1. Linked text - For ease of use, we have included automated links ( hyperlinks ) in this agreement to text elsewhere on the site. These standard HTML hyperlinks are highlighted by most browsers according to your settings and your mouse's cursor should change into a hand or other pointer when held over this text. You are obliged to view the relevant parts of the hyperlinked text, which text shall be deemed to form part of this agreement.
2. Sending orders and confirmation of receipt - All information on the site should be treated as an invitation for you to make an offer to purchase ( the order ) and we remain entitled to reject any order without giving reasons. An order, once sent to us, cannot be withdrawn unless we agree thereto. Although our site is set up to confirm receipt of your order ( confirmation ), technical or other problems may delay or prevent such confirmation. If you have not received confirmation from us shortly after sending your order you should contact us immediately. DO NOT re-submit your order as this may lead to a duplicate transaction for which you will remain liable. If you place your order via another site you should ensure that you have received Confirmation from us. Confirmation does not mean that a transaction has been concluded it merely serves to confirm that your order has been received by us. A transaction is only concluded on receipt of payment. We reserve the right to verify your identity and to conduct credit checks.
3. Price The total price of a product (the purchase price ) shall exclude Value Added Tax ( VAT ) and excludes the shipping cost. As erroneous or outdated prices could be displayed from time to time, you agree that we cannot be obliged to sell a product at such erroneous price. Unless otherwise stated, all prices displayed on the site are exclusive of VAT. We reserve the right to discount prices for specific promotions or on-line communities.
4. Payment - Unless otherwise specified you are entitled to make use of any of the payment methods stipulated on the site from time to time. We are not a provider of payment methods and cannot be held liable for the products or services offered by third parties in this regard. We do not accept credit cards that are issued or billed to addresses outside of South Africa. If you cancel your credit card or other online payment after a transaction, you will still remain liable to us to pay the purchase price immediately after such cancellation unless you can prove to our satisfaction, within 10 days of having cancelled payment, that the transaction resulted from fraudulent use of your credit card. If we are satisfied with your explanation we will terminate the transaction, provided that you will reimburse us for the delivery fee and bank charges incurred due to a charge-back. If the bank declines our request for payment from your bank account, we shall be entitled to cancel the transaction.
5. Delivery- Unless otherwise arranged, we do not deliver. In the case of delivery, delivery will take place in the areas and according to the time periods that where agreed upon with ProForm Athletic and prices will be adjusted to compensate for delivery costs. The agreed delivery period is given as an estimates only and we will not be held liable if the delivery is delayed for whatever reason. All the risks in the product will pass to you when the product is delivered to you but the ownership in the product will only pass to you once you have paid the purchase price for the product.
6.Product requests - We may provide a product request service from time to time in terms whereof we will use our best endeavours to source products on your behalf from other suppliers. A product request is not an order but merely a request for us to provide you with assistance in locating a particular product. Although every effort will be made to source the requested product, we do not guarantee the availability or existence of any product and we reserve the right to decline any product request without giving reasons. Once in receipt of a product request we will contact the relevant supplier to establish stock availability and pricing. All product requests will be confirmed with you telephonically or via e-mail. Products will only be ordered on payment of the purchase price.
7. Availability of products - You accept that the display of products is not necessarily a guarantee of the availability of a product and that certain products may not be in stock at the time of submitting your order and delivery may therefore be delayed. However, such delays shall not entitle you to withdraw your order unless we agree with you in writing that the duration of delay is unreasonable.
8. Right of withdrawal. The provisions of this clause 8 shall only become operative on enactment of the Electronic Communications and Transactions Act, 2001 ( the ECT Act ). If you qualify as a consumer as defined in the ECT Act, you may cancel the transaction at any time within 8 days of date of receipt of the product and receive a refund of the purchase price paid. To do this, you must inform us in writing and return the products without delay, in the same condition and packaging you received them and at your own cost and risk.
You will, however, not be entitled to exercise the above right of withdrawal in respect of a transaction : (a) for the provision of services if performance has begun, with your consent, before the end of the seven day period referred to above; (b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us; (c) for the supply of goods made to your specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly; (d) for the supply of audio or video recordings or computer software which were unsealed by you; or (e) for the supply of newspapers, periodicals and magazines.
9. Returns, refunds and exchanges - Subject to the provisions of clause 8, your return of goods will be governed by the returns, refund and exchange policy made available on the site from time to time. Please note that if you return goods you will still have to pay for the shipping costs.
