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Terms and Conditions.

1.         General 

The terms govern your use of the website.

The TheDIYshop website is provided as a convenience to you and our customers for informational purposes only. In order to use certain services you may be required to provide your personal information.

We reserve the right to make changes to the documents and/or other materials contained on this website from time to time without notice. This right also applies to these terms and conditions. TheDIYshop will post the revised terms on the website. You may use the TheDIYshop website for your own personal non-commercial use and not for republication, distribution, sale or other use. 

If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the website.

The Terms constitutes the entire agreement between the parties.

If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the terms will be effective.

Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The terms will be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

2.         Definitions

In the website terms of use:

“terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and TheDIYshop ;

“we” or  “us” or “TheDIYshop ” means TheDIYshop whichever one applies;

“website” means www.thediyshop.co.za;

“you” or “user” means any person who visits, accesses or uses the website.

3.         Website use

As a user, TheDIYshop grants you a limited, non-transferable revocable licence to access and use the website subject to the terms and conditions. Your licence does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website.

You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your personal review from the website or purchasing goods or services from the website.

You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.

You may only link to the website by linking to the home page of the website.

4.         Restrictions

You may not: 

(i)            Provide any untrue or incorrect information to the website or TheDIYshop ;

(ii)           Modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;

(iii)          Lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of TheDIYshop ;

(iv)         Use malicious search technology, including but not limited to spiders and crawlers;

(v)          Frame any pages of the website;

(vi)         Deep link to any pages of the website in a way to suggest that you are the owner or licence of any intellectual property in the website.

(vii)        Use the interactive sections of the  website, for instance forums, clubs, surveys and e-mailing, to post any material which in TheDIYshop ’s discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. TheDIYshop does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and or articles, at your sole risk and responsibility. TheDIYshop is not responsible or liable for damages or other adverse consequences caused by the use of the submissions

5.    Disclaimer and disclosures

This clause is subject to applicable law.

You use the website at your own risk.

TheDIYshop publishes information on its website as a convenience to its visitors for information purposes only, except where you may purchase goods or services from the website.

TheDIYshop provides the website “as is” and “as available” and  to the extent permissible by law disclaims  warranties including but not limited to warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website are free from defects, uninterrupted and error free.

While TheDIYshop attempts to provide accurate and timely information, TheDIYshop cannot guarantee this. TheDIYshop may correct and change the website if required.

The TheDIYshop goods and services described on the website may not be available in all regions. Although TheDIYshop has made every effort to display the goods and their colors as accurately as possible, the displayed products and colors of the products will also depend upon your equipment and TheDIYshop cannot guarantee that your equipment will display an accurate representation of the actual goods or their colors.

Where pricing on the website differs from the actual in-store pricing, the applicable price will be the lesser of the two prices, unless the lesser price is made in error and we have taken reasonable steps to rectify the error.   

TheDIYshop will not be liable for any other website provided by any third party.
All Accessories shown with products for presentation purposes are not included in the price but are available for sale separately. 

6.         Indemnity

Subject to applicable law, you agree to indemnify, defend, and hold TheDIYshop harmless against any claim, or liability (including attorneys' fees) arising out of your use of the website.

7.         Copyright and Intellectual Property Rights

All materials published on TheDIYshop website is protected by copyright and owned or controlled by TheDIYshop or the party accredited as the producer of the content, software or other material. Nothing in these terms and conditions of use shall be construed as conferring by implication or otherwise, any license or right under this copyright, patent, trade mark, database right or other intellectual property or proprietary interest of TheDIYshop or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of TheDIYshop or are used by TheDIYshop under license. TheDIYshop will prosecute any violation of intellectual property rights to the fullest extent that the law permits. Reproduction of part or all of the contents in any form is prohibited other than strictly for individual use.  

 8.        Confidentiality

If you respond to TheDIYshop via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential.

TheDIYshop will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. TheDIYshop will also be able to use any ideas, concepts, know-how or techniques contained in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information.  You consent to the aforesaid use of such information.

By submitting information, you agree that TheDIYshop may publish the information, use it as part of its operations, and incorporate its concepts in TheDIYshop goods or for any other purposes, which TheDIYshop considers necessary, without liability.

TheDIYshop will deal with your personal information in terms of the privacy policy.

9.         Termination

TheDIYshop may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights that we may have in terms of the law, including but not limited to claims for specific performance and damages.

10.       Price Beat Policy

We undertake to attempt to beat the price of any product from any local retailer in the Republic of South Africa licensed by the trademark holder or licensee to sell the particular product within 30 days of the original purchase. This “price beat” excludes all e-commerce, on line offers, website sales, opening sales and limited quantity or closing down sales. As a proud supplier of original branded products we will not price beat any price for a grey, reconditioned or parallel import products.

