TERMS AND CONDITIONS
1.1 The website located at www.fundityres.co.za (the "Site") is owned and operated by Fundi Tyres Proprietary Limited. Fundi Tyres Proprietary Limited is a company incorporated in the Republic of South Africa under registration number 2014/243493/07 and shall, for purposes of these Terms be referred to as "we" or "us" or "our". Unless specified to the contrary, we are also the seller of the products offered for sale on the Site ("Products").
2. Your Account
2.2 You are solely responsible for maintaining the confidentiality of the log-in details for your Account in order to prevent unauthorised access to your Account.
3. Your Personal Information
4. Products, Product Sales and Availability
4.1 All Products are subject to availability, which we do not guarantee.
4.2 Placing a Product in a shopping basket without completing the purchase cycle does not constitute an agreement of sale and/or an order for such Product, and as such, we may remove such Product from the shopping basket if stock becomes unavailable and you cannot hold us liable if such Product is not available when the purchase cycle is completed at a later stage.
4.3 We may vary the exact specifications of Products without prior notice to you. We undertake not to vary the specifications of any Products which form part of orders already placed by you at the time of such variation.
4.4 We have taken all reasonable steps to ensure the accuracy of images or visual reproductions of Products. Please note that the device you use to access the Site may impact on how Products are displayed on your screen.
4.5 We reserve the right to place limitations, restrictions and conditions (e.g. limited offer stipulations) on the purchase of any Products.
5.1 You will be charged the prices for Products as listed on the Site ("Listed Prices") quoted in South African Rand and includes VAT.
5.2 We may, at our sole and absolute discretion, charge prices that are lower than the Listed Prices.
6. Orders and Payment
6.1 Orders placed by you constitute offers to purchase the Products.
6.2 We will confirm our acceptance of such offers within 1 business day via email, text message or other written medium ("Order Confirmation"). You must ensure that you are satisfied with the contents of the Order Confirmation and may correct any mistakes or cancel the order. If you correct any mistakes, we will confirm such correction by sending you an updated Order Confirmation.
6.3 You will be able access all the details relating to your orders by logging into your Account.
6.4 When placing orders, you warrant that:
6.4.1 you are over the age of eighteen (18); and
6.4.2 you are authorised to use the credit card from which funds are being transferred.
6.5 Payment for the Products ordered must be made via credit card (Visa, MasterCard, Diners Club or American Express) and all payments are secured using industry standard online security and encryption technology.
6.6 At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled. We may carry out certain fraud checks with the cardholder or the cardholder’s bank, should we be unable to verify the validity of the transaction the order will be cancelled.
7.1 We reserve the right to charge a reasonable fee for the delivery of orders to you. The total cost of delivery will be confirmed in the Order Confirmation.
7.2 Deliveries are only made to valid addresses within South Africa, on weekdays and all orders placed on weekends will be processed on the following Monday.
7.3 You or a person authorised to accept delivery on your behalf, must be available during normal business hours at the delivery address specified in the Order Confirmation ("Delivery Address"). Any person accepting delivery of the Products may be required to produce a form of identification.
7.4 We reserve the right to charge an additional delivery fee should we be required to repeat a delivery if no one accepts delivery of the Products at the Delivery Address during the aforesaid time periods.
8. Risk and Ownership
8.1 Risk in the Products shall pass to you upon delivery by us at the Delivery Address.
8.2 Until we receive full payment in cleared funds for the Products ordered, ownership in the Products shall remain with us.
9. Cancellations, Returns and Refunds
9.1 If we are unable to deliver your order within 30 days of your receipt of an (updated) Order Confirmation, we will notify you in writing and you will be entitled to a full refund within 30 days of your receipt of such written notification.
9.2 If you are a consumer in terms of the Consumer Protection Act 68 of 2008 (“CPA”) and any Products delivered by us are not of the type and quality or description specified on the Site, you may, within 10 business days of delivery, return these Products (at our risk and expense) in exchange for a full refund.
9.3 If you are a consumer in terms of the CPA and you received any Products which:
9.3.1 contain any defects, failures, hazards or are otherwise unsafe (as defined in section 53 of the CPA); and/or
9.3.2 do not comply with sections 55 and 56 of the CPA (for example, they are not defect-free, of a good quality or reasonably suitable for the purpose for which they are generally intended),
you may decide, within 6 months from the date of delivery, to return these Products to us, or have them replaced or repaired by us, at our risk and expense and without penalty.
