|Condition of Use|
TERMS AND CONDITIONS
Adrenalin Elements welcomes you to www.adrenalinelements.co.za
It is important that you read these terms and conditions of use carefully before using this site. By clicking on the "I accept" option you agree to be bound by the terms and conditions of use as set out herein.
Due to the nature of a website, please remember to always read the Terms and Conditions before entering into a transaction with Adrenalin Elements as it is possible that the terms may have been amended or revised since your last visit to the web site.
These terms and conditions apply to all users whether the registration process has been completed or not.
This agreement will commence when the user first accept these terms and conditions and will continue indefinitely until terminated.
These terms represent an agreement between you, the user, accessing or using this Website.
1. WEBSITE TERMS AND USE
The information, services and opportunity to purchase products via this Website (the "Services") is offered to you by Adrenalin Elements subject to these Terms and Conditions of Use, which you have been deemed to have accepted and agreed to by you accessing this Website or using any of these Services.
Access to the Services is granted to you on the terms and conditions as set out in this agreement.
This site may be used to browse and make legitimate purchases.
You are authorised to view and download our website for your personal use only.
You must ensure that all your details provided are correct. In the event of any of your details changing since registration it is your responsibility to inform us accordingly immediately.
You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian
The use of this Website and Services are at your own discretion and risk.
The Customer agrees that Adrenalin Elements, its officers, owners and employees, service providers, successors or assigns (hereinafter collectively referred to as Adrenalin Elements) will not be liable for any harm/damage caused by or arising from the use of its services (or the unavailability or interruption thereof) due to circumstances and/or reasons beyond its reasonable control. This will include loss or damage caused as a result of fire or theft, or any economical lost pertaining to the harm/damage caused.
The user agrees that this website has been supplied on an "as is" basis and that it has not been compiled to meet the specific needs and or requirements of any individual user.
Any damage, loss or liability arising from the use or inability to use any product purchased / ordered from this website will not be the responsibility of Adrenalin Elements or any of its agents or representatives.
We do not warrant that your access to and use of the Website and our Services will be error free.
We reserve the right to change or amend these terms and conditions at any time and without prior notice.
We may use our Website and Services to run advertisements promoting products and services we offer
4. ERRORS AND OMISSIONS
The prices displayed are inclusive of 14% VAT, but exclude delivery costs. While we endeavour to ensure that the prices displayed on the site are accurate, it is possible that erroneous prices may be displayed from time to time. In such cases, we shall not be obliged to sell the product at the erroneous price.
In the event that we are out of stock on an item, we will contact you and advise you as to when we expect the item to be available. If you are not satisfied with the expected delivery date, you may either change your order or we will refund any money paid.
If an error is discovered in the price or description of the item(s) you have ordered, we will inform you and issue a full refund as soon as possible. We shall be under no obligation to fulfil an order for an item which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order. If the item advertised is not accurate in it’s description or specifications, it is your responsibility to return it to us in an un-used condition so that we can refund you.
5.COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The contents, trademark and data on this Website are the intellectual property of Adrenalin Elements and are therefore protected from infringement by local and international legislation and treaties. These include, but are not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements.
The use, download, print and view of this website is solely for your personal and non-commercial use.
External links on this Website are beyond our control and Adrenalin elements does not make any representation as to their contents. The use of any external link is at your own risk.
Adrenalin elements do not necessarily agree with, edit or sponsor the content of such Websites or pages. These links are provided "as is" and if the user chooses to use same they indemnify Adrenalin Elements against any loss, damage or offence caused or alleged to be caused by the use of or reliance on the contents, goods or services available on such sites or pages.
7.1 You warrant the correctness of all information and instruction given by you to Adrenalin Elements
7.2 Warranty: The Supplier shall within the warranty period after delivery of new goods, repair or replace failed, unsafe or defective goods or refund the customer the price paid by the customer at the election of the customer. The aforesaid warranty is subject thereto that:
1) the goods supplied by the Supplier have not been altered
Any claim for defective goods must be submitted to the company in writing. The Supplier will not be liable in terms of this warranty under circumstances where it is unreasonable to expect of the Supplier to have discovered the unsafe product characteristic, failure, defect or hazard, having regard to its role in the marketing of the goods to the consumer and/ or if such unsafe product characteristic, failure, defect or hazard did not exist in the goods at the time that it was supplied by them. No goods may be sent back without authorisation.
8.USE OF WEBSITE
8.1 You are responsible for anything you transmit or receive via our Website.
8.2 You are not allowed to use our Website or any of our Services for any reason or purpose that is unlawful, defamatory or harmful, and in particular which in our opinion may harm our business or offend our users.
8.3 You are not permitted to transmit to us or post on our Website any material containing software viruses or files which may disrupt or damage any computer or telecommunications equipment.
8.4 You are not permitted to do anything which might disrupt the operation of our Website and Services or which may disrupt the use and enjoyment of our Website and Services by other users.
8.5 You are responsible for the use of your account with us by whomsoever, including minors.
8.6 The user is truthful in the information disclosed to Adrenalin Elements on the Website or otherwise and agrees to what he or she is ordering via this Website and agrees to pay for it.
8.7 The user agrees to use the site as per the instructions.
8.8 The password and account details of the user is the user’s responsibility and the user undertakes not to disclose it to any third party.
