TEHINI FITNESS (PTY) LIMITED TERMS AND CONDITIONS OF TRADE
Tehini Fitness (Pty) Limited trading as Tehini Fit (hereinafter referred to as “Tehini”) is company with limited liability, duly registered and incorporated as such in accordance with the laws of the Republic of South Africa, with registration number 2016/303516/07.
The website www.tehinifit.com (hereinafter referred to as “the website”) is owned and operated by Tehini and the website is used to sell clothing and other items to you (hereinafter referred to as “goods”)
In making use of, and by registering on the website you are agreeing to be bound by Tehini’s terms and conditions of trade (herein after referred to as “terms and conditions”), and confirm that you have read and understand same. Should you not wish to accept all of Tehini’s terms and conditions, you are advised that you should not make use of the website, nor should you purchase any goods thereon. In the event that you do not understand any of the provisions of these terms and conditions, you are encouraged to contact Tehini so that same may be explained to you. In the event that you fail to do so, Tehini will not be held liable for the fact that you did not understand same, in the event of you electing to make use of the website, and/or purchase goods thereon.
Tehini reserves the right to amend, alter, vary and/or cancel these terms and conditions, which amendment, alteration, variation and/or cancellation will, from time to time, be posted on the home page of the website. It is your responsibility to keep yourself updated in respect of any changes to these terms and conditions.
These terms and conditions constitute the agreement between you and Tehini and no variation thereof shall be valid or binding unless agreed to in writing by both Tehini and you.
Special offers and/or promotions may have additional terms and conditions applicable to such offers and/or promotions, which must be read as if specifically incorporated herein.
In the case of any contradiction between these terms and conditions and any content contained in other parts of the website or in links, the terms and conditions contained in this document prevail.
2. REQUIREMENTS TO CONTRACT WITH TEHINI
In the event that you are below the age of 18 (eighteen), Tehini is not permitted to enter into a contact with you.
You are further only permitted to purchase goods on the website for your own personal use, and not for resale.
3. REGISTERING ON THE WEBISTE
You are required to ensure that your details in the opening account form remain up to date it is your responsibility to change any details that have altered since the date you registered on the website.
Upon registering on the website, you will select a password and user name.
You are responsible for ensuring that no third party has access to your account, and/or your username and/or your password.
Tehini will not be liable for any unauthorised activity relating to your account and you agree that once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment in respect of any order placed using such username and password, save where the order is cancelled by you in terms of these terms and conditions.
In using this website, you agree to notify Tehini immediately should you suspect or become aware that there is any unauthorised use of or access to your username and/or password, and you further agree to take all reasonable steps to mitigate any loss or harm which may arise therefrom.
4. PURCHASING GOODS
A legally binding contract of sale comes into being between Tehini and you once:-
· You place an order on the website; and
· Payment is received by Tehini in respect of the price of the goods and the cost of delivery thereof; and
· Tehini has sent you a confirmation of order e-mail.
Until such time as all three of the aforegoing requirements have been met, a contract of sale has not arisen.
Tehini may refuse to accept and/or confirm an order and shall not be obliged to provide you with reasons for such refusal to accept and/or confirm an order.
Tehini may refuse to accept and/or confirm an order in the event that:-
· Tehini suspects that you are under the age of 18;
· Tehini suspects that you intend to resell the goods purchased on the website;
· Goods on the website are incorrectly priced and/or described;
· The goods ordered are unavailable;
· Tehini suspects that you are making use of a username and/or password when you are not authorised to do so;
· Tehini suspects that you are making use of a credit or debit card without authorisation to do so.
This list is not exhaustive, and Tehini may refuse to accept and/or confirm an order for other reasons.
5. OWNERSHIP OF THE GOODS
The goods will remain the property of Tehini until such time as payment in respect of such goods and the delivery thereof has been made in full.
You are not entitled to sell and/or dispose of the goods until such time as payment has been made in full in respect of the price of the goods, and the cost of delivery thereof, at which time ownership shall pass to you.
6. QUALITY AND CARE INSTRUCTIONS
The care instructions for the goods are displayed on the label of the goods. You are encouraged to abide by such instructions to ensure the longevity of your goods, and to avoid any loss of colour.
You are advised that there may be slight colour variations in the goods, due to lighting and other factors when photographs are taken and posted to the website. Tehini shall not be responsible for such deviations, unless such deviations are material.
The price of the goods are displayed on the website, in South African Rands. The price displayed includes VAT, calculated at the applicable percentage from time to time, but excludes delivery costs, which will be quoted separately once you have placed an item/s in your basket.
Tehini reserves the right to amend such prices on the website from time to time.
In the event that Tehini has a special offer and/or promotion, such special offer and/or promotion shall be governed by the terms and conditions applicable to such offer and/or promotion, which shall be displayed on the website. Tehini reserves the right to limit, change or withdraw such special offer and/or promotion at any time.
