Article 1 - Integrality
The present terms represent all obligations of the parties. This contract is concluded between a consumer and Apex Sport (PTY) LTD in the case of a system of selling goods at a distance.
In this sense, the consumer is deemed to accept without reservation all the provisions of these terms. No general or specific condition appearing in documents sent or given by the consumer may be incorporated herein, since these documents are inconsistent with these terms.
Article 2 - Object
The present general conditions are intended to define the rights and obligations of the parties as part of the online sale of goods offered by Apex Sport (PTY) LTD to consumers.
The consumer declares, prior to their order, that the acquisition of these products is not directly related to their professional activity, their acquisition being reserved for personal use.
As a consumer, the customer has specific rights, which would be jeopardized in the event that the goods or services purchased through the website were in reality related to their professional activity.
Article 3 - Contractual documents
This contract consists of the following contractual documents, presented in descending order:
- the present general conditions
- the pricing structure for shipping of goods
- the order form
In case of conflict between the provisions contained in the documents of different ranks, the provisions of the document of higher rank will prevail.
Article 4 - Validity and duration
These conditions come into force on the date of confirmation of the order. These general conditions are concluded for the time necessary for the provision of goods purchased, until the expiry of the guarantees legally owed by the seller.
Article 5 - Order confirmation
All contractual information will be confirmed via e-mail no later than the time of delivery or failing that, to the address specified by the consumer in the purchase order.
Article 6 - Proof of transaction
The records stored in Apex Sport (PTY) LTD's computer systems under conditions of reasonable safety, will be considered proof of communication, orders and payments between the two parties. The filing of purchase orders and invoices is done on a reliable and durable media which can be produced as evidence.
Apex Sport (PTY) LTD can in no way be held liable for any loss of data following an incident in which they are not responsible.
Article 7 - Product information
Apex Sport (PTY) LTD displays products for sale on their website with the necessary characteristics to allow the potential consumer to discover, before ordering, any essential information on a particular product required before buying.
The descriptions, characteristics and illustrations of our products are produced with the greatest of care. Errors can appear however, as well as modifications carried out by Apex Sport (PTY) LTD. We therefore take no responsibility for such disparities, nor can the validity of the transaction be called into question.
Article 7.2 :
The present online offers are valid while stocks last. If the article is not in stock, the order will not be possible, with the consumer being alerted to any error as quickly as possible.
Article 7.3 :
Before using your new COMMENCAL bike for the first time you should check every element is working properly, fine tune your equipment settings (transmission, shock absorbers) and adapt your position to fit your morphology.
Article 8 - Pricing
All pricing is in ZAR. Pricing does not include transport costs which are added to the final invoice, and are indicated before final confirmation of the order. Pricing takes into account the VAT applicable on the day of the order. Payment of the totality of the order must be completed during the order process. At no point can any amount submitted be considered as a deposit.
In the case of an export sale, all applicable taxes in the buyers country remain the responsibility of the buyer.
Apex Sport (PTY) LTD reserves the right to modify pricing at their discretion. Any pricing modifications will be signaled to the buyer before any order throughout the year depending on exchange rates and the increase in price of raw materials.
Article 9 - Method of payment
We trust PayFast to securely and safely handle payments. Your order will only be confirmed once payment has been received by Apex Sport (PTY) LTD.
Article 10 - Product availability
In the case of product unavailability, particularly dependent on our suppliers, the consumer will be informed as quickly as possible and will have the possibility to cancel their order or to transform it. In the event of an order cancelation, we hereby commit to reimburse the consumer or issue an exchange voucher as quickly as possible.
Article 11 - Delivery procedure
Products are delivered throughout South Africa to the address indicated by the consumer on the order form.
Any delivery anomaly (missing parcel, missing product as listed on the order form, damaged parcel, broken products, etc) should be indicated on the delivery form accompanied by the customers signature.
The consumer will need to confirm this anomaly by addressing the reclamations in a letter to the delivery company within two (2) days via recorded delivery letter with counter-signature.
The consumer will need to transmit a copy of the annotated delivery note via mail to Apex Sport (PTY) LTD.
The consumer is responsible for verifying the condition of the parcel(s) and the number of parcels delivered in the presence of the delivery driver. In case of doubt, the consumer should refuse the delivery and inform Apex Sport (PTY) LTD.
All our expeditions are covered by insurance corresponding to the value of the parcel and is taken care of by our company.
Article 12 - Delivery times
Delivery times are generally 72 hours (once payment has been received by Apex Sport (PTY) LTD). Please note that the delivery time indicated is a guide only and can vary. Any eventual delays will not result in compensation, withholding of payment or cancellation of the order by the purchaser.
Article 13 - Withdrawal period
The consumer has a period of fourteen days from the date of receipt of the goods to return the item for an exchange or refund at no charge except for shipping.
Cash on delivery (COD) returns or postage paid by consignee returns will be refused. The goods must be returned to us in as-new unused condition, in its original packaging, and in perfect condition. Returns that do not meet these criteria will not be refunded and remain available to the consumer in our office.
To request a return, contact us here specifying the order number, the reference(s) and reason for the return, and your availability for us to send you a return number.
Article 14 - Delivery errors
The consumer must signal any claim to Apex Sport (PTY) LTD on the day of delivery or at the latest the first day of business after delivery, any claim of error of delivery and/or non-conformity of goods in kind or in quality as specified on the order form. Any claim made after this time will be rejected.
All claims should be made here.
Article 15 - Delivery costs
The shipping costs will be indicated, and added to the total on each order as done by the buyer.
Article 16 - Product guarantee
All COMMENCAL® bicycles and components, sold on the present online store, are subject to the general warranty conditions available here.
All products not within the scope of this guarantee, benefit however from the full legal safeguards in place.
Article 17 - Data protection act
Information collected is necessary for the processing of your order and of the expedition of any future correspondence by Apex Sport (PTY) LTD. If you no longer wish to receive any commercial offers, all you need to do is unsubscribe yourself from the newsletter or send an email to Clara.
Article 18 - Partial non confirmation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or after a final decision of a competent jurisdiction, the remaining provisions will remain in full force and scope.
Article 19 - Non-waiver
The failure of either party not to claim a breach by the other party to any of the obligations under these Terms shall be construed in the future as a waiver of the requirement involved.
Article 20 - Applicable laws
The present general terms & conditions are under the jurisdiction of South Africa law. In the event of a reclamation or a litige, the consumer should first and foremost contact Apex Sport (PTY) LTD so as to find an amicable solution.