Garmin Southern Africa PTY LTD
TERMS AND CONDITIONS OF USE OF THIS WEBSITE INCORPORATING TERMS APPLICABLE TO THE SALE OF GOODS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE
WHAT IS IN THESE TERMS?
These Terms are the rules for using Our website https://www.garmin.com/en-ZA/ (“the Website”). It will form an agreement between You, the User of this Website (“You/Your”) and Garmin Southern Africa (Pty) Ltd and its affiliates, (“GSA/Us/Our/We”) the owner(s) of the Website.
Your attention is particularly drawn to the provisions of clause 10 which may limit our liability to you and your rights.
1. YOUR USE OF THE WEBSITE
1.2 We suggest that You print/save a copy of these Terms for future reference, but please note that the Terms may be amended from time to time and You should always ensure You are referring to the correct and most updated version as published on Our Website.
1.3 These Terms apply to Your use of this Website at any time and for whatever purpose. It will not change the terms of any other agreement we may have in place with you.
1.4 You represent and warrant that You are over the age of 18 and are lawfully able to accept these Terms. If You are using the Website on behalf of any entity, You further represent and warrant that You are authorised to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Us for violations of these Terms.
1.5 Business day means any day that is not a public holiday in South Africa.
2. ABOUT US
2.1 Company details. Garmin Southern Africa (Pty) Ltd (registration number: 2007/019450/07) is a company registered in the Republic of South Africa and Our registered office is at The Mall Offices, Office 802, 8th floor, 11 Cradock Avenue, Rosebank, 2196. Our main trading address is The Mall Offices, Office 802, 8th floor, 11 Cradock Avenue, Rosebank, 2196. Our VAT number is 4170127858. We own and operate the Website You can find at https://www.garmin.com/en-ZA/ (“the Website”).
2.2 Contacting Us. To contact Us, telephone Our customer service team at +27 (0)11 251 9999 or e-mail Us at [email protected] if You would like to give Us formal notice of any matter under these Terms please refer to clause 20.2.
3. OTHER TERMS THAT MAY APPLY TO YOU
4. OUR CONTRACT WITH YOU
4.1 Entire agreement. These Terms together with the Additional Terms above represent the entire agreement between You and Us in relation to Your use of the Website. You acknowledge that You have not relied on any statement, promise or representation, assurance or warranty that is not set out in these Terms.
4.2 Transfer of Contract. We may transfer our rights and obligations under these Terms to another organisation. We will always let you know in writing if this happens and will make sure that your rights under this contract are not affected. You may not transfer your rights to another party without our prior consent.
4.3 --Contracting Age__. In order to validly contract with Us You must be 18 years or older. Please do not use this Website if You are not 18 years or older.
4.4 Location & Language. These Terms and Our Contract are intended for people residing in South Africa. We do not represent that the content available on or through our Website is appropriate for use in other locations and will be made only in the English language.
(a) We may change Our Terms from time to time, to reflect any changes to what we offer, Our customer’s needs and our business priorities. We will try to give you reasonable notice of these changes and We will publish the updated Terms on the Website. You should check these Terms regularly and at least every time You use the Website to ensure that You are happy with any changes. You will be deemed to have accepted any changes to the Terms if You continue to access or use the Website.
(b) We may also update and change our Website from time to time.
5. ACCESSING OUR WEBSITE
5.1 Website content disclaimer. Materials and information published on Our Website are not intended as advice and should not be relied on as such. All materials and information are for publicity and informational purposes only. We disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws. We do not guarantee that the contents of the Website will be free of errors, trojans, viruses, bugs, worms or otherwise make any representations in respect of its quality, accuracy, or completeness of the content available on the website.
5.2 Security & Your use of this Website. You are responsible for maintaining appropriate software on your computer or device to protect you from any errors, bugs, worms, trojans or viruses.
5.3 Password protection. You are responsible for access to the Website using your Internet connection, even if this is by another person. You remain responsible for the safety and security of Your password and log in details. To help protect against unauthorised access to Your account We suggest You store Your username(s) and password(s) safely and securely. Please ensure that Your password is not one You have used before, that it is eight characters or more and, ideally, not one that You use on other sites.
5.4 Sign out. We recommend that You don’t disclose Your username(s) and password(s) to anyone. We also recommend that You sign out of Your account at the end of each session. You may also wish to close Your browser window when You have finished Your session, especially if You share a computer with someone else or if You are using a computer in a public place.
5.5 Unauthorised access. If You suspect that unauthorised access has been made to Your account, You must notify Us immediately by contacting [email protected] . We will investigate any suspicious activity. We reserve the right, and You authorise Us, to disable or block Your account and any user identification code or password at any time where it is suspected that unauthorised access has been made to Your account or for any other reasonable reason in Our discretion.
