We are delighted to welcome you to the Eagleharm Engineering online sales website (hereinafter referred to as the “Site”).
Please take the time to read these terms and conditions carefully. Unless stated otherwise herein, the relationship between ourselves and the Site Users is exclusively governed by these Terms and Conditions, which are deemed to have been read and accepted by the User. If you do not agree to these terms and conditions in their entirety, please do not use the Site.
From time to time, when you use particular services or purchase products on this Site, you may receive additional guidelines, rules and policies applicable to such services and products, all of which are hereby incorporated by reference and will apply to your use of the Site.
We may from time to time amend these Terms and Conditions by posting such changes on the Site. Use by you after such change has been posted shall constitute acceptance of such changed terms.
For the meaning of the definitions used in these Terms and Conditions, please refer to section 17.
PLEASE NOTE THAT ALL PRODUCTS ARE ONLY OFFERED FOR SALE ONLINE AND CAN’T BE PURCHASED OVER THE COUNTER.
Eagleharm Engineering (Proprietary) Limited, Registration Number 1970/004675/07 is the seller of the products displayed on the Site. Eagleharm Engineering (Proprietary) Limited has its registered office at Unit 9, No 9 Beechfield Crescent, Springfield Park, Durban, 4091.
2. ACCURACY OF CONTENT
We use our best efforts to keep the information on the Site updated. However, it is not possible to guarantee the complete absence of errors on the Site. The information and other material published on this Site may include inaccuracies or typographical errors. The weights, dimensions and volumes of the products are approximate only. We have made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the specifications and colours of the products for sale. However, we cannot guarantee that your screen’s display will accurately reflect the colour of the product on delivery. Changes are periodically made to the information on the Site without notice to you. We reserve the right to change the Site at any time, in our discretion. We do not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. We shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
The price of the products you order is the price that is displayed on the Site at the time you confirm your order and will be confirmed on the e-mail confirmation confirming receipt of your order. All prices are displayed in Rands (ZAR), exclusive of VAT and of forwarding charges.
If an error is found in the price of the products you have ordered or in the delivery charge, we will inform you as soon as possible after we become aware of such error and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund you for the sum that has been debited from your credit card for the products.
4. ONLINE ORDERING
You can only place an order if you are an adult aged 18 or over.
The following steps apply to online ordering:
You select the products you wish to purchase and add these to your basket;
You choose your delivery method;
You enter the delivery address;
You enter your billing address together with the payment information;
You will be asked to accept the Terms and Conditions;
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order, including the shipping charges.
After submitting your order we will send you an e-mail confirming receipt of your order.
If you pay by credit card, you will receive an e-mail containing your payment status.
As soon as the goods are shipped, you will receive a notification (the “Shipping Notification E-mail”).
Please take note that all orders are subject to availability of the products at the time of dispatch.
We reserve the right to cancel your order for any reason.
We retain the right, title and interest in the sold goods until we have received full payment of the price and shipping charges, and possible late payment interest.
6. SALE AGREEMENT
No sale agreement will exist between you and ourselves until we dispatch the products ordered. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents a binding offer by you to purchase our products. The sale will only be binding on us once we have notified you by means of the Shipping Notification E-mail that the goods have been dispatched to you.
We reserve the right to refuse an order, wholly or partially, in the following cases:
- If the product is not available;
- If your billing information is not correct or not verifiable;
- If your order is flagged up by the security systems as an unusual order or an order susceptible of fraud;
- If your bank transfer payment/reservation is not received timeously;
- If we have reason to believe you are under 18;
- If we have reason to believe you are a reseller;
- If there was an error in the price quoted;
- If we could not deliver to the address provided by you;
- In the event of force majeure.
7. GOODS LISTED FOR SALE
Unless expressly specified to the contrary, goods listed on the site are new.
Goods which are expressly listed as used or second hand, are sold voetstoots and we give no warranty as to their condition and you accept all risk in and to these goods. We accept no liability for any damage you may suffer as a result of your purchase and use of these items.
Certain items are sold as “new” in their original packaging and have not been used but the date of manufacture is not current. In this event you purchase such goods on the express understanding that they are not replaceable and any warranty which may have been applicable has expired. We accordingly give no warranty or undertaking as to the condition or suitability of these goods and will not accept any returns.
8. DELIVERY RESTRICTIONS
PO Box addresses and military APO addresses are not accepted.
We will only deliver to a physical address within the Republic of South Africa
Deliveries will be effected during weekdays, except if it is a public holiday.
We will use all reasonable efforts to deliver the products ordered within the timescales indicated on the individual order confirmation to the User. Such timescales are estimates; they are not guaranteed delivery times and should not be relied upon. Erroneously communicated addresses are the responsibility of the User and may lead to extra charges that will be recovered from the User.
All goods will be dispatched from our premises. If your product is not delivered within the specified timescale, please contact us with your client number or order number. If you have not received any item you ordered after 30 days from the date of the Shipping Notification E-mail, you will have the option to cancel your order and request a full refund.
