STANDARD TERMS AND CONDITIONS OF SALE (BMX DIRECT SOUTH AFRICA)
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Terms and Conditions
Website Terms and Conditions of Use Relating to bmxdirect.net or bmxdirect.co.za
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the BMX Direct (“Provider”) website located at the domain name bmxdirect.net or bmxdirect.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website bmxdirect.net or bmxdirect.co.za sells BMX parts, accesories and bikes online. The use of any product bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
Cookies.
What is a cookie?
A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser, and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.
Why do we use cookies?
Our Website utilises first and third party cookies. This enables us to: a) Improve the User’s experience on our Website through various means such as storing preferences (like keeping a User logged in) or determining aggregate usage behavior (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics. b) Provide more relevant Display Advertising to Users who have visited the Website, using third party tools such as the Google Analytics Remarketing.
Cookie Opt out
Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because many of our Website’s features utilise cookies, we recommend that Users do not block them.
Delivery policy
Subject to stock availability with suppliers and receipt of payment, requests will be processed within 7 working days and handed over to a courier company for delivery. An order of R1250 or more is shipped at no cost to the customer(not including wholesale or international customers). Otherwise a “Standard Flat rate” fee is charged to cover postage/delivery charges. For very remote areas not serviced by standard couriers The Provider will deliver via Post Office, or to the nearest town to the User that is accessible by our Courier services, within their normal routes. In these circumstances the Provider will be in contact with the User to arrange an alternative address.
The Provider will supply all goods to the delivery company in good order and will instruct that goods arrive at the User’s chosen delivery address in the same good order. BMX Direct and/or its employees cannot be held responsible for orders that are not delivered on time or in the unlikely event of non-delivery. Purchasing from BMX Direct either online or in-store means you agree to these Terms and Conditions.
Canceled orders on the e-commerce facility will be credited after deduction of a 15% charge for administration costs. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full credit with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to: Info @ BMX Direct . Net
Returns / Refund Policy
If on receiving your order you are not delighted with your purchase, let our sales guys know within 5 days and we will gladly look into the possibility of a replacement product or a credit towards your next purchase. (Please see our Refunds & Returns section)
If you have used a product and found it to be damaged or faulty the item would need to be returned to our office for inspection, we can then determine if a credit or repair to the item is possible, depending on the circumstance.
We reserve the right to charge a 15% administration fee for returned orders should the returns process incur significant administration expenses.
Export restriction
The offering on this website is available to South African clients and delivery addresses only, unless special arrangement is made before placing an order.
Payment Options
Payment may be made via Visa or Master Card, MasterCard credit cards or by bank transfer into the the Provider’s bank account, the details of which will be provided after checkout.
Deposits paid for incoming orders
Payments or deposits made towards or to secure incoming goods are non refundable. We reserve the right to hold deposits or payments till the full amount is settled on any or all outstanding orders.
Credit card acquiring and security
Credit card transactions will be acquired for the Provider via our prefered Credit Card Merchant PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by the Provider separately from card details which are entered by the client on the secure site. For more detail on PayGate refer to www.paygate.co.za
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Responsibility
The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Contact Information / Domcilium Citandi Et Executandi
This website is run by Mr Hankys Bike Shop CC based in South Africa trading as BMX Direct and with registration number: TBA.
If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:
A copy of the ECT Act is available at http://www.internet.org.za/ect_act.ht
1. Definitions
a. “The Company” shall refer to the company of BMX Direct and any division or subsidiary of BMX Direct.
b. “The Customer” shall refer to the party who has placed an order, whether verbal or written, with the Company, or to any party with whom the Company has entered into a contractual agreement as a result of the submission of any offer to purchase products from the Company, and shall also include any representative of the Customer.
c. “The Goods” shall refer to the products supplied, or to be supplied, by the Company to the Customer in accordance with the Agreement, and shall include products that are to be supplied in accordance with the specifications of the Customer.
d. “The Agreement” shall refer to the terms and conditions of the sale of the Goods by the Company to the Customer.
2. General
a. The terms and conditions as set out in this document shall apply to any Agreement in terms of which the Company accepts an order to sell any Goods to any Customer.
b. These terms and conditions shall apply, to the exclusion of any terms and conditions specified by any Customer; and no alteration to, or variation of these terms and conditions shall be of any force or effect unless recorded in writing and signed by the Company.
c. All orders shall be placed in writing, and such orders shall be irrevocable upon receipt by the Company; with the proviso that, at its sole discretion, the Company may accept verbal orders.
3. Prices and Payment
a. The price payable by the Customer for the Goods shall be the price as set out in the Online Catalog of the Company, which is available for view here: https://bmxdirect.net/online-store
b. In cases where the Goods are not specified in the standard price list of the Company, the price shall be as quoted by the Company to the Customer.
c. All prices quoted are inclusive of VAT. Delivery and all other charges will be specified in the Customers invoice which will be supplied by the Company.
d. The prices shall apply to any order in its entirety. In cases where only a portion of an order is collected or delivered, the Company reserves the right to increase the price proportionately in order to cover any fixed costs associated with such an order in its entirety.
e. Only written quotations shall be binding upon the Company, and such a quotation shall lapse if an order is not placed by the Customer within the period of validity of the quotation, or if such a period is not specified, within 30 days of the date of submission of such quotation.
f. The full price for the supply of the Goods, plus VAT and any other charges applicable to the order, shall be payable to the Company in advance. On the furnishment of satisfactory proof of payment by the Customer to the Company, the Goods will be posted to the Customer by the Company.
g. Payment shall be made without deduction or offset of any kind and shall be made at the address indicated on the invoice, or paid directly into the specified bank account of the Company.
h. Payment details, reflecting each individual invoice number and the relevant amount paid, shall be submitted together with the payment, or in the event of a direct deposit, shall be faxed to the Company at the fax number specified on the invoice.
i. We reserve the right to cancel online orders that are not completed within 7-14 days.
j. We reserve the right to credit customer orders that are placed either telephonic-ally, via email or online, if the customer order is paid on completion but stock is not available we may offer a refund or a credit to the value that has been paid to our account.