5.6 Restricted Access. We reserve the right to restrict your access to the Website or part of it. Access to restricted areas of the Website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms).
6. HOW YOU MAY USE THE MATERIAL ON OUR WEBSITE
When using this Website, You undertake the following:
6.1 Use. You may not use this Website or the content for anything other than personal and non-commercial purposes. Any commercial use will require a license from Us.
6.2 Restrictions. You may not:
(a) print, download, copy, adapt or re-transmit any or all of the Website or the content except for Your personal, non-commercial use of the Website. This means you may print one copy for your personal use. Our status as the authors of the content must always be acknowledged;
(b) use any data mining, robots or similar data gathering or extraction methods;
(c) manipulate or display the Website or its content by using framing or similar navigational technology;
(d) register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party if You are not expressly authorised by such party to do so; and
(e) use the Website or its content other than for its intended purpose or in violation of any applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations;
(f) use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
(g) upload any data (where applicable) which is malicious, false, misleading, fraudulent, defamatory or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by Us to allow any further dealings with You, and/or possible prosecution with the relevant authorities. In such event, You will have no claim or claims of whatsoever nature or kind against Us arising out of cancellation or prosecution as the case may be;
(h) interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;
(i) transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
(j) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;
(k) remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;
(l) frame or mirror any part of the Website without our express prior written consent;
(m) create a database by systematically downloading and storing Website content;
(n) use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
6.3 Representations. You represent and warrant that You will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data applicable to South Africa.
6.4 Availability. We will use reasonable endeavours to keep the system available and maintain full system functionality at all times. We will not be liable to You or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the service.
6.5 User-generated content is not approved by Us. This website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by Us. The views expressed by other users on our Website do not represent Our views or values. If You want to complain about content uploaded by other users, please contact us on [email protected] [email protected]
6.6 Sign out. You must sign out of the Website once You have finished using the Website. If You do not do this, unauthorised transactions may result, for which We will not be liable.
6.7 Reliability. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of or licensed to Us, Our affiliates or other relevant third parties. Such material is protected by applicable South African and International intellectual property, copyright and other relevant laws and You may not use any of the material on this Website without our prior written permission.
7.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on this Website or unless given express written permission to do so by Us.
8. HOW WE MAY USE YOUR PERSONAL INFORMATION
8.3 We are committed to secure storage of Your personal information. Under no circumstances will We give or sell any information relating to Our clients to third parties, or organisations except to those of Our registered service providers who are required to render Services to You and who are bound to comply with Data Privacy Legislation.
9. LINKS TO OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under Our control and we don’t endorse the Website or its contents. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
10. OUR RESPONSIBILITY TO YOU FOR LOSS OR DAMAGE SUFFERED BY YOU - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
10.1 Disclaimer. We do not intend to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our gross negligence or the gross negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
10.2 Use. Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 Maximum Liability. Our maximum liability to you, however your claim arises, is for the full purchase price of the goods only and all other liability is expressly excluded to the maximum extent permitted by law.
10.4 Consequential loss excluded. To the maximum extent permissible by applicable laws and subject to clause 10.1 above, We exclude any and all liability to You resulting from Your use of the Website, the Goods or these Terms, including but not limited to any type of damages, loss of data, income or profit, loss or damage to property belonging to You or third parties which is related to the use of the Website or its contents.
10.5 Risk. To the maximum extent permissible by law, subject to clause 10.1 above, Your use of the Goods and this Website or its content in any way is done entirely at your own risk and We will not be responsible for any loss or damage to any device, computer, software, IT systems or data which results directly or indirectly from the use or inability to use the Goods, the Website or its content.
10.6 Access to Website. We are under no obligation to provide uninterrupted access to this Website. We reserve the right to restrict your access to this Website at any time and for any reason.
10.7 Errors. We do not guarantee that the contents of this Website will be free of errors, bugs, worms, trojans or viruses or otherwise make any representations as to the quality or accuracy or completeness of the content available on the Website. You are responsible for maintaining appropriate software on your computer or device to protect you from any errors, bugs, worms, trojans or viruses.
10.8 Third party access. We take no liability for the Website being accessed by an unauthorised third party due to You not keeping Your login details secure.
10.9 Interruption by external factors. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10.10 Survival. This clause 10 will survive termination of the Contract.
11. SALE OF GOODS
11.1 Goods. This Website publishes retail goods for sale which are uploaded by the local Garmin Southern Africa office.
11.2 Specification of Goods. The specification of the goods is as stated on the Website. Subject to our right to amend the specification or description of the goods from time to time we endeavour to supply the goods to you in accordance with the specifications published on the Website.
11.3 Changes to specification. We reserve the right to amend the specification of the goods on the Website as it changes and/or if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the goods. Please check the Website regularly for such updates.
