Trading as Active Design Gear
Welcome to https://www.activedesignwear.co.za, our website. De Witt Consulting (PTY) Ltd., doing business as Active Design Wear and with its registered office at 304 Galway Avenue in Bronberrick, Centurion, 0157, and tax identification number 2023/534416/07, owns this website.
The material on this website and/or the pages that make up the website is primarily made available to current and potential customers by Active Design Wear ("Website"). In accordance with these website terms and conditions ("Website Terms"), Active Design Wear may also promote on the Website and sell goods to its current and prospective customers. Please take the time to carefully read these website terms, and if you have any questions, contact us at Active Design Wear (info@activedesignwear).
These Website Terms and our Online Privacy Policy, along with any other legal notices that may be present on other portions of this website and relating to your use of it, will all control how you use this website.
Acceptance
You must adhere to these website terms and conditions in order to use the Active Design Wear website, which is located at https://www.activedesignwear.co.za (the "Website"). Please peruse these.
You must carefully read these website terms before using the website to make sure you comprehend how they apply to you. These website terms govern how you use the website. We also advise you to print a duplicate of these website terms and keep it on hand for reference or private use.
You agree that these Website Terms will be enforceable against anyone who uses or visits the Website under the Electronic Communications and Transactions Act of 2002 (as amended) and the common law.
You acknowledge that you have read, comprehended, and agreed to all of the Website Terms by viewing, using, or registering with the Website. If you disagree with the Website Terms, please stop using this website right away. If you continue to use it, you will be instantly deemed to have accepted the Website Terms.
Please read the website terms attentively, and we advise printing and keeping a copy for your records. You reviewed that you have read, comprehended, and agreed to all of the Website Terms by viewing, using, or registering with the Website. Please stop using this website if you disagree with the terms of the website.
Accuracy of Content of the Website
Active Design Wear has done everything within its power to ensure that all product descriptions and images, as well as any other data (such as prices and availability) presented on the website, are accurate and up to date. Errors in the system and content, however, are possible. The information on our website is therefore provided without any warranties, conditions, or representations as to its correctness, to the extent permitted by law. Some product descriptions and packaging images could be generic in nature rather than unique to the item you want to purchase.
We have made every effort to ensure that the material displayed on this website, including any descriptions or images of products (collectively referred to as "Products"), is accurate, current, and complete. Despite Our best efforts, you acknowledge that content errors may happen because some Product descriptions or images of their packaging might be generic in nature and not unique to the one you want to purchase.
You recognize that We as Active Design Wear disclaim all representations and warranties, explicit or implied, that any Product Information is accurate, complete, or up-to-date and agree to inform us of any content that is inaccurate, incomplete, or out-of-date. Additionally, you acknowledge that We are not responsible for any loss, harm, costs, or expenditures caused by your reliance on any product information on the website. Despite this, We disclaim any guarantee or warranty that any third parties' rights are not violated by the Product Information displayed in or on this Website.
Send an email to Active Design Wear (info@activedesignwear.com) if you have questions about any product that is promoted on this website, and we will happily help. We also reaffirm that we'll do everything in our power to answer your question and give you a reaction within two working days of the time you submitted it.
Send an email to Active Design Wear (info@activedesignwear) if you have questions about details on a product that is listed on this website, and we will be happy to help. Within two working days, we'll reply to all your questions.
Your Personal Information
The terms of our Privacy Policy are supplemented (and added to) by the terms of the Website Rules. You can examine our Privacy Policy online at https://www.activedesignwear.co.za/privacy-policy>, where it details the types of personal data we collect about you when you use the Website. Please be aware that by accepting these Website Terms, you are also considered to have read, comprehended, and agreed to our complete Privacy Policy.
Pricing
The prices displayed on the Website will be correct to the best of our ability. You acknowledge that We reserve the right to change Our rates at any time, without prior notification, and for any reason. If there is a genuine human or system error that results in an incorrect offer being displayed on the website, we retain the right to not honor it. You acknowledge that the value-added tax (VAT) will be included in all quotes of costs in South African Rand (VAT). Additionally, you acknowledge that the rates listed on the website only apply to South Africa. Special promos might be subject to additional offer terms and conditions.
