Online Terms and Conditions

These Guardiar (Commonly known as ‘Betafence’) Terms and Conditions consist of the following sections: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein.

1. INTRODUCTION
   • This website shop.betafence.co.za is owned by Guardiar South Africa Proprietary limited with the registration number: 2005/040574/07, a private company with limited liability duly incorporated in the Republic of South Africa. The Webshop promotes the sale of the Company’s products (hereinafter referred to ‘Products’).
   • If you place an order through this Webshop, upon confirmation that such order is accepted, a sales contract will be executed between you and us, which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below.
2. THE PURCHASE TERMS

Please read these Purchase Terms carefully before ordering Products online from Guardiar Webshop. Please note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.

These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by Guardiar. In other words, you agree to these Purchase Terms, when you order anything from the Webshop or when you accept an offer from Guardiar. It is only possible to deviate from these Purchase Terms if agreed in writing by Guardiar.

• REQUIREMENTS TO CONCLUDE THE CONTRACT
  • You have to be 18 years of age or older to buy Products via the Webshop.
  • Products purchased on the Webshop is for own use and may not be on sold by you as reseller.
  • You guarantee that the information you provide to Guardiar in the request or order is accurate and complete.
• ONLINE REGISTRATION
  • Registration and/or use of the Webshop constitutes acceptance of this Agreement by you, and shall accordingly apply as between Guardiar and yourself. Registration on our Webshop is free and does not oblige you to purchase anything.
  • Upon registration you will be required to choose a username and a password. Please keep your password secret. Guardiar accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of your password. In this regard you represent and warrant that your username and password shall:
    • be used for personal use only and;
    • will not be disclosed to any third party.

 

• PLACING AN ORDER ONLINE
  • To purchase Products from the Webshop you can register your Personal Information. When placing an order online you will be required to provide us with the following Personal Information including but not limited to your:
    • Name and Surname
    • Email address
    • Contact number
    • Payment details
    • Delivery address
  • PRODUCT AVAILABILITY AND PRICING
    • The Products displayed on the Webshop are subject to availability and will be delivered only within the Republic of South Africa, within the defined areas as determined by Guardiar. All prices displayed on the Webshop are quoted in South Africa Rand (ZAR) and include VAT at the applicable rate at the date of the transaction. These are valid and effective only in the Republic of South Africa.
    • Guardiar reserves the right, without prior notice, to discontinue or change pricing or specifications on Products offered on the Webshop without incurring any liability whatsoever.
    • Subject to availability, the price you pay for Products will be the price shown on the Webshop on the date that you pay for the Products.
    • Delivery costs are calculated at time of the Order taking into account the area for delivery and will be clearly stated at check-out.

 

• METHOD OF PAYMENT
  • At point of payment, Guardiar or its authorized payment service provider shall be entitled to debit the Credit Card, or bank account supplied by you on payment of your order should This you be paying with a Credit Card or Electronic Fund Transfer (EFT).
  • By submitting an order to buy Products:
    • represent and warrant that you are over the age of 18
    • represent and warrant that you are authorized to make payment with a credit card
    • authorized to make payment using a specified bank account if you are paying via EFT
    • represent and warrant that there are sufficient funds available to pay for the order
    • consent to us providing your Personal Information to our third-party payment provider, which is necessary to enable us to perform our obligations in terms of this Agreement.
  • In order to protect our interests as well as yours, Guardiar may scrutinize transactions to prevent or avoid fraud. A transaction may be refused if Guardiar is not satisfied that it is legitimate.
  • CONFIRMATION OF ORDERS
  • Orders placed on the Webshop constitute your offer to purchase Products subject to this Agreement.
  • Your offer is deemed to have been received by Guardiar when payment is received from the payment method elected by you and when Guardiar acknowledges and sends the order confirmation.
  • AGREEMENT OF SALE
    • An agreement of sale in respect of a product between Guardiar and you only come into effect when payment has been made and the Products have been delivered at your chosen address.
    • All information on the Webshop is an invitation to treat only and the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
    • All orders submitted by you are subject to acceptance by Guardiar. We may choose not to accept your order at our own discretion with no liability, for instance if the Products on the Webshop are not available. If Guardiar cancels the order, we will follow the process detailed in clause 13.
    • After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services.
  • DELIVERY CONFIRMATION
    • On confirmation of your order, we will send you an email describing the Products you have ordered.
    • Guardiar and its distributor partners will deliver during business hours to the address indicated by you within South Africa and Guardiar can only deliver to a home or office address.
    • Note that delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.
  • RISK AND OWNERSHIP
    • Risk in the Products shall pass to you upon delivery of the Products at the delivery address chosen by you. Until payment is received in full for any Products sold, ownership in the Products shall remain with Guardiar and such Products shall be returned and/or surrendered to Guardiar following receipt of a default notice from Guardiar.
    • You may not sell, dispose of, or encumber any Product before full title thereof has passed to you.
  • CANCELLATION
    • If for any reason you would like to cancel an order, this may be done by hello@betafence.co.za. You will be able to cancel orders up to a period not exceeding 7 (seven) days after the date on which the Products are received by you.
    • All Products returned must be returned in their original packing, undamaged. We reserve the right not to accept a return of Products if the original packaging or seal has been damaged or if the Products are no longer in their original packaging. No penalty charges will be levied against cancelled orders prior to the abovementioned cut-off time.
    • For more information on cancellations please refer to our Delivery and Returns policy.
  • QUALITY OF PRODUCTS
    • Guardiar guarantees that the Products shall be in accordance with the product specification at time of purchase. Guardiar may grant quality guarantee for extended periods by issuing the quality certificate in accordance with the guarantee Terms and Conditions being in force at the date of the certificate.  
    • Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Guardiar is not liable for these variations and deviations.
  • DAMAGED OR DEFECTIVE PRODUCTS AND REFUNDS
    • Should Guardiar supply the incorrect Product or if the Product supplied is damaged or faulty, Guardiar shall exchange the Product for a new one, provided that the damaged or incorrect unit is returned in its original packaging within 10 (ten) days of the delivery of the Product to you. Guardiar will replace any damaged or faulty Product or an incorrect Product with a new Product within a reasonable amount of time. We will collect your Product for you at no charge. Once we have received and inspected the Product(s) and validated your return, we will exchange or refund you, depending on your preference.
    • Returned Products are inspected by Guardiar Quality Department.
    • We do not refund Products that are damaged by abuse or negligence or damaged by misuse or used other than the intended purpose.
    • Refunds will only be processed onto the payment method that was used when the order was created, and into the account it was paid from for example credit card or EFT.
    • A refund can take up to 14 business days to reflect in your account, and EFT refunds are subject to verification of your banking details.
  • WARRANTIES

