TERMS AND CONDITIONS
Welcome to our online store! PRO GEAR SA (PTY) LTD and its associates provide their services to the client subject to the following conditions. If the client visits or shops within this website, the client accepts these conditions. Please read them carefully.
DESCRIPTION OF GOODS AND SERVICES
PRO GEAR SA (PTY) LTD is in the business of selling and providing support for high end audio and video electronic and other forms of equipment and accessories, supplied from multiple companies worldwide.
Subject to availability and receipt of payment, requests will be processed within 2 days and delivery conﬁrmed by way SMS and / or email. Delivery period is subject to courier times, custom delays and other factors out of our control. We will however expedite the client’s purchase as fast and effectively as possible.
ELIGIBILITY OF ITEMS FOR RETURN OR EXCHANGE
The provision of goods and services by PRO GEAR SA (PTY) LTD is subject to availability. In cases of unavailability, PRO GEAR SA (PTY) LTD will refund the client in full within 30 days.
Unfortunately we are not able to have goods returned to us by our customers who have ordered the incorrect items. This being said, we will endeavour to ensure your satisfaction with your purchase and will assist in replacements as far as possible. This will include mediation between yourself and the supplier. It is assumed and understood that you fully understand what is being purchased and are under no pressure from PRO GEAR SA or any of its employees / representatives to purchase a specific product. All items are purchased with your full acknowledgment of this understanding. Should any items delivered be defective, please see below.
Please understand that all guarantees and warranties are as per the supplier and not held by PRO GEAR SA itself.
If a supplier is willing to accept a return (which we cannot guarantee will happen), the items must be unopened, in their original boxes, include all factory labels and be in a ready-for-sale condition.
RULES ON RETURNING AND EXCHANGING ITEMS WITH DISCOVERED DEFECTS
Customers are entitled to notify PRO GEAR SA immediately of any discovered defects and to request it be rectified within 30 calendar days from the moment of the receiving the items from the Seller or the Seller's representatives. The only exception are defects caused by improper handling of the Items by the Customer (you).
To return the Items, you must submit the copy of proof of purchase and fill in the return request form.
Our return and refund policy is described above.
Please review our Privacy Notice, which also governs the client’s visit to our website, to understand our practices. Further to that, PRO GEAR SA (PTY) LTD 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/attachment.php?aa_id=3569.
PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa, MasterCard, Debit and Credit cards, as well as Instant EFT (SID). All our payments are secure and handled by PayGate (Pty) Ltd and FNB. We have negotiated a merchant account in order to keep these costs as slow as possible. Another option is for you to handle your own bank EFT transfer as this will carry an even lower processing fee. (Place an order, print the received invoice, pay it using ORDER NUMBER as reference, and email us the Proof Of Payment).
CARD ACQUIRING AND SECURITY
Card transactions will be acquired for PRO GEAR SA (PTY) LTD via PayGate who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website.
Users may go to www.paygate.co.za to view their security certiﬁcate and security policy.
CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Customer details will be stored by PRO GEAR SA (PTY) LTD separately from card details which are entered by the client on PayGate's secure site. For more detail on PayGate refer to www.paygate.co.za.
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 South African Rand (ZAR).
PRO GEAR SA (PTY) LTD takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and PRO GEAR SA (PTY) LTD 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.
PRO GEAR SA (PTY) LTD may, in its sole discretion, change this agreement or any part thereof at any time without notice.
When the client visits progearsa.co.za or send e-mails to us, they are communicating with us electronically. They consent to receive communications from us electronically. We will communicate with the client by e-mail or by posting notices on this site. They intern agree that all agreements, notices, disclosures and other communications that we provide to them electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PRO GEAR SA (PTY) LTD or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PRO GEAR SA (PTY) LTD , with copyright authorship for this collection by PRO GEAR SA (PTY) LTD , and protected by international copyright laws.
PRO GEAR SA (PTY) LTDs trademarks and trade dress may not be used in connection with any product or service that is not PRO GEAR SA (PTY) LTDs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PRO GEAR SA (PTY) LTD. All other trademarks not owned by PRO GEAR SA (PTY) LTD or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PRO GEAR SA (PTY) LTD or its subsidiaries.
LICENSE AND SITE ACCESS
PRO GEAR SA (PTY) LTD grants the client 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 PRO GEAR SA (PTY) LTD. 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, 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 PRO GEAR SA (PTY) LTD. The client may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PRO GEAR SA (PTY) LTD and our associates without express written consent. The client may not use any meta tags or any other "hidden text" utilizing PRO GEAR SA (PTY) LTDs name or trademarks without the express written consent of PRO GEAR SA (PTY) LTD. Any unauthorized use terminates the permission or license granted by PRO GEAR SA (PTY) LTD. The client is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PRO GEAR SA (PTY) LTD so long as the link does not portray PRO GEAR SA (PTY) LTD, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. The client may not use any PRO GEAR SA (PTY) LTD logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If the client uses this site, they are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and they agree to accept responsibility for all activities that occur under the client’s account or password. If the client is are under 18, they may use our website only with involvement of a parent or guardian. PRO GEAR SA (PTY) LTD and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." The client may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PRO GEAR SA (PTY) LTD reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If they client does post content or submit material, and unless we indicate otherwise, they grant PRO GEAR SA (PTY) LTD and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. The client grants PRO GEAR SA (PTY) LTD and its associates and sublicensees the right to use the name that they submit in connection with such content, if they choose. The client represents and warrants that they own or otherwise control all of the rights to the content that they post: that the content is accurate: that use of the content they supply does not violate this policy and will not cause injury to any person or entity: and that they will indemnify PRO GEAR SA (PTY) LTD or its associates for all claims resulting from content supplied. PRO GEAR SA (PTY) LTD has the right but not the obligation to monitor and edit or remove any activity or content. PRO GEAR SA (PTY) LTD takes no responsibility and assumes no liability for any content posted by the client or any third party.
RISK OF LOSS
All items purchased from PRO GEAR SA (PTY) LTD are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to the client upon our delivery to the carrier.
PRO GEAR SA (PTY) LTD and its associates attempt to be as accurate as possible. However, PRO GEAR SA (PTY) LTD does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by PRO GEAR SA (PTY) LTD itself is not as described, the client’s sole remedy is to return it in an unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY PRO GEAR SA (PTY) LTD ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRO GEAR SA (PTY) LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. THE CLIENT EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THEIR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRO GEAR SA (PTY) LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRO GEAR SA (PTY) LTD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PRO GEAR SA (PTY) LTD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRO GEAR SA (PTY) LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE CLIENT, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THE CLIENT, AND THEY MIGHT HAVE ADDITIONAL RIGHTS.
By visiting PRO GEAR SA (PTY) LTD, the client agrees that the laws of South Africa, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between the client and PRO GEAR SA (PTY) LTD or its associates.
Any dispute relating in any way to the client’s visit to PRO GEAR SA (PTY) LTD website or to products they purchase through PRO GEAR SA (PTY) LTD shall be submitted to confidential arbitration in South Africa, except that, to the extent the client have in any manner violated or threatened to violate PRO GEAR SA (PTY) LTDs intellectual property rights, PRO GEAR SA (PTY) LTD may seek injunctive or other appropriate relief in any court in South Africa, and they consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the South African Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern the client’s visit to PRO GEAR SA (PTY) LTD and it’s website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
This website is run by PRO GEAR SA (PTY) LTD based in South Africa trading as PRO GEAR SA (PTY) LTD and with registration number 2016/403830/07 and Director: Craig Tarling.
Company Physical Address: 11 Prince Street, Somerset West, Western Cape, South Africa, 7130