Terms of Service

Introduction
1. Gedore Tools SA (Pty) Ltd ("Gedore") offers its products for sale on this website http://gedore.co.za ("the website") to you or to the organisation which you represent ("the user" or "you") subject to the terms and conditions (collectively "the terms").
2. If you register as a subscriber through the website or otherwise access and use the website, you agree to be bound by the terms.
3. Gedore may at any time, without notice to you amend the terms or impose new terms, which may include but are not limited to, providing for fees and charges for use of the website and thereafter your continued use of the website will be subject to such amended terms.
4. The use of the website is a convenient way to shop for the products which Gedore offers without leaving your home, office or factory. The products are displayed by pictures on the website. Minor variations between the actual product sold and the picture may occur.
5. We operate online to handle your enquiries or you can call the number directed on the website, to check on your delivery and for help, attention to complaints and any queries.

Content and use of website

Gedore gives no warranties, and makes no representations, statements or guarantees (whether express, or implied) regarding the website, any of the information contained on or referred to in the website or that the content of the website is free from errors or omissions or that it will be uninterrupted, error-free or safe from unauthorised access. The website is accordingly supplied on an "as is" basis and has not been compiled or created to meet the individual requirements of users.
Every effort has been taken to ensure that the website is free from viruses, but Gedore is not liable in the event that a virus is transmitted from the website to the user's computer system.
The user indemnifies Gedore, its directors and employees and waives any rights it may have against Gedore in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered or incurred by the user and/or third party as a result of or which may be attributable directly or indirectly to the user's use of or inability to use, the website or the services or content provided.
The user undertakes not to divulge its user name or password to any other person.

Electronics Communications and Transactions Act

The following disclosures are made in respect of Gedore, as required by section 43 of the Electronic Communications and Transactions Act, 2000:

Full name and legal status:
Gedore Tools SA (Pty) Ltd, a company duly registered in accordance with South African law.
Physical address and telephone number:
Gedore’s head office and factory is at 103 Qashana Khuzwayo Rd (Shepstone Rd), New Germany, 3610, KZN, South Africa.
Telephone number: +27 – (0)31 705-3587
Website address and e-mail address:
Website: http://gedore.co.za (hosted and managed in the Republic of South Africa.)
E-mail: [email protected]
Membership of any self-regulatory or accreditation bodies to which Gedore belongs or subscribes and the contact details of that body:
Not applicable.
Any code of conduct to which Gedore subscribes and how that code of conduct may be accessed electronically by the user:
Not applicable.
Registration number:
1965/000340/07
Names of directors:
Mr Bruce Hodginson, Sales and Marketing Director, Mr Banzi Gomba, Supply Chain Director.
Registered office:
103 Qashana Khuzwayo Rd (Shepstone Rd), New Germany, 3610, KZN, South Africa.
Physical address where Gedore will receive legal service of documents:
103 Qashana Khuzwayo Rd (Shepstone Rd), New Germany, 3610, KZN, South Africa.
Description of the main characteristics of the goods or services offered:
Gedore offers for sale to you various products ("products") for use in the home, office or factory in the product categories listed below.

Spanners
Sockets and Socket Sets
Pliers
Screw Drivers
Other Hand Tools
Tool Boxes, Trolleys, Chests and Cupboards
Tool Assortments
Hammers and Chisels
VDE Safety Tools
Torque Tools
Pullers
Apprentice Training Kits
Artisan Training Kits

Customized Workshop Solutions

See the pictures of products on the website and the descriptions reflected therein (Gedore does not warrant that the product descriptions are accurate, current or free from error).

