This website can be accessed at www.jaycor.co.za and is owned and operated by Jaycor International (Pty) Limited (“Jaycor”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” “purchaser”or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of goods (“Goods”).
General conditions of sale
Prices quoted are net and exclude VAT. Prices are subject to change without prior notice. Prices quotes include packing and cable drums where applicable. Cable drums are non-returnable.
Discounts – We invite customers wishing to place large or recurring orders to contact us for special discounts. Please contact sales@jaycor.co.za or call us on +27 (11) 444 1039 to speak to a Sales Associate.
Availability of our standard stock items is ‘subject to prior sale’. Purchases are only confirmed once a purchase order has been received and an order confirmation sent to you. Non-stocked items are subject to manufacturing lead times and shipping (if applicable). The indicated lead times per product are estimates based on manufacturer and shipping (if applicable)
Product Attributes & Specifications – All product attributes, technical information, recommendations and statements on this website are based on tests and information believed to be reliable, however their accuracy and completeness are not guaranteed. The purchaser and end user must determine the suitability of the product for their particular purposes and must assume all risk and liability in connection therewith. Please download the manufacturers detailed specification and data sheets for detailed product information and specifications. If the specifications or data sheet is not available, please contact our sales department to obtain one.
For custom cable manufactured to customer requirements, we reserve the right to over or undersupply the ordered amount by 5% to 10%.
Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment can be made for Goods via –
Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
Cash payments to the maximum value of R5000 (Five Thousand Rand)
EFT payments, with the proviso that goods will only be released once payment is reflected on our bank statement.
Payment Terms for Account Customers is 30 days from date of invoice.
Delivery of goods
Please refer to our Delivery Policy for full details.
Jaycor’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order.
Jaycor is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
Returns
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).
The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of Jaycor; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Jaycor; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Jaycor to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Jaycor in terms of the CPA.
Jaycor permits the use of this Website subject to the 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.
Registration and use of the website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information to Jaycor. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall be used by you only and will not be disclosed by you to any third party.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Jaycor immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
Errors
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Privacy policy
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
Should you decide to register as a user on the Website, we will require you to provide us with personal information which includes –
your name and surname;
your email address;
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
Subject to clause 9.5 below, we will not, without your express consent:
use your personal information for any purpose other than as set out below:
in relation to the ordering, sale and delivery of Goods;
to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners
to inform you of new features and specials offered by us; and
to improve your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
disclose your personal information to any third party other than as set out below:
to our employees who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
We will ensure that all of our employees having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
We will –
treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
promptly notify you if we become aware of any unauthorised 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, save for that which we are legally obliged to retain.
Jaycor undertakes never to sell or make your personal information available to any third party, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Jaycor is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
Changes to these Terms and Conditions
Jaycor may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Jaycor.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
Disclaimer
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Jaycor takes reasonable measures to ensure that the content of the Website is accurate and complete, Jaycor makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Jaycor’s representatives, Jaycor shall not be bound thereby.
Jaycor disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Any views or statements made or expressed on the Website are not necessarily the views of Jaycor, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Jaycor also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Jaycor, its employees, agents or authorised representatives. Jaycor thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Limitation of liability
Jaycor cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Jaycor, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to sales@jaycor.co.za
JAYCOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE.
YOU HEREBY INDEMNIFY JAYCOR 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.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Jaycor may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Jaycor will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Jaycor is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Jaycor, in whole or in part, on notice to you. Jaycor shall only be liable to refund monies already paid by you (see Jaycor’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
At any time, you can choose to stop using the Website, with or without notice to Jaycor.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with 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.
In the event of any dispute arising between you and Jaycor, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
General
Jaycor may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Jaycor 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 the 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.
These Terms and Conditions contain the whole agreement between you and Jaycor and no other warranty or undertaking is valid, unless contained in this document between the parties.
