Introduction
Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
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 Precision Locksmiths 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 Precision Locksmiths in terms of the CPA.
Precision Locksmiths permits the use of this Website subject to the Terms and Conditions. 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.
Use of the website
You agree and warrant that your username and password shall:
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Precision Locksmiths may accept or reject. Whether or not Precision Locksmiths 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 Precision Locksmiths for the Goods.
NOTE: Precision Locksmiths will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Precision Locksmiths come into effect (the “Sale”). This is regardless of any communication from Precision Locksmiths stating that your order or payment has been confirmed. Precision Locksmiths will indicate the rejection of your order (by Precision Locksmiths) by cancelling it and, as soon as possible thereafter, crediting your account/cart.
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.
Placing Goods in a wishlist 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 Precision Locksmiths liable if such Goods are not available or are not available at the particular 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 notice to you. In the case of Goods for sale by Precision Locksmiths, Precision Locksmiths 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, Precision Locksmiths will notify you and advise the best substitute to use.
Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
You may contact us directly to obtain a full record of your payment. We will also send you email communications about your order and payment.
Once you have selected your payment you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Gift Vouchers and Coupons T&Cs
Precision may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Precision Services and/or products. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
Gift Vouchers
Coupons
RETURNS AND CANCELLATIONS
Where you have used a Fixed Coupon to pay for an order, and you or Precision Locksmiths later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account/cart for the balance. For any subsequent cancellations or returns arising out of the same order, we will credit your account/cart as normal with the value of the returned product.
Where you have used a Percentage Coupon to pay for an order, and you or Precision Locksmiths later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account/cart for the balance. For any subsequent cancellations or returns arising out of the same order, we will credit your account/cart as normal with the value of the returned product.
Where you have used a Gift Voucher to pay for an order, and you or Precision Locksmiths later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, we will credit your account
Delivery of goods
Precision Locksmiths offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
For more information about delivery, our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
Where it accepts your order, Precision Locksmiths will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“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.
Precision Locksmiths 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. Precision Locksmiths is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
Privacy policy
Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Subject to clause below, we will not, without your express consent:
To contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Precision Locksmiths is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
Ratings and Reviews
When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
We will –
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Precision Locksmiths undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Precision Locksmiths, Precision Locksmiths SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies.
Linking to third party websites
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Precision Locksmiths is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Errors
We 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 Returns Policy.
Precision Locksmiths shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
Changes to these Terms and Conditions
Precision Locksmiths may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Precision Locksmiths, its advertisers and/or sponsors and/or is licensed to Precision Locksmiths
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us directly.
Where any of the Website Content has been licensed to Precision Locksmiths or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party 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 Precision Locksmiths takes reasonable measures to ensure that the content of the Website is accurate and complete, Precision Locksmiths 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 Precision Locksmiths representatives, Precision Locksmiths shall not be bound thereby.
Precision Locksmiths disclaims liability for any damage, loss or expenses, 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.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, 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 Precision Locksmiths, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Precision Locksmiths 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 Precision Locksmiths, its employees, agents or authorised representatives. Precision Locksmiths 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.
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.
Precision Locksmiths may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Precision Locksmiths 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 access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Precision Locksmiths is entitled, 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 promotion or Coupon intended by Precision Locksmiths to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Precision Locksmiths, in whole or in part, on notice to you.
At any time, you can choose to stop using the Website, with or without notice to Precision Locksmiths
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 Precision Locksmiths, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Notices
Precision Locksmiths hereby selects 68 Voortrekker Road Bellville, Cape Town, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Precision Locksmiths 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 Precision Locksmiths 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 –
Complaints
We are a participant under the Consumer Goods and Services Industry Code and are bound by it. 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 email to alan@precisionlocksmiths.co.za or telephonically on 021 948 3907
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za
Information
For the purposes of the ECT Act, Precision Locksmiths information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
General
Precision Locksmiths 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.
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 Precision Locksmiths and no other warranty or undertaking is valid, unless contained in this document between the parties.
Final Thought from The MD’s Office :
We have been delivering the best service possible to our customers since 1984, and strive to continue doing so every day. We are always open to any suggestions or comments on how we could improve or better our services and look forward to hearing from you – the good or the bad, any and all suggestions/complaints can be forwarded to Alan MacKinnon directly. We are excited and looking forward to bring our Store…to your door.
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