Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products), services (Services) or digital content (Content) listed on our website www.oneflexbox.com/za (site) to you.
Please read these terms and conditions carefully before ordering any Products, Services or Content from our site. You should understand that by ordering any of our Products, Services or Content you agree to be bound by these terms and conditions. In these terms and conditions, we may use the terms “Products”, “Services” and “Content” interchangeably and reference to any one of these terms, shall include the others, where appropriate.
You should print a copy of these terms and conditions for future reference. Please click on the button marked "I Accept" at the end of the purchasing form conditions if you accept them.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products, Services or Content from our site.
1. INFORMATION ABOUT US
www.oneflexbox.com/za is a site operated by Flexbox Pty Ltd, Registration Number: xx (hereinafter referred to as “Flexbox”, “we”, “us”, “our”, “it” or “its”, as appropriate). We are a registered private profit company in South Africa with VAT registration number: VAT # and with our principal place of business at xx
2. SERVICE AVAILABILITY
Our site is only intended for use by people who are either resident in South Africa or the United States are purchasing Products, Services or Content to be delivered in South Africa of the United States. We do not currently accept orders for deliveries to any other countries.
3. YOUR STATUS
3.1 By placing an order through our site, you warrant and represent to us that: (a) You are legally capable of entering into binding contracts; (b) You are at least 18 years old; (c) You are purchasing the Products, Services or Content for your own personal and non-business use; and (d) You are purchasing Products, Services or Content for delivery in South Africa of The United States.
3.2 Any personal data that we gather concerning you shall be used only in accordance with our Privacy Policy & General Terms of Use.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Your order constitutes an offer to us to buy a Product, Service or Content. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed and binding between us, when we send you the Order Confirmation.
4.2 The Contract will relate only to those Products, Services or Content whose dispatch or supply we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products. Services or Content which may have been part of your order unless such Products, Services or Content have been confirmed in a separate Order Confirmation.
5. CANCELLATION RIGHTS
5.1 You may cancel the Contract for; (i) a Product at any time within 10 business days, beginning on the day after you received the relevant Product or (ii) Services or Content, at any time within 10 business days after you receive the Order Confirmation unless you have arranged to receive the Services or Content within that time, in which case you may cancel at any time up until you receive the Services or Content (Cancellation Period). In this case, you will receive a full refund of the price paid for the Products, Service or Content in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel the Contract, you must inform us in writing within the Cancellation Period. Please use one of the methods set out in clause 9.1 below. You must also return any related Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. AVAILABILITY AND DELIVERY
6.1 We will agree a delivery date for Products and a start date for Services or Content with you, as relevant, and set these out in the Order Confirmation or otherwise confirm it to you in writing. 6.2 The cost of delivery will be included in the Order Confirmation.
6.3 If our supply of Products, Services or Content is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the Contract and receive a refund for any Products you have paid for but not received.
6.4 Should we be required to store the Products as a result of your inability or unwillingness to take delivery thereof, we will have the right to charge you a daily storage fee, which shall be paid by you, prior to delivery. We shall not be obliged to store the Products for a period exceeding 6 weeks from date of the Order Confirmation and should you not accept delivery within this time period, we may resell the Products and any costs and expenses incurred as a result of storage, may be deducted from any payment you have made. The costs of storage shall include removal and/or relocation of the Products from one storage facility to another storage facility and shall be calculated per square metre plus labour and transport costs, if applicable.
7. RISK, TITLE AND OWNERSHIP
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7.3 You shall have no claim of ownership to the Products, or claim for retention, or any lien of whatever nature in respect of the Products, until the purchase price has been paid in full and until such time, the Products shall not attach to any other property, whether moveable or immoveable, so that they accede thereto and you undertake, upon written request to do so, to provide us with a written waiver of accession from any person from whom we may require such waiver.
7.4 If required by us, you shall provide us with a letter from the owner/lessor of the premises where the Products are to be installed to the effect that such owner/lessor is aware of the fact that ownership of the Products vests with Flexbox and if required, this letter shall be delivered to us before the Products are delivered to you.
7.5 If the Products are required to be stored by Flexbox as provided for in clause 6.4, the risk of loss or damage thereto shall pass to you from the date they are delivered into storage.