Whilst Tehini makes every reasonable effort to ensure that all prices displayed on the website are accurate at all times, in the event that an erroneous price is displayed on the website, Tehini shall not be obliged to offer the goods to you at the erroneous price. In the event that an erroneous price is displayed, you will be notified of such error, and you will have the option of cancelling your order and receiving a full refund if payment has been effected or accepting the correct price in respect of the goods.
You are specifically advised that placing items in your basket does not reserve them, and they may be removed from your basket at any time, should you not proceed to place an order within such time.
8. METHODS OF PAYMENT
You can pay Tehini in respect of goods ordered by credit card, debit card, or by way of electronic funds transfer.
CREDIT AND DEBIT CARD PAYMENTS
You may pay Tehini in respect of your order by way of any Visa or MasterCard credit or debit card.
Once you place an order with Tehini and enter your card details in order to make payment in respect of such order, the transaction details are presented to the relevant Bank in order to obtain authorisation.
If authorisation is not obtained, the order is cancelled, and the goods will be removed from your basket.
If authorisation is obtained, payment is normally instantaneous.
FRAUDULENT USE OF CREDIT AND/OR DEBIT CARD
By using the website, and placing an order, you guarantee that you are fully authorised to use the credit card or debit card presented by you for payment of your order.
In the event that Tehini suspects that you are using a credit or debit card fraudulently or without permission to use such card, Tehini has the right to refuse to process payment utilising such card, and/or to cancel any order.
Tehini may further request that you provide it with documentation in respect of any credit and/or debit card to ensure that such card is issued to you, or you have been authorised to use such card.
In the event that your card has been used to place orders with Tehini and such transaction/s were not authorised by you, you are advised to contact your bank in order to address this and not Tehini.
ELECTRONIC FUNDS TRANSFERS
In the event that you wish to pay for your order by way of electronic funds transfer, you have a period of 24 (twenty four) hours to do so from the time you place your order, during which time these goods will be reserved for you. In the event that you do not make payment within this period of time, the goods will be released for sale on the website.
Please ensure that you use your order number as the payment reference when making payment, to ensure that such payment is allocated timeously, and in order that your order may be despatched as soon as possible.
Please note that Tehini will not release any goods for delivery until payment reflects in its bank account.
In the event that you make payment from a bank different to that utilised by Tehini, it may take as long as 3 (three) days for the payment to reflect into Tehini’s bank account.
Please be aware that delivery times are calculated from the time that payment reflects in Tehini’s bank account, and not from the time that you make payment.
An invoice will be sent to you by way of e-mail once your order has been despatched for delivery.
Tehini shall only retain records of sales for a period of 12 (twelve) months.
10. CANCELLING AN ORDER
You may not cancel an order once confirmation of your order has been received by you.
Tehini reserves the right to cancel any order, either partially or completely, in which event it will contact you either telephonically, or by e-mail, to advise you of such cancellation, as soon as reasonably possible.
In the event that Tehini cancels an order, and you have already made payment in respect of such order and the delivery costs thereof, Tehini will reimburse you the price of the goods, together with the delivery cost, which refund will be processed within 7 (seven) days of confirmation of the cancellation of your order, which confirmation will be e-mailed to you.
11. RETURN OF GOODS
11.1. Normal Returns:
Please note that Tehini will not exchange goods and in the event that you are not completely satisfied with the goods, save for swimwear and underwear, which may not be returned due to hygienic reasons, you are entitled to return same to Tehini within a period of 14 (fourteen) calendar days from the date of delivery to you.
Should you wish to return the goods, the goods must be returned in their original packaging and with all of the labels attached to the goods. You will be required to log a return request on the Tehini website, and Tehini will arrange for a courier to collect the goods from you, at no charge to you.
11.2. Return of Defective Goods:
In the event that the goods delivered to you by Tehini are:-
· Not suitable for their intended purpose;
· Not of good quality, free of defects and in good working order;
· Durable and usable for a reasonable period of time
then you shall be entitled to return same to Tehini within a period of 6 (six) months, calculated from the date of delivery of the goods to you, and Tehini shall refund you both the purchase price of the goods, together with the delivery cost incurred by you, if any.
In the event that you wish to return defective goods to Tehini, you will be required to send an email to email@example.com, and Tehini will arrange for a courier to collect the goods from you, at no charge to you. You will be required to describe how the goods were used whilst they were in your possession.
If the problem was caused by reasons other than materials quality or assembly process, the original goods will be returned to you.
Please note that Tehini will not entertain any refunds in the event that:-
- The goods were not purchased on the website;
- The goods are damaged as a result of abuse or negligence;
- The goods are damaged as a result of misuse or by use other than the intended purpose;
- The goods have been subject to normal wear and tear.
In the event that you do not comply with the requirements of the aforesaid terms and conditions in respect of returns, Tehini reserves the right to refuse to refund you in respect of any amount.
You will be notified by way of e-mail once your returned items have been received by Tehini, whereafter such return will be processed. Once the goods have been processed, you will be sent an e-mail confirming that your return has been processed, and whether or not the return meets the requirements of these terms and conditions.
If goods are returned and Tehini believes that they been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, Tehini will be entitled to deduct the decrease in value of the returned goods as a result of this damage from the amount to be repaid to you.
