ALFA OVENS AFRICA PROPRIETARY LIMITED
STANDARD TERMS AND CONDITIONS

• INTRODUCTION

 

1. Alfa Ovens Africa Proprietary Limited, a company registered in South Africa with registration number 2018/577541/07 (“Alfa“, “we“, “us” or “our“), distributes and sells a range of commercial and domestic Alfa professional ovens, and a range of various related tools, products, and accessories (“Products”). For purposes of these terms and conditions, references made to “you” or “your” is reference to you, the consumer and end-user of the Products, who has access to or is a registered user of the Alfa website (this “Website”).

• These terms and conditions, read with the Alfa Privacy Policy, (collectively the “Terms”) govern your procurement of the Products and use of this Website, and are binding and enforceable against you. By: i) purchasing the Products; ii) accessing, visiting or using this Website; or iii) checking a box indicating your acceptance, you explicitly acknowledge that you have read, understood and agree to be bound by these Terms (including the Alfa Privacy Policy). If you do not agree with our Terms, you should not use this Website.

 

1. Headings in these Terms are inserted only for reference purpose and will not affect the interpretation of the Terms.

• CONSUMER PROTECTION ACT

 

1. For purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”), we draw your attention to, and recommend that you carefully note, these Terms.
2. If there is anything you do not understand in these Terms, it is your responsibility to approach a legal professional to explain it to you before you accept these Terms or continue using this Website.
3. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Alfa in terms of the CPA.

• PERMITTED USE

 

1. Unless otherwise specified in these Terms, you are permitted to use this Website for purposes of placing orders for, and purchasing, Products from Alfa. You are not authorised to commercially exploit, reproduce, duplicate, or copy this Website, or otherwise use any of our logos or slogans for your own business purposes, without the prior written consent of Alfa, which consent can be withheld, for any reason whatsoever, by Alfa.
2. You are not permitted to access or use this Website through any unauthorised tools, functions, services or otherwise.
3. It is your responsibility to ensure that you have internet access to use this Website, and you acknowledge and agree that the quality and speed of your internet connection may have an effect on the performance and functionality of this Website.
   

• SALE OF PRODUCTS AND AVAILABILITY OF STOCK

 

1. Orders for Products are placed with Alfa using the Website. Alfa may accept or reject your order, depending on the availability of Products, correctness of the information relating to the Products and receipt of payment or payment authorisation for the Product(s) ordered.
2. The acceptance of your order by Alfa will be communicated to you on the Website and/or via email, at which point an agreement of sale between you and Alfa will come into effect. If Alfa rejects your order for Products, Alfa will, as soon as possible thereafter, refund any amounts already paid by you for the Products.

• PAYMENT

 

1. Payment for orders will be made using a safe and secure online payment facility supplied to Alfa by a third party service provider, and will therefore be subject to the third party service provider’s terms and conditions, which you can access at Payflex.
2. Once you have placed your order for Products, you will be directed to a secure site for payment of the applicable purchase price.
3. Payment for the Product(s) will be due before the order is processed. In the event that no payment has been received after submitting your order, Alfa may automatically cancel your order.
4. It is your responsibility to ensure that your payment details are kept confidential and that your internet connection is trusted and secure.
5. Alfa will not be liable to you for any payments made (whether fraudulent, incorrect, negligent, or otherwise) using the payment facility. Alfa will use commercially reasonable efforts to assist you in resolving any issues or disputes with the third-party service provider regarding payments made using the payment facility.

• DELIVERY, RISK AND OWNERSHIP

 

1. Delivery of the Products will be made within 5 to 7 business days from the date of the order being processed by Alfa, however this will be subject to availability of the Products and any delays in delivery experienced by third-party courier services appointed by Alfa to deliver the Products.
2. Delivery costs (if any) will be calculated at check-out of the Products using the Website. In the event of a return request, you will be responsible for the cost and risk of transporting the returned Product(s) to Alfa.
3. Risk in the Products will pass to you on delivery of the Products to your designated delivery address. Ownership in the Products will pass to you upon Alfa receiving payment of the full purchase price of such Products.

