Terms & Conditions
1. www.spokerite.co.za is a site operated by Cyclo Pro CC (“Cyclo Pro” or “Spokerite” or “us”). Cyclo Pro is registered under number CK1999/019534/23, VAT number 4820181107. Cyclo Pro and Spokerite sell and supply bicycles and bicycle equipment, clothing and accessories in the course of our trade and business. Spokerite can be contacted via the “Contact us” tab on the website.
2. The buyer (“you”) shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
3. The “goods” shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.
4. The “Price” shall mean the amount payable to Spokerite for the goods plus VAT (at the rate applicable from time to time), and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you. We do not sell goods to addresses outside The Republic of South Africa.
5. These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of goods by Spokerite. In respect of any sales of goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.
6. We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.
7. After placing an order, you will receive an email from us acknowledging that we have received your order for the goods, and the delivery services you have requested from the delivery service provider. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Spokerite to buy goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the goods have been dispatched by the delivery service provider (the “Dispatch Confirmation”). The contract between you and Spokerite will only be formed when we send you the Dispatch Confirmation.
8. The contract will relate only to those goods whose dispatch (by the delivery service provider) we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate Dispatch Confirmation.
Consumer Rights and returns
9. Spokerite will gladly exchange within 3 days of purchase provided the customer has retained their original proof of purchase document and the item is in an unused, undamaged condition and the packaging is not damaged. This does not apply to sale items and certain apparel items i.e. cycling shorts, which may not be returned or exchanged. We do not offer cash refunds. You will be required to select item/s to the value of the returned item/s. The customer is responsible for any and all courier costs involved in the return and exchange process.
10. Ownership of the goods rests with purchaser until the item/s have been returned to our Port Elizabeth warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, Spokerite does not take ownership back for the refunded item.
11. The customer is responsible to return the item/s to our Port Elizabeth warehouse via courier. We will not accept returns send via SAPO/Postnet/etc. Alternatively, you may contact us for a quote on a collection service.
12. If the product was used for its intended purpose and design and in accordance with the product’s instructions and/or user manual and is found by the customer to be faulty, will liaise with the supplier on behalf of the customer in terms of a warranty replacement or repair.
13. Proof of purchase is required. No refunds, repairs or exchanges will be actioned on purchases where the products that have been misused or purposely damaged. There may be a courier cost to have certain products repaired or replaced. This cost is for the customer’s account and will be quoted upfront.
14. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
15. For all complaints please contact Spokerite using the contact details found on our contact us page
Cancellation by Spokerite
16. We reserve the right to cancel the contract between us if:
• We have insufficient stock to deliver the goods you have ordered
• The delivery service provider does not deliver to your area
• One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
• We have reason to suspect that there is a risk of a fraudulent transaction.
If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of goods provided by us), from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
17. All guarantees in respect of goods are provided entirely by the manufacturers/SA importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the goods where appropriate.
18. Ownership of the goods shall pass to you when the goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other goods ordered within a single order remain due, we shall apportion the sums owing for such goods without prejudice to our right to retain ownership in respect of all goods ordered.
19. Please refer to the ‘Delivery’ section of our website for details of the delivery options available.
20. Once goods have been delivered to you or your agent, they will be held at your own risk and we will not be liable for their loss or destruction.
21. You must notify us in writing of any shortage or mis-delivery in any goods ordered immediately, or at the latest within two working days of such shortage or mis-delivery, thereafter you shall be liable for any such shortage or mis-delivery. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. We will assist you in making any such claim, or alternatively we can deal with such claim on your behalf, at your reasonable cost. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions.
22. Please ensure that you enter the correct delivery address and postcode. If the address is entered incorrectly, the delivery may be delayed. We are unable to offer you any assistance if either issue arises. In the event that the goods are returned to us but a delivery charge is levied on us, we will refund you the purchase price less the charge levied on us to return the goods. It is possible that the goods will not be returned to us, in which case no refund of the purchase price will be given to you. In any event, goods that are returned due to you refusing or failing to pay any of the charges outlined in this paragraph will not be entitled to a refund of the delivery charge.
23. If the goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us within two days of receiving.
24. If any goods are alleged to be damaged or defective, you must return such goods to us for inspection and report (without any obligation on us to replace the said goods prior to such inspection). You further confirm that it shall be reasonable for us to inspect, repair or replace (at our option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the defect, failure or interruption.