To the extent that the Products are altered, contrary to the instructions, or after having been delivered to the delivery address stipulated by you, the Products or property in which the Products are installed have been subjected to misuse or abuse, Guardiar will not be obliged to honour any warranties applicable to such Products. Warranties do not apply to ordinary wear and tear.

1. ELECTRONIC COMMUNICATION
   • When you use or visit the Webshop, or send electronic communications to the Webshop including, without limitation, e-mails or place orders for Products, you:
     • Consent to receiving communications from Guardiar electronically;
     • Agree that all notices/disclosures and other communications sent by Guardiar, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’;
     • Agree that Guardiar may use your information to contact you about our promotions and special offers if you have indicated during registration that you would like to receive such information. You are entitled, at any stage, to opt out of this service. We shall not disclose information about you including, without limitation, your name, identity number, address, email address and contact telephone number (‘Personal Information’) to any third parties except to our service providers to complete the order transaction; and
     • Agree that Guardiar may disclose your Personal Information in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law, for example for accounting purposes.

1. USE OF WEBSITE
   • By shopping or browsing on this Webshop you:
     • warrant that you have read and understood the Terms and Conditions as well as the policies displayed on the Webshop and;
     • agree to be bound by these Terms and Conditions as well as the polices (hereinafter referred to as ‘Agreement’).
     • Please do not use this Webshop if you do not accept and agree to be bound by this, Agreement.
   • CONTENT OF THE WEBSHOP SITE

All of the content featured or displayed on the Webshop, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (Content), is owned by Guardiar, its affiliated companies, its licensors and/or its content providers. All elements of the Webshop including, but not limited to, the general design and the Content, can be protected by copyright, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Guardiar, no portion or element of the Webshop Site or its Content may be copied or retransmitted via any means. The Webshop Site, its Content and all related rights shall remain the exclusive property of Guardiar, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.

• DISCLAIMER OF WARRANTIES

The Webshop and the Content are free of charge and provided 'as is' and without any warranties of any kind. The information on the Webshop is for general information purposes only and does not constitute advice. Guardiar does not represent or warrant that the information and/or facilities contained in the Webshop are accurate, complete or current, or that the Webshop or the server that makes the Webshop available are free of viruses or any other harmful components. Further, Guardiar will not provide for specific IT infrastructure or connectivity. Thus Guardiar cannot represent or warrant the Webshop will be uninterrupted or error free. Guardiar does not make any warranties or representations regarding the use of the Content on the Webshop in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

• LIMITATION OF LIABILITY

Your use of the Webshop is at your own risk. Neither Guardiar, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Webshop will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Webshop, including damages caused by viruses or any incorrectness or incompleteness of the information on the Webshop, or the performance of the Products or otherwise arising out of or in connection with these Terms and Conditions, even if Guardiar has been advised of the possibility of any such damages.

1. MISCELLANEOUS
   • CONTACT INFORMATION

If you have any questions or comments about the Webshop or the Terms and Conditions or in the unlikely event that you wish to make a complaint please don't hesitate to contact our Customer Service by emailing us at hello@betafence.co.za. Alternatively, if you prefer to call us, please do so at number +27 876570633 (Mondays – Thursdays between 8am – 5pm, Fridays between 8am – 4pm).

You can send an email to hello@betafence.co.za or write to us at:

Units B6-10, Bergriver Business Park, corner Jan Van Riebeeck Drive and Borssenberg Road, Dal Josafat, Paarl, 7646, South Africa

• AMENDMENTS TO THE TERMS AND CONDITIONS

We reserve the right to make changes to these Terms and Conditions at any time.

The use of this Webshop as well as any purchase agreement executed between you and us, will be subject to the version of Guardiar Terms and Conditions in force at the time you place the order through this Webshop. Please check Guardiar Terms and Conditions periodically for changes.

• DATA PROTECTION

Guardiar fully respects the privacy of individuals who access and use the Webshop. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy, which are incorporated into and form part of these Terms and Conditions. By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy.

• SEVERANCE

Each provision of the Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms and Conditions.

• SUBCONTRACTING AND ASSIGNMENT

Guardiar reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under the Terms and Conditions provided that your rights under the Terms and Conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Terms and Conditions without our consent in writing.

• APPLICABLE LAW AND JURISDICTION

The Terms and Conditions shall be governed by the laws of the Republic of South Africa.

You and Guardiar hereby submit to the non-exclusive jurisdiction of the South African courts.