11. Security Policy - While we employ security features, processes and procedures on the site which may or may not use 128 bit encryption technology, we cannot guarantee the security of the information you transmit to us. Notwithstanding various precautions taken by us, you accept that transmitting information over the Internet may be subject to unlawful access or monitoring and that we are not liable for any loss, harm or damage which you may suffer as a result of this. To enjoy full functionality and all the security features available on the site you require the browser and version thereof as specified on the site from time to time. If you do not have the specified browser then you might not enjoy the full functionality or security features made available on the site, in which case you acknowledge and accept that the site may fail to function properly and you accept all risks related to this.
12. Complaints & disputes - Any complaints and queries which you may have should be directed to our customer service division. If the complaint cannot be resolved with 10 (ten) business days after having been referred to the customer service division, the dispute will be referred to arbitration in terms of the rules of the Arbitration Foundation of South Africa (AFSA). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only you and your representative(s) and ProForm Athletic and its representative(s) may attend the arbitration. Both you and ProForm Athletic shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator's decision, confidential.
Notwithstanding the above provisions, we retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief or to collect outstanding debts due and payable by you.
13. Deemed originator - You warrant to us that: all your given details are true and correct; you are legally capable of concluding the transaction and you have read, understood and accepted the terms of this agreement. As it is impossible for us to verify the originator of an instruction, you hereby authorise us to act on any instruction purporting to originate from you, even if it transpires that both of us been defrauded by someone else, unless you have informed us to the contrary prior to us acting on a fraudulent instruction.
14. Access to records - You may request a record of the transaction from us, provided that we shall not be obliged to store such records for longer than 30 days after the transaction.
15. Availability of site - ProForm Athletic may, in its sole discretion, at any time suspend or terminate the operation of the site or any of the services provided via the site or advertised on the site, without prior notice to you and without the need to provide you with reasons.
16. Exclusion & limitation of liability - NEITHER ProForm Athletic, ITS HOLDING COMPANY, ITS SUBSIDIARIES, ASSOCIATES, AFFILIATES OR THEIR SHAREHOLDERS, CONSULTANTS OR EMPLOYEES WILL BE LIABLE FOR ANY DAMAGES RELATING TO THE USE OF THIS SITE, IRRESPECTIVE OF THE CAUSE OF YOUR LOSS. WITHOUT AFFECTING THE FOREGOING, WE ARE NOT BE LIABLE FOR: (A) ANY INTERRUPTION; MALFUNCTION; DOWNTIME OR OTHER FAILURE OF THE SITE, COMPUTER SYSTEMS FOR WHATEVER REASON; (B) ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF GOODS OR SERVICES PROVIDED BY 3RD PARTIES, INCLUDING, WITHOUT LIMITATION, PUBLIC SWITCHED TELECOMMUNICATION SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS, LOCAL AUTHORITIES AND CERTIFICATION AUTHORITIES; OR (C) AN EVENT OF FORCE MAJEURE OR ANY OTHER EVENT OVER WHICH WE HAVE NO DIRECT CONTROL.
17. Intellectual property - ProForm Athletic owns or has been licensed to use all the intellectual property rights in all the material on the site which includes, but is not limited to, copyright, trade marks rights in the brands, logos, graphics, photographs, product and price information which is displayed on the site from time to time. You may not use this material for any commercial purposes whatsoever. You may only use such material for using or considering ProForm Athletic's products or services. You are allowed to view and download one copy of the material to your computer.
18. Linking to 3rd party sites - Hyperlinks to the websites of other persons or businesses are provided at your own risk. You acknowledge that the websites attached to these hyperlinks are beyond our control and that we do not endorse, warrant or make any representations about the content, products, services, security or reliability of that website.
19. No representations or warranties - The site and the information on the site are provided as is and we do not make any express, implied representations or warranties with regard thereto. Without limiting the generality of the foregoing, we disclaim all implied warranties in respect of merchantability or fitness for a particular purpose. ProForm Athletic does not warrant that the site or the information on the site: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
20. Right to amend this agreement - We reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on the site ( the current version ). Whenever you access the site you will be bound to the current version. You may terminate this agreement by written notice to us if you do not wish to be bound by the current version. Continued use of this site will be deemed to constitute acceptance of the current version. Unless otherwise stated the current version shall supersede and replace all the previous versions of the terms and conditions. A print-out signed by the webmaster responsible for maintaining this site will serve as prima facie proof as to the date of publication and content of the current version.
21. General Severability: If any of the provisions of these online terms are not fully enforceable for any reason, the remainder will nevertheless continue to apply.
22. Jurisdiction and governing law: Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The online terms shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
23. Notices and address for service: For purposes of these online terms ProForm Athletic will receive legal service of any formal notices or court process at the physical address specified on its website from time to time and you agree to receive the same at your specified address.