Terms and Conditions for Apple Tool and Gas Online Website
 
Last Updated: 13 October 2023
 
1. Acceptance of Terms
Welcome to the Apple Tool and Gas Company’s online website (the “Website”). These Terms and Conditions govern your use of our Website and the purchase of products or services through the Website. By accessing and using our Website, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these terms and conditions, please refrain from using the Website.
 
2. Company Information
Apple Tool and Gas Company is registered as Apple Tool & Gas Company (Pty) Ltd. Reg No: 1963/005839/07. Our registered address is 64 Fabriek St, Gants Plaza, Strand, Cape Town, South Africa.
 
3. Application of Conditions
All business conducted by Apple Tool and Gas Company is subject to the conditions set forth below. Each condition is deemed incorporated into any agreement between Apple Tool and Gas Company and the purchaser.
 
4. Consent to Process Personal Information.
By using this website, you acknowledge and agree that Apple Tool and Gas may collect, process and store your personal information in accordance with the South African Protection of Personal Information (POPI) Act. We are committed to protecting your privacy and ensuring the lawful processing of your information. Please read our POPI Policy (under legal at bottom of page) to understand how your information will be processed.
By continuing to use our website, you affirm that you have read and understood our POPI Policy and you provide your consent to the processing of your personal information in accordance with the POPI Act and policies.
If you have any questions or concerns about how we handle your personal information, please contact us using the information provided in the “Contact us” section.
 
5. Changes to Terms and Website
5.1. We may update and modify these Terms and Conditions at any time without prior notice. Please review these Terms and Conditions regularly for changes.
5.2. We reserve the right to update the content on our Website, including product information and prices, at our sole discretion.
 
6. Definitions
6.1. In these terms and conditions, the following definitions shall apply:
* “The goods” refers to all products and services sold by Apple Tool and Gas Company.
* “The seller” refers to Apple Tool and Gas Company, its subsidiaries, associated companies, and entities.
* “The purchaser” refers to the individual, partnership, firm, association, close corporation, or company purchasing from Apple Tool and Gas Company.
* “The parties” collectively refer to both Apple Tool and Gas Company and the purchaser.
6.2. Headings and clauses are provided for convenience and shall not affect the interpretation of this agreement.
6.3. Unless inconsistent with the context, gender-related words shall include the opposite gender, singular words shall include the plural, and vice versa, and words referring to natural persons shall also include associations of persons with corporate status at common law.
 
7. Use of Website
7.1. You may use our Website for personal and non-commercial purposes only. You must not use our Website for any illegal or unauthorized purpose.
7.2. You are responsible for maintaining the confidentiality of your account information and password. You agree to notify us immediately of any unauthorized access to your account.
 
8. Product Information
8.1. We make every effort to ensure that the product information, including descriptions, prices, and availability, on our Website is accurate and up-to-date. However, we do not guarantee the accuracy or completeness of this information.
8.2. Prices are subject to change without notice. We reserve the right to modify or discontinue any product or service at any time.
 
9. Ordering and Payment
9.1. To place an order on our Website, you must provide accurate and complete information. You agree to pay the full amount for the products or services ordered, including any applicable taxes and shipping fees.
9.2. We accept various payment methods, which may be subject to change. By providing your payment information, you authorize us to charge your account for the total order amount.
 
10. Shipping and Delivery
10.1. We will make every effort to ship your order promptly. However, delivery times may vary depending on your location and product availability.
10.2. Shipping costs, methods, and estimated delivery times will be provided during the checkout process.
10.3. Risk of loss or damage to products passes to you upon delivery.
 
11. Returns and Refunds
11.1. Please refer to our Return and Refund Policy for information on our policies regarding returns and refunds.
 
12. Intellectual Property
12.1. All content on the Website, including text, images, logos, and trademarks, is protected by copyright and other intellectual property laws. You may not use, reproduce, or distribute any content from the Website without our prior written consent.
 
13. Limitation of Liability
13.1. To the fullest extent permitted by law, Apple Tool and Gas shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Website or any products or services purchased through the Website.
 
14. Termination
14.1. We reserve the right to terminate or suspend your access to the Website at our sole discretion, without notice, for any reason.
 
15. Miscellaneous
15.1. The proposed delivery date is not a material term of the contract, and failure to adhere to it does not entitle the purchaser to cancel the contract.
15.2. The purchaser must report defects or faults related to the goods in writing within 7 days of receipt. Failure to do so implies the goods were received in satisfactory condition.
15.3. Apple Tool and Gas Company’s liability for defective goods is limited to replacement or a refund at the purchaser’s election.
15.4. Overdue amounts may incur interest at the maximum rate permitted by the National Credit Act (No. 34 of 2005).
15.5. Goods returned must comply with Apple Tool and Gas Company’s current returns policy.
15.6. Payment of the purchase price cannot be withheld pending the settlement of claims or disputes.
15.7. Any extension, relaxation, or indulgence granted by Apple Tool and Gas Company does not prejudice its rights.
15.8. The purchase price is payable in South African currency, and bank charges or exchange rate variations are the purchaser’s responsibility unless otherwise stated in writing.
15.9. Legal action may be taken in the Magistrate’s Court with jurisdiction.
15.10. The purchaser is responsible for legal costs incurred by Apple Tool and Gas Company.
15.11. The purchaser designates its address for all contract-related purposes at the address provided in the order form.
 
16. Social Media Competitions Terms & Conditions
16.1. By entering Apple Tool and Gas Company’s social media competitions, participants agree to these terms and conditions.
16.2. Eligibility:
* Participants must be at least 18 years old and reside in South Africa or a country in which Apple Tool and Gas Company trades in.
* Participants must have signed up online during the promotional period.
* Entries must include a valid email address and mobile number.
16.3. The competition period begins upon posting on social media and ends on a date set by Apple Tool and Gas Company.
16.4. Winners are selected randomly from eligible entries, and the decision is final.
16.5. Prizes vary and are not transferable or exchangeable for cash.
16.6. Winners are notified and must provide proof of identification.
16.7. The names of winners may be published on Apple Tool and Gas Company’s digital channels.
16.8. Participants consent to the use of their names, images, and voices in promotional materials.
16.9. Apple Tool and Gas Company reserves the right to terminate, suspend, or amend the competition.
 
17. Governing Law
16.1. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.
 
18. Contact Information
If you have any questions or concerns regarding these terms and conditions, please contact us.