Terms & Conditions
STARGAS CC (“STARGAS”)
STANDARD TERMS AND CONDITIONS
1.1 Stargas CC, a company registered in South Africa with registration number 2010/083238/23 (“Stargas”, “we”, “us” or “our”), is a liquid petroleum gas (“LPG”)
distributor who distributes and sells the following items: i) LPG-filled cylinders (9kg, 19kg, and 48kg); ii) LPG related products and appliances; and iii) various other tools, products, and appliances (whether or not related to LPG) (“Products”). For purposes of these terms and conditions, references made to “you” or “your” is reference to you, the end-user of the Products, who has access to or is a registered user of the Stargas website (this “Website”).
1.3 Headings in these Terms are inserted only for reference purpose and will not affect the interpretation of the Terms.
2. CONSUMER PROTECTION ACT
2.1 For purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”), we draw your attention to, and recommend that you carefully note, these Terms.
2.2 If there is anything you do not understand in these Terms, it is your responsibility to approach a legal professional to explain it to you before you accept these Terms or continue using this Website.
2.3 Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Stargas in terms of the CPA.
3. PERMITTED USE
3.1 Unless otherwise specified in these Terms, you are permitted to use this Website for purposes of placing orders for, and purchasing, Products from Stargas. You are not authorised to commercially exploit, reproduce, duplicate, or copy this Website, or otherwise use any of our logos or slogans for your own business purposes, without the prior written consent of Stargas, which consent can be withheld, for any reason whatsoever, by Stargas.
3.2 You are not permitted to access or use this Website through any unauthorised tools, functions, services or otherwise.
3.3 It is your responsibility to ensure that you have internet access to use this Website, and
you acknowledge and agree that the quality and speed of your internet connection may have an effect on the performance and functionality of this Website.
4. SALE OF PRODUCTS AND AVAILABILITY OF STOCK
4.1 Orders for Products are placed with Stargas using the Website. Stargas may accept or reject your order, depending on the availability of Products, correctness of the information relating to the Products and receipt of payment or payment authorisation for the Product(s) ordered.
4.2 The acceptance of your order by Stargas will be communicated to you on the Website and/or via email, at which point an agreement of sale between you and Stargas will come into effect. If Stargas rejects your order for Products, Stargas will, as soon as possible thereafter, refund any amounts already paid by you for the Products.
5.1 Payment for orders will be made using a safe and secure online payment facility supplied to Stargas by a third party service provider, and will therefore be subject to the third party service provider’s terms and conditions, which you can access at www.payfast.co.za.
5.2 Once you have placed your order for Products, you will be directed to a secure site for payment of the applicable purchase price.
5.3 Payment for the Product(s) will be due before the order is processed. In the event that no
payment has been received after submitting your order, Stargas may automatically cancel your order.
5.4 It is your responsibility to ensure that your payment details are kept confidential and that your internet connection is trusted and secured.
5.5 Stargas will not be liable to you for any payments made (whether fraudulent, incorrect, negligent or otherwise) using the payment facility. Stargas will use commercially reasonable efforts to assist you in resolving any issues or disputes with the third party service provider, regarding payments made using the payment facility.
6. DELIVERY, RISK AND OWNERSHIP
6.1 Delivery of the Products will be made within 5 to 7 business days from the date of the order being processed by Stargas, however this will be subject to availability of the Products and any delays in delivery experienced by third-party courier services appointed by Stargas to deliver the Products.
6.2 Delivery costs (if any) will be calculated at check-out of the Products using the Website. In the event of a return request, you will be responsible for the cost and risk of transporting the returned Product(s) to Stargas.
6.3 Risk and ownership in the Products will pass to you on delivery of the Products to your designated delivery address.
7. WARRANTY AND RETURNS
7.1 Stargas will pass-through all warranties it receives from the original manufacturer of the Products to you, which will cover any defects in the Product(s).
7.2 To the extent that you require the Product(s) to be replaced in accordance with the manufacturer warranty provided, Stargas will use reasonable endeavours to assist you with this process.
7.3 Any requests for repair or replacement of the Product(s) caused by or arising out of any of the following cases, will be charged for by Stargas:
7.3.1 failure or damage caused by your negligence, improper use, or carelessness;
7.3.2 failure or damage caused by unjustifiable repair or modification;
7.3.3 failure or damage caused by fire or water, or a natural disaster such as for example an earthquake;
7.3.4 Aesthetic changes that occur during normal wear and tear and aging.
7.4 Product(s) you purchase from Stargas may be returned for a refund within 7 calendar days of the date of purchase thereof, provided that the Product(s) are in their original packaging, with all tags still attached to the Product(s), and the original Oryx seal on LPG cylinders must be intact. You will be responsible for the costs of returning the goods to Stargas.
