Terms and Conditions
BEARINGS ONLINE SA TERMS & CONDITIONS
Article 1. Definitions
Seller: The user of these general terms and conditions
Buyer: The seller’s opposite party, acting in the course of business
Agreement: The agreement between buyer and seller
Article 2. General
- Bearing’s Online SA is a business in the mechanical industry that wholesales.
- The provisions of these general terms and conditions apply to every offer and every agreement between Seller and Buyer to which Seller has stated these general terms and conditions to apply.
- The present general terms and conditions are also applicable to all agreements with Seller, for the execution of which third parties have to become involved.
- If there is uncertainty regarding the interpretation of one or more provisions of these general terms and condition, then the interpretation must take place ‘in the spirit’ of these provisions.
- If a situation occurs between Seller and Buyer which is not regulated in these general terms and conditions, then this situation must be assessed ‘in the spirit’ of these general terms and conditions.
Article 3. Execution of the agreement
- If the Agreement is entered into in writing, this comes into effect on the day of signing of the Agreement by the Seller, respectively on the day of sending of the written agreement by the Seller.
- Verbal promises by and arrangements with Seller’s employees do not bind the Seller, unless and insofar as they are confirmed by Seller in writing.
- Seller will execute the agreement to the best of his knowledge and abilities and in accordance with the requirements of good workmanship.
- Seller is not liable for damage, of whatsoever nature, because Seller has used incorrect and/ or incomplete data provided by Buyer.
Article 4. Delivery
- Delivery takes place from the warehouse of Seller
- Subject to availability and receipt of payment, requests will be processed within 1 day and delivery confirmed by way of waybill number.
- Buyer is obliged to take delivery of the products at the moment that Seller delivers these to him, or has it delivered.
- If Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, Seller is entitled to store the products on the account and risk of Buyer.
- If the products are delivered Seller is entitled to charge any delivery costs. These will in that case be invoiced separately.
- The delivery date is based on the applicable working conditions at the time of the entering into the Agreement and on the timely delivery of the materials ordered by the Seller for carrying out of activities. If through no fault of the Seller, delay occurs resulting from alteration of the working conditions mentioned or because materials ordered in time for carrying out of the work are not delivered in time, the delivery date is extended insofar as necessary
Article 5. Refund & returns policies
- Buyer is bound to inspect (have inspected) the products at the moment of delivery (transfer), but in any event within 24 hours. Buyer has to thereby inspect if quality and quantity of the products corresponds to that which is agreed.
- Any visible defects or shortcomings must be notified in writing to Seller within three days from delivery. Non-visible defects or shortcomings must be notified in writing, stating reasons, within 7 days from delivery.
- If Buyer wishes to return defective products, then this takes place with prior written permission of the Seller in the manner as stated by Seller.
- If Buyer does not complain to Seller in writing within 7 days from delivery or delivery of goods, Buyer will be deemed to have accepted the goods.
- If Seller, in the execution of the Agreement, has made products available to Buyer, Buyer is bound to return the products thus delivered within 14 days in the original state, free of defects and complete. If the Buyer does not fulfil this obligation all costs ensuing from this will be at the expense of Buyer.
- If Seller, in the execution of the Agreement, has made products available to Buyer, Buyer is bound to return the products thus delivered within 14 days in the original state, free of defects and complete. If the Buyer does not fulfil this obligation all costs ensuing from this will be at the expense of Buyer.
Article 6. Payment
- Payment must take place within the agreed payment term, in a manner to be stated by Seller in the currency in which it is invoiced. Seller is entitled to periodically invoice.
- If Buyer fails to pay within the agreed period, the Buyer is legally in default. In that case Buyer owes an interest equal to the statutory interest.
- Objections to the amount of the invoices do not suspend the payment obligation.
Article 7. Guarantee
- Seller guarantees that the products to be delivered fulfil the usual requirements and standards.
- The Buyer must notify the Seller of the defects within 14 days from having noticed these or reasonably ought to have noticed.
- If the products to be delivered do not fulfil these guarantees, Seller will either replace or return the purchase price, at the choice of Seller, within a reasonable period from receipt thereof, or if returning is not reasonably possible, receive written notification regarding the defect by Buyer.
- In case of replacement, Buyer hereby already binds himself to return the replaced products to Seller and to transfer the ownership to Seller. If it appears that Seller is not able to deliver the products to be replaced, the Buyer cannot hold the Seller liable for any damage resulting in whatsoever form and can at most claim the purchasing costs from Seller.
- The guarantee mentioned herein does not apply when the defect has arisen as a result of improper or spurious misuse, Buyer or third parties made alterations or tried to make alterations to the products or have used these for purposes for which the product is not intended. Inspection of possible defects and the circumstances thereof will be conducted by experts appointed by Seller.
- Failure to comply with one of obligations by Buyer releases Seller from its obligations under this article.
Article 8. Suspension and termination
- Seller is entitled to suspend the fulfilment of the obligations or to terminate the Agreement, if:
- Buyer does not, or not fully, fulfil the obligations under the agreement.
- After entering into the Agreement Seller becomes aware of circumstances that give good grounds to fear that the Buyer will not fulfil the obligations.
- Buyer at entering into the Agreement has been requested to provide security for the fulfilment of his obligations
- Seller always retains its right to claim compensation from Buyer
Article 9. Risk transfer
- The risk of loss of or damage to the products that are subject of the Agreement transfers to Buyer at the time at which these are legally and/or factually delivered to Buyer and therewith are brought into the control of Buyer or of third parties to be appointed by Buyer.
Article 10. Privacy Policy
- Customer Privacy policy
Bearing’s Online SA shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The company’s privacy policy can be viewed here https://bearingsonlinesa.co.za/privacy-policy/.
Article 11. Payment options accepted
- Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Bearing’s Online SA bank account, the details of which will be provided on request
Article 12. Card acquiring and security
- Card transactions will be acquired for Bearing’s Online SA via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Article 13. Customer details separate from card details
- Customer details will be stored by Bearing’s Online SA separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to paygate.co.za.
Article 14. Merchant outlet county and transaction currency
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).
Article 15. Responsibility
- Bearing’s Online SA takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.
Article 16. Country of domicile
- This website is governed by the laws of South Africa and Bearing’s Online SA chooses as its domicilium citandi et executandi for all purposes under
this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature 18 William Steet, Maitland, Cape Town, Western Cape, SA
Article 17. Variation
- Bearing’s Online SA may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Article 18. Company Information
- This website is run by Silkuni Importers and Distributors, a close corporation based in South Africa trading as Bearing’s Online SA and with registration number 2008/205051/23.
Article 19. Bearing’s Online SA contact details
Company physical address: 18 William Street, Maitland. Cape Town, WC 7405
E-mail: support@bearingsonlinesa.co.za
Telephone: 021 510 2037