Full price of the goods, including transport costs, VAT and other fees or costs:
1. Prices are specified on the website next to the picture of each product.
2. Prices reflected on the website may change without notice to a user.
Manner of payment:
1. Payment must be made by you when you place an order and you must provide us with proof of payment within 14 business days of placing the order, failing which your order will be deemed to be cancelled by you.
2. You may make payment by Mastercard or Visa credit card or by electronic funds transfer (EFT) to Gedore's bank account, the details of which are as follows:
  Bank: Standard Bank
  Name: Gedore Tools SA Pty (Ltd)
  Account: 051895293
  Branch: 045626
3. Gedore does not collect or store your credit card information or other banking details. All payments done via the website are processed by the Standard Bank of South Africa Limited via PayGate
4. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. Gedore's website registration documents and the website's registered domain name are checked and verified to ensure that third parties are unable to impersonate PayGate to obtain confidential information.
5. PayGate is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when contemplating online transactions. PayGate internet servers are protected by firewalls and intrusions detection systems. PayGate continually reviews and enhances its security in line with technological changes.
6. The payment system we believe is sufficiently secure in terms of accepted technological standards and will be so at the time of each transaction effected through the website.
7. We will not process your order or deliver any products to you until you have made payment of the full price and it is reflected in Gedore's bank account.
8. All payments must be in South African Rand and all bank charges are payable by you.
Cooling off:
1. In terms of section 44 of the Electronic Communications and Transactions Act, 2002, if you are a natural person (i.e. not a company or CC), you may cancel, without reason and without penalty, any online transaction and any related credit agreement for the supply of products by Gedore, within seven days after the date on which Gedore delivers the products to you. You are liable for the costs of returning the goods to us.
2. If you have paid for the goods before exercising your right to cancel your transaction, we will give you a full refund of such payment within 30 days of the date of cancellation.
Terms of agreement, including any guarantees, that apply to online orders:
1. Delivery:
  - When you place the order via our Website, you must select a delivery address ("delivery address").

If you wish to change the delivery address, you may contact Gedore by [email protected] before placing your order. Gedore cannot however guarantee that delivery will be made to a changed address.
Deliveries within the Republic of South Africa are free.
We will deliver the products which you have ordered via the website to your specified delivery address, on business days, within 30 days after the date on which payment of the full price and it is reflected in our bank account.
If a person other than you receives the products at the delivery address, that person is deemed to be authorised by you to accept delivery. When delivery takes place the person receiving delivery must sign and print his or her name on the company delivery note to confirm receipt. Delivery shall be deemed to have been completed on off-loading of the product at the address specified by you or to which you subsequently changed.

Risk and Ownership: Risk in and to the products and ownership of the products passes to you on delivery at the delivery address or changed address.
Damaged or incorrect products: If any delivery which you receive contain any products of which are damaged or faulty or if you consider that there has been short-delivery or you have received incorrect products, you must notify Gedore within 7 days of delivery and we will arrange the return of the products to us and we will refund you, failing which you will have no claim against Gedore. Save as set out in this clause 3.14.3 you will have no claim for refund or any other claim against Gedore.
Changes to order: You may change or cancel your order by written notice to Gedore within 7 days of placing it on the website., provided that Gedore has not already commenced the delivery process. If Gedore has done so then you may not cancel or change the order except as provided for in clause 4 (Cooling-Off) above.
Product availability: Gedore will use its best endeavours to fulfil orders placed but this is subject to the availability of the products ordered. If an order for any products cannot be fulfilled within the 30-day period referred to above, we will notify you thereof in writing and refund you any amounts which you have pre-paid in respect of such products, within 30 days after the date of our notice.
Disputes: Should there be a dispute which arises out of or in connection with the use of the website the party raising the dispute may refer it to the other party in writing for resolution. The parties or their representatives must attempt to meet within 10 days of receipt of the notification. Should they fail to resolve the dispute or to meet within the above period or to agree an alternative dispute resolution process (including but not limited to arbitration or mediation) within such period, or within such extended period as may be agreed, either Gedore or you may take whatever action it deems appropriate to resolve the dispute. This clause does not prevent either party from applying to any court of competent jurisdiction for appropriate urgent relief.
Supervening Impossiblity: Gedore shall not be liable for any failure to meet its obligations, or any delay in meeting them, to the extent that failure or delay is attributable to supervening impossibility. Supervening impossibility means any exceptional event or circumstances which is beyond Gedore's reasonable control; and which it could not reasonably have provided against before entering into the agreement with you; and which, having arisen, could not reasonably have been avoided or overcome by it, including force majeure and vis major events such as strikes, riots, extreme weather and essential services interruptions.
Guarantees or warranties: Gedore gives the guarantees or warranties about the products which are reflected on the website near the description of each product. Gedore gives no other guarantees or warranties whatsoever and the guarantees or warranties on the website are in substitution for and not in addition to any guarantee or warranty implied at common law. Subject to the Gedore warranties, the products are sold on a "voetstoots" or "as is" basis.
Waiver of claims: You waive any claim you may have against Gedore in respect of or arising out of your use of the website or inability to use the Website and you indemnify and hold Gedore harmless against any liability, claim or damage that Gedore may suffer as a result of your use of the website, except to the extent that such liability, claim or damage is caused by a grossly negligent or intentional and unlawful act or omission of Gedore, or any person acting for or controlled by Gedore.
Access, storage and electronic reproduction of these terms by users:
- You may access these terms on the website.
- Gedore hereby authorises the user to view, download to a local drive, store, print and distribute these terms, provided that:
- the material is used for information purposes only and is not used for commercial purposes;
- any reproduction of the content of the website, or portion thereof, must include the following copyright notice: © Gedore Tools. All Rights Reserved and may only be done for personal use and not for commercial use.
Manner and period within which users can access and maintain a full record of the transaction:

