Terms & Conditions

TERMS & CONDITIONS

This website at www.vencycling.co.za (the “Site”) is owned and operated by Ven Apparel (Pty) Ltd, a registered company in South Africa, (hereinafter referred to as “we” or “us”) and is provided for residents of South Africa, but open to public viewing internationally as well. This page sets out the Terms and Conditions under which you may use this Site (the “Terms”). Please read the Terms carefully. By using this Site, you are indicating your acceptance to be bound by these Terms. The term “you” as used in these Terms refers to all individuals and/or entities accessing this Site for any reason.

Use of Site

The content of this Site and its individual pages is for general information and use only. It is subject to change without notice.

Accessing this site implies that you agree to our Terms & Conditions, as well as that you are familiar with our Privacy Policy. These documents might be amended from time to time and it is each user’s responsibility to check back regularly.

Our Terms and Conditions apply to the Site only. Other websites linked to or from this Site, as well as other services or companies referring to have their own terms and conditions, which might not necessarily coincide with ours.

Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that we may have in the Site its content, and the goods and services that may be provided.

The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you.

Registration Details

When registering on the Site, users need to provide truthful information and be at least thirteen (13) years of age.

Users are responsible to maintain the confidentiality of their login / registration details. Users are also solely responsible for uses via their passwords – whether authorised or unauthorised. Ven immediately needs to be notified of any unauthorised user registration or access. Registration data and other personally identifiable information that we may collect will be handled as confidential and is subject to the terms of our Privacy Policy.

Our Services

Our website and its related services are provided on an “as is” basis. Ven is the owner of this Site and exclusively reserves all associated rights and may (at any time and without notice and any liability to its users) modify or discontinue this website and its services and / or delete the data provided – whether temporarily or permanently. Ven shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.

Third Party Services

Goods and services of third parties may be advertised and / or be made available on or through this website. Representations made regarding products and services provided by third parties are governed by their own policies. We shall not be liable or responsible for any dealings or interaction with third parties.

Content

This website may contain content that may be objectionable. Ven is not responsible for viewpoints differing from that of our users.

All information or data of any kind (including, but not limited to, text, images / graphics, videos, music / sound files and software / code), publicly or privately provided, shall be the sole responsibility of the person providing the content or the person whose user account is used.

Submission of Content

By providing any content to our website

• you agree to grant to Ven a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display / publish, reproduce / distribute, modify / adapt, promote, archive and translate the content. This includes creating derivative works and compilations thereof – in whole or in part. Such license will apply with respect to any form, media technology known or later developed;
• you warrant that you have all legal, moral and other rights that may be necessary to grant us with the right / license as above;
• you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you provide at any time and for any reason – with or without notice.

Copying, reproducing, republishing or distributing the website and associated content, including the layout, design elements, images and text. This also applies to ‘deep-linking’, ‘embedding’ or the use of analogous technology.

Providing any content or perform any conduct that may be unlawful / illegal, harmful / abusive / tortuous, threatening / harassing / stalking, defamatory, libellous, offensive / objectionable or vulgar / obscene / pornographic. This includes content or actions designed to (or which do) interfere with or interrupt this website or any service provided; content infected with a virus or other destructive or deleterious programming routine; content giving rise to civil or criminal liability; or content / actions which may violate an applicable local, national or international law, including (but not limited to) laws relating to copyrights, trademarks, patents or trade secrets.

Providing or using this website and any content or service in any commercial manner or in any manner that would involve junk mail, spamming, chain letters, pyramid schemes, or any other form of unauthorised advertising without our prior written consent.

Impersonating or misrepresenting your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you.
Collecting or harvesting any data about other users.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with this website. We may investigate any complaints or reported violation of these terms and conditions and take any action that we deem appropriate. This may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to users’ access and / or removing any materials from the website.

Indemnification

You agree to indemnify and hold us (including our directors, employees, agents, affiliates, partners, independent contractors, advertisers and co-branders) harmless from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of conduct or connection with this website or service, your provision of content, your violation of these terms and conditions or any other violation of the rights of another person or party.

