1. GENERAL
Unless otherwise specifically agreed in writing by Cyber Sling. Shop Pty Ltd, as the Seller, all sales are subject to the following terms and conditions. Any general terms and conditions printed on Buyer´s purchase or related documents shall be inapplicable if in conflict with those terms and conditions, except as expressly and specifically accepted by Cyber Sling. Shop Pty Ltd. (hereinafter: the ” Company “) in writing. For the interpretation of the trade terms the contract is governed by the provisions of the Incoterms set forth by the International Chamber of Commerce and in force at the date of the Company´s written acceptance of the order.
2. ACCEPTANCE
a) Buyer´s orders are binding on the Company only after the Company´s written acceptance. b) If Buyer cancels or modifies shipping instructions previously given by him, the Company may bill the goods and hold them for Buyer´s account at Buyer´s risk and expense pending receipt of definite shipping instructions.
3. DELIVERY
The Company does not guarantee delivery of the products sold within the delay specified. Delivery dates are given and intended by the Company as estimates only and are not an essential condition of performance. Delivery to the first carrier shall constitute delivery to the Buyer. The Company shall not be liable for delays, damages or shortages after delivery to the carrier and in such event Buyer has rights only against the carrier. If shipment is delayed due to an act of the Buyer, delivery to the Buyer will be deemed to occur as soon as the Buyer is notified the goods are ready for shipment and they may be held thereafter for the Buyer´s account and at his expense and risk. Any claim relating to a delivery should be addressed to support@cybersling.shop. The claim must be documented in writing and clear photographs must be included. Any claim must be submitted within 20 days after physical receipt of your goods. No claims will be accepted after this 20 day period. Each delivery must be signed with name in capital letters, date and signature. Without this information, any claim regarding the delivery is impossible.
4. FORCE MAJEURE
All orders are accepted subject to delays or failure in delivery resulting from force majeure, including without limitation: war, demands or requests of Government Authorities, National Defense, civil commotion, strikes, labor trouble, fire, flood, shortage of fuel, power, raw materials or shipping inability or other causes reasonably beyond the Company´s control.
5. PRICE
All prices are ex-works Seller. PRICES IN EFFECT AT TIME OF SHIPMENT WILL APPLY
6. OTHER PRICE CHANGES
Prices are subject to change without notice. In the event prices are increased with respect to accepted orders, Buyer may cancel such orders if he considers the new price unacceptable, by giving written notice to the Seller not later than 30 days after the effective notice of the increase in price. In the event prices are decreased, orders accepted before such decrease shall be billed at the lower price but no adjustment shall be made on goods in transit.
7. TERMS OF PAYMENT
Payment will be due at the time of order placement. If Buyer defaults in payment, Seller will suspend delivery until the default is cured.
8. TRANSFER OF TITLE
Title to products shipped by the Company shall pass to Buyer only upon complete payment. In case of non payment of the purchase price on order placement, the sale shall become immediately null and void when a written notice from the Company to that effect will be received by Buyer.
9. RISK OF LOSS
Notwithstanding the provisions of Section 8 “Transfer of Title” and unless otherwise agreed in writing, the risk of loss, breakage or other damage shall pass to the Buyer and our performance of our contract shall be considered completed at the moment the products sold are delivered to the carrier.
10. WARRANTY
The Company´s only warranty is that the goods are of good merchantable quality and conform to Company´s published standards and norms of the products. The Company will replace without charge, point of destination, all goods shown to be otherwise than as warranted. The Company´s liability is limited to such replacement and the Company accepts no further liability for damages consequential or otherwise. No products shall be returned as defective unless the Company has been informed of the defects claimed and has been given an opportunity to verify the defect or deficiency claimed or has requested the Buyer in writing to return the products for purpose of such verification.
11. RETURN OF NON-DEFECTIVE PRODUCTS
The Company may agree in writing to accept goods for return, a 25% restocking charge will apply for goods returned to the Company and will be subject to its inspection and approval, plus in and out freight charges and other costs.
12. JURISDICTION AND DISPUTES
Any dispute arising between Buyer and Seller in respect of this contract of sale shall be subject to South African law (to the exclusion of any conflicting usage of the trade) and to the jurisdiction of the courts of South Africa. The Company may, however, at its option, sue the Buyer in any appropriate court at the Buyer´s domicile.