Payment
You as the user agree that you may pay for the Products with a debit, credit or a gift card.
You consent to using a debit card, a credit card, or another payment method to purchase the Products. You agree to the total cost of your order being deducted from your debit, credit or a gift card at the moment of checkout.
Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002
Full name: De Witt Consulting (PTY) Ltd.
Physical address: 304 Galway ave, Bronberrick, Centurion, 0157
Telephone number: (082) 553 7512;
Website address:<http://www.activedesignwear>;
Registration number: 2023/534416/07;
Country of incorporation: South Africa;
Chief Executive Officer: Alec de Witt
Physical address for receipt of service: 304 Galway ave, Bronberrick, Centurion, 0157
Copyright and Intellectual Property Rights
We (or Our content suppliers) exclusively own all copyright and intellectual property rights in all texts, drawings, graphics, logos, icons, and other data made available on this website (collectively, "the Materials"). We acknowledge that Our rights are protected by both South African and international intellectual property laws.
You acknowledge that all licenses given to you under the terms of these Website Terms are non-exclusive and non-transferable. You agree that these licenses are given solely to you so that you can use and appreciate the Website to its fullest. Despite this, you acknowledge and agree that We may revoke or end all licenses at any time, without warning, and for any reason. This means that any unauthorized copying, reproduction, retransmission, distribution, dissemination, selling, publishing, broadcast, or other circulation or exploitation of the Materials or any part of them will be considered a violation of the copyright and other intellectual property rights.
Only informational reasons or orders for products from Us may be made using the Materials or any of their components. Our registered and unregistered trademarks are represented by the trademarks, names, logos, and service marks (collectively "Trademarks") exhibited on this website. Without Our prior written consent or authorization, nothing on this website should be interpreted as granting any license or right to use any trademark.
You acknowledge that the majority of the purposes for which the Materials on this website are intended are in South Africa and that We make no explicit or implied warranties or representations regarding the suitability of any Products or Product Information for use outside of South Africa. If you choose to use any Products or Product Information outside of South Africa, you guarantee that you will abide by all relevant laws. You consent to indemnify Us and hold Us harmless from any liability for any loss or damage resulting from your failure to comply with any relevant laws, and this is why.
Links to other websites
External links ("External Links") are provided for your convenience, but because they are outside of our control, we disclaim all responsibility for their content, origin, and any risk of loss or harm you may experience as a result of using them.
You use or rely on any given external links at your own risk; we disclaim any responsibility for such use. You must read the external terms and conditions of use when viewing External Links, or you can ask Us if any External Links have particular requirements. Without Our explicit prior written approval or permission, you may not link any external websites to this website or any of the content that is presented on it.
Use of Website
These Website Conditions will only be enforceable by You and Us. None of these website terms may be enforced by a third party. The operation of the Website or your use of it may be suspended or terminated at any time, without prior notice and for any cause, at our sole discretion.
You agree that by using any of the Product Information on this website, We will not be held responsible for any loss or harm you may incur. We recognize that we have taken the necessary precautions to ensure that this website is free of malware such as viruses, worms, and trojan horses.
Despite this, you acknowledge that you must make every effort to have the necessary safeguards and tools in place in order to use the Website and prevent the propagation of any malware such as viruses, worms, or trojan horses. To protect Us from any liability for loss or damage resulting from the transmission of viruses, worms, trojan horses, and other malicious material from the Website, you agree to indemnify and hold Us harmless.
Address for Service
The address listed above shall be deemed to be the address for all purposes of service with respect to these terms of use, including without limitation the giving of any notification, the payment of any amount, and the serving of any process.
Active Design Wear reserve the right to change the physical address for service to any other physical address within the Republic of South Africa at any moment by notifying you through this website.
Entire Agreement
To the fullest extent permitted by law, these Website Terms and our Privacy Policy constitute the complete agreement between you and Active Design Wear and replace any and all prior terms, conditions, warranties, and/or representations.
