PRO SPORT DIVERS
GENERAL TERMS AND CONDITIONS
Website Terms and Conditions of Supply
1. Scope of the Terms and Conditions
1.1. This page (together with the documents expressly referred to on it) tells you (Customer) information about us (PRO SPORT DIVERS) and the legal terms and conditions (Terms) on which PRO SPORT DIVERS supplies any of the products (Products) listed on the website www.prosportdivers.co.za (Website).
1.2. These Terms will apply to any contracts between PRO SPORT DIVERS and Customer for the sale of Products concluded via the Website (Contract) to the exclusion of any other terms that Customer seeks to impose or incorporate, or which may be implied by trade, custom, practice or course of dealing (except where PRO SPORT DIVERS has given its prior written consent). Any further correspondence between PRO SPORT DIVERS and Customer, will have no impact on the Terms of the contract.
1.3. To the extent there is any inconsistency between the provisions of these Terms and the provisions of any other documents issued byPRO SPORT DIVERS which are contained on the Website or otherwise made available to Customer, the provisions of these Terms shall prevail.
1.4. Customer should read these Terms carefully and make sure it understands them before ordering any Products from the Website. Please note that before placing an order, Customer will be asked to agree to these Terms. Customer should print a copy of these Terms for future reference.
1.5. PRO SPORT DIVERS may amend these Terms from time to time. Every time Customer wishes to order Products, it should check these Terms to ensure it understands the terms which will apply at that time. These Terms were most recently updated in September 2017.
2. Information about PRO SPORT DIVERS
2.1. PRO SPORT DIVERS operates the Website. PRO SPORT DIVERS is sole-proprietor business and is operating in Bloemfontein, Free State, South Africa.
2.2. To contact PRO SPORT DIVERS, please refer to the Contact Page .
3. How the Contract is formed betweenPRO SPORT DIVERS and Customer
3.1. For the steps Customer needs to take to place an order through the Website, Customer should refer to the Customer Information page
3.3. PRO SPORT DIVERS’s order process allows Customer to check and amend any errors before submitting an order. Customers should take the time to read and check all orders at each stage of the order process.
3.4. After Customer places a request for a purchase, Customer will receive an email confirmation from PRO SPORT DIVERS with a summary of the order. However, this does not mean that the order has been accepted. PRO SPORT DIVERS’s acceptance of the order will take place as described in condition 3.5.
3.5. The Contract between Customer andPRO SPORT DIVERS shall only be concluded after the email confirmation has been sent to the customer to confirm purchase as final & binding.
3.6. The application of the UN Sales Convention on the International Sale of Goods (CISG) shall not apply to the Contract.
4. Status of Customer
4.1. For the purposes of these Terms, Customer shall be deemed to be purchasing as a business if it enters into the Contract,and/or it is purchasing Products which are not of a type ordinarily supplied for private use or consumption.
4.2. If Customer is purchasing as a consumer:
4.2.1. Customer may only purchase Products from the Website if Customer is at least 18 years old; and
4.2.2. Customer has legal rights in relation to any Products that are faulty or not as described. Customer can obtain advice about their legal rights from the Free State Office of the Consumer Protector. Nothing in these Terms will affect these legal rights
4.3. If Customer is purchasing as a business:
4.3.1. Customer confirms it has the authority to enter into binding agreements with companies such as PRO SPORT DIVERS; and
4.3.2. Customer acknowledges and agrees that these Terms and any document expressly referred to in them constitute the entire agreement between PRO SPORT DIVERS and Customer. Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of PRO SPORT DIVERS which is not set out in these Terms or any document expressly referred to in them.
5. Content of the Order
5.1. PRO SPORT DIVERS completes all orders on the basis of the purchase of various Scuba Diving & Associated Gear & Scuba Diving Training Services, as requested by Customer. Customer must ensure it has read and understood its responsibilities contained in these Terms and which are set out in more detail on the Customer Information.
5.2. All purchases by Customers are done via sending a purchase request from our website to a specific Divisions' Electronic Mailing Address.
Customers must check the Sale Conditions, carefully against the Requirements before submitting a final purchasing request to PRO SPORT DIVERS.
5.3. PRO SPORT DIVERS reserves the right to refuse any orders and/or terminate any Contracts where the request contains defamatory, pornographic, fascist, radical content or any other material which is obscene, offensive, hateful or inflammatory.
5.4. After the Contract is formed, Customer shall only be entitled to make changes to the order provided Customer remains liable for any additional costs incurred by PRO SPORT DIVERS in making such changes.
6. Rights of revocation and exclusions to revocation in consumer contracts
6.1. Right of revocation for delivery of goods (single or multiple orders) not manufactured according to customer specifications and delivered in one (or more) consignments.