8. PRICE AND PAYMENT
8.1 The price of any Products, Services or Content will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Unless we have explicitly stated otherwise, our prices are exclusive of any applicable VAT and delivery costs, which will be added to the total amount due. If the rate of VAT changes between your order date and the date we supply the Products, Services or Content, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4 We are under no obligation to provide the Products, Services or Content to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
8.5 Payment for all Products or Services must be by credit or debit card. You can find a full list of the cards that we accept together with any special payment terms (if any) in clause 8.7 below. We will not charge your credit or debit card until we either despatch your order, or we have to store your Products as provided for in clause 6.4.
8.6 Payment must be made in a single installment, prior to delivery, which can be made as follows: (a) Credit card: using American Express, VISA and Mastercard guaranteed WorldPay. The order will transit through the information systems of WorldPay, which will confirm the validity of the card to Flexbox. (b) Wire transfer:
Account Holder: Flexbox (Pty) Ltd Bank :
Account Number: Branch Number:
Swift code:
8.8 In case of payment by credit card, stipulation of the contract will require confirmation of the economic transaction by Flexbox’s bank. In case of payment by wire transfer, Flexbox must receive proof of payment in the form of bank confirmation within 7 days from receipt by you of the Order Confirmation and if such bank confirmation is not received within the above time period, we shall have the right to consider your order null and void and no Contract shall exist between us. Delivery is subject to proof of payment and the time period within which delivery must be effected, shall commence on the date we receive proof of payment to our satisfaction. 9.
9. OUR REFUNDS POLICY
9.1 If you would like to cancel the Contract on the basis provided for herein, or return a Product to us, you are requested to email us, using the following contact details and in your email you must quote your Order Confirmation number for our reference purposes. Our contact details for cancellation of your Contract, or return of a Product, are the following: Flexbox (Pty) Ltd Address: South Africa Phone number:
9.2 When you return a Product to us: (a) because you have canceled the Contract between us within the Cancellation Period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the Product to us and we shall be entitled to deduct such costs from the refund. (b) for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.3 We will usually refund any money received from you using wire transfer.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 You can always end the Contract on the terms provided for herein. Your rights will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract: (a) If what you have bought is faulty or misdescribed you may have a right to end the Contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11; (b) If you want to end the Contract because of something we have done or have told you, see clause
10.2; (c) If you have just changed your mind about the product, see clause 5. 10.2 If you are ending the Contract for a reason set out at (a) to (c) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an error in the price or description of the Products, Service or Content you have ordered and you do not wish to proceed; (b) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or (c) you have a right to end the Contract because of something we have done wrong.
11. YOUR KEY LEGAL RIGHTS
We are under a legal duty to supply Products, Services or Content that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Products, Services or Content. Nothing in these terms will affect your legal rights.
Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions.
Your rights as a consumer of our Products, Services or Content are protected by the Consumer Protection Act, 68 of 2008, as amended (“Act”). This is a short summary of certain of your rights in terms of the Act: a) We may not unfairly exclude any person or category of persons from accessing any Products offered by us on the basis of one or more grounds of unfair discrimination contemplated in Section 9 of the Constitution; b) You have a right to restrict unwanted direct marketing and you may refuse to accept any approach or communication if such approach or communication is primarily for the purpose of direct marketing to you; c) You may cancel this Contract resulting from any direct marketing without reason or penalty, by notice to us in writing, within 5 days after the date on which the Contract was concluded, or the Products were delivered to you. In such event, we must return any payment received from you within 15 business days after receiving your notice of cancellation; d) If you purchased Products solely on the basis of a description or sample provided by us, the Products delivered to you must in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description, or on the reasonable examination of the Products; e) When we tender delivery of any Products, we must on request by you, allow you a reasonable opportunity to examine those Products for the purpose of ascertaining whether you are satisfied that they are of a type and quality reasonably contemplated in the Contract; f) You have a right to return unsafe or defective Products; g) You have a right to demand quality service. When we undertake to perform any Services for or on your behalf, you have a right to the timely performance and completion of those Services and the Services should be performed in a manner and quality that persons are generally entitled to expect; h) You have a right to receive Products that are reasonably suitable for the purposes for which they are generally intended, are of good quality, in good working order and free of defects and will be useable and durable for a reasonable period of time; i) If your Contract is in respect of the supply of Products, there is an implied provision that the producer or importer, the distributor and retailer each warrant that the Products comply with the requirements and standards contemplated in clause (h) above; and j Within 6 months after the delivery of any Products to you, you may return the Products to us without penalty and at our risk and expense, if the Products fail to satisfy the requirements and standards contemplated in clause (h) above.
