WEBSITE TERMS OF USE

1. WEBSITE TERMS AND CONDITIONS OF USE

   1. This document sets out the terms and conditions (the “Terms”) of Ironman South Africa (Pty) Ltd (“IRONMAN”) pertaining to the access and use of the information, products, services and functions provided on www.ironmanstore.co.za.
   2. Should any person that accesses the Website (“you”, the “user” or “customer”) disagree with any of the Terms, you must refrain from accessing the Website and/or purchasing any goods and/or using any services.
   3. If you are under the age of 18 (eighteen), you must obtain your parent’s or legal guardian’s prior authorisation, permission and consent to be bound by these Terms before purchasing any goods and/or using any services.
   4. IRONMAN reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by IRONMAN from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.
   5. IRONMAN will give prior notice where collected personal information and the purpose for which IRONMAN collected that information is affected by the intended amendment.
   6. Note that IRONMAN may display additional terms and conditions on the Website, where such terms may relate to temporary and/or special provisions that may apply at the time of purchase and/or for a period of time, specified or unspecified, in which case such additional terms (“Additional Terms”) shall be read as forming part of these Terms and, in the case of any conflict between these Terms and the Additional Terms, such Additional Terms shall override these Terms.
   7. These Terms include provisions relating to refunds, repairs and the like. Where, however, the manufacturer or supplier specifies particular provisions relating to a specific items, such provisions may be displayed in respect of such item and, in the case of any conflict between these Terms and the specific provisions, such specific provisions shall override these Terms.
   8. Please contact IRONMAN should you require clarity on any Terms. Please note that calls to IRONMAN are charged at national rates and may be monitored for training, security and quality assurance purposes. IRONMAN’s contact details are set out in paragraph 11 below.

2. CONTENT OF THE WEBSITE

   1. IRONMAN reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
   2. IRONMAN reserves the right to change and amend the products, prices and rates quoted on this Website from time to time and without notice.
   3. IRONMAN may use the services of third parties to provide information on the Website. IRONMAN has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that IRONMAN and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
   4. IRONMAN makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
      1. IRONMAN does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. IRONMAN expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
      2. Whilst IRONMAN has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
      3. IRONMAN disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which IRONMAN receives it and statements from external parties are accepted as fact.

3. LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT

   1. IRONMAN may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and IRONMAN does not endorse, nor does the inclusion of any link imply IRONMAN’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
   2. While IRONMAN tries to provide links only to reputable websites or online partners, IRONMAN cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of IRONMAN. IRONMAN is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
   3. You agree that IRONMAN shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link/s contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.

4. USAGE RESTRICTIONS

   The user hereby agrees that it shall not itself, nor through a third party:

   1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
   2. decompile, disassemble or reverse engineer any portion of the Website;
   3. write and/or develop any derivative of the Website or any other software program based on the Website;
   4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this paragraph, such modifications and enhancements shall be the property of IRONMAN;
   5. without IRONMAN’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
   6. remove any identification, trademark, copyright or other notices from the Website;
   7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
   8. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.

5. SECURITY

   1. In order to ensure the security and reliable operation of the services to all IRONMAN’s users, IRONMAN hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
   2. You may not utilise the Website in any manner which may compromise the security of IRONMAN’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should IRONMAN suffer any damage or loss, civil damages shall be claimed by IRONMAN against the user.
   3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by IRONMAN and its affiliates, agents and/or partners.

6. INTELLECTUAL PROPERTY RIGHTS

   1. For the purpose of this paragraph 6, the following words shall have the following meanings ascribed to them:
      1. “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by IRONMAN, now or in the future, including without limitation, IRONMAN’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
   2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, IRONMAN and as such are protected from infringement by local and international legislation and treaties.
   3. By submitting reviews, comments and/or any other content (other than your personal information) to IRONMAN for posting on the Website, you automatically grant IRONMAN and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
   4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
   5. Except with IRONMAN’s express written permission, no proprietary material from this Website may be copied or retransmitted.
   6. Irrespective of the existence of copyright, the user acknowledges that IRONMAN is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
   7. IRONMAN authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof; provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

7. RISK, LIMITATION OF LIABILITY AND INDEMNITY

   1. The user’s use of this Website and the information contained on the Website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
   2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall IRONMAN be liable for any loss, harm, or damage suffered by the user as a result thereof. IRONMAN reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should IRONMAN deem it necessary.
   3. To the extent permissible by law:
      1. Neither IRONMAN, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the website, or of any linked website, even if IRONMAN knows or should reasonably have known or is expressly advised thereof.
      2. The liability of IRONMAN for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to IRONMAN rectifying the malfunction, within a reasonable time and free of charge, provided that IRONMAN is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of IRONMAN. However, in no event shall IRONMAN be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
      3. You hereby unconditionally and irrevocably indemnify IRONMAN and agree to hold IRONMAN free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by IRONMAN or instituted against IRONMAN as a direct or indirect result of:
         1. your use of the Website;
         2. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of IRONMAN;
         3. your failure to comply with any of the terms or any other requirements which IRONMAN may impose from time to time;
         4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
         5. any unavailability of, or interruption in, the service which is beyond the control of IRONMAN.
   4. IRONMAN makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against IRONMAN for any loss suffered by you, as a result of information supplied by IRONMAN being incorrect, incomplete or inaccurate.

8. BREACH OR CANCELLATION BY IRONMAN

   1. IRONMAN is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to IRONMAN’s right to claim damages, should any user:
      1. breach any of these Terms;
      2. in the sole discretion of IRONMAN, use the Website in an unauthorised manner; or
      3. infringe any statute, regulation, ordinance or law.
      4. Breach of these Terms entitles IRONMAN to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to IRONMAN on an attorney and own client scale.