• WARRANTY AND RETURNS

 

1. Alfa will pass-through all warranties it receives from the original manufacturer of the Products to you, which will cover any defects in the Product(s).
2. To the extent that you require the Product(s) to be replaced in accordance with the manufacturer warranty provided, Alfa will use reasonable endeavors to assist you with this process.
   
3. Any requests for repair or replacement of the Product(s) caused by or arising out of any of the following cases, will be charged for by Alfa:
4. failure or damage caused by your negligence, improper use, or carelessness;
5. failure or damage caused by unjustifiable repair or modification;
6. failure or damage caused by fire or water, or a natural disaster such as for example an earthquake;
7. Aesthetic changes that occur during normal wear and tear and aging.
8. Product(s) you purchase from Alfa may be returned for a refund within 7 calendar days of the date of purchase thereof, provided that the Product(s) are unused, in their original packaging, with all tags still attached to the Product(s). You will be responsible for the costs of returning the goods to Alfa.
9. Save as provided in this clause or these Terms, Alfa makes no representations or warranties, whether express or implied, as to the quality, merchantability, and fitness for a particular purpose of the Products, as well as the timeliness, availability, functionality of, or the accuracy, completeness or reliability of any information provided on, the Website.
10. You acknowledge that the use of the Website is entirely at your own risk, and you assume sole responsibility for any risk or loss resulting from your use thereof, or your reliance on any information provided on the Website.
11. This clause 7 will be your sole and exclusive remedy for any defects in the Product(s).

• REGISTRATION AND USE OF THE WEBSITE

 

1. To register on the Website, you will be required to open a user account and provide information about yourself (“Registration Data”) as well as provide a unique username and password (“Account Data”). You will need to use your Account Data to access the Website in order to purchase Products. If you are not a registered user, you will not be granted access to, and may not order Products using, the Website.
2. You warrant that the Registration Data provided is accurate, current and complete and you undertake to immediately update your Registration Data in order to keep it accurate, current and complete, for purposes of enabling Alfa to provide the required services and deliver the Product(s).
3. You agree and warrant that your Account Data will be:
4. used by only you to access the Website;
5. kept safe and secure at all times;
6. not be disclosed by you to any third-party;
7. complex, and not obvious, in nature; and
8. regularly changed to mitigate security risks.
9. Upon becoming aware of, or reasonably suspecting, any unauthorised access to or use of your Account Data, you will immediately notify Alfa and take all steps necessary to mitigate any resultant loss or harm.
   
10. By using the Website, you warrant that you are 18 years old and of full legal capacity. If not, then your use of the Website is deemed to be use under the supervision of your parent or legal guardian, and your parent or legal guardian shall accordingly be bound to these Terms and be liable and responsible for you and all your obligations under these Terms.
11. You are not permitted to use any device, software or other instrument to interfere, or attempt to interfere, with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained therein, without the prior written consent of Alfa, which consent may be withheld, for any reason whatsoever, by Alfa.

• RATINGS AND REVIEWS

 

1. You may rate and review the quality of Products and/or services received from Alfa, by posting a rating or review on the Website, and you hereby consent to Alfa using, sharing and displaying your ratings and reviews, in any manner, on the Website.
2. You undertake not to use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. Alfa reserves the right to edit or remove comments if such comments are defamatory, offensive, or include obscenities or other objectionable content, an individual’s name or any other personal information of an individual (without the knowledge or consent of that individual) or violates any privacy or other applicable law.

• OWNERSHIP AND COPYRIGHT

 

1. The Website is proprietary to and owned by (or licensed to) Alfa. All contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs graphics, icons, hyperlinks, private information, and service marks which are displayed on or incorporated in the Website (“Content“), is protected by law, including but not limited to copyright and trade mark law and is the property of Alfa, its vendors, suppliers, advertisers and/or sponsors and/or is licensed to Alfa.
2. Nothing contained in these Terms shall be read in a manner which allows you to acquire any right, title or interest in or to the Website or the Content. You are only granted a right to use the Website and to view the Content, for purposes of purchasing the Product(s).
3. Any use, distribution or reproduction of the Content is prohibited unless expressly authorised in these Terms, or otherwise provided for in law.
4. Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. We will take reasonable steps to inform you in the event that any third party or licensor terms and conditions are changed.