7.5 Save as provided in this clause or these Terms, Stargas makes no representations or warranties, whether express or implied, as to the quality, merchantability, and fitness for a particular purpose of the Products, as well as the timeliness, availability, functionality of, or the accuracy, completeness or reliability of any information provided on, the Website.
7.6 You acknowledge that the use of the Website is entirely at your own risk, and you assume sole responsibility for any risk or loss resulting from your use thereof, or your reliance on any information provided on the Website.
7.7 This clause 7 will be your sole and exclusive remedy for any defects in the Product(s).
8. REGISTRATION AND USE OF THE WEBSITE
8.1 To register on the Website, you will be required to open a user account and provide information about yourself (“Registration Data”) as well as provide a unique username and password (“Account Data”). You will need to use your Account Data to access the Website in order to purchase Products. If you are not a registered user, you will not be granted access to, and may not order Products using, the Website.
8.2 You warrant that the Registration Data provided is accurate, current and complete and you undertake to immediately update your Registration Data in order to keep it accurate, current and complete, for purposes of enabling Stargas to provide the required services and deliver the Product(s).
8.3 You agree and warrant that your Account Data will be:
8.3.1 used by only you to access the Website;
8.3.2 kept safe and secure at all times;
8.3.3 not be disclosed by you to any third party;
8.3.4 complex, and not obvious, in nature; and
8.3.5 regularly changed to mitigate security risks.
8.4 Upon becoming aware of, or reasonably suspecting, any unauthorised access to or use of your Account Data, you will immediately notify Stargas and take all steps necessary to mitigate any resultant loss or harm.
8.5 By using the Website, you warrant that you are 18 years old and of full legal capacity. If not, then your use of the Website is deemed to be use under the supervision of your parent or legal guardian, and your parent or legal guardian shall accordingly be bound to these Terms and be liable and responsible for you and all your obligations under these Terms.
8.6 You are not permitted to use any device, software or other instrument to interfere, or attempt to interfere, with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained therein, without the prior written consent of Stargas, which consent may be withheld, for any reason whatsoever, by Stargas.
9. RATINGS AND REVIEWS
9.1 You may rate and review the quality of Products and/or services received from Stargas, by posting a rating or review on the Website, and you hereby consent to Stargas using, sharing and displaying your ratings and reviews, in any manner, on the Website.
9.2 You undertake not to use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. Stargas reserves the right to edit or remove comments if such comments are defamatory, offensive, or include obscenities or other objectionable content, an individual’s name or any other personal information of an individual (without the knowledge or consent of that individual) or violates any privacy or other applicable law.
10. OWNERSHIP AND COPYRIGHT
10.1 The Website is proprietary to and owned by (or licensed to) Stargas. All contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs graphics, icons, hyperlinks, private information, and service marks which are displayed on or incorporated in the Website (“Content”), is protected by law, including but not limited to copyright and trade mark law and is the property of Stargas, its vendors, suppliers, advertisers and/or sponsors and/or is licensed to Stargas.
10.2 Nothing contained on these Terms shall be read in a manner which allows you to acquire any right, title or interest in or to the Website or the Content. You are only granted a right to use the Website and to view the Content, for purposes of purchasing the Product(s).
10.3 Any use, distribution or reproduction of the Content is prohibited unless expressly authorised in these Terms, or otherwise provided for in law.
10.4 Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third party terms and conditions. We will take reasonable steps to inform you in the event that any third party or licensor terms and conditions are changed.
11. LINKING TO THIRD PARTY WEBSITES
11.1 The Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control. These Terms do not apply to those Third Party Websites, and Stargas is not responsible for the practices and/or privacy policies of those Third Party Websites.
11.2 You acknowledge and agree that Stargas has not reviewed all Third Party Websites linked to the Website, and that we are not responsible for the content of any Third Party Website. Your use of Third Party Websites is entirely at your own risk, and Stargas shall not be responsible for any loss, expense, claim, or damages, whether direct, indirect or consequential, arising from or in connection with your use of such Third Party Websites, or your reliance on any information contained thereon.
