GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF DELIVERY WITH OBLIGATORY INFORMATION FOR CONTRACTS FOR THE SALE OF GOODS FROM THE YT INDUSTRIES ONLINE SHOP
The following terms and conditions – which contain legal information according to the provisions of distance selling and e-commerce – apply for all deliveries and services (hereinafter jointly referred to as “Services”) by Createx (Pty) Ltd (hereinafter referred to as “YT Industries SA”) to the Consumer (South African Consumer Protection Act, No 68 of 2008)
Consumer refers to any natural person that concludes a legal transaction for any purpose that can not be attributed to either their commercial or independent professional activity.
For the purpose of these General Terms and Conditions, Entrepreneur refers to natural or legal persons or partnerships having legal capacity that conclude a sales contract with YT Industries SA concerning one or multiple articles from the inventory of the online shop while acting in the capacity of their commercial or independent profession.
The definitive language for the conclusion and execution of the contract is English.
2. Conclusion of the Contract
Your sales contract is concluded with:
Createx (Pty) Ltd
Unit A1, Connaught park, Mcgregor Street, Beaconvale, Parow
Cape Town, 7500
Company Registration Number: 2002/017621/07
VAT No.: 4220204285
CEO: Josh Kumpers
3. Order Process / Purchase Process
The product presentations in our online shop do not represent a legally binding offer. Instead, they serve as an invitation to the Customer to place a binding order for payment. By clicking the “Place a Binding Order” button or by ordering over the phone, you are submitting a binding purchase order. With regard to how the products are equipped, only the product specifications contained in the online catalog are definitive and these may deviate from the photographs found therein. Before submitting the purchase order, the order will be shown in our online shop in your “shopping cart”. You can correct errors in your order in the “shopping cart” by changing the quantity of the products placed in the shopping cart or by clicking the “remove” button to delete individual items. After receiving your order, YT Industries SA will immediately confirm this via e-mail. This order confirmation does not represent acceptance of your purchase order, but rather only serves to let you check your order. The contract is not concluded until a sales confirmation has been sent via e-mail or until the items are sent. Amendments, supplementary agreements, and changes as well as agreements regarding characteristics and quality assurances and the assumption of warranties are not considered effectively agreed upon until YT Industries SA expressly confirms this in writing.
4. Prices, Shipping Costs, and Delivery
- The prices are indicated in rands (ZAR, R) and include value-added tax and all other price components aside from shipping costs. Shipping costs can be found in the overview of shipping costs??. If we deliver items outside of South Africa, you shall be responsible for additional costs incurred, in particular, import duties, customs, and processing fees, as well as taxes. In this case, we will notify you of the additional costs that are due prior to your order. If you have any questions regarding this, please contact us at email@example.com.
- Unless otherwise expressly agreed, YT Industries SA shall determine the shipping method and shipping company.
- We ask that you inspect the items upon delivery for any damage that may have occurred in transit. If any damage has occurred in transit, we ask you to inform us of this immediately. This non-binding request does not affect your warranty rights. It only serves to secure our claims against the shipping company.
Delivery Date and Delivery Capacity
- Unless otherwise indicated in the offer, and depending on the receipt of payment, shipping may take up to 12 business days within South Africa, provided the product is in stock.
- If YT Industries SA determines that the item ordered is not available after the conclusion of the contract although it was indicated as available in the online shop, YT Industries SA may withdraw from the contract if YT Industries SA is not responsible for the lack of availability. In this case, YT Industries SA will immediately inform you of this and refund any payments made in advance.
- Provided specific individual parts of the items ordered are not available for shipment, YT Industries SA is entitled to exchange these for items that are technically similar or of a higher value.
- YT Industries SA is entitled to make partial deliveries at its own expense provided this is deemed reasonable for you.
6. Payment Terms
- Payment can be made in advance, via EFT, or by credit card. When paying in advance, YT Industries SA will send you a customer number and order number that you must indicate when making your transfer.
- You are only entitled to compensation if your counterclaim is uncontested or established by law.
- You can only assert a right of retention due to claims arising from the same contractual relationship.
7. Retention of Ownership
The items remain the property of YT Industries SA until they have been paid for in full. Prior to the transfer of ownership, any pledge, transfer of ownership by way of security, processing, or reconfiguration is prohibited without the written consent of YT Industries SA.
Your rights due to defects are determined according to the statutory provisions.
We are liable for malicious intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as the Customer regularly rely. In the latter case, however, we are only liable for the foreseeable, typical contractual damage. We are not liable for minor negligent breach of obligations other than those mentioned in the sentences above.
Data communication via the Internet cannot be guaranteed to be free of errors and/or available at all times according to the current state of technology. To this extent, we are liable neither for the continuous nor uninterrupted availability of our online shop.
To the extent that liability for damages is excluded or limited, this exclusion and/or limitation shall also apply to any liability of agents and legal representatives of YT Industries SA.