8.9 The user agrees to any purchase policy associated with the item purchased and which might be subscribed by either Adrenalin Elements or the manufacturer. This include, but is not limited to, warranty and guarantees, shipping and returns.
9. TERMS APPLYING WHEN PURCHASING PRODUCTS VIA THIS WEBSITE
9.1 When ordering any product offered by us on our Website you are bound by our Terms and Conditions of Use.
9.2 If you do not agree with any of these terms and conditions of use and do not wish to be bound by them do not place any order via our Website.
9.3 The product or products that you order are those you have chosen by clicking on the "Add to Basket" link, which products will then be listed in the Shopping Basket (the "Items").
9.4 An agreement of sale between Adrenalin Elements and the user will only come into effect once one of the following method of payment has been received for the correct amount of your purchase / order:
- Adrenalin Elements bank statement reflects an electronic funds transfer from or on behalf of the specific user;
9.5 Notwithstanding the above Adrenalin Elements has the right to refuse to accept any payment received after seven days from placement of the order and in such an event no agreement of sale will have been concluded.
9.6 In the event that payment was not received within seven business days after an invoice was sent via e-mail, Adrenalin Elements reserves the right to cancel such an agreement and to refund the customer for any monies already paid.
9.7 The purchase price for the Items you have ordered will be displayed under the heading "TOTAL" in the Shopping Basket. All prices are in South African Rand.
9.8 Value Added Tax of 14% is included in the displayed price.
9.9 The purchase price can be paid by direct deposit or electronic bank transfer.
9.10 All Items purchased by you will be delivered to the destination you have specified as Recipient Details, provided such destination is within the Republic of South Africa.
9.11 Adrenalin elements have agreements with shipping and delivery agents. Risk of loss in respect of all items purchased through this Website will pass from Adrenalin Elements to the Customer as soon as the goods are placed on the delivery vehicle. The client must arrange insurance in this regard. We will communicate unavoidable delay in the delivery.
9.12 Adrenalin Elements do not give refunds if you simply change your mind or make the wrong decision, but where goods are defective within the warranty period or within 10 business days the items were wrongly described, different from the sample shown to you or does not perform, the customer can choose between a refund, exchange or repair, subject thereto that the item must first be tested by our supplier. If the product has been amended, opened or worked on by another technician, we will not accept a return of the product, unless defective. A handling fee of up to 10% may be charged if the return is accepted by management.
9.13 In the event of you requiring a product that is not listed on our website kindly contact Adrenalin Elements for us to consider your needs and assist you as far as possible.
9.14 The Customer further indemnifies Adrenalin elements, its officers, owners and employees, service providers, successors or assigns (hereinafter collectively referred to as Adrenalin elements) against any harm/damage caused by or arising from the use of its products and/or services (or the unavailability or interruption thereof) due to circumstances and/or reasons beyond its reasonable control. This will include loss or damage caused as a result of fire or theft, or any economical lost pertaining to the harm/damage caused
9.15 In the event of the user breaching any of the terms or conditions of this agreement and Adrenalin Elements institutes legal proceedings against the user, both parties undertake to abide by the costs as awarded by the Magistrate or Judge on an attorney client scale basis.
9.16 You represent that you have the necessary authority to enter into a contract with us and to accept these terms and conditions of use when submitting your details to us via our Website, or details that you purport to be yours.
10.1 Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported as soon as reasonably possible after the product having been delivered to you and must be returned to us within a period of 1 months after delivery. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.
10.2 If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you.
10.3 If you are returning Goods via courier or post office please package it carefully so that it does not become damaged enroute.
Please include the Returns Request Number and a copy of your original invoice with any return.
11.1 Except as expressly provided to the contrary herein, each paragraph, clause, term and provision of these Terms and Conditions of Use and any portion thereof shall be considered severable and if, for any reason any such provision of these Terms and Conditions of Use is held to be invalid, contrary to or in conflict with any applicable present or future law or regulation in a final, unappealable ruling issued by any court in a proceeding to which Adrenalin elements is a party, that ruling shall not impair the operation of, or have any other effect upon such other portions of these Terms and Conditions of Use as may remain otherwise intelligible, which shall continue to be given full force and effect and bind the parties hereto, although any portion held to be invalid shall be deemed not to be part of these Terms and Conditions of Use from the date the time for appeal expires.
11.6 You, the user, hereby agrees to the jurisdiction of the Magistrate’s Court having territorial jurisdiction with regard to any dispute or proceeding arising, in connection with or related to these Terms and Conditions of Use or any of our Services. Adrenalin Elements, however, reserves the right to institute action or proceedings in any other competent court.
This website is governed by the Laws of the Republic of South Africa since this site is hosted, controlled and operate within the Republic of South Africa.
The user agrees that in the event of the user visiting this website or correspond with Adrenalin elements via e-mail that user consents to receiving communications from Adrenalin Elements electronically. The user agrees that all agreements, notices, disclosures or any other means of electronic communication between the user and Adrenalin Elements satisfies all legal requirements, including but not limited to the requirement that such communications should be in writing.
Adrenalin Elements keeps the most popular selling items in stock, Items that are out of stock will be ordered directly from our suppliers and generally take one day to reach us from confirmation of your payment.
If you need confirmation of stock availability before you order, you must email us
so we can check and let you know - phoning us for this information will not help as we first need to confirm with the supplier for you.