National Workshop Supplies – Terms And Conditions
This Agreement was last modified on 01 June 2022.
In General
National Workshop Equipment (www.nwe.co.za) owns and operate this Website. This document governs
your
relationship with www.nwe.co.za. Access to and use of this Website and the products and services
available through this Website (collectively, the “Services”) are subject to the following terms,
conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of
the
Terms of Service, as may be updated by us from time to time. You should check this page regularly to
take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or
amend
the Services without notice. We will not be liable if for any reason this Website is unavailable at
any
time or for any period. From time to time, we may restrict access to some parts or all of this
Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by
www.nwe.co.za. www.nwe.co.za has no control over the Linked Sites and accepts no responsibility for
them
or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be
subject to the terms of use and service contained within each such site.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or
distribute a virus, trojan, worm, logic bomb or any other material which is malicious,
technologically
harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the
Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other
person’s
proprietary rights; send any unsolicited advertising or promotional material, commonly referred to
as
“spam”; or attempt to affect the performance or functionality of any computer facilities of or
accessed
through this Website. Breaching this provision would constitute a criminal offense and www.nwe.co.za
will report any such breach to the relevant law enforcement authorities and disclose your identity
to
them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack,
viruses
or other technologically harmful material that may infect your computer equipment, computer
programs,
data or other proprietary material due to your use of this Website or to your downloading of any
material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made
available to you on or through this Website remains the property of www.nwe.co.za or its licensors
and
are protected by copyright laws and treaties around the world. All such rights are reserved by
www.nwe.co.za and its licensors. You may store, print and display the content supplied solely for
your
own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce,
in
any format, any of the content or copies of the content supplied to you or which appears on this
Website
nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and
conditions. All orders are subject to availability and confirmation of the order price. Dispatch
times
may vary according to availability and subject to any delays resulting from postal delays or force
majeure for which we will not be responsible.
In order to contract with www.nwe.co.za you must be over 18 years of age and possess a valid credit
or
debit card issued by a bank acceptable to us.www.nwe.co.za retains the right to refuse any request
made
by you. If your order is accepted we will inform you by email and we will confirm the identity of
the
party which you have contracted with. This will usually be www.nwe.co.za or may in some cases be a
third
party. Where a contract is made with a third party www.nwe.co.za is not acting as either agent or
principal and the contract is made between yourself and that third party and will be subject to the
terms of sale which they supply you. When placing an order you undertake that all details you
provide to
us are true and accurate, that you are an authorized user of the credit or debit card used to place
your
order and that there are sufficient funds to cover the cost of the goods. The cost of foreign
products
and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your
order:
this email will only be an acknowledgement and will not constitute acceptance of your order. A
contract
between us will not be formed until we send you confirmation by e-mail that the goods which you
ordered
have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of
dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are
accurate, errors may occur. If we discover an error in the price of any goods which you have ordered
we
will inform you of this as soon as possible and give you the option of reconfirming your order at
the
correct price or cancelling it. If we are unable to contact you we will treat the order as
cancelled. If
you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs
will
be charged in addition; such additional charges are clearly displayed where applicable and included
in
the ‘Total Cost’.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure
there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation
being
received. The monies received upon the debiting of your card shall be treated as a deposit against
the
value of the goods you wish to purchase. Once the goods have been despatched and you have been sent
a
confirmation email the monies paid as a deposit shall be used as consideration for the value of
goods
you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties
as
to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law
www.nwe.co.za and its suppliers, content providers and advertisers hereby expressly exclude all
conditions, warranties and other terms which might otherwise be implied by statute, common law or
the
law of equity and shall not be liable for any damages whatsoever, including but without limitation
to
any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of
use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of
procurement of
substitute goods and services, arising out of or related to the use, inability to use, performance
or
failures of this Website or the Linked Sites and any materials posted thereon, irrespective of
whether
such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common
law
or otherwise. This does not affect www.nwe.co.za’s liability for death or personal injury arising
from
its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any
other
liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, 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 Website must not be framed on any other site,
nor
may you create a link to any part of this Website other than the home page. We reserve the right to
withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except
where expressly stated to the contrary all persons (including their names and images), third party
trade
marks and content, services and/or locations featured on this Website are in no way associated,
linked
or affiliated with www.nwe.co.za and you should not rely on the existence of such a connection or
affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark
owners. Where a trade mark or brand name is referred to it is used solely to describe or identify
the
products and services and is in no way an assertion that such products or services are endorsed by
or
connected to www.nwe.co.za.
Indemnity
You agree to indemnify, defend and hold harmless www.nwe.co.za, its directors, officers, employees,
consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or
costs (including, but not limited to, legal fees) arising from your use this Website or your breach
of
the Terms of Service.
Variation www.nwe.co.za shall have the right in its absolute discretion at any time and without
notice
to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude
our
liability to you) the enforceability of any other part of the Terms of Service will not be affected
all
other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or
part
of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be
interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted
in
such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by
law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they
first
arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights
and
remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all
preceding and contemporaneous agreements between you and www.nwe.co.za/. Any waiver of any provision
of
the Terms of Service will be effective only if in writing and signed by a Director of
www.nweshop.co.za
For information about how to contact us, please visit our contact page.