You have the right to revoke this contract within 7 days with giving reasons for consideration by PRO SPORT DIVERS.
The revocation period shall be 7 days from the day on which you or a third party nominated by you who is not the carrier took possession of the goods.
To exercise your right of revocation, you must inform us
PRO SPORT DIVERS
by means of a clear statement (e.g. a letter sent by email at firstname.lastname@example.org or contacting us on our website at www.prosportdivers.co.za/contactus.html)
regarding your decision to revoke this contract.
To observe the revocation period it shall be sufficient for you to send the notification of the exercising of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract anc accepted by PRO SPORT DIVERS , we shall refund you all payments that we have received from you, excluding delivery costs (without the exception of the additional costs arising from the fact that you chose a type of delivery other than the reasonable standard delivery offered by us), immediately and no later than within 14 days of the date on which we received the notice of revocation of this contract and accepted by PRO SPORT DIVERS. We shall effect this repayment by bank transfer only. Under no circumstances will you be charged any bank charges for this repayment. We may withhold the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
You must send back or transfer the goods immediately and in all cases no later than 14 days from the date on which you notify us of the revocation of this contract to the address mentioned above via our website or via electronic email. This deadline shall be considered met if you send the goods before the expiry of the period of 14 days. We shall not bear the costs of returning the goods. You shall pay for any diminished value of the goods only if this diminished value is attributable to your handling of the goods in any way other than what is necessary to ascertain the quality, nature and functioning of these.
Your right of revocation shall expire prematurely if at your express request we start the execution of the contract before the expiry of the revocation period.
6.2. Right of revocation for delivery of multiple goods not manufactured according to customer specifications and delivered in multiple consignments
6.3. If the products/ services are produced via the PRO SPORT DIVERS website according to customer specifications, no legal right of revocation shall exist. No contractual right of revocation is granted.
The right of revocation shall not exist for distance sales contracts
- for the supply of goods which are not prefabricated and the production of which is determined by an individual choice or decision of the consumer or which are clearly tailored to the personal needs of the consumer.
7.1. Applicable laws require that some of the information or communications PRO SPORT DIVERS send to Customer should be in permanent form and for this purpose, PRO SPORT DIVERS shall confirm such information to Customer by email, which Customer accepts is a permanent form of communication.
7.2. When registering to use the Website, Customer shall provide an e-mail address for communications between PRO SPORT DIVERS and Customer. Customer shall ensure such email address is valid and functioning. In particular, Customer shall ensure that the settings of the spam filter on its e-mail account allows the receipt by Customer of e-mails sent by PRO SPORT DIVERS
7.3. In the case of Customers purchasing as a business:
7.3.1. Customer acknowledges and agrees that this e-mail address shall be stored by PRO SPORT DIVERS and used in respect of any future orders received from the Customer until revoked or modified by the Customer;
7.3.2. any notice or communication sent by PRO SPORT DIVERS to Customer, or by Customer to PRO SPORT DIVERS will be deemed received and properly served (i) immediately when posted on the Website (ii) in the case of e-mails, 24 hours after an e-mail is sent, or (iii) in the case of letter, three days after the date of posting.
8. Price of the Products and Delivery Charges
8.1. Prices for products quoted on the website are for only valid for orders which are placed online. There will be no additional surcharge per order for all orders which are placed in any other manner (email, telephonic, etc.)
8.2. PRO SPORT DIVERS takes all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Website. However, if PRO SPORT DIVERS discovers an error in the price of Products(s) ordered by Customer, condition 8.5 will apply.
8.3. Prices for the Products may change from time to time, but changes will not affect any order whichPRO SPORT DIVERS has confirmed with an Order Confirmation.
8.4. The price of the Products includes packaging but excludes graphic design cost, delivery & shipping insurance.
8.5. The Website contains a large number of Products. It is always possible that, despite PRO SPORT DIVERS's best efforts, some of the Products on the Website may be incorrectly priced. If PRO SPORT DIVERS discover an error in the price of the Products Customer has ordered, PRO SPORT DIVERS will inform Customer of this error and PRO SPORT DIVERS will give Customer the option of continuing to purchase the Product at the correct price or cancelling the order. PRO SPORT DIVERS will not process Customer’s order until it has received Customer’s instructions. If PRO SPORT DIVERS is unable to contact Customer using the contact details Customer provided during the order process, PRO SPORT DIVERS will treat the order as cancelled and notify Customer in writing. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by Customer as a mispricing, PRO SPORT DIVERS do not have to provide the Products to Customer at the incorrect (lower) price.
8.6. The Customer will be charged additionally for any subsequent changes requested by the Customer, including if this request results in machine downtime or additional production costs in the event of a complete or partial cancellation (except if the cancellation is pursuant to the consumer’s rights under condition 6). Additional charges are also payable if Customer requests repeated samples due to a slight deviation from the template.