We only ship via reputable couriers. We always require someone to sign off for delivery. You accept that a delivery is signed off for by a person other than the User, provided that such person is present at the indicated address and an adult of 18 years or over. If there is no one present at the time of delivery, you will be asked to contact our courier service to arrange an alternative delivery date.
10. DEFECTIVE PRODUCT OR WRONG DELIVERY
You must check whether your shipment is correct upon delivery. If there are discrepancies or problems with your order, please follow the returns procedure described under Section 11 – “Returns”. In respect of faulty goods or goods being returned due to our error we will also refund any cost incurred in returning the item. Subject to availability, we will send you a new Shipping Notification E-mail and we will automatically and immediately ship to you at our own cost the correct replacement product.
Please follow the procedure below if you are to return any products under clause 10 above or as a result of incorrect products being delivered or in any other circumstances that we agree with you for a return to be made.
Please email email@example.com. We will e-mail you a return number together with the return instructions.
Please pack the item/s to be returned (only unused items, with authentic labels, use instructions, guarantee leaflets and other hangtags and wrappings) in the original packaging to prevent damage while in transit.
We will arrange the pick up by our courier as soon as possible and in any event within 14 calendar days from the date you notified us of your return request.
In the event that you have not complied with all of the return requirements, we will advise you by email to clarify why we have not been able to approve it within 14 days.
Only goods purchased online on the Site can be returned.
12. LIMITATION OF LIABILITY
The terms and conditions of this Agreement do not affect your statutory rights. We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Site, its content or any link to another website arising in contract, delict (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence or wilful misconduct.
We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the sale agreement for:
(a) Any losses which are not foreseeable by both parties to the sale agreement at the time such sale agreement is formed arising in connection with the supply of the products or their use by you;
(b) any losses which are not caused by any breach by us;
(c) business or trade losses.
Our entire liability in connection with the sale agreement will not exceed the purchase price of the products in question.
(a) Warranty in terms of Section 56 of the Consumer Protection Act:
Consumers are entitled to the warranty as prescribed in Section 56 of the Consumer Protection Act, 68 of 2008 (CPA). It covers lack of conformity of the goods at the time of the delivery. It applies only to new goods. We undertake to replace or repair the concerned goods (or parts) free of charge, or to refund you, in the event that the goods, within six months after delivery, fail to satisfy the requirements of Section 55 of the CPA. We reserve the right to exchange the article if the costs for a repair are disproportionate, or if a repair is impossible. This warranty is subject to the goods not having been altered in anyway contrary to instructions or having been misused or damaged as a result of failure to maintain or comply with any applicable usage, installation, storage or other instructions specific to the goods. This warranty does not apply to used or second goods or to goods which are listed as “new” but the manufacturer’s warranty has expired (see clause 7)
(b) Commercial Warranty:
We may also offer an additional commercial warranty on certain products. For details of this warranty, please refer to the warranty card and/or to the Site.
14. QUESTIONS, COMPLAINTS, COMMENTS OR SERVICE CONTACT
If you have any questions about this Site, or if you have technical problems in accessing information on our Site, please contact: firstname.lastname@example.org
15. USE LIMITATIONS AND INTELLECTUAL PROPERTY RIGHTS
All brand names, product names and titles used on the Site are trademarks or trade names of Eagleharm Engineering or third party trademarks or trade name holders. You are not allowed to use or reproduce any such trademarks or trade names as they may constitute an infringement of the holders’ rights. All Site design, texts, documents, images and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright of Eagleharm Engineering or its suppliers. You are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. You are not allowed to make any other use of the information and materials on the Site, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain our prior written consent.
Within the scope of these terms and conditions, the terms listed hereafter shall be deemed to have the following meaning, unless explicitly mentioned otherwise:
Terms and Conditions: these terms and conditions and all its additions or updates.
Order: the result of the ordering process as described in clause 4 of the Terms and Conditions.
User: someone who by entering the address of this Site or by following a link visits this Site and uses it for informative purposes or to place an order.
We/us: Eagleharm Engineering (Pty) Limited, Registration Number 1970/004675/07, with registered office at Unit 9, No 9 Beechfield Crescent, Springfield Park, Durban, 4091.
Site: this website www.eagleharmengineering.co.za
18. GOVERNING LAW
Any dispute regarding the validity, the interpretation and/or the execution of the Terms and Conditions is solely governed by the laws of the Republic of South Africa. This clause does not affect your statutory rights. The User agrees that in the event of a dispute with respect to the use of the Site, electronic evidence (e.g. e-mails, back-ups, etc.) can be used as valid evidence.
If any of the Terms and Conditions may be declared null and void or not applicable, the other terms and conditions will remain valid and the portion declared null and void will remain applicable within the boundaries set by law.
19. ENTIRE AGREEMENT
These Terms and Conditions supersede all prior terms applied with the User.
For any questions, remarks or technical issues with respect to this Site, please contact us.
These terms and conditions were last updated on 21 March 2018.