All references to “the Company””, “we”, “us” and “our” in these terms and conditions are deemed to refer to “Top Dog Tool Shop” and its holding company, FYREFLY which is a Propriety Limited (PTY) LTD in the Republic of South Africa. All references to “you” and “your” are deemed to refer to any user and /or visitor of www.topdogtoolshop.co.za (“Website”).
These terms and conditions (“Terms and Conditions”) govern your use of the website.
Acceptance of terms
The Company permits the use of this Website subject to the Terms and Conditions (“Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Use of the Website
You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.
You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not 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 Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.
Ownership and Copyright
The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade-marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.
No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact our Admin Manager at 011 425 1240 or e-mail email@example.com
Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
The Company does not accept any responsibility for any errors or omissions on this Website.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
Linked third party websites
This Website may contain links or references to other websites (“Third Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use. Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
We respect your privacy. Should you decide to make use of our Website, the only personal information that we will require of you is the following –
your name and surname;
your email address;
your physical address;
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is:
required in order to comply with applicable law, order of court or legal process served on the Company; and/or disclosure is necessary to protect and defend the rights or property of the Company.
We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
treat your personal information as strictly confidential;
take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
upon your request, promptly return or destroy any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Limitation of liability
the company shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the website and/or any linked third party website.
You hereby indemnify the company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
Changes to these Terms and Conditions
The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Availability and Termination
We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
TERMS AND CONDITIONS OF SALE
Sale of Goods
These Terms and Conditions of Sale govern the sale of products (“Goods”) by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be faxed, posted or emailed to you on demand.
Once you tick the box labelled “I accept”, these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. You may contact us via email at firstname.lastname@example.org to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.
Payment can be made via the Website by:
Direct bank deposit or electronic funds transfer, in which event, you must make payment within 5 days of placing your order, and the Company will not execute the order until receiving confirmation that payment has been received.
Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
CANCELLATION AND REFUND
You are entitled to cancel your order for the Goods, without penalty, within 7 days of the Goods having been delivered to you. In such an event –
You will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement;
You undertake not to utilise the Goods;
And your agreement of purchase will be deemed to have been cancelled,
provided that your right to cancel your order for Goods without penalty set out in this clause , shall not apply where the Goods that you have ordered are newspapers, periodicals, magazines and books, or where audio or video recordings or computer software were unsealed by you.
The Company will deliver the Goods to you as soon as reasonably possible, but no later than 30 days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 5 days of receiving such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver the Goods during the Delivery Period.
Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported as soon as reasonably possible after the product having been delivered to you and must be returned to us within a period of 21 days after delivery. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.
If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us or ask you to return the item to our current warehouse location, dependent on your original order’s shipping method. Should you need to post the Goods to us please only send it to our postal address (available under Contact and Address Details) and you will be credited or refunded for the postage costs incurred, up to a maximum of the whatever the current Company Postal Delivery rate is – see “PO Box Delivery to Main Centres” and “PO Box Delivery to Regional Centres”.
If you are returning Goods via courier or post office please package it carefully so that it does not become damaged en-route. Please include the Returns Request Number and a copy of your original invoice with any return.
If any party (“Defaulting Party”) breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
any amounts that may be due to it in terms of this agreement; and any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
Governing law and Jurisdiction
Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.
Please see the general policies specific by product range.
New Tools and Tool Accessories/Parts
All tools/power tools/accessories/parts must be in new condition showing no signs of use (dirty, changed plugs, scratches, marks, scuffs, chipped paint etc.) to receive a full refund and must be returned in original packaging accompanied by the invoice within 14 days of purchase date.
Defective Tools/Power Tools/Power Tool Accessories/Parts
All new tools carry a one-year manufacturer’s warranty against defects. In certain instances, where clearly marked and identified, the Top Dog 2 Year default warranty is applicable.
Any warranty defined in Top Dog Tool Shop as a Manufacturers Default Warranty is defined as a tool, power tool, accessory or part failing due to poor workmanship on the tool during the manufacturing process. The manufacturers default warranty does not cover any working part which has failed due to reasonable wear and tear, or any abuse or incorrect handling or application of the tool. The manufacturer, within reason, will determine the cause of failure, should and dispute arise.
Accessories do not carry this standard warranty and the warranty marked in the product listing is applicable.
Top Dog Tool Shop may replace the Tool, Power Tool, Accessory or Part immediately if it feels the manufacturer will determine the product is defective.
Tools or Power Tools sent to the manufacturer may take up to 6 weeks to resolve.
Tools or Power Tools that have been abused or damaged in any way whatsoever, or customized, engraved or in any way indelibly marked, etc. will not be replaced.
If the original purchased item is no longer available, credit will be given in the amount of the original purchase price.
If the manufacturer does not replace the tool, power tool, spare part or accessory, it will be returned accompanied by the explanation from the manufacturer.
Used Tools, Power Tools and Accessories
All tools purchased as used (including demonstration units) can be returned within 14 days of the invoice date for a full refund (excluding accessories). If deemed necessary, a handling fee will be charged per tool, and is at the sole discretion of FYREFLY (PTY) Ltd.
Any Tool, Power Tool or Power Tool Accessory
Must be returned in the condition they were received, in the manufacturer’s original packaging.
Do not place any shipping labels or tape directly on the shoe box.
Please make sure that Accessory is clean and free of any other foreign substances before returning them.
Please send the accessory with a note stating if you would like credit or an exchange.
The items in this category do not come with a manufacturer’s warranty.
FYREFLY (PTY) Ltd will accept such defective items provided they are returned within 15 days after the invoice date.
To place an order you will need to open an account which is made as quick, easy and as safe as possible for you. This will enable us to process your orders efficiently and accurately. Please follow the step-by-step process once you have added your items to your “shopping cart” and are ready to “check out”.
The Company hereby selects 21 Ewing Street, Runfield as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium”). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any
force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (“the grantor”) may show grant or allow to the other (“the grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.