8.7. Where Customer orders more than two proofs, this shall be subject to an additional fee in accordance with condition 5.4 of these Terms.
8.8. If Customer obtains a quotation for Products from PRO SPORT DIVERS through the Website, this does not constitute an offer by PRO SPORT DIVERS and shall only be valid for a period of 7 days from its date of issue. All quotations are subject to the condition that the order details underlying the quotation at the time of issue remain unchanged, and Artwork to be received from Customer is received within one week of Customer placing the order.
8.9. All prices quoted are for one artwork only and print runs can not be split into multiple artworks / designs.
9.1. The price of the Products does not include VAT at the applicable current rate chargeable in the South Africa, as PRO SPORT DIVERS is not a registered VAT vendor.
Should this VAT status change in future, PRO SPORT DIVERS shall amend this on these stipulations & on the relevant quoting system, and the following shall then apply :
However, if the rate of VAT changes between the date of the order and the date of delivery, PRO SPORT DIVERS will adjust the VAT payable by Customer, unless Customer has already paid for the Products in full before the change in VAT takes effect.
9.2. If Customer believes that the Product it has purchased should be zero rated for VAT purposes, Customer shall notify PRO SPORT DIVERS immediately following receipt of the Order Confirmation and confirm the reasons for this. PRO SPORT DIVERS will investigate such claim and if it considers (acting reasonably) that such Product should be zero rated for VAT purposes,PRO SPORT DIVERS shall reimburse Customer for any overpayment made in respect of VAT.
9.3. Customers who are registered for VAT purposes must provide to PRO SPORT DIVERS a valid VAT registration number at the time of placing an order. PRO SPORT DIVERS is entitled to retain such information and apply this VAT registration number to any subsequent orders until PRO SPORT DIVERS is notified by Customer in writing that the VAT registration number is no longer valid.
10.1. Customer may pay for Products at the time of placing the order via Smart EFT. Customers should note that PRO SPORT DIVERS shall not start the sale of the Products until payment has been received in full and print-ready or approved artwork has been supplied.
10.2. No other payment methods or terms shall apply unless expressly agreed with PRO SPORT DIVERS in writing.
10.3. PRO SPORT DIVERSshall issue a separate invoice for each Product ordered by Customer.
10.4. In the event that Customer makes a payment in error, it is the responsibility of Customer to notify PRO SPORT DIVERS and request PRO SPORT DIVERS reimburse such sum. Subject to confirmation by PRO SPORT DIVERS that it has received such overpayment, PRO SPORT DIVERS. shall reimburse the sum to Customer. Where the repayment of any such sum by PRO SPORT DIVERS is subject to an additional charge, PRO SPORT DIVERS shall be entitled to deduct the amount of any charge from the sum to be reimbursed.
11. Delivery and Production
11.1. Delivery is based upon the production time taken by PRO SPORT DIVERS' suppliers to manufacture the Products and the delivery time to ship the Products to Customer if delivery has been agreed upon.
11.2. For areas where the external courier does daily deliveries, PRO SPORT DIVERS will ensure that the Products are delivered within 7 working days of production commencing. For all other areas, the delivery will be as soon as possible after Customer’s order has been accepted and PRO SPORT DIVERS has completed the production of the Products.
11.3. PRO SPORT DIVERS does not offers a cash back guarantee on delivery. Kindly ensure that you as customer arrange the necessary delivery insurance supplied by courier service.
11.4. PRO SPORT DIVERS will advise Customer of the estimated date when the production of the Products shall be completed.
11.5. Delivery will be completed when PRO SPORT DIVERS delivers the Products to the address given by Customer during the order proces, if delivery is agreed upon. If Customer selects their own carrier for delivery, delivery will be completed when PRO SPORT DIVERS delivers the Products to Customer’s nominated carrier.
11.6. If Customer is not available at the delivery address, PRO SPORT DIVERS’s chosen carrier (The Carrier) will leave a note that the Products have been returned to The Carrier’s premises and Customer must contact The Carrier to rearrange delivery. In circumstances where The Carrier has re-arranged delivery and Customer is not available at the delivery address on the agreed date and time to take delivery of the Products, The Carrier shall be entitled (at its discretion) to charge Customer for any additional costs reasonably incurred by The Carrier in attempting to re-deliver the Products.
11.7. The Products will be at the risk of the Customer from completion of delivery. Customer shall only own the Products once PRO SPORT DIVERS has received payment in full for the Products.
