Online Shopping Terms and Conditions
1.1. 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").
2. Your Personal Information
3. Products, Product Sales and Availability
3.1. Prices shown on the TyreLife Tyrefinder for online shopping are only applicable in South African and Namibia.
3.2 All products are subject to availability, which we do not guarantee.
3.3. 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.
3.4. 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.
3.5. 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.
3.6. We reserve the right to place limitations, restrictions and conditions (e.g. limited offer stipulations) on the purchase of any products
4.1. 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.
4.2. We may, at our sole and absolute discretion, charge prices that are lower than the listed prices
5. Orders and Payment
5.1. Orders placed by you constitute offers to purchase the product.
5.2. 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
5.3. When placing orders, you warrant that:
5.3.1. you are over the age of eighteen (18); and
5.3.2. you are authorised to use the credit card from which funds are being transferred.
5.4. 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.
5.5. At the time of making payment, the transaction details are presented to the bank and payment is collected immediately. If the bank's authorisation is not obtained, the order will be cancelled. We may carry out certain fraud checks with the cardholder or the cardholder's bank; should we be unable to verify the validity of the transaction the order will be cancelled.
5.6 No products will e despatched or supplied without confirmation of payment in full.
6. Fitment Partners
6.1 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.
6.2. Providing there is stock available delivery to a chosen fitment partner shall take a maximum of 3 business days (excluding Saturday, Sunday & public holidays).
6.3. 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.
6.4. 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.
6.5 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.
6.6. 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.
7. Risk and Ownership
7.1. Risk in the products shall pass to you upon delivery to your specified delivered address or upon fitment at a TyreLife Solutions Fitment Partner.
7.2. Until we receive full payment in cleared funds for the products ordered, ownership in the products shall remain with us.
8.1. 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.
8.2. You will be required to pay the direct cost of returning the products to us if returned in terms of this clause.
8.3. Any returned goods must be not used or damaged and in the same condition as delivered.
9. Intellectual Property
9.1. 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.
9.2. 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.
10. Use of the Site
10.1. 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.
10.2. 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.
10.3. 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.
10.4. This Site may only be used by you for personal and non-commercial purposes.
10.5. 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.
10.6. Subject to the further provisions of these Terms, you are not allowed to:
(i) frame, modify, distribute, commercialise, exploit and/or alter the Site or its content;
(ii) incorporate any part of the Site's content in any other work or publication; and/or
(iii) perform any other act which may not be considered fair use.
10.7. 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.
11. Advertising and Links
11.1. 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.
12. Disclaimers, Indemnities and Exclusions of Liability
12.1.1. your rights; or
12.1.2. our liability (including liability for gross negligence) in terms of any applicable law, including the Consumer Protection Act and ECTA.
12.1.3. To the extent permitted by law, we cannot be held liable for any direct or indirect, incidental or consequential damage or loss arising from the use of, or inability to use, the Site.
12.1.4. We make no representations or warranties, implied or otherwise, that –
126.96.36.199. access to the Site will be uninterrupted; and
188.8.131.52. the Site's transmission, content and technology is error-free, fully effective, secure and/or free from any viruses or other harmful components.
12.2. 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).
12.3. 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.
13.2. Notwithstanding clause 13.1, either you or we may obtain interim or urgent relief from any competent court.
15. Our Information
15.1. In terms of section 43 of the ECTA, we are obligated to make certain information available to you.
15.2. Our information is as follows:
15.2.1. Full business name and legal status: Top Draw Tyres (Pty) Ltd
15.2.2. Registered in South Africa under registration number 2011/138904/07
15.2.3. Main business: Tyre wholesaler
15.2.4. Physical address and telephone number: 25 Village Road, Kloof, 3610, South Africa. Tel: +27 31 764 7860
15.2.5. Address for receipt of legal service: 25 Village Road, Kloof, 3610, South Africa. Tel: +27 31 764 7860
15.2.6. Website address: www.tyrelife.co.za
16.4. 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.