Disclaimer and Limitation of Liability

You use this Site at your own risk. This site is provided by us on an “as is” basis. We do not warrant or represent that the content of this site is accurate, up-to-date or complete, or that it does not infringe the rights of any third parties. We make no representations or warranties of any kind with respect to the site, its contents or any of the products or services supplied through the site. To the maximum extent permitted by law, we disclaim all implied representations and warranties including, without limitation, implied warranties that the products and services offered and supplied through the site will be of merchantable quality, fit for any purpose or will comply with any descriptions on the site or samples.

In the event that our Site fails to operate or causes you any loss or damage, due to non-availability of information, we cannot be held accountable.

Your access to and use of this Site is subject to factors beyond our control. We do not represent or warrant that this Site, the server that makes it available or any of the products or services supplied through this Site will be free of errors, viruses or defects or that the service will be uninterrupted or timely. Because of the nature of the Internet, we do not warrant that this Site will be secure and we will not be liable for any disruptions to the Site.

To the fullest extent permitted by law remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

LAW

Our terms and conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute. However, we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Miscellaneous

In the event that these terms and conditions conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these terms and conditions will remain valid and intact.
Failure of either party to assert any right under these terms and conditions shall not be considered a waiver of that party’s right and that right will remain in full force and effect.
You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.

ONLINE PURCHASING

Purchasing

When you proceed to make an online purchase on this website, legal obligations arise and your rights to a refund of monies are limited in respect of monies charged to your credit card or paid in any other way.

Once payment is made for the purchase, it is deemed that you have read and understood our Terms & Conditions. If you have any queries, please contact us before making any purchase for any service through this website.

Pricing

All transactions will be processed in South African Rands (ZAR).

Ven endeavours to offer you competitive prices on current products. Your total order price will include the price of the purchase, plus any applicable sales tax and shipping charges (on the day of shipping).

We reserve the right to change pricing at any time without prior notice.

Payment Options Accepted

Payment may be made via Visa and MasterCard.

Card Acquiring and Security

Card transactions will be acquired for Ven Apparel (Pty) Ltd via PayGate (Pty) Ltd 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 Ven Apparel (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).

Responsibility

Ven Apparel (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.

Shipping Time-Frame & Options

Order processing will not begin until we receive a confirmed order and full payment.

We undertake to ship your order within 72 hours (3 business days) of receipt of your order and payment validation. Should we, through circumstances beyond our control, be unable to do this, we will contact you via e-mail and provide a revised shipping schedule no later than the 4th day after receipt of your order.

All orders are shipped via local courier: The Courier Guy. The shipping tracking number will be available to you once the items have been shipped. Delivery can be expected within 3-4 business days.

Undelivered Packages

Occasionally packages are returned to us undeliverable. In this case every attempt will be made to contact you to make arrangements for re-shipment.

Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.

Refunds / Returns Policy

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it subject to the terms below. This policy applies to products bought from Ven.

1. Unwanted Products

In general, you can return an unwanted product to us at no charge, provided:

• it is undamaged and unused, with the original labels and stickers still attached;
• it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable).
• it is not missing any accessories or parts; and
• you log a return on the Website within 7 days of delivery to you.

We will collect the product from you at no charge. Our courier is entitled to refuse collection of a product that is not properly packaged for transport.

Once we have received and inspected the product and validated your return, we will refund you. Please bear in mind that refunds will be processed within 20 working days to reflect in your account. We are entitled to refuse a return if the unwanted product is returned damaged, not in a re-saleable condition or missing any accessories.

Want to exchange?

Exchanges are easy and to speed up the process, we rather REFUND your original purchase or part purchase. This allows you to purchase a replacement item immediately and not have to wait for us to first receive the return. The refund will be processed once we receive the return.

Not what you ordered?

If we accidentally deliver the wrong product to you please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will refund you.

Country of domicile

This website is governed by the laws of South Africa and Ven Apparel (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 PO Box 72186, Parkview 2122.

Variation

Ven Apparel (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information

This website is run by Ven Apparel (Pty) Ltd based in South Africa trading as

Ven Cycling Apparel and with registration number 2019/160598/07 and  Directors: E.Giese and M.Giese.

Ven Apparel (Pty) Ltd contact details

Company Address: PO Box 72186, Parkview 2122

Email: sales@vencycling.co.za

Telephone: +27 78 702 6386