We voluntarily provide an additional warranty exclusively for mountain bikes of the “Enduro” (CAPRA) and "Trail" (JEFFSY) categories. Your legal rights and contractual warranty claims remain unaffected by this.
Beyond the legal warranty obligations, we warrant that YT frames of the enduro and trail categories from model year 2014 and newer will be free of defects in material and workmanship for a period of 3 years from delivery. The warranty does not apply to parts that are subject to wear as well as damage to the finish/anodizing. Parts subject to wear include: Bearing axles, roller bearings including their seals and lubricants (deep groove ball bearings / angular contact ball bearings / needle roller bearings, etc.) friction bearings, guides, and seals of suspension elements, drivetrain components (chain / cogs / chainrings / freewheels) and brake pads.
Defects that have nevertheless occurred will be remedied at our discretion and at our expense through repair or delivery of new or refurbished parts. Furthermore, we reserve the right to replace the item with that of another color/design or with a product of the same model from a subsequent model year in the event that the original is no longer available. Other claims arising from this warranty, in particular, to damages or compensation for shipping or assembly costs are excluded. Your contractual or legal rights, however, are not affected by this warranty.
Without any restrictions to your legal warranty rights, the following additional conditions apply to the warranty: The warranty does not apply if the bicycle shows damage or signs of wear that are caused by improper or inappropriate use according to the areas of application presented on our website for the respective bicycle. In particular, the following measures represent improper use:
Product neglect (insufficient care and maintenance)
Changes to the frame or fork (e.g., engravings or paintings)
Adding or replacing additional components that were not expressly approved by us or exchanging components installed by us upon delivery with components that are not of the same type
Continued operation of a bike with incorrectly set, broken, or misaligned bearings or broken suspension elements
Damage to the seat tube in the area where it protrudes beyond the top tube as a result of the seatpost not being in far enough
In addition, the warranty does not apply if the bicycle shows damage or signs of wear that are caused by excessive stress of any kind, including falls and jumps. Excessive stress is present in all cases of:
A deformation of the frame. This is a consequence of overstressing and thus a sign of improper use
A bent or broken derailleur hanger (point of attachment for the rear derailleur). This is the result of excess stress or incorrect alignment. This component is a predetermined breaking point and protects the frame and derailleur from damage due to excess stress.
Our voluntary warranty applies only for the original purchaser of the product and requires a copy of the original receipt.
11. Right of Cancellation
Customers that are consumers (see Section 1 of these provisions) are fundamentally entitled to a 14 day right of cancellation. The following provisions and notices apply with regard to the existence or non-existence of a right of cancellation as well as the consequences in the event of revocation.
Right of Cancellation for Consumers
Right of Cancellation
You have the right to cancel this contract within 14 days without stating the reasons for this.
The cancellation period is 14 days from the day that you, or a third party designated by you that is not the carrier, took possession of the last item.
In order to exercise your right of cancellation, you must inform us at
YT Industries SA
Unit A1, Connaught Park, Mcgregor Street, Beaconvale, Parow
Cape Town, 7500
Phone: +27 21 9377440
using a clear declaration (e.g., a letter sent via mail, or e-mail) about your decision to cancel this contract.
To comply with the cancellation period, it is sufficient that you send the notification regarding the exercising of the right of cancellation prior to the expiry of the cancellation period.
Consequences of Cancellation
If you cancel this contract, all of the payments that we have received from you, excluding delivery costs, shall be promptly refunded to you no later than 14 days from the date that we have received the returned goods. We will use the same payment method that you used for the original transaction for this refund unless otherwise expressly agreed to with you.
You must promptly send back or surrender the items to us no later than 14 days from the date on which you informed us of the cancellation of this contract. To comply with the deadline, you must send the items back prior to the expiry of the deadline of 14 days. You are responsible for the direct costs related to sending the items back.
In the event of a cancellation, you must pay compensation for a loss in value resulting from handling the items in a manner that was not required for inspecting the quality, characteristics, and functionality of the items. This is the case, in particular, if the items were not used on roads, but instead on trails in bike parks, in woods, or on similar routes.
12. Saving Contract Data
The order data (customer data, articles, quantity, price, date of order, shipping method, and payment details) are saved electronically by YT Industries SA for the period of the purchase procedure and automatically sent to the Customer via e-mail.
Apart from the order data transmitted via e-mail from YT Industries SA, a special contract text will not be saved. The respective article description contains the essential characteristics of the items offered by YT Industries SA. In addition, the Customer can print the details of his order using the print function of his e-mail client or web browser by selecting “Print”.
13. Final Provisions
- The law of the Republic of South Africa shall apply to the exclusion of the UN Convention on Contracts for the International Sales of Goods.
- If the Customer is an Entrepreneur, the place of fulfillment shall be Cape Town, South Africa. If a Customer that is an Entrepreneur is also likewise a dealer, Cape Town is moreover agreed to as the exclusive place of jurisdiction for all disputes arising from or in connection with the sales contract. YT Industries SA is entitled to sue Entrepreneurs at their place of general jurisdiction.