9. COMPLIANCE WITH SECTION 43(1) OF ECT ACT

   1. In compliance with section 43(1) of ECTA, the following details of IRONMAN are recorded:
      1. Full name: Ironman South Africa (Pty) Ltd
      2. Registration number: 2003\031929\07
      3. Physical address: 7 Fifth Avenue, Walmer, Port Elizabeth, South Africa
      4. Telephone number: +27 (0)41 581 7990
      5. Website address: www.ironmanstore.co.za
      6. E-mail address: info@ironmanstore.co.za
      7. Names of office bearers: Keith Roy Bowler
      8. Registered at: CIPC, South Africa

10. COMPLIANCE WITH LAWS

    You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website

11. NOTICES AND DOMICILE

    1. Except as explicitly stated otherwise, any notices shall be given by email to info@ironmanstore.co.za (in the case of IRONMAN) or to the e-mail address you have provided to IRONMAN (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, IRONMAN may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to IRONMAN. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
    2. This Website is governed by the laws of South Africa and IRONMAN chooses as its domicilium citandi et executandi for all purposes under these Terms and/or this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the address/es set out in paragraph 11 above.

12. GENERAL PROVISIONS

    1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
    2. All payments, whether by IRONMAN or user, shall be made in South African Rands (“ZAR”).
    3. This Website is controlled, operated and administered by IRONMAN from its office/s within the Republic of South Africa. IRONMAN makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
    4. IRONMAN does not guarantee continuous, uninterrupted or secure access to IRONMAN services, as operation of IRONMAN’s Website may be interfered with as a result of a number of factors which are outside of IRONMAN’s control.
    5. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
    6. IRONMAN’s failure to act with respect to a breach by you or others does not constitute a waiver of IRONMAN’s right to act with respect to subsequent or similar breaches.
    7. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of IRONMAN.
    8. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
    9. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
    10. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
    11. These Terms set forth the entire understanding and agreement between IRONMAN and you with respect to the subject matter hereof.
    12. All correspondence, proceedings and the like under and/or related to these Terms shall be conducted in English.
    13. The rule of interpretation that a contract, or any part of a contract, is to be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.

13. RESPONSIBILITY

    Subject to these Terms, IRONMAN 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.

DELIVERY AND RETURNS POLICY in detail

1. DELIVERY AND EXPORTS

   Delivery

   1. 1. Unless otherwise stated in the product description, orders will be processed within 4-6 (four to six) business days (weekends and public holidays excluded) of confirmation of receipt of payment with delivery by courier to follow. Deliveries may be delayed for various reasons including, without limitation, force majeure, logistics and the like and you agree that IRONMAN shall incur no liability as a result of any delay
      2. You will be notified, by way of email, upon order placement, confirmation of receipt of payment, processing and packaging and despatch of delivery by courier.

   Exports

   1. IRONMAN does not currently ship outside of South Africa.

2. RETURNS

   Introduction

   1. 1. We believe that IRONMAN goods comply with the provisions of section 55 of the Consumer Protection Act (section 55(2) extract below) –

         (2) Except to the extent contemplated in subsection (6), every consumer has a right to receive goods that—

         are reasonably suitable for the purposes for which they are generally intended;

         are of good quality, in good working order and free of any defects;

         will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and

         comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.

      2. Goods may only be returned if said goods fail to meet the standards required under the said section 55.

   Unsafe or defective Goods

   1. 1. Unsafe or defective goods may be returned within 6 (six) months from date of purchase for refund, repair or exchange, at discretion of Ironman South Africa. Also see “Repaired Goods” below.

   Rejection of Goods upon delivery

   1. 1. As you, the consumer, did not have an opportunity to inspect the goods, the goods may be rejected upon delivery thereof if the type, nature and quality of the goods are not as described or reasonably contemplated in consideration of the description and/or depictions thereof and, in which case, IRONMAN shall be liable for the reasonable costs of return.

   Repaired Goods

   1. Repaired goods hold a warranty for a period of 3 (three) months following the date of repair. Repaired goods qualifying for further return shall be refunded or replaced at IRONMAN’s discretion.

3. REFUNDS

   IRONMAN Refund Policy

   1. 1. Please select your goods carefully. You can choose between a refund, exchange or your money back where goods are faulty, wrongly described, different from the sample indicated or do not perform as they are intended, as described in the balance of our Terms. Please retain your receipt as proof of purchase. Goods must be returned within 30 (thirty) days of receipt of delivery and in their original packaging to enable restocking of such goods.

   Cancellations by IRONMAN

   1. 1. The sale and supply of all goods is subject to availability. IRONMAN reserves the right to cancel any order in the event of any product being unavailable and/or unreasonably delayed and will effect a refund within 30 (thirty) days of cancellation.

   No Refunds in the following instances

   1. No refunds will be given in the circumstances set out below and, should the consumer return the goods to IRONMAN regardless, the cost of doing so will be for the account of the consumer and, in the event of the consumer requiring return of the said goods, the consumer will be required to pay for the cost of return upfront. Goods so returned will only be retained for a period of 3 (three) months and may then be sold to defray costs of IRONMAN.

      Where –

      1. 1. the goods have been damaged due to negligence;
         2. the goods have been disassembled, physically altered, permanently installed or combined with other goods or property;
         3. legislation prohibits such returns for public health reasons, such as the return of under-garments and medicines; and

      In respect of repairs:

      1. 4. the consumer did not adhere to the manufacturer instructions; or
      2. did not keep proof of repair.