Cession and Assignment
You agree that We will be free to acquiesce in any ceding, assignment, or delegation of Our rights and duties under these conditions. You agree that without Our prior written consent or authorization, you will not be permitted to cede, assign, or delegate any of your rights or obligations under this Agreement.
Severability
No matter how they have been grammatically combined or linked, all of the sections of these Website Terms are separate from one another. Any clause in these website terms that is or becomes void, invalid, illegal, unlawful, or otherwise unenforceable in any jurisdiction will, in that jurisdiction only and only to the extent that it is so unenforceable, be excluded from Our agreement, and the remaining clauses in these website terms will continue to be in full force and effect.
Force Majeure
If a force majeure event prevents Us from fulfilling any of Our obligations to You, those obligations will be considered to have been suspended to the extent and for the duration of that suspension, and your corresponding obligations will be suspended to the corresponding event. We will be able (but not required) to terminate all of Our rights and duties under or relating to these Website Terms by giving you notice in the event that such an event lasts longer than 14 days after it first occurs.
An event outside Our control means any event or circumstance whatsoever which is not within Our reasonable control including, but not limited to, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
Applicable Law
Without regard to any principles of conflict of law, these website terms shall be regulated by and construed in accordance with the laws of the Republic of South Africa.
Jurisdiction
You hereby agree to submit any disputes relating to the services mentioned here, the Website Terms, or any subject related to or in connection therewith to the exclusive jurisdiction of the High Court of South Africa.
Variation
The Website Terms may be updated or changed from time to time without prior notification. You should periodically review the website because by using it after any changes have been made, you agree to be bound by them. You also acknowledge that these Website Terms shall not be governed by the provisions of the Electronic Communications and Transactions Act 2002 (as amended), insofar as those provisions seek to modify, change, novate, or cancel these Website Terms.
Waiver
No change, waiver or discharge of these Website Terms will be valid unless such change, waiver or discharge is recorded in writing and signed by Active Design Wear.
Indulgence
No failure or delay by Us in exercising any right, power or privilege under these Website Terms will operate as a waiver thereof.
Warranty of Authority
You represent and warrant that these Website Terms are fully yours to engage into or be concluded.
Risk and Title
You acknowledge that the risk of loss or harm resulting from your use of the Website is entirely your responsibility, and that all risk in the Products will pass to you upon delivery. Additionally, you affirm that We will maintain ownership of the Products up until we receive complete payment from you and acknowledge that We own all Products or Product Information displayed on the Website.
Availability of Products
The products shown on this website are based on what is offered at the moment in stores and online. Some Products might occasionally be out of stock or unavailable, in which case We might not be able to complete all or a portion of your purchase. If this occurs, We will reimburse you for the cost of the affected Products.
Any Product displayed on the Website may be permanently or briefly removed from sale at any time. As a result, We won't be responsible for any losses you or a third party incur as a result of the discontinuation or suspension of the selling of a specific Product.
In cases where a Product that is the focus of an order has been pulled or put on hold and your payment has already been processed, We will reimburse you for any money you have already spent.
If there is a genuine human or system error that results in an incorrect offer being displayed on the website, we retain the right to not honor it. We will reject the portion of your purchase that is impacted by an error on the website (such as one that is in a description, an image, a price, or somewhere else). The portion of your purchase that was affected by the error will be fully fulfilled, and you will receive a refund for the remainder of it. You may return your purchase to us in accordance with the Returns Policy if you are not happy with the partial fulfillment of your order.
We reserve the right to cancel your order and issue a refund for any money you have already paid to Us if your order is impacted by a genuine mistake (including one in a description, an image, or a price).
Acknowledgements
You agree that:
Any accessory or additional item shown with the Products is shown for example purposes only and may be sold separately. Where we provide dimensions and measurements in the description of a Product, the dimensions may differ slightly in real life. It is your responsibility to confirm that the actual size of each Product is appropriate for yourself before placing your order (including whether there is appropriate and safe access to your delivery address for delivery of the Product).
