TERMS & CONDITIONS
Gas Genie (Pty) Ltd
Registration Number: 2016/539708/07
WEBSITE STANDARD TERMS AND CONDITIONS (“the Agreement”)
Gas Genie (Pty) Ltd provides you with access to its website, (“the website”) as well as the services and products in respect thereof (collectively referred to as “the goods”).
These terms and conditions set out what is expected from you when accessing and using the website. By accessing or using the website, you will be deemed to have read, understood and accepted these terms and conditions.
In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (“the ECT”) and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access and use the website or any part thereof.
- CONTENT AND INFORMATION
You are responsible for your use of the website and information provided on the website, for all and any downloads from the website, for any content you post on or through the website, and for any consequences thereof. The content you submit, post or display will be able to be viewed by other users of the website and through third party goods and websites. You should only provide content that you are comfortable sharing with others under these terms and conditions. Any use or reliance on any content posted on or through the website or obtained by you through the website is at your own risk.
We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or any communications posted on or through the website or endorse any opinions expressed on or through the website. You understand that by using the website you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mis-labeled or are otherwise defective. Under no circumstances will GIG be liable in any way for any content, including, but not limited to, any errors or admissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on or through the website or broadcast elsewhere.
Gas Genie (Pty) Ltd is not obliged to monitor or control the content posted on or through the website and we cannot take responsibility for such content. You may therefore be exposed to unwanted content and it is your duty to report any undesirable content to Gas Genie (Pty) Ltd.
- USE OF THE WEBSITE
You will only use the website for legitimate and lawful purposes and you agree to abide by all laws when using the website. You agree not to engage in any activities that may cause any damage or loss to Gas Genie (Pty) Ltd.
You warrant that you are over the age of 18 (eighteen) years old and that you are able to conclude legally binding contracts and that there is no reason in law whatsoever for you to validly conclude such contracts with GIG.
You may not and agree not to:
monitor, intercept or modify any communication that is not addressed to you;
use any harmful or malicious code, such as viruses, Trojan, horses, worms or spiders, to interfere or access any data, communications or software associated with the website;
send any unsolicited communication to Gas Genie (Pty) Ltd or to any user of Gas Genie (Pty) Ltd, whether such unsolicited communication is sent to the Gas Genie (Pty) Ltd user’s account or to any other address of such Gas Genie (Pty) Ltd;
use the goods in such a manner as to threaten, harass, embarrass or invade the privacy of any person;
abuse, harass, threaten, intimidate, or harm any other user or any member of Gas Genie (Pty) Ltd staff;
impersonate any other Gas Genie (Pty) Ltd user or any other person;
maneuver the price of any item of the goods or interfere with other users’ listings; and/or
use the website for any purpose that is defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights of a third party or would otherwise violate the rights of any third party.
Gas Genie (Pty) Ltd makes no claims that the website may be lawfully accessed and the content lawfully viewed or downloaded outside the Republic of South Africa. Access to the website and/or the content may not be legal by certain persons or in certain countries. If you access the website from outside of the Republic of South Africa, you do so at your own risk and you are solely responsible for compliance with the laws of, or applicable to, such jurisdiction.
- RESTRICTIONS ON CONTENT AND USE OF GOODS
You may not and agree not to post content on or through the website that is defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights of a third party or would otherwise violate the rights of any third party. You are solely responsible for ensuring that any content posted is appropriate.
Gas Genie (Pty) Ltd reserves the right at all times (but will not have an obligation) to monitor any activity and content on or through the website. Gas Genie (Pty) Ltd may investigate any reported violations of these terms and conditions or any complaints and take any such steps or action as it may deem necessary to delete, remove, or refuse to distribute any content on the website and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
satisfy any applicable law, regulation, legal process or governmental request;
enforce these terms and conditions, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
respond to reported violations and/or complaints; and/or
Whilst Gas Genie (Pty) Ltd reserves the right to delete or remove content deemed offensive by Gas Genie (Pty) Ltd, we do not guarantee that offensive content will be removed or deleted. Failure by Gas Genie (Pty) Ltd to remove or delete any offensive content does not constitute a waiver by Gas Genie (Pty) Ltd of its right to remove or delete offensive content in subsequent or similar cases and you agree that GIG will not be liable for any loss or damage resulting from any such failure.
