Terms and Conditions

 

Thank you for visiting our website.

It is important for you to take some time to read and understand the terms and conditions under which you will visit and use this website (“Terms and Conditions”), as these Terms and Conditions will apply to you.

For the avoidance of any doubt, please note that these Terms and Conditions do not affect your statutory rights, including any rights that you may have under applicable consumer laws, which cannot be changed by agreement between you and us.

Who We Are

This website, www.gunguy.co.za (“Site”), is owned and operated by Prometheus Engineering Works (Pty) Ltd, a private company registered in the Republic of South Africa under registration number 2016/469073/07, with its registered business address at 262 13th Avenue, Pretoria.

All references in these Terms and Conditions to “us”, “we” or “our” are references to Prometheus Engineering Works (Pty) Ltd.

Acceptance

Access to and use of this Site is provided only in accordance with these Terms and Conditions.

By using the Site, you indicate that you have read these Terms and Conditions, that you accept that these Terms and Conditions are binding on you and that you agree to abide by these Terms and Conditions.

If you do not agree to these Terms and Conditions, you may not make use of this Site.

Shipping and delivery

Products may be collected by appointment with us in the Johannesburg area, within our sole discretion. Orders placed outside of this area, or where collection has not been arranged prior to payment, will be couriered to the address you supply to us when you place your order.

Although we utilise the services of a reputable courier company to deliver your goods to you, we cannot be liable for any damage sustained during or as a result of shipping and/or transportation.

Prometheus Engineering Works (Pty) Ltd reserves the right to use alternate methods of delivery for any reason whatsoever.

We endeavour to dispatch goods within 5 working days of payment, but this is not always possible due to the nature of our third party suppliers. Prometheus Engineering Works (Pty) Ltd will not be liable for any damages, of whatever nature, sustained as a result of late and/or slow delivery. You will be notified, to the extent that we are reasonably able to do so, in the event that the dispatching of your goods will be delayed for any reason.

Free shipping applies on orders totaling R3000 or more, including VAT and other charges but excluding delivery fees. Certain items are not eligible for free shipping, regardless of the total price of the order. For an up-to-date list of these products, click on “Shipping Information” on the Site.

For orders less than R3000, a flat fee of R210 including VAT will apply. For orders weighing more than 30kg, additional charges will apply. These will be communicated to you when you select the “Cart” functionality.

Returns

You are entitled to return any product in the event that you are not satisfied with it, and receive a refund for that product. Products must be returned within 14 days of purchase, in an unused condition and with all original packaging and accessories, to qualify for a refund. Should you wish to return any item, contact admin@gunguy.co.za

Your Privacy and Security

Prometheus Engineering Works (Pty) Ltd respects your rights to privacy and confidentiality.

We undertake not to sell, exchange or transfer your personal information to or with any third party for any purpose other than the purposes that have been disclosed and detailed in our Privacy and Security Statement, which, for the avoidance of doubt, forms part of these Terms and Conditions.

Amendments to these Terms and Conditions

We may amend these Terms and Conditions from time to time, at our sole discretion.

If we elect to amend these Terms and Conditions, the revised version will be posted on the Site. You must check the Site regularly for any changes we may have made since your last visit to the Site, as any such changes will be binding on you.

By using the Site after we have changed or amended these Terms and Conditions, you acknowledge that you will be accepting those changes or amendments.

These Terms and Conditions were last updated on: 22 September 2017.

Information Feeds

We may use the services of other organizations, or allow other organizations, to provide information on the Site.

While we do take reasonable care in selecting such other service providers and in monitoring the information such organizations provide on the Site, we are not responsible for the provision of this information and we make no representations or warranties of any nature as to the accuracy or appropriateness of any such information.

You acknowledge and agree that we will not be directly or indirectly liable or responsible for any damage that you may suffer if you choose to rely on such information, and you understand that you act or rely on such information at your own risk.

Links to Third Party Websites

You acknowledge and understand that this Site may contain links to other websites.

While we do take reasonable care to provide links to reputable websites, we have no control over the content of and on such other websites and we cannot accept responsibility or liability for the information provided or made available on these websites. You acknowledge and understand that a link from our Site to any other website does not mean that we have checked or endorsed the owners or administrators of that website, or their business practices and operations.

Links to other websites are provided on our Site for your convenience only, in respect of matters and services that we think may be useful or interesting to you. You are responsible for complying with the terms and conditions applicable to such third party websites (if any).

Intellectual Property

You acknowledge and agree that we retain all copyright and other intellectual property rights in all content published or made available on the Site, including (but not limited to) software, written text and design.

The logos and trademarks shown on this Site are our registered and unregistered trademarks or those of third parties. You may not use any such logo or trademark without our written consent or the consent of the relevant third parties (as the case may be).

An application to use our intellectual property (including our logos or trademarks) can be submitted to us at admin@gunguy.co.za. If we have not responded to your request within 5 (five) business days of the date on which you sent the request to us, you must consider your request to have been declined.

You acknowledge that we own all content and material on the Site and that you have no right, title or interest in or to any such content and material.

Transmission of Information via the Internet

Although we take reasonable steps to limit the risks (as described in our Privacy and Security Statement), you acknowledge and accept that information sent or transmitted via the internet may be unlawfully accessed, changed and/or monitored.

You understand that you will bear the risk of transmitting information in this manner and under no circumstances will we be liable for any loss, harm or damage that you might suffer as a result.

Prometheus Engineering Works (Pty) Ltd reserves the right to request independent verification of any information you transmit to us via the Site or via email.

Hardware and Software

You must make sure that you use and maintain hardware and software of sufficient quality and performance, and that you use only the latest versions of available browsers.