11.8. Delivery of the Products shall be performed during normal business hours, being Monday to Friday 8am to 6pm.
11.9. The delivery of prospectuses takes place on disposable pallets; shipment tracking is not possible in this case.
11.10. For the avoidance of doubt, PRO SPORT DIVERS or The Carrier shall not be liable for any delay in delivery of the Products that is caused by an Event Outside the Control ofPRO SPORT DIVERS, The Carrier or Customer's failure to providePRO SPORT DIVERS with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
12.. Event Outside the Control of PRO SPORT DIVERS or The Carrier
12.1. PRO SPORT DIVERS or The Carrier shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside the Control of PRO SPORT DIVERS or The Carrier. An Event Outside the Control ofPRO SPORT DIVERS or The Carrier is defined below in condition 12.2.
12.2. An Event Outside the Control of PRO SPORT DIVERS or The Carrier means any act or event beyond PRO SPORT DIVERS or The Carrier’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3. If an Event Outside the Control of PRO SPORT DIVERS or The Carrier takes place that affects the performance of PRO SPORT DIVERS or The Carrier’s obligations under a Contract:
12.3.1. PRO SPORT DIVERS will notify Customer as soon as reasonably possible; and
12.3.2. PRO SPORT DIVERS’s obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Control of PRO SPORT DIVERS.
12.4. If the Event Outside the Control of PRO SPORT DIVERS or The Carrier extends beyond four weeks, Customer shall be entitled to cancel the Contract.
13.1. Where Customer’s Products arrive in a damaged or defective condition, or Customer claims the Products are not as described, Customer must notify PRO SPORT DIVERS immediately. Subject to Customer giving PRO SPORT DIVERS a reasonable opportunity of examining such Products and Customer (if asked to do so by PRO SPORT DIVERS) returning such Products to PRO SPORT DIVERS at PRO SPORT DIVERS’s cost, PRO SPORT DIVERS will provide a full refund of the price paid by Customer including return postage and packing
13.2.If Customer returns any Products to PRO SPORT DIVERS and PRO SPORT DIVERS can prove they were not damaged or defective when Customer received them, or are not misdescribed, PRINT INC. may send them back to Customer, claiming the cost of return postage and no refund shall be due to Customer.
13.3. For the avoidance of doubt, PRO SPORT DIVERS shall not be liable to accept any returned Products from Customer in circumstances where the received items were wrongly used or damages by the customer.
14.2. Before sending an Order Confirmation, PRO SPORT DIVERS has the right to cancel Customer's order.
15. Personal Data
15.2. PRO SPORT DIVERS will use the personal information provided by Customer to:
15.2.1. supply the Products;
15.2.2. process the payment for such Products; and
15.2.3. . inform Customer about similar products or services that PRO SPORT DIVERS provides, but Customer may stop receiving these communications at any time by contacting PRO SPORT DIVERS or by clicking an unsubscribe button.
15.3. Save as set out in condition 15.4 below, PRO SPORT DIVERS does not pass any personal data to any other third party.
PRO SPORT DIVERS shall not archive Products belonging to Customer (including in particular data and media) without prior written agreement and upon such payment terms as PRO SPORT DIVERS shall in its sole discretion determine. Customer shall be responsible for insuring such archived Products.
17. Other important terms
17.1. . PRO SPORT DIVERS may transfer its rights and obligations under a Contract to another organisation, but this will not affect Customer’s rights or PRO SPORT DIVERS's obligations under these Terms.
17.2. Customer may only transfer its rights or obligations under these Terms to another person if PRO SPORT DIVERS agrees in writing. However if Customer is a consumer and has purchased a Product as a gift, Customer may transfer the benefit of the warranty to the recipient of the gift without needing to ask PRO SPORT DIVERS's consent.
17.3.The Contract is between PRO SPORT DIVERS and Customer. No other person shall have any rights to enforce any of its terms. If Customer is a consumer, the recipient of any gift of a Product will have the benefit ofPRO SPORT DIVERS’s warranty, but PRO SPORT DIVERS and Customer will not need their consent to cancel or make any changes to these Terms.
17.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5. If PRO SPORT DIVERS (i) fails to insist that Customer perform any of its obligations under these Terms, (ii) does not enforce its rights against Customer, or (iii) delays in enforcing its rights against Customer, that will not mean that PRO SPORT DIVERS has waived its rights against Customer or that Customer does not have to comply with those obligations. If PRO SPORT DIVERS does waive a default by Customer, PRO SPORT DIVERS will only do so in writing, and this will not mean that PRO SPORT DIVERS will automatically waive any later default by Customer.
17.6. If Customer is purchasing as a consumer, these Terms are governed by South African law. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by South African law. Customer and PRO SPORT DIVERS both agree that the courts of South Africa will have non-exclusive jurisdiction.
17.7.If Customer is purchasing as a business, these Terms are governed by South African law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by South African law. Customer and PRO SPORT DIVERS both agree to the exclusive jurisdiction of the courts of South Africa.
Date of documentation: Sept 2017
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