Legal

CHTOOL AND PNEUMATICS CONSUMER TERMS & CONDITIONS
(Version Feb Sept 2018)

1. About Us
1.1 We are CHTool and Pneumatics.
1.2 If you wish to contact us, including complaints, you can contact us by emailing our Customer Services Team at info@chtool.co.za.
2. Conditions
2.1 Please read the following terms and conditions (the Conditions) carefully as use of and/or buying from CHTool and Pneumatics means you will be bound by them on purchasing any of the products. And using any of the services provided repairs, maintenance and servicing etc. The products and services listed on this website included.
2.2 These Conditions apply to any contract between us for the sale of Products and services provided to you (a Contract). Please read these Conditions carefully and make sure you understand them. Please note that before purchasing our products you will need to agree to these Conditions. If you refuse to accept these Conditions, you will not be able to purchase any Products from CHTool.
2.3 We reserve the right to remove, modify or change, without notice, any information on this Site from time to time. We may change these Conditions at any time by posting notice of the changes on the Site. If you use the Site after we have posted the changes, you will be bound by the new terms. You should therefore ensure that you read the Conditions each time you use the Site.
2.4 If we have to revise these Conditions as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel the Contract, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
3. Use of the Site
3.1 The content of this Site is owned by or licensed to us. You may not copy, reproduce, modify, distribute, republish, re-sell display, post or transmit any part of this Site without our permission. You may view or print individual pages only for your own personal use. We may suspend, alter, restrict or terminate at any time access to or use of this Site.
Sale of Products
4.1 The images of the Products on our Site are for illustrative purposes only. We have made every effort to display the colours accurately but we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products.
Placing an Order
5.1 By placing an Order with us, you are offering to purchase Products on the following Conditions. All Orders are subject to availability and confirmation of the Order price by us. If we are unable to supply you with Products, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5.2 The prices of the Products are exclusive of VAT and will be as quoted in our business at the time of your purchase. The prices of the Products may change from time to time but will not affect any Order you have already placed.
5.4 After you place an Order, you will receive an email from us acknowledging that we have received your Order. However, please note that this does not mean your Order has been accepted.
5.5 We will confirm our acceptance to you by sending you an email that confirms that the Products have been reserved and the product has been paid for in full. The Contract between us will only be formed when we inform you that delivery or collection can take place.
6.1 You own the Products once we have received payment in full, including all applicable delivery charges.
7.1 You must comply with all applicable laws and regulations of the country for which the Products are purchased. We will not be liable or responsible if you break any such law.
Payment
8.1 You can only pay for Products using direct payments or eft.
8.2 Cancellation
9.4 To cancel a Contract, you need to let us know that you have decided to cancel.
9.5 If you cancel your Contract, we will:
9.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop (if we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount);
9.5. 9.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
9.5.3.1 if you have received the Products and we have not offered to collect them from you: 30 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
9.5.3.2 if you have not received the Products or you have received them and we have offered to collect them from you: 30 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Product to us.
9.8.2 unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Products cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
9.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Limitation of Liability
10.1 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
10.2 We only supply the Products for use in SA. You agree not to use the Products for any commercial, business, resale or rehire purposes outside SA and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
11.2 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
11.3 This Site may contain links to other sites, which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content or availability of those sites.
Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our 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.
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
12.2.1 we will contact you as soon as reasonably possible to notify you; and
12.2.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel a Contract please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products that you have already received and we will refund the price you have paid, including any delivery charges.
General
13.1 Emails to you will be sent to the address you specify to us. You must provide us with a valid email address and it is your responsibility to inform us of any changes to that address. By placing an Order with us, you are agreeing to receive email communications from us.
13.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Conditions. We will always notify you by posting on this webpage of the Site if this happens.
13.3 You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing. Consumers who have purchased Products as a gift may transfer the benefit of our warranty to the recipient of the gift without needing to ask our consent.
13.4 A person who is not a party to the Contract shall not have any rights under or in connection with it pursuant to the Contracts (Rights of Third Parties) Act 1999.
13.5 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.6 Discount Codes
14.1 Account discount codes – Discount codes may from time to time be offered to our account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
14.2 Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made.
14.3 The conditions of use relating to any discount code will be specified at the time of issue.