- INTELLECTUAL PROPERTY
All right, title, and interest in and to the website and the goods, including all related intellectual property rights (excluding content provided by users) are and will remain the exclusive property of Gas Genie (Pty) Ltd and all its licensors. The website and the goods are protected by intellectual property laws. Nothing in these terms and conditions gives you a right to use the Gas Genie (Pty) Ltd name or any of the Gas Genie (Pty) Ltd trademarks, logos, domain names, goods and other distinctive brand features.
You retain your rights to any content you submit, post, or display on or through the website. By submitting, posting, or displaying content on or through the website, you grant us a worldwide, non-exclusive, royalty-free, perpetual license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, or otherwise make available such content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Gas Genie (Pty) Ltd to make such content available to other companies, organisations, or individuals who partner with GIG for the syndication, broadcast, distribution or publication of such content on other media and websites, subject to our terms and conditions for such content use.
Such additional uses by Gas Genie (Pty) Ltd, or other companies, organisations or individuals who partner with Gas Genie (Pty) Ltd, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the website.
We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, websites or media.
You are responsible for your use of the website, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by other users and our third party partners. You understand that your content may be rebroadcasted by our partners and if you do not have the right to submit content for such use, it may subject you to liability. Gas Genie (Pty) Ltd will not be responsible or liable for any use of your content by Gas Genie (Pty) Ltd in accordance with these terms and conditions. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.
- THIRD PARTY CONTENT AND LINKS
The website may contain content posted and/or goods provided by third parties and/or links to third party websites, or resources. You acknowledge and agree that Gas Genie (Pty) Ltd is not responsible or liable for the availability or accuracy of such third party content, goods, websites, and/or resources.
You agree that Gas Genie (Pty) Ltd does not endorse any such third party content, goods, websites, and/or resources. You acknowledge sole responsibility for and assume all risk arising from your access and/or use of any such third party content, goods, websites, and/or resources. You indemnify, defend and hold us harmless against any claim by any third party for any loss or damage of any kind arising out of or in connection with your use of third party content, goods, websites and/or resources.
- PRODUCT AVAILABILITY
Lead time is dependent on stock availability. Should the Supplier have stock available, orders will be delivered by the Supplier within 3-7 working days provided payment is validated/received by the supplier.
Should the product not be in stock you will be advised of the ETA and the order will be placed on back-order.
Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence Gas Genie (Pty) Ltd will contact you via email and provide a revised shipping schedule.
- DELIVERY POLICY
Products are delivered from the Supplier via a reputable courier service provider.
When you click to make a purchase with us legal obligations arise and your rights to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
Shipping takes place from the Supplier (via a reputable courier service provider). Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left the premises of the Supplier. In-transit insurance is not included in the courier fee and can be requested at an additional cost of 2% of the value of the order.
- UNDELIVERABLE PACKAGES
Be advised that our courier companies deliver during normal work hours 08h00 – 17h00. Kindly ensure that someone is at the address given to receive your order. In cases like this packages are returned to us as undeliverable. Should this event take place every attempt will be made to re-ship and you might be liable for additional courier costs.
- ORDER PROCESSING
Order processing will not begin until we receive a confirmed order and full payment reflects in our bank account.
- REFUNDS / RETURN POLICY
Should you for any reason wish to cancel your purchase you will be liable for a 25% handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. The goods must be returned to the Supplier involved, undamaged in the original packaging within 7 calendar days. * Note: Gas Genie (Pty) Ltd recommends that you use a reliable and reputable courier service for all returns as it offers shipment tracking through a 24 hour customer helpline. Should you choose to use a courier that does not offer a tracking facility and the goods are lost then no refund will be considered.
Should you for any reason have a technical problem, covered by the warranty of such item, arrangements will be made with you in writing to return the item and it will be repaired under the warranty. Kindly note that the gas COC and/or electrical COC must accompany your return with you purchase with full details of the registered installer.
