranty relating to the Good (if any)], the User shall be entitled to return the Goods to Aberdare and to demand the repair of the Goods or the replacement of the Goods or a refund of the price paid on the condition that:

1. the User informs Aberdare of the defect, through the website and / or their account, as soon as reasonably possible after the User becomes aware of the defect, but in any event within 6 months after delivery / collection of the Goods (except in the case of an extended supplier warranty, which is set out below);
2. the User, at its own expense, returns the Goods to Aberdare within the warranty period together with all accessories and parts that were sold with the defective item;
3. Aberdare is afforded the opportunity to inspect and / or test the Goods so as to validate the return. If it is determined that:

-      the Goods are indeed defective, Aberdare shall, inter alia, refund the User the delivery charges incurred for the return of the Goods;

-      the returned Goods are not defective, then a handling fee will be charged by Aberdare. Users will be notified of the aforesaid and asked how they want the Goods returned to them in this instance. On the day the User is notified, he/she will have fourteen days to inform Aberdare how they want the Goods returned to them. In the event of the User not reverting to Aberdare within the fourteen days, Aberdare shall dispose of the Goods and no credit will be issued.

8.1.8.3   The following shall not be regarded as “defects” in the Goods:

1. faults resulting from normal wear and tear;
2. damage arising from negligence, user abuse or incorrect usage of the Goods;
3. damage arising from electrical surges or sea air corrosion;
4. damage arising from a failure to adequately care for the Goods;
5. damage arising from unauthorized alterations to the Goods; and
6. where the specifications of the Goods, although accurately described on the website and generally fit for its intended purpose, does not suit you.

8.1.8.4   Where there is no extended supplier, and / or Third Party Seller, warranty period, Aberdare shall not agree to returns that fall outside of the 6 month period.

8.1.8.5   Extended Supplier, and / or Third Party Seller, Warranty (stipulated on product)

1. Goods may have a supplier, and / or Third Party Seller, warranty that extends beyond the 6 month Standard Warranty as prescribed by the CPA. If such Goods are found to be defective more than 6 months after delivery / collection, you shall notify Aberdare, through the website and / or your account, as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier, and / or Third Party Seller, warranty period after delivery / collection of the Goods.
2. Aberdare shall then facilitate your return of the Goods to the supplier, and / or Third Party Seller, at no charge. Unfortunately Aberdare cannot facilitate returns that fall outside of the extended supplier warranty period.
3. Please note that any extended supplier, and / or Third Party Seller, warranty is subject to whatever terms and conditions the supplier or manufacturer, and / or Third Party Seller, may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.
4. It is also important to note that it will be in the supplier or manufacturer’s, and / or Third Party Seller’s, discretion what remedy it can offer you. Aberdare is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer, and / or Third Party Seller.

8.1.9 Incorrect Goods delivered:

8.1.9.1   The onus rests on you to ensure that the Goods ordered are appropriate for their intended use and / or purpose.

8.1.9.2   In the event that incorrect Goods are delivered to you (ie: Goods that were not ordered by you), you shall immediately notify Aberdare, through the website, and / or your account, of the error. You shall not remove the Goods from their packaging or use the Goods in any way.

8.1.9.3   Aberdare shall arrange the collection of the incorrectly supplied Goods from you and shall deliver the correct Goods (as initially ordered by you) to you as quickly as reasonably possible.

8.1.9.4   Under no circumstances shall Aberdare be held liable for any damages, of any nature whatsoever, due to late or delayed deliveries of the Goods ordered by you. You agree to indemnify and hold Aberdare harmless against any claims, of whatsoever nature arising, brought against Aberdare for late or delayed deliveries of Goods ordered by you.

 

8.2  Aberdare’s Returns procedure on online purchase orders is as follows:

9                 Change of these terms and conditions

9.1  Aberdare reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, these terms and conditions. Such amendments shall supersede and replace any previous terms and conditions and shall be made available on the website. Each time you access the website and/or use the services, you shall be deemed to have consented, by such access and/or use, to the terms and conditions, as amended and/or replaced by Aberdare from time to time. It is your responsibility to regularly check these terms and conditions and make sure that you are satisfied with the changes if you are not satisfied with the amended terms and conditions, you should refrain from using the website and placing online purchase orders.

 

10               Electronic Communications

When you visit the website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy.       

 

11               Usage restrictions

You hereby agree that you shall not, nor through a third party:

11.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the website for any reason and in any manner, unless it is consistent with the intent and purpose of these terms and conditions;

11.2 decompile, disassemble or reverse engineer any portion of the website;

11.3 write and/or develop any derivative of the website or any other software program based on the website;

11.4  modify or enhance the website. In the event that you effect any modifications or enhancements to the website in breach of this clause, such modifications and enhancements shall be the property of Aberdare;

11.5 without Aberdare’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the website by persons other than yourself;

11.6  remove any identification, trademark, copyright or other notices from the website;

11.7  post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or

11.8  notwithstanding anything contained to the contrary in these terms and conditions, use the website for any purpose other than personal, non-commercial and information purposes.