12. OUR WARRANTY
12.1 Subject to these terms and conditions, we provide the warranties set out in the Warranty Card at Appendix 1.
12.2 The warranties contained within the Warranty Card do not apply to any defect in the Products arising from fair wear and tear, wilful damage or neglect, accident, abnormal storage or working conditions, negligence by you or any third party, if you use the Products in a way that we do not recommend (including but not limited to using the products in any non-residential or commercial environment whatsoever), if you fail to follow our oral or written instructions, or if there is any alteration or repair of the Products carried out without our prior written approval.
12.3 The warranties set out in the Warranty Card do not apply to xx.
12.4 Any exchanged parts and products replaced under the Warranty Card will become our property.
12.5 We warrant that any Service that we provide to you will be performed with all reasonable skill and care and in accordance with applicable law.
13. OUR LIABILITY
13.1 If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarized in clause 10; and for defective products under the Consumer Protection Act, 68 of 2008.
13.3 We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 We are not responsible for any damage to property and/or injury to persons as a result of the Products not being used in accordance with the instructions in the user manual or in any other document or warning affixed to the Products, or resulting from use that does not correspond to the contents of the user manual or any other document or warning accompanying the Products.
13.6 We are also not responsible for any damage or injury deriving from use of the Products by individuals whose physical condition or health is inappropriate. You should ensure that all users check beforehand that their physical fitness is compatible with using the Products and carefully read the user manual before using the Products to ensure that they are used correctly.
14. WRITTEN COMMUNICATIONS
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When new use the words “writing” or “written” in these terms and conditions, this includes emails.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. WAIVER
Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18. SEVERABILITY
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. LAW AND JURISDICTION
These terms and conditions are governed by South African law and you can bring legal proceedings in respect of the Products, Services or Content in the South African courts. By ordering any of our Products, Services or Content, you submit to the jurisdiction of the South African High Court to determine and rule on any matter relating to your Contract with us.
12. BREACH
Flexbox shall be entitled to cancel the Contract with you immediately and with written notice to you on the occurrence of any one or more of the following events:
20.1 If you fail to make any payment due in terms of the Contract, on due date;
20.2 If you commit any other breach of the Contract and you fail to remedy same within 7 days from the date on which we call upon you in writing to do so;
20.3 If you are a legal person (company or close corporation) and is placed under any order of liquidation or business rescue prior to payment of the purchase price for the Products, Services or Content being made in full according to these terms;
20.4 If the purchaser is an individual (you personally), trust or partnership and if the estate of that individual, trust or any partner is surrendered as insolvent, or if the estate is provisionally or finally sequestrated prior to payment of the full purchase price for the Products, Services or Content being made.
APPENDIX 1
WARRANTY CARD
This Warranty Card is collateral to the Flexbox Pty Ltd Terms and Conditions of Sale and is expressly incorporated into the Contract. (i) We warrant new Flexbox branded Products to be free of defects in materials and workmanship for a period of xx years from the date of delivery. During such period any servicing or rectification required due to such defects shall be carried out by us without charge. a. In respect of resistance equipment the warranty will extend to the following products from the date of installation: a.1 box for 5 years; a.2 mechanical components for 2 years; a.3 rubberised materials and cables for 12 months; a.4 upholstery for 6 months. (ii)
We warrant all Flexbox branded Products refurbished by us to be free of defects in materials and workmanship for a period of one year from the date of delivery. (iii) Products have been designed to facilitate its inclusion and use in domestic environments, therefore the warranty conditions for these Products are automatically void whenever they are placed in non-domestic environments for Public Activities. Such environments shall include but are not limited to fitness centers or similar environments. ‘Public Activities’ means any activity outside of residential use. (iv) No other conditions or warranties expressed or implied shall apply except in so far as
they are bound by law. (v) The warranty cover will not extend to the following: a defects resulting from misuse; or neglect of; or accident to the Products by you; B any Products which have not been kept or operated by you in accordance with our or the manufacturer’s manuals or instructions; c any Products that have not been kept in a suitable environment