10.1 You will be entitled to cancel your order, without reason and without penalty in terms of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"):
10.1.1 within 7 days after your receipt of the Products; or
10.1.2 within 7 days of your receipt of an (updated) Order Confirmation.
10.2 You will be required to pay the direct cost of returning the Products to us if returned in terms of this clause 10.
10.3 If you cancel the order in terms of this clause 10, you will be entitled to a full refund, which we will pay within 30 days of the date of cancellation.
11. Intellectual Property
11.1 All intellectual property in relation to the Site, which includes trade marks and copyright in the content and material on this Site (such as text, logos, graphics, images, icons, data, databases and designs), is owned by or has been licensed to us.
11.2 Such intellectual property is protected from infringement and may not be copied, reproduced, published or used in any way without our consent (or the consent of the copyright or trade mark owner). In this regard, any intellectual property rights not expressly granted are reserved by us.
12. Use of the Site
12.1 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services.
12.2 You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
12.3 Subject to the further provisions of these Terms, the Site and its content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Site or its content.
12.4 This Site may only be used by you for personal and non-commercial purposes.
12.5 We grant you a limited licence to copy and use content and material on the Site for the sole purpose of obtaining information about us, the brands of the Products and other Products. Any other use of the content and materials on the Site is prohibited and will amount to infringement of our intellectual property rights.
12.6 Subject to the further provisions of these Terms, you are not allowed to: (i) frame, modify, distribute, commercialise, exploit and/or alter the Site or its content; (ii) incorporate any part of the Site's content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.
12.7 You are permitted to create a hyperlink to the home page of the Site so long as the link does not portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the home page of the Site is clearly visible.
13. Advertising and Links
Any hyperlinks on the Site to the external websites of third parties should not be seen as reflective of any commercial relationships between our business and those linked third parties. We do not endorse or sponsor any linked third parties or their websites and your use of any such websites will be entirely at your own risk.
14. Disclaimers, Indemnities and Exclusions of Liability
14.1.1 your rights; or
14.1.2 our liability (including liability for gross negligence)
in terms of any applicable law, including the CPA and ECTA.
14.2 To the extent permitted by law, we cannot be held liable for any direct or indirect, incidental or consequential damage or loss arising from the use of, or inability to use, the Site.
14.3 We make no representations or warranties, implied or otherwise, that -
14.3.1 access to the Site will be uninterrupted; and
14.3.2 the Site's transmission, content and technology is error-free, fully effective, secure and/or free from any viruses or other harmful components.
14.4 We have not specifically created or designed any individual Products for you in an attempt to meet your unique requirements, needs or purposes (none of which have been communicated by you to us).
14.5 You must satisfy yourself that the Products you order are likely to be reasonably suitable for the general purpose(s) for which they are intended.
15.2 Notwithstanding clause 15.1, either you or we may obtain interim or urgent relief from any competent court.
17. Our Information
17.1 In terms of section 43 of the ECTA, we are obligated to make certain information available to you.
17.2 Our information is as follows:
17.2.1 Full business name and legal status: Fundi Tyres Proprietary Limited.
17.2.2 registration number and place of registration: Registered in South Africa under registration number 2014/243493/07.
17.2.3 Main business: Tyre retailer
17.2.4 Physical address and telephone number: Shop 1, Hazeldean Square, Corner of Graham and Silver Lakes road, Silver Lakes, Pretoria, 0054.
17.2.5 Address for receipt of legal service: Shop 1, Hazeldean Square, Corner of Graham and Silver Lakes road, Silver Lakes, Pretoria, 0054.
17.2.6 Office bearers: Martin Rautenbach
17.2.7 Webmaster: [email protected]
17.2.8 Website address: www.fundityres.co.za
17.2.9 Official email address: [email protected]
18.4 Any indulgence or leniency granted to you by us shall not be interpreted as a waiver or variation of any of our rights or remedies.
19. Tyre Finder
19.1 Every effort has gone into making the tyre finder (searching tyre sizes by vehicle) as accurate as posiible.
19.2 Data from external sources were used in creating the Tyre Finder and processed after to make it more usef friendly.
19.3 We do not warrant the accuracy of the information, use it at your own risk.
19.4 We are not liable for any damages (or consequential damages) that result should the tyre size specified be incorrect.