25. If you notify a problem to us under clause 24, our only obligation will be, at our option:
• to replace or repair any goods that are damaged or defective; or
• to refund to you the amount paid by you for the goods in question in whatever way we choose.
26. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) whatsoever arising out of any problem you notify to us under these terms and conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 25 above.
27. You must observe and comply with all applicable regulations and legislation to purchase goods from our site. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
28. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
INSTALLATION AND USE OF GOODS
29. Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of goods due to any such alternative use, amendment or modification.
30. You confirm that you shall comply with any and all rules relating to installation of the goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any goods or not adequately maintained the goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
31. Any goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.
WEAR AND TEAR
32. The life expectancy and durability of many cycling goods are short and you should note that any claim for failure or wear shall be limited to that of the manufacturers’ guarantees. You agree that such use shall be a relevant circumstance for the purposes of the sale. In addition, any parts connected to Downhill or aggressive riding may be placed under greater stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for downhill or aggressive use.
33. Please note that all website payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services
34. Quotations are given on the assumption that no variation in the Price will be made by the manufacturer/sole importer and that courier charges remain unaltered. In the event of such changes, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.
EVENTS BEYOND OUR CONTROL
35. We shall accept no liability in respect of any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.
THIRD PARTY RIGHTS
36. Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract.
37. These terms and conditions shall be governed by and interpreted in accordance with South African Law and industry custom and practice, and the South African courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.
1. All orders you place on this website will be subject to our acceptance in accordance with these terms and conditions.
2. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an email acknowledging the goods you have ordered from us and the delivery services ordered from the delivery service provider. Please note this email is not an order confirmation or order acceptance from Spokerite.
3. Acceptance of your order and the completion of contract between you and us will take place on dispatch to you by the delivery service provider of the goods ordered, unless we have notified you that we do not accept your order or you have cancelled it.
4. Please note the Price you pay for goods supplied by Spokerite, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order, apart from the following exception:
Whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the Price of goods you have ordered we will inform you as soon as possible. At this time we would give you the option of reconfirming your order at the correct price or cancelling it with monies paid refunded. If we are unable to contact you, we will treat the order as cancelled.
5. All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access www.spokerite.co.za (hereinafter referred to as the “Website”). This acceptable use policy applies to all users of, and visitors to, our websites.
Your use of our Websites means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions and the privacy and cookie policies.
The Websites may only be used by you for lawful purposes and may not, in any way or event, be used:
1. In any way that is unlawful (under local, national or international law) or fraudulent, or has any unlawful or fraudulent purpose or effect;
2. For the purpose of harming or attempting to harm minors in any way;
3. To send, knowingly receive, upload, download, use or re-use any material which does not lawfully belong to you;
4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.
You also agree:
6. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions;
7. Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
We may from time to time provide on the Websites interactive services, including, but not limited to product reviews and customer feedback. Any interactive service will be provided with information as to the kind of service offered, if it is moderated and what form of moderation is in use (including whether it is human or technical).
When contributing to the Websites through an interactive service you must ensure that your contributions must.
8. Be accurate (where they state facts);
9. Be genuinely held (where they state opinions);
10. Comply with all applicable law in the UK and in any country from which they are posted.
Contributions by you to the Websites must not:
11. Contain any material which is defamatory of any person;
12. Contain any material which is obscene, offensive, hateful, or inflammatory;
13. Contain any sexually explicit material;
14. Contain, condone or promote violence;
15. Contain, condone or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
16. Infringe any copyright, database right or trade mark of any other person;
17. Be likely to deceive or defraud any person;
18. Be unlawful (locally, nationally or internationally) in any way, or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
19. Contain, condone or promote any illegal activity;
20. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
21. Be likely to harass, upset, embarrass, alarm or annoy any other person;
22. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
23. Give the impression that they emanate from us or any of our partners, if this is not the case.
Any material you upload to the Websites will be considered non-confidential and non-proprietary, and in uploading such material you allow us the have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Websites constitutes a violation of their intellectual property rights, or of their right to privacy.
Suspension and termination
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Websites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use the Websites, and may result in our taking all or any of the following actions:
24. Issue of a warning to you;
25. Immediate, temporary or permanent withdrawal of your right to use the Websites;
26. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
27. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
28. Further legal action against you;
29. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.