Subject to the above listed exclusions, we will beat a price from any local retailer on condition that the identical product must be in stock at the local retailer at the time of the price beat request by the consumer.


11.       Consumer duties

You must ensure that the goods are fit for the purpose for which you want to buy it before you take delivery of the goods. You must ensure before delivery, that the goods listed on the till slip correspond in description, price and quantity with the goods purchased. You must adhere to the user/manufacturer’s instructions. You must keep proof of any repairs conducted and proof of purchase on all returned goods.

12.       Warranties and returns

Subject to these terms, all goods carry an implied warranty in accordance with the Consumer Protection Act 68 of 2008 (“CPA”) which gives the consumer the right to return the unsafe and defective goods in terms of section 20 read together with section 56 of the CPA. Our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law.

 

The implied warranty on goods supplied places an obligation on TheDIYshop to accept the return of unsafe or defective goods within six months of delivery, in the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA. Furthermore, the consumer has a right to return goods to TheDIYshop if:

 

a)      The consumer finds within 10 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);

b)      The consumer did not have a chance to examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and

c)      The consumer has refused delivery of any of those goods, because they were mixed with items that were not ordered, as contemplated in section 19(8).

 

Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase and subsequently changed his/her mind about the goods, the goods have been damaged due to the consumer’s negligence, the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.

We sell goods for domestic purposes only and for the purpose for which they were manufactured. Normal wear and tear will also be excluded. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect in the goods.

We will consider and deal with all other returns in terms of applicable law, the manufacturers’ warranty or terms of the extended warranty. All refunds are less any charges permissible in terms of the law. If you are entitled in law to return goods to us for any reason, the law in certain instances allows us to charge you for the use of the goods and to get the goods for restocking.

Due to the nature of the goods and/or copyright restrictions, you cannot return computer software, speakers, alarm panels, keypads, sensors, CD’s, DVD’s and Bluray discs unless it is found that the goods were defective at the time of purchase.

As a valued customer, we shall at all times endeavour to provide you with the best customer service and ensure that all your rights in terms of the Consumer Protection Act are protected.  As a gesture of our commitment to you we have established a ‘change of mind / peace of mind’ return policy, which is provided to you over and above the rights you have in terms of the Consumer Protection Act.  In terms of this return policy, we may consider replacing goods purchased with us within 7 days from the date of purchase if such goods are returned in their original packaging and in original condition.

A Hadeling fee of 8% plus initial shipping cost will be charged on all goods returned.

Please retain your till slip/invoice as proof of purchase.

13.       Exchange of items bought elsewhere

TheDIYshop will not accept any returns for goods purchase elsewhere. 

14.       Repairs

Before we start any repair work for out of warranty returns, you will be charged with an upfront payment of R350 in lieu of a quote rejection fee. You will be charged this fee should you advise us that we should not proceed with the repair work. In the event that you give us approval to proceed with the repair work, The aforementioned R350 will be waived. If you do not collect the repaired goods within 2 months after we notified you that it is ready for collection, we may sell the goods to defray costs.

15.        Alarms and alarm equipment

Due to the nature of alarm and alarm equipment, the goods must be installed correctly. Therefore the warranties on alarm goods will not apply if the goods were not installed in terms of the manufacturers’ instructions. Please provide proof of installation to validate all warranties.

16.       Shipping.

Packages are generally dispatched within 2 days after receipt of payment and are shipped via a courier of our choice or via the South African Post Office with tracking and drop-off without signature. Free shipping on any purchase over R2999.00 applies to major centers only, so please contact us before choosing this method. You can also check your delivery adress here http://www.thecourierguy.co.za/routeGuide.php.

Shipping fees include handling and packing fees as well as postage costs. Handling fees are fixed, whereas transport fees vary according to total weight of the shipment. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Your package will be dispatched at your own risk, but special care is taken to protect fragile objects. Packages are shipping withou insurance, please contact us if you require insurance.

Boxes are amply sized and your items are well-protected.

17.       General

The above terms and conditions as well as the products and/or service specific terms and conditions govern the sale of goods and/or the provision of services for purchases made from TheDIYshop . Any additional terms and conditions are subject to the company policies and procedures (available on request) as well as the law. Any queries may addressed to the Customer Care Line on 086459459, or please ask for the manager.

Please visit our website at www.theDIYshop.co.za. Access to the services, content and downloads available on the from TheDIYshop website maybe classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act).