Gas Genie (Pty) Ltd endeavours to offer you competitive prices on current products, your total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping). Gas Genie (Pty) Ltd reserves the right to change pricing at any time without prior notice.
We only accept deposits in the case where stock is limited and you wish to secure the stock at the quoted price than paying for the goods at the new increased value when due in South Africa. The full purchase price must be paid within 30 days from quote / pro forma invoice. If the buyer decides to cancel the sale during the 30 day period, a 10% cancellation fee will be charged and the balance refunded. In the event of the buyer not honouring the purchase within the said 30 day period, we shall send you the stock that you have booked at the current selling price plus courier to your area. You therefore will only receive stock to the value of your deposit at the latest selling price.
Note: Please check stock availability before making a payment.
EFT (Electronic Fund Transfer)
One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to ‘Checkout’ and follow the order processing instructions. Select the option to pay via EFT. You will then have to load Gas Genie (Pty) Ltd as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.
FIRST NATIONAL BANK
ACCOUNT: CURRENT GOLD BUSINESS CHEQUE ACCOUNT
ACCOUNT NAME: Gas Genie (PTY) Ltd
BRANCH CODE: 250-655
ACCOUNT NUMBER: 62526393004
You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment except you’ll have to go into your bank and physically make your direct deposit there. Please E-mail your deposit slip to us at firstname.lastname@example.org to ensure your payment is confirmed and order shipped as quickly as possible.
For more information about how to order, special order requirements and other payment options please contact our Sales Team on 0786565320 or
E-mail us at email@example.com
- USER WARRANTY
You represent and warrant to GIG that:
you have full power, authority, and legal capacity to enter into these terms and conditions and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company;
you will provide complete and accurate information to Gas Genie (Pty) Ltd what you warrant is true and correct;
you will adhere to these terms and conditions; and
in the event that your use of the website is dependent on using a cellular phone, personal computer, bandwidth or such other device or technology of another person, you have the necessary permission from that person.
You agree to indemnify, defend and hold Gas Genie (Pty) Ltd, its subsidiaries, affiliates, officers, agents, licensors, employees and any other partners harmless from any and all claims, losses, expenses, damages, actions, demands, liabilities or costs, including but not limited to legal fees resulting from your violation of these terms and conditions, your violation of any rights of a third party, and/or any content posted by you on or through the website.
- MODIFICATIONS TO THE WEBSITE AND/OR THE GOODS
Gas Genie (Pty) Ltd reserves the right at any time to modify or discontinue, temporarily or permanently, the website or any part thereof with or without notice to you. Gas Genie (Pty) Ltd will not be liable to you or to any third party for any such modifications, suspension, or discontinuance of the website.
- AMENDMENTS TO TERMS AND CONDITIONS
Gas Genie (Pty) Ltd reserves the right to amend these terms and conditions at any time, for any reason with or without notice to you. The amended terms and conditions shall enter into force on the date that they are published on the website or from the first time you log on to Gas Genie (Pty) Ltd subsequent to such amendments, whichever occurs first.
WHILST EVERY EFFORT HAS BEEN MADE BY GIG TO ENSURE THE PROPER PERFORMANCE OF THE WEBSITE, Gas Genie (Pty) Ltd DOES NOT GUARANTEE THE AVAILABILITY OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE GOODS ARE PROVIDED BY Gas Genie (Pty) Ltd ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE AFOREGOING, Gas Genie (Pty) Ltd AND ITS PARTNERS DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE WEBSITE AND THE GOODS. WE MAKE NO WARRANTY THAT THE WEBSITE AND THE GOODS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, COMPLETE, TIMELY, OR ERROR-FREE BASIS.