• LINKING TO THIRD PARTY WEBSITES

 

1. The Website may contain links or references to other websites (“Third-Party Websites“) which are outside of our control. These Terms do not apply to those Third-Party Websites, and Alfa is not responsible for the practices and/or privacy policies of those Third-Party Websites.
2. You acknowledge and agree that Alfa has not reviewed all Third-Party Websites linked to the Website, and that we are not responsible for the content of any Third Party
   

Website. Your use of Third-Party Websites is entirely at your own risk, and Alfa shall not be responsible for any loss, expense, claim, or damages, whether direct, indirect or consequential, arising from or in connection with your use of such Third-Party Websites, or your reliance on any information contained thereon.

• LIMITATION OF LIABILITY

 

1. In no event will Alfa be liable for any damages, loss or liability, whether direct, indirect, or consequential, in nature, arising out of or in connection with your access to or use of the Website and any Content, or purchases made through the Website; your reliance on the Content; or your inability to use the Website; and/or any unlawful activity on the Website or any linked Third-Party Website.
2. You hereby indemnify Alfa against any loss, claim, or damages, including all costs and expenses, which may be suffered or incurred by you or any third party arising in any way from your access to or use of the Website or any linked Third-Party Website.
3. We will take reasonable efforts to accurately reflect the description, price and any other relevant information relating to the Products. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error.
4. Without limiting the generality of the above, Alfa will not be liable for failure to fulfil any of its obligations, whether caused as a result of any failure or delay of any of its third-party contractors, or otherwise due to causes beyond its reasonable control, including, without limitation, any failure or delay of any supplier; acts of God; strikes or lock outs; war (whether declared or not); terrorism; sabotage; revolution; invasion; insurrection; strike; lock-out or any other industrial action; riot; civil commotion; mob violence; blockade; embargo; boycott; the exercise by any government of any executive or military power; acts or restrains of government; or the imposition or restrictions of or embargos on imports or exports.

• AVAILABILITY AND TERMINATION

 

1. Alfa may, in its sole discretion, at any time and for any reason, and without prior written notice, suspend or terminate the operation of the Website, or your right or ability to access the Website, or to view any of its Contents, including for scheduled and unscheduled maintenance.
2. If you breach any of the provisions of these Terms, Alfa shall be entitled, in addition to terminating or suspending your access to the Website, to exercise any rights and remedies which it may have in law against you.

• CHANGES TO THESE TERMS

 

1. Alfa may, in its sole discretion, change any of these Terms at any time. It is your responsibility to regularly check these Terms and make sure that you are satisfied with the changes. Should you be unsatisfied with these Terms or any changes thereto, please refrain from using the Website.
2. Any such change will only apply to your use of the Website after we have published the updated Terms. If you use the Website after the amended Terms have been published, you will be deemed to have accepted such changes.
   

• PRIVACY

All personal information provided by you to us will be processed in accordance with our Privacy Policy, as amended from time to time.

• GOVERNING LAW AND JURISDICTION

 

1. These Terms and the relationship between you and Alfa and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
2. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from these Terms.
3. Nothing in this clause 16, or these Terms, limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

• NOTICES

 

1. Alfa information:

Physical address for receipt of legal service: 106 Migmatite Drive, Zwartkop, Centurion, Gauteng, South Africa, 0157

Email address: info@alfaovens.co.za

1. Alfa may change the address set out above from time to time by updating these Terms.
2. All notices sent in terms of these Terms must be delivered either by hand, email or prepaid registered post and must be in English.

• GENERAL

 

1. Alfa may cede, assign or otherwise transfer its rights and obligations in terms of these Terms to any third party. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party, without the prior written consent of Alfa, which consent may be withheld, for any reason whatsoever, by Alfa.
2. If any term or condition contained herein is declared invalid, the remaining Terms will remain in full force and effect.
3. No indulgence, extension of time, relaxation or latitude which Alfa may show, grant or allow you, shall constitute a waiver by Alfa of any of its rights and Alfa shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
4. You may not in any way display, publish, copy, print, post or otherwise use the Website, and/or its Content, without the express prior written consent of an authorised Alfa representative, which consent may be withheld, for any reason whatsoever, by Alfa.