4. Delivery, Risk and Ownership
a. The Goods will become available for delivery ex warehouse on the date specified in the order, or any other date as indicated to the Customer by the Company.
b. Delivery of the Goods shall be taken by the Customer on the date as specified in terms of subclause a above. Failure on the part of the Customer to take delivery on the date so specified shall entitle the Company to store the Goods at the risk and cost of the Customer until such time as delivery is effected.
c. Delivery shall be effected, and the risks in respect thereof shall be passed to the Customer, when the Goods, or any portion thereof, are loaded by the Customer on the premises of the Company, or when such Goods are loaded by the Company for delivery to the Customer.
d. The company cannot be held accountable for any damages to the Goods that may arise in transit or during offloading after delivery ex warehouse; and the risk in respect of any such damages shall be carried by the Customer.
e. Any time or date indicated for delivery is intended to be an estimate only. Under no circumstances whatsoever shall the Company be liable for any loss of profit, or any consequential damages incurred by the Customer, arising from the Company’s failure to deliver timeously or at all. Any indication regarding the envisaged date of delivery of the Goods shall be regarded as an approximation only; and the Company shall not be liable for any delay in the delivery of the Goods, however caused. The time of delivery shall not comprise an essential part of the Agreement, unless such a time has previously been agreed upon by the Company in writing. The Goods may be delivered by the Company prior to the quoted delivery date, subject to the provision of reasonable notice to the Customer in this regard.
f. Late or partial deliveries shall in no way invalidate the Agreement; and the Customer shall accept such deliveries when so tendered.
g. All Goods delivered in terms of this Agreement shall remain the property of the Company until payment in full has been received from the Customer. In the event of default by the Customer, the Company shall be entitled to take possession of the Goods without prejudice to any further rights that the Company may have in terms of law, or in terms of this Agreement.
5. Liability and Indemnity
a. While the Company acknowledges that the Goods shall be supplied in accordance with the specifications of the Purchaser, the Company shall not, under any circumstances whatsoever, be held accountable by the Customer, or any third party, for any liability arising from any loss of profit or consequential damage suffered by the Purchaser or third party as a result of any act or omission by the Company.
b. The Customer hereby indemnifies the Company, as well as its directors, employees and agents, against any loss or damage resulting from any claim against the Company and/or its directors, employees or agents by any person or entity in respect of any loss, damage, death or injury arising from the Goods and/or their use for any purpose.
6. Whole Agreement
a. This Agreement constitutes the whole of the Agreement between the Customer and the Company relating to the Goods; and except as otherwise provided for herein, no amendment, alteration, addition, deletion or variation shall be of any force or effect unless committed to writing and signed by the parties to this Agreement.
b. The parties agree that no other terms and conditions, whether oral or written and whether express or implied, shall be applicable to this Agreement.
c. Save for any warranties given in terms of this Agreement, and any other written warranties given to the Customer at the discretion of the Company, the Company shall not be obliged to offer any warranties or make any representations in respect of the Goods or their use for any purpose.
7. Domicilium
The Customer chooses the address specified on the order – or, where no address is specified, the delivery address – as the “domicilium citandi et executandi” for all purposes arising out of this Agreement. The Company chooses 62 High Rd, Brentwood Park, Benoni, 1509, South Africa as its “domicilium citandi et executandi”. All invoices, documents and legal process documentation may be served at the mentioned addresses; and in the event of any change to either of these addresses, the changing party shall notify the other party, within 7 days of such change, by registered mail to the address of the latter party.
8. Applicable Law, Jurisdiction and Costs
a. This Agreement shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
b. The Customer hereby consents to the jurisdiction of the Magistrate’s Court in respect of any dispute or claim arising from the Agreement, notwithstanding the possibility that the value of such dispute or claim may otherwise be beyond the jurisdiction of that Court; with the proviso that this provision shall not preclude the Company, at its sole discretion, from instituting any action in the High Court of South Africa, where applicable, or any other Court of competent jurisdiction.
c. The Company shall be entitled to recover all costs and charges, of whatever nature, that may be incurred by the Company with a view to enforcing any of the provisions of the Agreement, including, but not limited to, all legal costs as between attorney and client, all collection commissions and tracing fees.
d. A certificate signed by a director of the Company, stating the amount due by the Customer to the Company at any time, shall comprise prima facie evidence of the amount owed by the Customer to the Company; and the facts stated therein shall be valid for the purposes of all legal proceedings against the Customer for the rectification of any indebtedness to the Company; and such certificate shall be sufficient to enable the Company to obtain a provisional sentence or summary judgment against the Customer in terms hereof, in any court of competent jurisdiction.