 

12               Disclaimer

12.1You use the website 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.

12.2Aberdare may use the services of third parties to provide information on the website. Aberdare has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided “as is” and that Aberdare shall not be liable for any losses or damages that may arise from your reliance on it, howsoever these may arise.

12.3Without derogating from the generality of the abovementioned:

12.3.1 Aberdare does not give a warranty that the website will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality;

12.3.2 Aberdare does not give a warranty that any files, downloads or applications available on this website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operations of your computer system. 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 Aberdare, its employees, agents or authorised representatives. You thus indemnify and hold Aberdare harmless against all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website;

12.3.3 Apart from any express warranties on the Goods sold over the website, Aberdare does not give a warranty on the products sold over this website save for those contemplated in section 55 of the CPA, and only if you are a “consumer” as envisaged by the CPA.

12.4 Your special attention is drawn to the following:

12.4.1 You agree that your use of the Goods made available on the website is at your own risk. If you do not follow the instructions on the Goods you may be endangering your life and there is a possibility of injury, fires or electric shocks.

12.4.2 You are advised to carefully consider and follow warnings and instructions on the Goods.

12.4.3 You shall be obliged to, and warrant that you will, ensure that a qualified technician and/or electrician installs all Goods purchased from the website which require installation by such qualified person. Should you fail to comply with this obligation, you indemnify and hold Aberdare harmless from any liability whatsoever nature arising from the online purchase of the Goods.

12.4.4 You agree that you do not rely, in any manner, on any representations on the website in your decision to purchase the Goods. You agree that Aberdare shall not be held liable for any damage caused by any Goods purchased from the website, whether such damage is direct or consequential or whether it arises out of the negligence of Aberdare or out of any other cause.

12.5 Reasonable measures are taken to ensure that the contents of the website are accurate and complete. However, Aberdare makes no representations or warranties, whether express or implied, as to the quality, timelines, operation, integrity, availability or functionality of the website or as to the accuracy, completeness or reliability of any information on the website. Before placing any reliance on the data and information provided on the website, you agree that you will take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from the website. Without derogating from the generality of the aforesaid, the website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on the website prior to placing reliance on it. Changes are periodically made to the information on the website and these changes will be incorporated into new editions of the website.

12.6  Aberdare disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the website and/ or any content therein unless otherwise provided by law.

12.7  Although Goods sold from the website may, under certain specifically defined circumstances, be under warranty, the website itself and all the information provided thereon is provided on an “as is” basis 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.

12.8  Any views or statements made or expressed on the website are not necessarily those of Aberdare, its directors, employees and / or agents.

 

13               Risk, Limitation of Liability and Indemnity

13.1  You use of this website, the information contained therein, the purchase of Goods therefrom, entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.

13.2  The transmission of information via the internet, including without limitation electronic mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Aberdare be liable for any loss, harm, or damage suffered by you as a result thereof. Aberdare reserves the right to request independent verification of any information transmitted via electronic mail and you consent to such verification should Aberdare deem it necessary

13.3  To the extent it is permissible by law:

13.3.1 Aberdare cannot be held liable for any inaccurate information published on the website and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or wilful misconduct of Aberdare, its employees, agents or authorised representatives. Should you intend to report any possible malfunctions or errors on the website, we encourage you to contact us by email oninfo@aberdare.co.za or by telephone on (011) 396 8000.

13.3.2 Neither Aberdare, its affiliates, shareholders, agents, consultants or employees shall be held liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the reliance of, use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Aberdare knows or should reasonably have known or is expressly advised thereof. YOU ACCORDINGLY INDEMNIFY AND HOLD ABERDARE HARMLESS 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.

13.3.3 Aberdare’s liability for faulty execution of the website as well as all damages suffered by you, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Aberdare rectifying the malfunction, within a reasonable time and free of charge, provided that Aberdare is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if you attempt to correct or allow third parties to correct or attempt to correct the website without Aberdare’s prior written approval. However in no event shall Aberdare be liable to you for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

13.3.4 You hereby unconditionally and irrevocably indemnify Aberdare and agree to hold Aberdare harmless from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Aberdare or instituted against Aberdare as a direct or indirect result of:

13.3.4.1 your use of the website;

13.3.4.2 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Aberdare;

13.3.4.3 your failure to comply with any of the terms and conditions or any other requirements which Aberdare may impose from time to time;

13.3.4.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or

13.3.4.5 any unavailability of, or interruption in, the service which is beyond the control of Aberdare.