12. LIMITATION OF LIABILITY
12.1 In no event will Stargas be liable for any damages, loss or liability, whether direct, indirect, or consequential, in nature, arising out of or in connection with your access to or use of the Website and any Content, or purchases made through the Website; your reliance on the Content; or your inability to use the Website; and/or any unlawful activity on the Website or any linked Third Party Website.
12.2 You hereby indemnify Stargas against any loss, claim, or damages, including all costs and expenses, which may be suffered or incurred by you or any third party arising in any way from your access to or use of the Website or any linked Third Party Website.
12.3 We will take reasonable efforts to accurately reflect the description, price and any other relevant information relating to the Products. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error.
12.4 Without limiting the generality of the above, Stargas will not be liable for failure to fulfil any of its obligations, whether caused as a result of any failure or delay of any of its third-party contractors, or otherwise due to causes beyond its reasonable control, including, without limitation, any failure or delay of any supplier; acts of God; strikes or lock outs; war (whether declared or not); terrorism; sabotage; revolution; invasion; insurrection; strike; lock-out or any other industrial action; riot; civil commotion; mob violence; blockade; embargo; boycott; the exercise by any government of any executive or military power; acts or restrains of government; or the imposition or restrictions of or embargos on imports or exports.
13. AVAILABILITY AND TERMINATION
13.1 Stargas 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 your right or ability to access the Website, or to view any of its Contents, including for scheduled and unscheduled maintenance.
13.2 If you breach any of the provisions of these Terms, Stargas shall be entitled, in addition to terminating or suspending your access to the Website, to exercise any rights and remedies which it may have in law against you.
14. CHANGES TO THESE TERMS
14.1 Stargas may, in its sole discretion, change any of these Terms at any time. It is your responsibility to regularly check these Terms and make sure that you are satisfied with the changes. Should you be unsatisfied with these Terms or any changes thereto, please refrain from using the Website.
14.2 Any such change will only apply to your use of the Website after we have published the updated Terms. If you use the Website after the amended Terms have been published, you will be deemed to have accepted such changes.
16. GOVERNING LAW AND JURISDICTION
16.1 These Terms and the relationship between you and Stargas and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
16.2 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 these Terms.
16.3 Nothing in this clause 16, or these Terms, limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
17.1 Stargas information:
Physical address for receipt of legal service: 106 Migmatite Drive, Zwartkop, Centurion, Gauteng, South Africa, 0157
Email address: email@example.com
17.2 Stargas may change the address set out above from time to time by updating these Terms.
17.3 All notices sent in terms of these Terms must be delivered either by hand, email or prepaid registered post and must be in English.
18.1 Stargas may cede, assign or otherwise transfer its rights and obligations in terms of these Terms to any third party. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party, without the prior written consent of Stargas, which consent may be withheld, for any reason whatsoever, by Stargas.
18.2 If any term or condition contained herein is declared invalid, the remaining Terms will remain in full force and effect.
18.3 No indulgence, extension of time, relaxation or latitude which Stargas may show, grant or allow you, shall constitute a waiver by Stargas of any of its rights and Stargas shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
18.4 You may not in any way display, publish, copy, print, post or otherwise use the Website, and/or its Content, without the express prior written consent of an authorised Stargas representative, which consent may be withheld, for any reason whatsoever, by Stargas.
19.1 By registering and using your Card you accept the Terms and Conditions of the associated Card Programme. Terms and Conditions must be obtained from the Programme Owner.
19.2 Cards are valid for use at participating Programme outlets only and subject to the Terms and Conditions of the associated Card Programme.
19.3 You must present your Card when making purchases at participating Programme outlets to earn or redeem value.
19.4 Cards have no value until loaded, registered and / or activated at a participating Programme outlet.
19.5 Any value loaded, accrued or unredeemed on the Card is subject to the rules, limits and expiry periods of the associated Programme.
19.6 This Card is not a credit or debit card and remains the property of the Programme Owner.
19.7 Cards may not be redeemed for cash and cash will not be given as change.
19.8 Cards are non-transferable and may be used by the registered cardholder only.
19.9 Protect your Card and treat it as you would cash.
19.10 If lost or stolen, a replacement Card may be issued, and balances transferred subject to the Terms and Conditions of the Programme. Proof of identification will be required.
19.11 Misuse of this Card may constitute fraud.
19.12 Cards may be blocked or cancelled without prior notice due to fraud or misconduct. All balances may be forfeited.
19.13 Terms and Conditions are subject to change without any prior notification.
Your orders are promptly processed and delivered anywhere in South Africa
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