All transaction histories are available at any time on the website.

Return, exchange and refund policy:
Except as otherwise set out in these terms or by operation or law, you may not, under any circumstances whatsoever, return any product or claim a refund in respect of products you have purchased from Gedore.
Any alternative dispute resolution code to which Gedore subscribes and how the wording of that code may be accessed electronically by the user:
Not applicable.
Security procedures and privacy policy in respect of payment, payment information and personal information:
See our Privacy Policy published on the Website.
Minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently:
Not applicable.

Right to review transaction

We provide the user with an opportunity:

to review the entire electronic transaction;
to correct any mistakes; and
to withdraw from the transaction before finally placing any order.

Copyright and intellectual property rights

Copyright and all intellectual property rights in all materials, graphics, text, icons, photographs, videos, designs, trademarks, software, databases, texts, drawings, data, trademarks, names, logos and service marks made available or displayed on this website (collectively "materials") are owned by Gedore; alternatively, Gedore is the lawful user thereof.
The user may not copy, reproduce, distribute, sell or otherwise use the materials except as set out in these terms.

External links

External links to other websites may be provided for the user's convenience, but any other websites are beyond the control of Gedore and no representation is made as to their content.
No hypertext links shall be created from any website controlled by the user or otherwise to this website without the express prior written permission of Gedore.

Communications

The user shall not post or transmit through the website any material which violates or infringes in any way upon the rights of others, which is unlawful, or is otherwise objectionable, or which, without Gedore express prior approval, contains advertising or any solicitation with respect to products or services.
Data messages, such as e-mail, are only deemed to have been received by Gedore once replied to and such a reply does not include an auto-reply.
Data messages sent to Gedore are deemed to have been sent from the originator in the form actually received by Gedore and the user will be bound by such communication.

Privacy and security policy

Gedore is sensitive to the private nature of the information the user provides over the website and shall take all reasonable steps to protect the personal information of the user.
To supply the products to you, we require you to provide us with certain personal information including your name, contact and credit card information. Although the supply of your personal information is voluntary, if you do not provide this information to us, we are unable to provide you with your requested products.
In order to improve our website and product offerings, we may also ask you to provide us with information about your personal or professional interests, demographics and work experience. Such information is provided voluntarily and is not necessary to enable us to supply the products to you.
You agree that Gedore may collect your personal information from you or any other source, and store it on its website database or in any other secure manner.
Gedore may, from time to time, share your personal information with delivery and courier services and/or any other organisations which are part of providing our goods and services to you. Gedore ensures protection of your personal information by only entering into agreements with third parties that have policies that comply with the Protection of Personal Information Act (“POPI”).
Gedore does not permit any of these service providers to collect any of your personal information on our sites or in our services, applications, or tools for their own purposes.
Our IT systems have sufficient protection measures to ensure that your personal information will not be unlawfully accessed.
If Gedore's website database is hosted in a foreign country, you agree that Gedore may store your personal information on its website database in such foreign country.
You agree that Gedore may store and use your personal information on these terms and conditions for as long as Gedore considers it necessary to enable it to supply the products to you, and for a period of 12 calendar months thereafter.
By using the website, the user agrees that Gedore may use and disclose the user's personal information for the purposes of supplying the products to you and for any other purpose which is compatible with this purpose, including:

for communication purposes from time to time. You may request to be removed from any communication system at any time;
for statistical purposes;
to improve the website, to improve and develop new products, features and services, to provide marketing with aggregate information about the user base and usage patterns;
in the ordinary course of its business and for promotions and marketing;
to share your information with its business partners for commercial purposes;
to a party if it believes that it is required by law or by a court to do so; or
if Gedore believes that this is necessary to prevent or lessen any unlawful or harmful actions.