12. THE CONTRACT OF SALE BETWEEN US
12.1 Orders. In order to purchase goods on this Website you need to select the goods. This is an offer to purchase the goods from Us subject to terms set out on this Website. On acceptance of Your order a tax invoice will be generated, which You can pay via Electronic Funds Transfer (EFT).
12.2 Contract of Sale. We must receive payment of the whole of the price for the goods that You order before Your order can be deemed accepted by Us and a valid contract of sale is concluded. Once payment has been received by Us we will confirm that Your order has been accepted by sending an email to you at the email address you provide in Your order form. Our acceptance of Your order brings into existence a legally binding contract between us.
12.3 Placing your order. Please follow the onscreen prompts to purchase goods. You may only place an order using the method set out on the Website.
12.4 Correcting input errors. Our order process allows You to check and amend any errors before submitting Your order to Us. Please check the order carefully before confirming it. You are responsible for ensuring that Your order details are complete and accurate.
12.5 Acknowledging receipt of your order. After You place Your order, You will receive an e-mail from Us acknowledging that We have received it together with Our invoice, but please note that this does not mean that Your order has been accepted. Our acceptance of Your order is subject to payment being made in accordance with Our invoice to You.
12.6 Accepting your order. Our acceptance of Your order takes place after cleared payment is received in accordance with these Terms, at which point and on which date a Contract between You and Us will come into existence. The Contract will relate only to the goods purchased, confirmed and accepted by Us.
12.7 If we cannot accept your order. If We are unable to supply You with the goods ordered for any reason, We will inform You of this by e-mail And we will not process Your order or send an invoice. If You have already paid for the goods, We will refund You the full amount.
12.8 Your obligations. It is your responsibility to ensure that:
(a) the terms of Your order are complete and accurate;
(b) You cooperate with Us in all matters relating to the goods; and
(c) You provide Us with such information and materials We may reasonably require in order to supply and correctly deliver the goods, and ensure that such information is complete and accurate in all material respects.
13.1 Prices. The prices payable for goods that You order are as set out in our website.
13.2 Delivery Charges. You will not be required to pay extra for delivery, however, it might not be possible for Us to deliver to some locations. Our delivery charges (if any) will be set out on your proforma invoice.
13.3 Currency. All prices and refunds in terms of this Website are always payable in South African Rands.
13.4 Change of Order. If You wish to change the order after We accept Your order, and We agree in writing to such change, We will modify the price and tax invoice accordingly.
13.5 Correction of Pricing. We take all reasonable care to ensure that the prices published for the goods are correct at the time when the relevant information was entered into the system. It is always possible that, despite Our reasonable efforts that some of the goods on Our Website may be incorrectly priced. Where the correct price for the goods is less than the price stated on Our Website, We will charge the lower amount and if the correct price for the goods is higher than the price stated on Our site, We will contact You in writing as soon as possible to inform you of this error and We will give You the option of continuing to purchase the goods at the correct price or cancelling Your order. We will not process Your order until we have Your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You in writing. However, if We mistakenly accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may cancel supply of the goods and refund You any sums You have paid.
13.6 Change in pricing. Pricing may change from time to time, but changes will not affect any order You have already placed.
13.7 VAT. Our Charges are exclusive of VAT. Where VAT is payable in respect of all of the goods You must pay Us such additional amounts in respect of VAT, at the applicable rate, at the same time as You pay the purchase price of the goods.
14.1 Payment Methods and terms:
(a) Currently We do not have an online payment facility and You will only be able to submit Your order online by completing Your details once you have created an account/logged into your account.
(b) On receipt of Your order, We will e-mail You a pro-forma invoice with account details for payment.
(c) Payment for the goods is in advance through Electronic Funds Transfer (EFT) from your bank to the provided bank account details, as per the pro-forma invoice. Please note that no-one will ever change these details by a mere telephone call.
(d) Once payment has been made, please forward your proof of payment to [email protected] to ensure a speedy process.
(e) On confirmation of cleared funds received by our finance team, together with your order information submitted successfully, a contract will come into existence between us and your purchase will be dispatched. This clearing of funds can take up to 3 business days. The e-mail address provided by You will be used to send the receipt.
14.2 Invoice. We will send you an electronic pro-forma invoice on receipt of your order.
14.3 Failure to Pay. If you fail to make a payment of the invoice within 48 (forty eight) hours (on business days) of receipt, Your order may be cancelled.
14.4 No set-off. We shall each pay all amounts due under these Terms Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.5 Confirmation. By clicking the “submit” button, you signify that all your order information provided is correct and accurately inputted and that you accept all terms and conditions contained in this Website.
14.6 Comments, complaints and inquiries. Comments, complaints, and inquiries regarding payments should be e-mailed with full details, to [email protected]
14.7 We recommend that you do not communicate your payment card details to anyone, including us, by email or chat. We cannot be responsible for any losses you may incur in transmitting information to us by internet link, or email or chat. Any such loss will be entirely your responsibility.