 

14               Availability and termination

14.1  Aberdare will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and reserves the right to discontinue providing the website or any part thereof with or without notice to you.

14.2  Aberdare may, in its sole discretion, terminate, suspend and modify this website, with or without notice to you. You agree that Aberdare will not be liable to you in the event that it chooses to suspend, modify or terminate this website other than for processing of any online purchase orders made by you prior to such a time, to the extent possible.

14.3  If you fail to comply with your obligations under these terms and conditions, including any incident involving payment of the price of an online purchase order for any Good, this may (in our sole discretion, with or without notice to you) lead to a suspension and/or termination of your access to the website without any prejudice to any claims for damages or otherwise that we may have against you.

14.4  Aberdare reserves the right to terminate your online purchase account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these terms and conditions or if we believe the information provided by you is untrue, inaccurate or incomplete.

14.5 Aberdare reserves the right, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the website and/or have created multiple user profiles to take advantage of a Deal intended by Aberdare to be used once-off by you, to blacklist you off its database (including suspending or terminating your access to the website), refuse to accept or process payment on any online purchase order, and/or to cancel any order concluded between you and Aberdare, in whole or in part, on notice to you. Aberdare shall only be liable to refund monies already paid by you in terms of the returns policy stipulated above, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any online purchase order.

15               Governing law and dispute resolution

15.1  These terms and conditions and our relationship and/or any dispute 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. By using this website you consent to the exclusive jurisdiction of the High Court and/or Arbitration Forums of the Republic of South Africa in respect of any dispute arising in connection with this website and/or your use of it or any Goods obtained through it or information or other contents on it. The purpose of this clause is to make South African law apply and to give South African courts and Arbitration Forums jurisdiction if you are based outside of South Africa.

15.2  Any dispute in relation to the interpretation of or the effect of or the parties’ respective rights and obligations under or a breach of or in regard to any matter dealt with by or arising out of the provisions of these terms and conditions at any time arising between the parties, shall be decided by arbitration, at the instance of the aggrieved party, in the manner set out in this clause.

15.3  Arbitration shall be held subject to the provisions of this paragraph:

15.3.1 The venue of the Arbitration shall be situated in Johannesburg, Republic of South Africa at the election of the party calling for the Arbitration;

15.3.2  In accordance with the rules issued by the Arbitration Foundation of the Republic of South Africa;

15.3.3  The arbitrator shall be if the question in issue is:

15.3.3.1 primarily an accounting matter, an independent chartered accountant of not less than 15 (fifteen) years standing agreed upon between the parties as such, or appointed by the President for the time being of the Gauteng branch of the South African Institute of Chartered Accountants;

15.3.3.2 primarily a legal matter, a practising advocate of not less than 15 (fifteen) years standing agreed upon between the parties as such, or appointed by the President for the time being of the Gauteng Society of Advocates, failing which, the Chairman of the Association of Arbitrators of South Africa;

15.3.3.3 any other matter, an independent person agreed upon between the parties and failing agreement as may be appointed by the Chairman of the Association of Arbitrators of South Africa.

16               Notices

16.1  Aberdare hereby selects _______________________________________ as its address for the service of all formal notices and legal processes in connection with these terms and conditions. Aberdare may change this address from time to time by updating these terms and conditions.

16.2 You hereby select the delivery address specified with your online purchase order as your address for service of all formal notices and legal processes in connection with these terms and conditions, but you may change it to any other physical address by giving Aberdare not less than 7 days’ notice in writing.

16.3 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

16.3.1 by hand will be deemed to have been received on the date of delivery;

16.3.2  by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

16.3.3  by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and

16.3.4  by email will be deemed to have been received 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.

17               Aberdare’s privacy and cookie policy

17.1  This clause provides details about our Privacy and Cookie Policy, which Policy forms part of these terms and conditions. Aberdare takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.

17.2  Personal information when used in this policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.

17.3  Your use of this website signifies your consent to us collecting and using your personal information as specified below. You may withdraw your consent for the collection or processing of your personal information, or amend, check or correct such collected personal information, or opt-out of the Deal Promotions Notifications by contacting us by email on ____________ and completing the necessary instructions.

17.4  How we collect information about you:

We collect your personal information when you, for instance:

17.4.1 are communicating with us such as when we respond to your inquiries and requests, or obtain feedback from you about the Goods on the website;

17.4.2 insert your personal information in order to make an online purchase order. In such instances you create an account with us and we process your online purchase orders and payment transactions, perform administrative and business functions, market our Goods to you, and when you register for our events, workshops and seminars or subscribe to our mailing lists and newsletters;

17.4.3 enter a competition or participate in a promotion;

17.4.4 are asked for your name, address and e-mail address and any other relevant information about you necessary in order to complete the online purchase order;

17.4.5  call us, we may monitor or record your calls in order to better address your service needs; or

17.4.6  connect to the Internet using our services, we will collect your Calling Line Identification Number (CLI).

