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C21 Engineering - Dreamscience SA

Terms and Conditions

STANDARD TERMS AND CONDITIONS
FOR SALE OF GOODS
OF
C21 Engineering

1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Purchaser" means the person, or his authorised agent, who purchases Goods from the Seller;
1.2 "Consumer" means the end user of the product;
1.3 "Goods" means the articles that the Purchaser, or his agent, agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means Shaun Schaper (owner) based in South Africa trading as C21 Engineering from 31 Ricketts Street, De Tijger, Parow, Cape Town, South Africa 7500.
1.6 Contact details for The Seller are as follows:
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Telephone: +27 826 784 759
Fax: +27 866 784 152
1.7 "Terms and Conditions" means the binding terms and conditions of sale as set out in this document as well as any special terms and conditions agreed to in writing by the Seller.
2 GENERAL
2.1 The Seller is a business in the automotive industry that markets and sells performance tuning products and services.
2.1 These Terms and Conditions shall apply to all contracts for the purchase of Goods and shall take precedence over any other documentation or communication from the Purchaser.
2.2 All orders for Goods shall be deemed to be an offer by the Purchaser to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be null and void unless agreed to in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Purchaser's common law rights as a Consumer.
3 EXPORT SALES
All products manufactured by dreamscience Automotive Ltd (noted by the inclusion of the dsci hologram on the product description pages) are only offered for sale within South Africa. Products by other manufacturers or manufactured by C21 Engineering are available for sale and delivery worldwide.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The final purchase price is inclusive of tax, however delivery charges may be added during checkout.
4.2 Payment may be made via Visa, MasterCard, Diners or American Express credit cards using our secure payment gateway provided by Paygate, or by bank transfer into the C21 Engineering bank account, the details of which will be provided on request.
4.3 Credit card transactions will be acquired for the Seller via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
4.4 Customer details will be stored by the Seller separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
4.5 The Seller shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded on this link - http://www.polity.org.za/attachment.php?aa_id=3569.
4.6 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
4.7 Payment of the total purchase price (including any delivery charges) must be made in full before dispatch of the Goods.
4.8 When a coupon code is used then only one product can be purchased per transaction unless otherwise arranged and confirmed in writing with C21 Engineering.
4.9 All coupon codes are issued at our discretion, if we believe your use of a coupon code to be incorrect for any reason then we reserve the right to cancel the coupon code and will require further payment for its value to confirm your order.
4.10 Any correspondence regarding coupon codes should be made via email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , telephone conversations or other forms of communication will not be held as binding.
5 DELIVERY
5.1 Delivery of the Goods shall be made by the Seller notifying the Purchaser that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Purchaser at the time the order is placed.
5.2 All Goods, wherever possible, will be delivered within 3-5 working days of the order being placed and the Purchaser shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Purchaser or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
5.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 5.2, the Seller will contact the Purchaser to advise of the situation and the Purchaser shall be entitled to cancel the order and receive a full refund within 30 days or agree a later delivery date.
5.5 The risk in the Goods shall pass to the Purchaser upon delivery of the Goods. Ownership in the Goods will however only pass to the Purchaser on payment in full.
5.6 The Seller uses Courier IT as it's courier service, and tracking numbers for dispatched goods are available on request.
6 WARRANTY
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
7 CANCELLATION AND RETURNS
7.1 The Purchaser shall inspect the Goods immediately upon receipt and shall notify the Seller within 3 working days of delivery if the Goods are damaged or do not comply with the order.
7.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Purchaser to the Seller and the Purchaser shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
7.3 To return a product please request an RMA number using our Support Ticket section under your Members menu on our website. Clearly state your reason for return, and an RMA number will be emailed to you if your return request is accepted.
7.4 Goods to be returned must clearly show the order number obtained from the Seller and the RMA number received via your Support Ticket on the package.
7.5 Where returned Goods are found to be damaged due to the Purchaser's fault the Purchaser will be liable for the cost of remedying such damage.
7.6 Where Goods are purchased via the internet, by mail order or by phone or fax, the Purchaser has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Purchaser's cost and should be adequately insured during the return journey. The Purchaser shall receive a refund of all monies paid for the Goods excluding delivery charges, if any, and return postal charges within 30 days of cancellation.
7.7 Any product which is defined as "Software Only" is non-refundable.
7.8 Any returns of tuning units will only be processed when the vehicle has been returned to it's stock settings, and all modifications performed by our product has been removed.
8 GUARANTEES
In addition to the Purchaser's common law rights, the Seller guarantees all Goods against faulty workmanship and materials for a reasonable lifetime period from the date of delivery. This guarantee only applies to the original Purchaser as stated on the related founding invoice.
9 LIMITATION OF LIABILITY
9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Purchaser howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
9.2 The Seller shall not be liable under any circumstances to the Purchaser or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Purchaser howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9.3 The Seller takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
9.4 More power means more engine wear. Custom tuning to your vehicle is entirely at your own risk.
9.5 All fitting carried out at C21 Engineering headquarters is at your own risk.
10 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW AND JURISDICTION
12.1 This website is governed by the laws of South Africa and the Seller chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the address on his invoice..
12.2 The Seller may, in its sole discretion, change this agreement or any part thereof at any time without notice.

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