STANDARD TERMS AND CONDITIONS OF SALE
1. Definitions
1.1. “Agreement” shall mean these standard terms and conditions of sale;
1.2. “Bike Fitment” shall mean a consultation with one of the Company’s technicians using Body Scan CRM technology to ensure that a bicycle and any additional components, if applicable, purchased by the Customer is properly adjusted and fitted in relation to the Customer’s biometric features;
1.3. “Children’s Bicycle” shall mean any bicycle with a wheel size smaller than 26 inches in diameter;
1.4. “Company” shall mean Cycle Labuschagne Brothers (Pty) Ltd with registration number 2007/043932/07 trading as the Bicycle Company;
1.5. “Customer” shall mean any natural person or other entity with whom the Company engages as contemplated in clause 3 hereunder;
1.6. “CPA” shall mean the Consumer Protection Act No.68 of 2008;
1.7. “Merchandise” shall mean any and all products and/or services which the Company offers to supply to Customers in the ordinary course of business;
1.8. “Parties” shall mean, collectively the Company and the Customer;
1.9. “Party” shall mean, individually, the Company or the Customer as required by the context of any particular clause of this agreement;
1.10. “Report” shall mean the report pertaining to the assessment conducted in terms of clause 6.1. below; and
1.11. “Supplier” shall mean each respective person and/or entity from whom the Company acquires Merchandise for the purpose of supplying same to Customers.
2. Interpretation
2.1. For purposes of this agreement, unless the context clearly requires otherwise:
2.1.1. the singular includes the plural; and
2.1.2. a reference to any one gender whether masculine, feminine or neutral, includes a reference to the other two genders; and
2.1.3. the headings in this Agreement are incorporated for convenience only and are not to be taken into account when interpreting this Agreement.
3. This Agreement is applicable to any and all:
3.1. sales made by the Company to any Customer, whether such sales be cash or credit based; and/or
3.2. transactions concluded by the Company with any Customer of whatever nature; and/or
3.3. services rendered by the Company to any Customer.
4. Warranties/Guaranties applicable to Merchandise
4.1. Subject to the CPA, where applicable, all Merchandise is sold subject to the warranties and/or guaranties provided by the Supplier of such Merchandise;
4.2. The terms of the warranties and/or guaranties as contemplated in clause 4.1 above are available on request from the Company.
4.3. No warranty and/or guarantee, whether provided by a Supplier or whether ex lege (by operation of law) shall be enforceable against the Supplier and/or the Company if the Merchandise to which such a warranty and/or guarantee applies is found to have been subject to user misuse and/or abuse, if any warning and/or user instructions were not complied with and/or if any damage is the result of normal “wear and tear”.
5. Return of merchandise
5.1. Subject to the CPA, where applicable, the Company is obliged to adhere to the Suppliers’ terms and conditions pertaining to return of Merchandise which may include, but is not limited to:
5.1.1. returning the said Merchandise to the Supplier for assessment by its chosen technicians; and
5.1.2. adhering to the Supplier’s recommendations and/or terms and conditions based on the abovementioned technicians’ reports and/or findings.
5.2. In the event of the return of any Merchandise which is not subject to any Suppliers’ warranty and/or guarantee, the Company shall be entitled to temporarily repossess the Merchandise in order to assess any alleged damage to the Merchandise returned and will, if applicable, comply with all of its obligations as required by the CPA;
5.3. The following items may not be returned to the Company in accordance with the CPA, for hygiene reasons:
5.3.1. men’s and/or ladies’ cycle shorts, “skorts”, and/or bib-shorts;
5.3.2. sports bra’s and/or any under garments of any kind; and
5.3.3. socks.
5.4. Should the Customer be entitled to a refund of the price paid by the Customer of any Merchandise returned to the Company, the Customer is entitled to elect whether the said refund will take the form of cash or a credit redeemable at any branch of the Company.
6. Insurance claims
In the event of a Customer and/or Insurance Company instructing the Company to asses any damage to any Merchandise of the said Customer, the Company will:
6.1. conduct a full and accurate assessment of any and all damage found pertaining to the said Merchandise;
6.2. provide a copy of the Report to the Customer and the Insurance Company; and
6.3. in the event of the Insurance Company failing and/or refusing to approve the repair of all of the damages as listed in the Report, the Company will fully advise the Customer of all of the consequences of not effecting all of the repairs as listed in the Report and it will be the responsibility of the Customer to instruct the Company on the repairs to be effected. The Company will affect the repairs as specifically instructed by the Customer and as such the Company will not be liable for any damage, loss and/or harm which may ensue as a result of the Customer electing not to effect the repair of all of the damages as listed in the Report.
7. Purchases of Bicycles
7.1. Should a Customer purchase any bicycle, excluding a Children’s Bicycle, from the Company, the Customer is entitled to a free Bike Fitment to the value of R450.00 (four hundred and fifty Rand).
7.2. Should the Customer elect to forego the Bike Fitment when purchasing a new bicycle same cannot be claimed by the Customer at a later date unless expressly agreed to between the Company and the Customer.
7.3. Due to the fact that the Bike-Fitment is a free service provided when a Customer purchases a new bicycle, same is non-refundable.
8. Purchases of Second Hand Bicycles
8.1. Second hand bicycles are not subject to any Supplier warranty and/or guarantee.
8.2. The Company will perform a major service on all second hand bicycles offered for sale.
8.3. A comprehensive “snag list” reflecting any material defects which could not be rectified by the major service as stipulated in clause 8.2 will be provided to the customer upon purchasing a second hand bicycle and, subject to the CPA, the
Company will not be liable for any loss, damage and/or harm ensuing as a result of such aforementioned material defects.
9. Company Cycling Club Membership
9.1. A refund of the membership fees of the Company Cycling Club will be, to the extent applicable, be subject to clause 5 of this agreement, having regard to:
9.1.1. the degree to which any Merchandise provided has been consumed; and
9.1.2. the amount of times the Customer has made use of the services provided pursuant to its Membership to the Company Cycling Club Membership.
9.2. Any minor child whom is a member of the Company Cycling Club must at all times be supervised by a parent and/or legal guardian or a specifically appointed adult when taking part in any Company Cycling Club activities.
10. General
10.1. This Agreement constitutes the whole agreement between the Company and the Customer and no amendment to this Agreement will be valid and binding on the Parties unless same is reduced to writing and signed by both Parties.
10.2. No relaxation of the terms of this Agreement and no indulgence which one Party may grant to the other, will in any way operate as an estoppel against the former Party or be deemed to be a waiver of the former Party’s rights, or in any other way limit, alter or prejudice those rights.
10.3. Each clause or part of this Agreement is separate and severable from the rest of the Agreement. Should any one clause of this Agreement be unenforceable same will not affect the enforceability and/or validity of the rest of the terms and conditions.
11. Jurisdiction
The Parties consent to the jurisdiction of the magistrate’s court having jurisdiction, in respect of any dispute arising out of this Agreement and/or pursuant to the enforcement of this Agreement.
12. Costs
Should one Party institute legal action against the other based on this Agreement the successful Party will be entitled to recover all legal costs incurred, pursuant to and/or incidental to, including all disbursements incurred, such aforesaid legal action from the unsuccessful Party on a scale as between attorney and client.