15. RIGHT FOR YOU TO CANCEL YOUR CONTRACT
15.1 Cancellation. You may cancel Your contract with Us for the goods You order at any time up to the end of the 7th business day from the date You receive the ordered goods. You do not need to give us any reason for cancelling Your contract nor will You have to pay any penalty, however, You will be responsible for the costs of returning the goods to Us.
15.2 Notification. To cancel Your contract you must notify us in writing at [email protected] and We will provide You with the necessary details and requirements to return the goods to us.
15.3 Return of goods. If You have received the goods before You cancel Your contract then You must contact Us at [email protected] and we will provide You with the necessary details to return the goods to us, such as the address. If You cancel Your contract but We have already processed the goods for delivery You must not unpack the goods when they are received by You and You must advise us at [email protected] within 5(five) business days. Returns will be at Your own cost and risk. Should you not comply with the requirements stated here and should the goods not be returned to Us no later than 10(ten) business days from the date of receipt of the goods by You, You will be liable for full payment of the goods.
16. CANCELLATION BY US
16.1 Our rights. We reserve the right to cancel the contract between us if:
(a) We have insufficient stock to deliver the goods You have ordered;
(b) You do not make payment within 48 (forty eight) hours of submitting your order;
(c) We do not deliver to Your area; or
(d) one or more of the goods You ordered was listed at an incorrect price due to a typographical error.
16.2 Notification and credit. If We cancel Your contract we will notify You by email and will credit to Your account any sum already paid to Us and cleared in our account, as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for any disappointment suffered.
17. DELIVERY OF GOODS TO YOU
17.1 Address. We will deliver the goods ordered by You to the address You give us for delivery at the time You make your order. This cannot be a PO Box, but has to be a physical address. Should you live in an informal settlement or other rural area, we will share your contact details with our delivery courier to contact you for additional information to enable safe delivery.
17.2 Time of delivery. Delivery will be made as soon as possible after Your order is accepted (normally between 5-7 days) and in any event within 14 (fourteen) business days of Your order (outskirts, rural areas and informal settlements may require more time).
17.3 Ownership and risk. You will become the owner of the goods You have ordered when they have been delivered to You. Once goods have been delivered to You they will be held at Your own risk and We will not be liable for their loss or destruction.
17.4 We will deliver to the address specified in your order. You cannot change your shipment address after your order is placed.
18.1 Defect in delivery. If the goods We deliver are damaged, not what You ordered or of an incorrect quantity, You must notify Us immediately, and no later than 5 (five) business days, in writing at our address [email protected] of the incorrect delivery of the goods in question.
18.2 Defect in goods. If the goods We deliver are defective, You must notify Us immediately that You become aware of the problem or no later than 6 (six) months from the date of delivery (or within the warranty period, should the warranty period in respect of the specific goods be longer than 6 (six) months), in writing at our address [email protected] of the defect in the goods in question.
18.3 Failure to deliver goods. If You do not receive the goods ordered within 14 (fourteen) days of the date on which You ordered them, then you need to contact us at [email protected] and advise us. We shall have no liability to You unless you notify us in writing.
18.4 Our obligations. If You notify a problem to us under clauses 18.1 and 18.3, Our only obligation will be, at Your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to You the amount paid by You for the goods in question.
18.5 Warranty. All warranties and guarantees in respect of the goods are the written warranties and guarantees given to you with the goods when they are delivered to You and which can be found at https://www.garmin.com/en-ZA/legal/consumer-limited-warranty/ . This is the only warranty and guarantee we give in respect of the goods and any other warranty or guarantee is expressly waived and not applicable in respect of the sale of Our goods on this Website.
18.6 Law. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from Our site. The importation or exportation of certain of Our goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods You purchase.
19. TERMINATION, CONSEQUENCES OF TERMINATION AND SURVIVAL
19.2 Consequences of termination. Termination of these Terms Contract will not affect Your or Our rights and remedies that have accrued before termination.
19.3 Survival. Any provision of the Contract that expressly or by GSA do not allow implication is intended to come into or continue in force on or after termination will remain in full force and effect.
20. COMMUNICATIONS BETWEEN US
20.1 Writing. When We refer to "in writing" in these Terms, this includes e-mail.
20.2 Delivery. Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, or e-mail.
20.3 Deemed receipt. A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by courier next business day; or
(c) if sent by e-mail, at 9.00 am the next business day after transmission.
20.4 Service. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20.5 Legal notices. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action, which notices may only be personally hand delivered/delivered by courier and signed for.
21.1 Waiver. If We do not insist that You perform any of Your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by You.
21.2 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.3 Third party rights. The Contract is between You and Us. No other person has any rights to enforce any of its Terms.
Last updated: February 28, 2022