ANY MATERIAL OR DATA OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA THAT RESULT FROM YOUR USE OF THE WEBSITE. YOU ALSO AGREE THE Gas Genie (Pty) Ltd HAS NO RESPONSIB0ILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR DATA MAINTAINED BY THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gas Genie (Pty) Ltd OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS OF SALE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE AFOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
YOU AGREE THAT Gas Genie (Pty) Ltd WILL NOT BE LIABLE FOR ANY LOSS OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, ANY CONTENT ACQUIRED FROM Gas Genie (Pty) Ltd, FROM ANY THIRD PARTY THROUGH THE WEBSITE, OR IN CONNECTION WITH ANY INFORMATION OR DATA. Gas Genie (Pty) Ltd WILL FURTHER NOT BE LIABLE TO ANY THIRD PARTY WHO HAS OBTAINED CONTENT FROM YOU. IN THE EVENT OF A COURT RULING THAT THE AFOREGOING PROVISIONS ARE INVALID OR NON-BINDING, YOU AGREE THAT Gas Genie (Pty) Ltd LIABILITY WILL BE LIMITED TO AN AMOUNT OF R5,000.00 (FIVE THOUSAND RAND) FOR ALL CLAIMS DURING ANY CALENDAR YEAR. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you breach any of your obligations in terms of these terms and conditions, Gas Genie (Pty) Ltd shall be entitled, without derogating from any other right may have in terms of these terms and conditions or otherwise, cancel these terms and conditions and without prior notice to you, restrict or suspend your access to the website for such period of time as Gas Genie (Pty) Ltd may deem fit, remove any content posted by you and/or terminate your access.
- WAIVER AND SEVERABILITY
The failure of Gas Genie (Pty) Ltd to enforce any rights or provision of these terms and conditions will not be deemed a waiver of such rights or provisions. In the event of any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions of these terms and conditions will remain in full force and effect.
You agree that for the purposes of the giving of any notice, Gas Genie (Pty) Ltd may send such notices to your e-mail address or facsimile number as is indicated by you. Gas Genie (Pty) Ltd chooses Mazeppa Bay Hotel, Mazeppa Bay, Wild Coast, Eastern Cape for the purposes of the giving of any notice.
- GOVERNING LAW AND JURISDICTION
These terms and conditions and the relationship between you and GIG will be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions. You consent to the jurisdiction of the relevant Magistrate’s Court of South Africa having jurisdiction in respect of any proceedings instituted by either party in terms of these terms and conditions. In the event that legal proceedings are instituted by either party against the other, the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.
These terms and conditions constitute the entire agreement between you and Gas Genie (Pty) Ltd relating to the subject matter hereof and these terms and conditions supersede and replace any prior agreements between you and Gas Genie (Pty) Ltd. Any claim or cause of action arising out of or related to the use of the website or the terms and conditions must be filed within 1 (one) year after the claim or cause of action arose or be forever barred.
Should you experience any difficulties with any aspect of the goods and/or the website, contact us on +27 786565320 during office hours (08h00 to 17h00) or send an email to firstname.lastname@example.org
- DISCLOSURES REQUIRED IN TERMS OF SECTION 43 OF THE ECT ACT
The following disclosures are made in terms of section 43 of the ECT Act:
Full name and legal status: Gas Genie (Pty) Ltd
Telephone number: + 27 786565320
E-mail address: email@example.com
Physical address: Mazeppa Bay Hotel, Mazeppa Bay, Wild Coast, Eastern Cape
For the period January 2021 until end of January 2023 we shall be operating our online business from The Mazeppa Bay Hotel, Wild Coast, Eastern Cape where my wife has taken up employment to help long time friends with the running of their hotel.
Main business: To provide and retail gas and electrical related products
Registration number: 2016/539708/07
Office bearers (directors): Reginald Anthony de Lange
Alternative dispute resolution: Please refer to the Standard Terms and Conditions.
Copyright subsists in this work. No part of this work may be reproduced in any form or by any means without the author’s and/or publishers’ written permission. Any unauthorised reproduction of this work will constitute a copyright infringement and render the offender liable under both civil and criminal law for such infringement.
Whilst every effort has been made to ensure the information published in this work is accurate, the authors, editors, publishers and printers take no responsibility and/or no liability whatsoever for any loss or damage suffered by any person as a result of reliance upon the information contained herein or for any other reason whatsoever arising out of this work.