Gedore's database of personal information which it collects and stores is one of its most valued assets. If Gedore elects to sell its business, you agree that it may freely transfer its database to the purchaser thereof. You agree that you will not have any claim against Gedore arising from or as a consequence of the sale by Gedore of its business to a third party. Gedore strives to keep your personal information complete, accurate and up to date. We will provide you with online access to your personal information which is stored on our website database so that you may view, update and/or correct it.
You may at any time notify Gedore that you object to Gedore collecting, using and storing your personal information. Gedore will within a reasonable time after receipt of your objection, ensure that it no longer collects, uses or stores your personal information.
You may at any time lodge a complaint with the Information Regulator if in your view, Gedore is collecting, using or storing your personal information in contravention of the provisions of the Protection of Personal Information Act, 2013.

Information Regulator Contact Details

JD House,

27 Stiemens Street,

Braamfontein,

Johannesburg, 2001

P.O Box 31533, Braamfontein, Johannesburg, 2017

Complaints email: [email protected]

General enquiries email: [email protected].

Cookies and tracking technology

The website may use cookie and tracking technology depending on the features offered.
A cookie is a small piece of information which is sent from the website and stored in your web browser while you are browsing the website. Every time you load the website, your browser sends the cookie back to the website to notify the website of your previous activity and your preferences. It enables the website to personalise your visit to the website by customising web pages for you.
Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personal information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared by Gedore with third parties.
By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. You can personalise your browser settings by using the Google Analytics opt-out browser add-on.
If you wish to know more about cookies and how they are used, please visit www.youronlinechoices.com or www.allaboutcookies.org. Information on these websites will assist you to exercise your privacy rights by providing guidance on how to opt out of future access or continued storage of information via cookies.

Notices

Unless otherwise specified any notice or communication in terms of this agreement must be in writing and must be sent by hand, telefax, registered post or e-mail to the addresses/telefax numbers below, which physical addresses the parties select as their respective domicilium citandi et executandi:

Gedore Tools SA (Pty) Ltd	103 Qashana Khuzwayo Rd (Shepstone Rd), New Germany, 3610, KZN, South Africa. E-mail: [email protected]
The user	The delivery address and e-mail address first provided by the user on the website or any substituted delivery address

Gedore may change its address/e-mail to any other address/e-mail within South Africa. Such change will only take effect upon it being posted on the website.
Any notice or communication shall:

if delivered by hand during business hours to the person apparently in charge of the premises selected by the addressee for the delivery of notices be deemed to have been received on the date of delivery;
if sent by registered post to the selected address, be deemed to have been received 6 days after posting;
if sent by e-mail or telefax to the selected e-mail or telefax address of the addressee, be deemed to have been received on the first business day following the date on which it has been transmitted from the information system under the control of the sender.

Any written notice or communication which has actually been received by a party shall be regarded as sufficient notice even if it has not been sent in the manner or to the addresses provided for above.

General

These terms constitute the sole record of the agreement between the user and Gedore in relation to the website and purchase of the products through the website. Neither the user nor Gedore are bound by any express, tacit or implied representation, warranty, promise nor the like not recorded herein.
Gedore may cede, assign and delegate all or any of its rights and obligations in these terms to any third party. The user may not cede, assign or delegate any of its rights or obligations without Gedore's prior written consent.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
For the purposes of this agreement:

"day" means a calendar day;
"business day" means any day other than a Saturday, Sunday or South African or Zimbabwean Public Holiday;
whenever any number of days is prescribed, it excludes the first and includes the last day unless the last day falls on a Saturday, Sunday or South African public holiday in which case the last day will be the next succeeding business day.

Any costs incurred by a party arising out of the breach by any other party of any of the provisions of this agreement must be borne by the party in breach on an attorney and own client scale.