Shop terms and conditions

TERMS AND CONDITIONS OF USE

 

1. DEFINITIONS

1.1. TYR (SA) shall mean ACTION-IZE CC trading as TYR (SA).

 

2. USAGE

2.1. By using the TYR (SA) website in any way, for any reason whatsoever, you shall be deemed to have accepted all of these Terms and Conditions unconditionally. You must not use this website if you do not agree to be bound by these Terms and Conditions.

2.2. This website is intended to provide the user with information regarding TYR (SA) and its products which are offered for sale to the public.

2.3. Without derogating from the aforegoing, TYR (SA) hereby authorises the user to view, download to a local drive, copy, print and distribute the content of this website, or any part thereof, provided that:

2.3.1. such content is used for personal benefit and/or non-commercial purposes only; and

2.3.2. any reproduction of this the content of this website, or portion thereof, must include the following copyright notice: © TYR (SA) 2018 All Rights Reserved.

2.4. Users that wish to use content from this site for commercial purposes may only do so with prior written permission.

 

3. INTELLECTUAL PROPERTY RIGHTS

The contents and materials of this website, including any computer programs, software, html code, icons, text, links, graphics, artworks, images, sound clips or files, audiovisuals, trade names, logos, trade and service marks, private information, designs and/or product packaging are protected by law, including but not limited to copyright, patent and trade mark law, and any adaptations of such content and materials, are the property of TYR (SA) and/or third parties and as such, are protected from infringement by domestic and international legislation and treaties. Rights to all intellectual property on this website are expressly reserved, subject to the rights afforded to the user herein.

 

4. AGREEMENT

4.1. The material contained on this website is for information only and does not constitute advice or a recommendation of any nature.

4.2. To the extent that information displayed on this website relates to any products, services, events or competitions or any costs, prices, fees or prizes related to such products, services, events or competitions, you acknowledge that this information may not be accurate or complete.

4.3. Any views or statements made or expressed on this website are not necessarily the views of TYR (SA) , its subsidiaries, affiliates, employees, servants or agents.

4.4. Any of the information, products, services, events or competitions on this website may be modified or suspended or removed by TYR (SA) without notice.

4.5. Use of this website does not constitute an agreement between TYR (SA) and the user or between the user and any representative, agent, employee or distributor of TYR (SA).

 

5. LINKING AND FRAMING

5.1. Any third party site may link to this website provided that such a link is coded to the home page of this website.

5.2. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of this website, without the prior written approval of TYR (SA) .

5.3. It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of TYR (SA).

5.4. You are not permitted to “deep link” to this website.

 

6. LINKS TO THIRD PARTY SITES

6.1. TYR (SA) may provide links to the user only as a convenience and the inclusion of any link does not imply TYR (SA) endorsement of such sites and as such are not responsible or liable for the information, material or contents, maintenance of, or activities conducted on, any website to which this website provides a link.

6.2. Despite the fact that this website may refer to or provide links to other websites, your use of such other websites is entirely at your own risk. Such other websites or pages are not subject to the control of TYR (SA) and TYR (SA) shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website. Neither shall TYR (SA) , its affiliates, subsidiaries, employees, and agents be responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained in such other websites.

 

7. SEARCHING TECHNOLOGY

The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted if such technology will result in slowing down this website’ server or if such technology constitutes a copyright infringement of any data and information available from this website. Data and information may only be used in compliance with sections 2 hereof.

 

8. CHANGES AND AMENDMENTS

8.1.  TYR (SA) reserves the right, in its sole discretion, to alter and/or amend any criteria or information contained in this website without prior notice.

8.2. Users undertake to check the TYR (SA) website frequently to acquaint themselves with the changes and/or amendments in the information supplied on the website.

8.3. If you use this website after such updated or amended Terms and Conditions have been displayed on this website, you will be deemed to have accepted such updates or amendments.

 

9. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

9.1. No information or data on this website is an offer, but merely an invitation to purchase products.

9.2. Data messages, such as e-mail, are only deemed to have been received by TYR (SA) once replied to and such a reply does not include an auto-reply.

 

10. REQUIREMENTS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002

10.1. The full name and legal status of the website owner is: ACTION-IZE CC,Reg. No 1995/042359/23

10.2. The full website address is https://www.tyr.co.za

10.3. Office bearer of TYR (SA): Colleen Mendelsohn

10.4. Physical address for receipt of legal service:

13 Bell Crescent

Westlake Business Park

WESTLAKE

7945

10.5. Main business: The internet sale of performance and functional swimwear, swimming equipment, multisport apparel and associated products.

 

11. SEVERABILITY

11.1. These Terms and Conditions of Use constitute the entire agreement between TYR (SA) and you, the user of this website. Any failure by TYR (SA) to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.

11.2. In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

 

12. APPLICABLE AND GOVERNING LAW

12.1. This website is hosted, owned, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this website and these terms and conditions.

12.2. You consent to the jurisdiction of the South African courts for any dispute that may arise out of these Terms and Conditions.

 

13. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI

If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:

13.1. Physical address:

13 Bell Crescent

Westlake Business Park

WESTLAKE

7945

Postal Address:

PO Box  13

STEENBERG

7947

 

14. DELIVERY POLICY

Subject to availability and receipt of payment, requests will be processed within 3 days and delivery confirmed by way DSV courier waybill.

The offering on this website is available to South African clients only.

15. RETURNS AND REFUNDS

• The provision of goods and services by TYR (SA) is subject to availability. In cases of unavailability, TYR (SA) will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10 % administration and restocking fee.
• Refunds will only be provided if items are;
  • in a re-sellable condition
  • The item being returned qualifies for return
  • The item is in its original packaging, with labels attached

• Swimwear still has hygiene strips attached

16. CUSTOMER PRIVACY

TYR (SA) 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 from: http://www.polity.org.za/attachment.php?aa_id=3569.

17. PAYMENT OPTIONS ACCEPTED

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the TYR (SA) bank account, the details of which will be provided on request.

18. CARD DETAILS:

Card acquiring and security Card transactions will be acquired for TYR(SA) via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

19. CUSTOMER DETAILS

Customer details will be stored by TYR (SA) separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

20. MERCHANT OUTLET AND CURRECY

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

21. RESPONSIBILITY

TYR (SA) 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.

21. COUNTRY OF DOMICILE

This website is governed by the laws of South Africa and TYR (SA) 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, as per 10.4 above .

22. VARIATION

TYR (SA) may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

DISCLAIMER

 

1. DEFINITIONS

1.1. TYR (SA) shall mean ACTION-IZE CC trading as TYR (SA) .

 

2. DISCLAIMER

2.1. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, ACTION-IZE CC trading as TYR (SA) shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this web site. Furthermore, TYR (SA) makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free.

2.2. This website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with TYR (SA) that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

2.3. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of TYR (SA) and users are encouraged to consult professional or third-party advice before taking any course of action related to information, ideas, recipes or opinions expressed on this site.

2.4. Neither TYR (SA) nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product purchased directly or from retail outlets as a result of promotion from or on this website.