Terms and Conditions

 
Welcome to ToolSense.co.za. This site is provided by ToolSense cc (referred to throughout this document as "ToolSense") as a service to our customers.

Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to the Terms. ToolSense reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the ToolSense web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, and audio/video media, digital downloads, data compilations, and software, is the property of ToolSense or its content suppliers and protected by South African and international copyright laws.
The compilation of all content on this site is the exclusive property of ToolSense and protected by South African and international copyright laws. All software used on this site is the property of ToolSense or its software suppliers and protected by South African and international copyright laws.

LICENSE AND SITE ACCESS

ToolSense grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ToolSense. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ToolSense.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ToolSense and our affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing ToolSense's name or trademarks without the express written consent of ToolSense. You may not use any direct linking or source-calling of any media presented on this web site. Any unauthorized use terminates the permission or license granted by ToolSense. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ToolSense so long as the link does not portray ToolSense, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ToolSense logo or other proprietary graphic or trademark as part of the link without express written permission.

DETAILED DESCRIPTION OF GOOD AND / OR SERVICES

ToolSense cc is an import / export business that specializes in the distribution and marketing of professional quality tools and instruments.

DELIVERY POLICY

To ensure speedy and cost effective delivery of your order we make use of several Couriers. You will be advised of the delivery options open to you, on receipt of your order.

Subject to availability and receipt of payment (your order can only be released after your payment has been confirmed), requests will be processed within 2 working days and delivery confirmed by way of tracking number.

Please note that ToolSense is an internet based business; we regret our office and distribution warehouse are not open to the public and orders cannot be collected from there.

GUARANTEE AND WARRANTEE POLICY

ToolSense will honour all their product manufacturers’ and suppliers’ warranties and guaranties, the details of which are available on request by emailing info@toolsense.co.za

RETURN AND REFUNDS POLICY
    
The provision of goods and services by ToolSense cc is subject to availability. In case of unavailability, ToolSense cc will refund the client in full.

Any goods purchased from ToolSense can be returned for a refund within 7 days of receipt of shipment.
Please email our Customer Service Department at sales@toolsense.co.za to arrange the return.
A handling fee of 20% of the total order value will be charged. The customer will also have to accept the return shipping & insurance cost. All items returned to ToolSense must be in new, mint condition in their original packaging and in an immaculate and un-tampered state. Any returned product that is damaged through customer misuse, is missing parts, or is in an un-sellable condition due to tampering will result in the non-acceptance of this return.

COLOURS AND FINISHES

We have made every effort to display as accurately as possible the colours and finishes of our products that appear on the site. Occasionally a product image may vary from the actual product; this may be due to production changes or product developments beyond our control and should not be seen as a misrepresentation of the product by ToolSense.

PAYMENT OPTIONS ACCEPTED

Payment may be made by Electronic Funds Transfer (EFT) into the ToolSense cc bank account, the details of which will be provided on the order confirmation; payments may also be made via Visa, Master Card, Diners or American Express credit cards.
We regret that we do not accept cheque payments. In the event where a cheque has been deposited in our bank account in lieu of payment for goods ordered, we reserve the right to release the goods only after we have received a fund clearance confirmation from the issuing bank (usually 14-21 working days).

CREDIT CARD ACQUIRING AND SECURITY

Credit card transactions will be acquired for ToolSense cc by Virtual Card Service (Pty) Ltd who are the approved payment gateway for South Africa. ShopDirect uses SSL3 and credit card information is stored per Visa and MasterCard guidelines on the website. Users may go to www.shopdirect.co.za to view their security certificate and security policy.  

CUSTOMER DETAILS SEPARATE FROM CARD DETAILS

Customer details will be stored by ToolSense cc separately from card details which are entered by the client on ShopDirect’s secure site

CUSTOMER PRIVACY POLICY

ToolSense shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf


MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is ZAR (South African Rand).

RESPONSIBILITY

ToolSense takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer services and support, dispute resolution and delivery of goods.

COUNTRY OF DOMICILE

This website is governed by the laws of South Africa and ToolSense chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Johannesburg, Gauteng Province, Republic of South Africa.

VARIATION

ToolSense may, at its sole discretion, change this agreement or any part thereof at any time without notice.

COMPANY INFORMATION

This website is run by close corporation based in South Africa trading as ToolSense and with registration number 2009/016574/23 represented by D P Kempe.

EXPORT RESTRICTION

The offering on this website is available to South African and International clients.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

MINORS

ToolSense does not sell products to children, but to adults who can purchase with a credit card or other certified payment method. If you are under 18, you may use ToolSense only with consent of a parent or guardian. ToolSense reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

PRICING OR TYPOGRAPHICAL ERRORS

While ToolSense strives to provide accurate product and pricing information, pricing or typographical errors may occur. ToolSense cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, ToolSense shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is wrongly priced, ToolSense may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

ORDER ACCEPTANCE

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the "Shipping Policies" section of the website. If your order is unable to ship within 48 hours, we will hold your funds as a deposit on the goods until the product ships. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after payment is received, we will issue a credit by the charged payment method for the amount of the charge.

QUANTITY LIMITS AND DEALER SALES

ToolSense reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail and/or billing address provided, should such limits be applied. ToolSense also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our Customer Service by emailing sales@toolsense.co.za

GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of ToolSense to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit ToolSense's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under South African law as such law applies to agreements between South African residents entered into and to be performed within South Africa. Any action or proceeding arising out of or related to this Agreement or your use of this site must be brought in the courts of South Africa.

INDEMNIFICATION

You agree to defend, indemnify and hold ToolSense harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.

TERMINATION

These terms are effective unless and until terminated by either you or ToolSense. You may terminate this Agreement at any time, provided that you discontinue any further use of this site. ToolSense also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in ToolSense's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or ToolSense, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.

DISCLAIMER

This site is provided by ToolSense on an "as is" and "as available" basis. ToolSense makes no representations or warranties of any kind express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, ToolSense disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, ToolSense disclaims any and all warranties, express or implied, for any merchandise offered on this web site. You acknowledge, by your use of the ToolSense web site, that your use of the web site is at your sole risk.

This disclaimer does not apply to any product warranty offered by the manufacturer of the item.
This disclaimer constitutes an essential part of this agreement.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TOOLSENSE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE TOOLSENSE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TOOLSENSE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TOOLSENSE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE.

TOOLSENSE CC CONTACT DETAILS
Telephonic Support: 0027 31 466 4355| Email Support: sales@toolsense.co.za
Address: P O Box 21389, Bluff, 4036, South Africa