Terms & Conditions
Availability and termination
15.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
15.2. Pretoria Products may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Pretoria Products will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
15.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Governing law and jurisdiction
16.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
16.2. In the event of any dispute arising between you and Pretoria Products, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
16.3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Pretoria Products information
For the purposes of the ECT Act, Pretoria Products’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
17.1. Full name: The Pretoria Products Shop, a private company registered in South Africa with registration number 2013/128617/07
17.2. Main business: Physical Shop
17.3. Physical address for receipt of legal service (also postal and street address):
20 Firwood Road
1 Meerlust Avenue
18.1. Pretoria Products may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
18.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
18.3. Any failure on the part of you or Pretoria Products to enforce any right in terms hereof shall not constitute a waiver of that right.
18.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
18.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
18.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
18.7 These Terms and Conditions contain the whole agreement between you and Pretoria Products and no other warranty or undertaking is valid, unless contained in this document between the parties.