Prometheus Engineering Works (Pty) Ltd does not warrant that any file, document, download or application available via or from this Site is free from viruses, trojan horses, time-locks, bombs or any other code or data that could negatively affect the functioning or operation of your computer, other device or network.

Termination, Suspension and Limitation

Where we choose to suspend or discontinue the Site, or to change the functionality of or services offered on the Site, whether temporarily or permanently, we will try our best, wherever possible, to provide you with some notice before we do so.

Notwithstanding this undertaking, you acknowledge and accept that we are entitled to modify, suspend or discontinue the Site at any time and that we will not be responsible for any damage or loss that you may suffer if we choose to do so. We may also choose to restrict access to certain or all of the functionality or services offered on the Site.

No Warranties or Representations

To the fullest extent permitted by applicable law, the Site is provided on an “as is” and “as available” basis.

Prometheus Engineering Works (Pty) Ltd does not warrant or represent that the Site will be error-free, or that the content provided on or via the Site is or will be accurate, suitable, complete or fit for or compatible with any particular purpose.

Disclaimer and Limitation of Liability

Except for any statutory liability that we may have towards you:

  • as prescribed under the Consumer Protection Act, 2008 (“CPA”); and/or

  • as prescribed under the Electronic Communications and Transactions Act, 2002 (“ECTA”),

and which cannot be disclaimed or altered by agreement between you and us, neither we, nor our affiliates, employees, officers or agents will be responsible or liable in any way for any damage or loss of whatsoever nature arising from the Site, your use of or reliance on the Site, or on any information provided on or via the Site.

This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.

You acknowledge and understand that use of this Site is entirely at your own risk.

Without detracting from the generality of the limitation of liability set out above, you expressly acknowledge and agree that we will not be liable for:

  • any interruption, malfunction or failure of or by our technical systems regarding the Site for any reason beyond our reasonable control, including (but not limited to) war, government action, industrial action or dispute or acts of God;

  • any damage to your computer or device (including hardware and software) as a result of your use of the Site; or

  • any loss of information or unauthorised use of data caused by your use of systems and/or encryption standards that are below generally accepted levels.

Capacity to enter into Agreements

You warrant to us that you have the required legal and contractual capacity to enter into and be bound by contractual terms.

If you are unsure whether you have the legal capacity to enter into contracts, you must contact someone who is able to provide you with this information before you continue using this Site.

Governing Law and Dispute Resolution

These Terms and Conditions are governed by and will be interpreted in accordance with the laws of the Republic of South Africa, without reference to any conflict of law provisions. All interactions and transactions made or conducted on this Site will be subject to South African law.

In the event of there being any dispute between Prometheus Engineering Works (Pty) Ltd and you arising out of these Terms and Conditions, such dispute shall, on written demand by either Prometheus Engineering Works (Pty) Ltd or you be submitted to arbitration in Johannesburg in accordance with the rules of the Arbitration Foundation of South Africa (“AFSA”), which arbitration shall be administered by AFSA. The AFSA Rules can be accessed by you at www.arbitration.co.za.

Should AFSA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, then the arbitration shall be conducted in accordance with the AFSA rules for commercial arbitration (as last applied by AFSA) before an arbitrator appointed by agreement between Prometheus Engineering Works (Pty) Ltd and you or, failing agreement within 10 (ten) business days of the demand for arbitration, either Prometheus Engineering Works (Pty) Ltd or you shall be entitled to call upon the chairperson of the Johannesburg Bar Council to nominate an arbitrator, provided that the person so nominated shall be an advocate of not less than 10 (ten) years’ standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of Prometheus Engineering Works (Pty) Ltd’s attorneys and your attorneys failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on Prometheus Engineering Works (Pty) Ltd and on you.

Either Prometheus Engineering Works (Pty) Ltd or you may appeal the decision of the arbitrator or arbitrators in terms of the AFSA rules for commercial arbitration.

Nothing will prevent or prohibit either Prometheus Engineering Works (Pty) Ltd or you from applying to an appropriate court for urgent relief. In addition, you acknowledge and understand that these provisions do not restrict, or attempt to restrict, any right that you may have to submit a complaint to any other body in terms of applicable law (including consumer laws such as the CPA and the ECTA), which cannot be altered by agreement between you and us.

Any arbitration held with regard to these Terms and Conditions will be conducted behind closed doors and Prometheus Engineering Works (Pty) Ltd and you will be required to treat all details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration as confidential.

Breach / Failure to Comply with these Terms and Conditions

If you commit any material breach of these Terms and Conditions, or if you use the Site in an unauthorised manner, or interact with the Site in any unlawful or unauthorised manner, Prometheus Engineering Works (Pty) Ltd will be entitled to terminate your access to the Site immediately without prior notice to you, and without prejudice to any other rights we may have in terms of these Terms and Conditions or at law.

Our Address for Notices and Service of Legal Process

Our chosen address for any legal notice or process is:

262 13th Avenue

Rietfontein

Pretoria

General

The headings of the clauses in the Terms and Conditions are provided for convenience and ease of reference only and will not be used to interpret or attach meaning to the Terms and Conditions.

No failure or delay by us to exercise any of our rights under law or in terms of these Terms and Conditions will be interpreted as a waiver of any such rights, nor will it affect the validity of any part of these Terms and Conditions or prejudice our rights to take any subsequent action against you.

If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable for any reason at all, the relevant provision will be deleted from these Terms and Conditions and all remaining provisions will continue to be valid between Prometheus Engineering Works (Pty) Ltd and you, to the fullest extent permitted by law.

If you have any questions or do not understand anything in these Terms and Conditions, or if you want to send any comments or complaints to us, please send an email to admin@gunguy.co.za and we will respond to you as soon as possible.