17.5  How we use your information:

We use your information:

17.5.1 to ensure and confirm that your online purchase order has been received by you;

17.5.2 to validate you as a customer when using our website and calling our offices;

17.5.3 to prevent and detect criminal activity, fraud and misuse of or damage to our website or networks;

17.5.4 to prosecute those responsible for criminal activity, fraud and misuse of or damage to our website or networks;

17.5.5 to contact you to invite you to form part of our consumer panel or various research groups; or

17.5.6  for purposes of management, research, analysis, corporate reporting, credit scoring, affordability assessment, and improving business efficiencies.

17.6  How long do we keep your information for?:

The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.

17.7  Disclosing your information to third parties:

We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you. We also provide your personal information to transport couriers in order to ensure the delivery of your online purchase order.

17.8  When and where do we use cookies?:

We allocate cookies during the registration process for our website and your account. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require.

We use cookies to assist us with activities such as:

• enabling you to sign in to our account;
• authenticating you;
• keeping track of information you have provided to us;
• improving your browsing experience;
• customising our interactions with you;
• storing and managing your preferences and settings;
• analysing the performance and usability of our website;
• measuring traffic patterns for our website; and
• determining which areas of our website have been visited.

Cookies collect information that your browser sends to our website including your browser type, information about your IP address (a unique identifier assigned to your computer or device which allows your computer hardware/software or device to communicate over the Internet), together with the date, time and duration of your visit, the pages you view and the links you click.

Our website may also contain web beacons or similar technologies from third party analytics providers, through which they collect information about your activities across our website to help us compile aggregated statistics.

17.9  How can you refuse or opt-out of cookies?:

Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.

17.10  How can you manage your privacy preferences?:

If you would like Aberdare to stop processing your information for marketing purposes, please write to us at the address set out below.

 

18               Miscellaneous

18.1  For the purposes of ECTA Aberdare’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

18.1.1  Full name: Aberdare Cables (Pty) Limited, a private company registered in South Africa with registration number 1946/022805.

18.1.2  Main business: Electrical Products Manufacturer, Distributor & Online Distributor

18.1.3  Physical address for receipt of legal service: 181A Barbara Road (marked for attention: Managing Director)

18.1.5  Phone number: 011 396 8189

18.1.6  Official email address: info@aberdare.co.za

18.1.7  PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here to PAIA manual.

18.2  If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

18.3  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.

18.4  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.

18.5  These terms and conditions contain the whole agreement between you and Aberdare and no other warranty or undertaking is valid, unless contained in these terms and conditions, or other terms and conditions contained on the website. In instances where there is a conflict between other terms and conditions on the website and these terms and conditions, these terms and conditions will take priority.

18.6 If there is anything in these terms and conditions that you do not understand then please contact us as soon as possible on our contact details as contained above. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.

18.7  Aberdare may provide links to third party websites on the website. These links are provided to the user for convenience purposes only and Aberdare does not endorse, nor does the inclusion of any link imply Aberdare’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.

18.8  While Aberdare tries to provide links only to reputable websites or online partners, Aberdare cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Aberdare. Aberdare is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the website.

18.9 You agree that Aberdare shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the website, are solely between you and the third party website.

18.1 In order to ensure the security and reliable operation of the services to all website users, Aberdare hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

18.11 You may not utilise the website in any manner which may compromise the security of Aberdare’s networks or tamper with the website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Aberdare suffer any damage or loss, civil damages shall be claimed by Aberdare against such a person.

18.12Any user who commits any of the offences detailed in Chapter 13 of the ECTA [specifically sections 85 to 88 (inclusive)] shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Aberdare and its affiliates, agents and/or partners.

19               Specifications

19.1  The products offered are designed to the minimum stipulated requirements of the required specification and any change of the design or construction will result in a re-quote before acceptance of an order. We have a +1/5% manufacturing tolerance on all cables manufactured and supplied.

20               Force Majeure

20.1  Aberdare shall not be responsible for non-delivery of goods and/or for delays in delivery occasioned by Force Majeure. These acts may include acts of God, strikes, transport delays, riots, civil commotion, transport breakdowns, restrictions or prohibitions imposed by Government, war, trade disputes, fires, floods, breakdown of plant and machinery, breakdowns of means of delivery, difficulties with the supply of raw material and without anyway limiting the foregoing, by any other course beyond the seller’s control.

21               Shutdown Delivery

21.1  Factories are closed for the annual shutdown during December and January and accordingly a further four (4) weeks should be added to the stipulated delivery period should this delivery period fall within the annual shutdown.