Tehini will process your return within a period of 7 (seven) calendar days of the return’s arrival at the warehouse, whereafter your refund will be effected, if the aforesaid terms and conditions are met, within 14 (fourteen) calendar days of an e-mail being sent to you confirming that your return has been processed, and that such return meets the requirements of these terms and conditions. Please take note that refunds may take longer to reflect in your account in the event that you do not bank with the same bank as Tehini.
When ordering goods on the website, you will be required to select a delivery address and to provide Tehini with a contact number to be used in connection with the delivery of the goods.
Tehini will deliver during business hours to the address indicated by you within South Africa. Tehini can only deliver to a home or office address.
Please click here https://www.tehinifit.com/delivery-policy/ for the different delivery methods available to you, and the costs in respect of such methods.
Please take note that whilst Tehini makes every effort to ensure that delivery times are adhered to, sometimes circumstances outside of Tehini’s control may delay your delivery, and Tehini shall not be liable to compensate you in the event that the delivery of your goods is delayed.
In the event that no-one is present at the specified delivery address at the time of delivery, the courier utilised by Tehini shall leave a note for you in respect of such attempted delivery. The courier shall make a second attempt to deliver the goods, and in the event that no-one is present at the specified delivery address upon the second attempt, the courier will return the goods to Tehini, and a refund will be processed in respect of the price of such goods. You will be contacted in this event, so that you may select the preferred refund method.
Delivery is considered complete as soon as the order is accepted and signed for by you, or a person on your behalf, at the specified delivery address.
In the event that an order is lost whilst out for delivery to you, a replacement order will be sent to you as soon as reasonably possible, and so long as there is stock available. In the event that stock is not available, you will be refunded the cost of the goods, and the delivery fee.
Tehini complies with the Consumer Protection Act 68 of 2008 (“CPA”) in respect of the sale of goods and with articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
Tehini does not warrant that the website is free of errors and/or omissions and/or that the website or server that makes the website available is free of viruses and/or any other harmful components.
Tehini shall not be held responsible for any errors and/or omissions, and/or malfunctions, and/or interrupted service and/or damages sustained as a result of there being a virus on the server which makes the website available.
Tehini, its employees, its officers, its director, its affiliates, its agents, and any of its representatives shall not be held liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the website or its content, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products or otherwise arising out of or in connection with these terms and conditions, even if Tehini has been advised of the possibility of any such damages.
14. COPYRIGHT AND INTELLECTUAL PROPERTY
The contents of the website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the website ( hereinafter referred to as the content”) are protected by law, including but not limited to copyright and trade mark law.
The website content is the property of Tehini and by your use of the website you will not acquire any right, title or interest in or to the website or the content
Any use, distribution or reproduction of the content is prohibited unless permitted law.
15. LINKS TO THIRD PARTIES
On occasion Tehini may post links to thirty party owned and operated websites. Tehini is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit/access these websites entirely at your own risk.
16. USE OF THE WEBSITE
Tehini may deny you access to the website at any time in its sole and absolute discretion. Tehini shall do so in circumstances where it reasonably believes that your use of the website is in breach of any of these terms and conditions and/or applicable laws.
17. LINKS, FRAMING, SPIDERS AND CRAWLERS
No person, business or website may be linked to any page on this site without prior written permission from Tehini.
By using the website, you agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised representative of Tehini.
18. DATA PROTECTION
In the event that any of the clauses herein are declared unenforceable, you agree that each offending provision shall be severable from the remainder of these terms and conditions, which shall remain valid and binding between you and Tehini.
20. SUB-CONTRACTING AND ASSIGNMENT
Tehini reserves the right to sub-contract, transfer, assign or novate all or any of its rights and obligations provided that your rights not affected.
You may not sub-contract, assign or otherwise transfer any of your rights or obligations without Tehini’s consent in writing.
21. EVENTS BEYOND REASONABLE CONTROL
Tehini will be not held responsible for any delay or failure to perform or comply with its obligations when the delay or failure arises from any cause which is beyond Tehini’s reasonable control.
No relaxation or indulgence granted by Tehini to you shall be deemed to be or interpreted as a waiver of any of Tehini’s rights in terms hereof.
23. APPLICABLE LAW AND JURISDICTION
These terms and conditions and the website are subject to the laws of the Republic of South Africa.
Should Tehini be obliged to take legal action to enforce its rights in terms hereof, you agree and consent to the jurisdiction of the Magistrates Court, irrespective of the quantum of the claim involved. Your consent to the Magistrate’s Court jurisdiction does not preclude Tehini from proceeding to enforce its rights in any other court of competent jurisdiction.
In the event of Tehini being forced to take legal action to enforce its rights in terms hereof, then you shall be liable for the Tehini’s costs on the attorney/client scale.
24. CORPORATE INFORMATION
Company Name: Tehini Fitness (Pty) Limited
Company Registration Number: 2016/303516/07
Physical Address for legal notices: 16 Jorissen Street (corner of De Korte Street)
Telephone Number: 079 019 9412
Directors: Bronwyn Ho