Online Shopping Terms & Conditions

Introduction

The website located at www.tyrelife.co.za (the "Site") is owned and operated by Top Draw Tyres (Pty) Ltd. Top Draw Tyres (Pty) Ltd is a company incorporated in the Republic of South Africa under registration number 2011/138904/07 and shall, for purposes of these Terms be referred to as "we" or "us" or "our". Unless specified to the contrary, we are also the seller of the products offered for sale on the Site ("Products").

These Terms and the Privacy Policy are applicable to you if you access, visit (browse) the Site or purchase products from the Site and constitutes a legally binding contract between you and us. Your continued use of the Site will signify that you have read, understood and accepted the Terms and the Privacy Policy. If you do not wish to be bound by the Terms and the Privacy Policy you must immediately discontinue use of the Site.

Your Personal Information

Any personal information (as defined in the Privacy Policy) you provide to us may be collected, stored and/or processed by us as described in the Privacy Policy.

Products, Product Sales and Availability

Prices shown on the TyreLife Tyrefinder for online shopping are only applicable in South African and Namibia.

All products are subject to availability, which we do not guarantee.

Placing a product in a shopping basket without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product, and as such, we may remove such product from the shopping basket if stock becomes unavailable and you cannot hold us liable if such product is not available when the purchase cycle is completed at a later stage.

We may vary the exact specifications of products without prior notice to you. We undertake not to vary the specifications of any products which form part of orders already placed by you at the time of such variation.

We have taken all reasonable steps to ensure the accuracy of images or visual reproductions of products. Please note that the device you use to access the Site may impact on how Products are displayed on your screen.

We reserve the right to place limitations, restrictions and conditions (e.g. limited offer stipulations) on the purchase of any products

Pricing

You will be charged the prices for products as listed on the Site("Listed Prices") quoted in South African Rand including VAT and fitment.   Excluding wheel alignment.   These prices are only applicable in South Africa and Namibia.

We may, at our sole and absolute discretion, charge prices that are lower than the listed prices

Orders and Payment

Orders placed by you constitute offers to purchase the product

We will confirm our acceptance of such offers within 2 business days. You must ensure that you are satisfied with the contents of the proforma invoice and may correct any mistakes or cancel the order before making payment.

When placing orders, you warrant that:

Payment for the products ordered must be made via credit card (Visa and Master Card), EFT or you may use a purpose based lending facility. All payments are secured using industry standard online security and encryption technology.

At the time of making payment, the transaction details are presented to the bank and payment is collected immediately. If the bank'sauthorisation is not obtained, the order will be cancelled. We may carry out certain fraud checks with the cardholder or thecardholder's bank; should we be unable to verify the validity of the transaction the order will be cancelled.

No products will be despatched or supplied without confirmation of payment in full.

Fitment Partners

Accredited Fitment Partners have been selected by TyreLife Solutions. All fitment partners are independent dealer stores who have signed a service level agreement with TyreLife Solutions for the sole purpose of fitting TyreLife Solutions products bought by Online Shoppers.

Providing there is stock available delivery to a chosen fitment partner shall take a maximum of  3  business days (excluding Saturday, Sunday & public holidays).

The Online Shopper is advised to use an accredited reputable TyreLife Solutions Fitment Partner.   These Fitment Partners are remunerated for the fitment service and are responsible for the quality of their work.

In the event of poor fitment, balancing or wheel alignment the Online Shopper must return to the dealer store they fitted their tyres from to seek recourse.

In the event of a manufacturing defect or a warranty evaluation the tyre dealer must examine the tyre and advise on the cause. The dealer store must elevate the matter to our technical department via the online TyreLife Solutions Dealer Portal.

Online Shoppers are advised to return to a TyreLife Solutions Fitment Partner to conduct regular tyre and maintenance checks to maintain the life of their tyres.

Risk and Ownership

Risk in the products shall pass to you upon delivery to your specified delivered address or upon fitment at a TyreLife Solutions Fitment Partner.

Until we receive full payment in cleared funds for the products ordered, ownership in the products shall remain with us.

Cooling-off

You will be entitled to cancel your order, without reason and without penalty providing the product has not been fitted to a vehicle and driven.

You will be required to pay the direct cost of returning the products to us if returned in terms of this clause.

Any returned goods must be not used or damaged and in the same condition as delivered.

Intellectual Property

All intellectual property in relation to the Site, which includes trademarks and copyright in the content and material on this Site (such as text, logos, graphics, images, icons, data, databases and designs), is owned by or has been licensed to us.

Such intellectual property is protected from infringement and may not be copied, reproduced, published or used in any way without our consent (or the consent of the copyright or trade mark owner). In this regard, any intellectual property rights not expressly granted are reserved by us.

Use of the Site

You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services.

You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the afore mentioned acts.

Subject to the further provisions of these Terms, the Site and its content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Site or its content.

This Site may only be used by you for personal and non-commercial purposes.

We grant you a limited licence to copy and use content and material on the Site for the sole purpose of obtaining information about us, the brands of the Products and other Products. Any other use of the content and materials on the Site is prohibited and will amount to infringement of our intellectual property rights.

Subject to the further provisions of these Terms, you are not allowed to:

You are permitted to create a hyperlink to the home page of the Site so long as the link does not portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the home page of the Site is clearly visible.

Advertising and Links

Any hyperlinks on the Site to the external websites of third parties should not be seen as reflective of any commercial relationships between our business and those linked third parties. We do not endorse or sponsor any linked third parties or their websites and your use of any such websites will be entirely at your own risk.

Disclaimers, Indemnities and Exclusions of Liability

Nothing contained in these Terms and/or the Privacy Policy should be understood as a limitation, restriction or exclusion of:

We make no representations or warranties, implied or otherwise, that –

We have not specifically created or designed any individual products for you in an attempt to meet your unique requirements, needs or purposes (none of which have been communicated by you to us).

You must satisfy yourself that the products you order are likely to be reasonably suitable for the general purpose(s) for which they are intended.

Disputes

In the event of any dispute regarding any matter arising out of these Terms and/or the Privacy Policy are not resolved through consultation with us, the dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

Notwithstanding clause 13.1, either you or we may obtain interim or urgent relief from any competent court.

Updates to Terms and/or Privacy Policy

We may update, amend or vary these Terms and/or the Privacy Policy and will notify you of such changes. You must explicitly accept and agree to the updated Terms and/or Privacy Policy if you wish to continue using your Account and/or purchasing Products. If you do not accept the updated Terms and/or Privacy Policy, you must stop using your Account and refrain from purchasing any Products.

Our Information

In terms of section 43 of the ECTA, we are obligated to make certain information available to you.

General

The Terms and the Privacy Policy are governed by the laws of the Republic of South Africa.

If any provision of these Terms or the Privacy Policy are unlawful, void or unenforceable for any reason, then those provisions may be severed and shall not affect the validity and enforceability of the remaining provisions of the Terms or Privacy Policy.

These Terms and the Privacy Policy constitute the whole agreement between us

Any indulgence or leniency granted to you by us shall not be interpreted as a waiver or variation of any of our rights or remedies.