1.1 For purposes of these General Terms and Conditions and elsewhere on the website, “Airvolution” means Airvolution Studios. Email address: email@example.com
2.1 These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which Airvolution acts as supplier of items.
- Product specifications; pricing; typographical errors
3.1 Airvolution will not be required to execute an order or compensate a buyer for any loss if Airvolution made an error when presenting the item, formulating its characteristics or stating its price, and
- i) it should have been clear to the buyer that such involved a printing error; or
ii) if the buyer should not, under the circumstances, have reasonably relied on Airvolution delivering quoted item, with stated characteristics, at this price.
4.1 Products sold by Airvolution are billed in Rands and do not include VAT.
5.1 Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business only. Therefore any VAT charged will not at any time be refunded.
- Costs of Delivering the Items
6.1 All prices of the items posted on the website are exclusive of delivery costs.
6.2 Delivery costs will be stated separately when settling the order and may vary daily and for each order.
- Delivery and Delivery Period
7.1 Airvolution shall endeavour to supply the items ordered, provided that Airvolution has such items in stock, to the delivery address within 5 – 10 working days of the order confirmation and the required receipt of payment. Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.
7.2 The delivery periods referred to above are of an indicative nature only. Should any order not be delivered within 30 days, the buyer will be entitled to cancel the order at no charge.
7.3 Airvolution shall arrange delivery by post or dispatch orders in any other way, at Airvolution’s sole discretion. Note that a signature will be required for receipt of all residential deliveries.
7.4 Airvolution may dispatch the delivery in parts, however, any extra costs for such additional deliveries will be borne by Airvolution.
- Stock Availability
8.1 Stock on offer is limited. Airvolution shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Airvolution shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
9.1 Payment is accepted via credit card (Visa or Mastercard) and direct transfer. Online credit card transactions will be acquired for Airvolution via PayFast (Pty) Ltd. (“PayFast”). PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no credit card details are stored on the website. Users may go to their website (www.PayFast.co.za) to view their security certificate and security policy. Customer details will be stored by Airvolution separately from card details which are entered by the client on PayFast’s secure site. Airvolution takes all reasonable steps to scrutinise all transactions to prevent attempted fraud and a transaction may be refused if Airvolution is not satisfied with its legitimacy.
- Agreements of Sale
10.1 Placing an item in a shopping basket, or adding it to a wish list without completing the purchase cycle, does not constitute an agreement of sale between Airvolution and the purchaser. Users cannot hold Airvolution liable if such items are not available when the purchase cycle is completed; and Airvolution may remove such an item from the shopping basket if no stock is available. An agreement of sale between Airvolution and a user only comes into effect if and when a credit card authorisation is received from the issuing bank. Airvolution reserves the right to refuse to accept and/or execute an order without giving any reasons. Airvolution also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event Airvolution shall only be liable to refund monies already paid by the user.
- Returns / Refunds Policy
11.1 Airvolution shall return products or refund customers in accordance with Sections 55 and 56 of the Consumer Protection Act 68 of 2008 and its Returns/Refunds Policy set out below.
11.2 Products may not be returned unless the incorrect product has been supplied or the product is damaged or faulty upon delivery. In such an instance Airvolution will exchange the product on condition that
(i) the product is returned in its original condition – including packaging, documentation, warranty cards, manuals and accessories and
(ii) the customer returns the product within seven days of receipt and confirms same by sending a written notice to firstname.lastname@example.org (within abovementioned seven day period).
(iii) All returns must be shipped freight (and insurance) prepaid. The onus is on the customer to ensure that the goods returned are received by Airvolution within 10 days of written notice.
On receipt and acceptance of returned product Airvolution will make all reasonable effort to exchange said product, but if replacement is not possible Airvolution will refund the purchase price, including delivery cost. Such amount will be refunded within 30 days of cancellation, beginning on the day written notice was given.
11.3 Products damaged on delivery – Should a product be damaged in any way or missing any parts or accessories at the time of delivery, please notify us within 3 days by logging a return with email@example.com. Breakages not reported within 3 days will not be refunded.
The faulty product will be collected from you at no charge. Once we have inspected the product and validated your return, we will repair/replace the product as quickly as possible (if such a repair is possible/if we have the same product in stock with which to effect a replacement).
If we are unable to repair or replace the product, we will credit your account with the purchase price of the product (note: a cash refund can be requested in lieu of store credit if preferred).
What constitutes a defect? Any material imperfection in the manufacture of a product or any characteristic of a product which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
The following will NOT be regarded as defects and will not entitle you to a return under this Section 11.3:
- faults resulting from normal wear and tear
- damage arising from negligence, user abuse or incorrect usage of the product
- damage arising from electrical surges or sea air corrosion
- damage arising from a failure to adequately care for the product
- damage arising from unauthorised alterations to the product
- where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit you
- in relation to Unboxed Deals, signs of handling and/or repackaging.
- Standard Warranty Policy
12.1 Airvolution provides a 6 month warranty on all products sold on its website against defects or poor quality from the date of delivery. Where products are not subject to an extended supplier’s warranty, we cannot facilitate any returns outside of this 6 month period.
12.2 Where a product has a supplier’s warranty that extends beyond the 6 month Standard Warranty, such product can be returned within the extended supplier warranty period after delivery of the product. Please note that any extended supplier warranty is subject to the terms and conditions of the supplier or manufacturer. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.
12.3 We cannot offer exchanges, replacements or account credits on the following products, unless they are faulty or not as described: Cosmetics and fragrances where the original packaging has been opened, or where the seal has been broken. Media products (including DVDs, CDs, video games and software) where the original plastic wrapping has been opened. Linen and bedding where the original wrapping has been opened. Underwear where the original wrapping has been opened. Swimwear where the original wrapping has been opened. Pierced earrings and other pierced body jewellery where the original wrapping has been opened. Products which have been personalised for you or made to your specifications.
12.4 Parallel/Grey Imports – Any products indicated to be parallel/grey imports have been imported without the approval, or license of the registered owner of the trademark and therefore no guarantee or warranty in respect of such goods will be honoured or fulfilled by any official or licensed importer of such goods. Any warranty claims on such products will be covered by Airvolution or the relevant third party seller for the warranty period indicated for any specific product, alternatively where no such warranty period has been indicated, for a period of 6 months from the date of receipt.
- Special Promotions:
13.1 For any special sales promotion, see specific terms and conditions applicable to the promotion.
- Applicable Law
14.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
- Restrictions on Sales
15.1 Alcohol & Tobacco products: Alcohol and tobacco products are not sold to persons under the age of eighteen years.
15.2 DVD’s and Videos: The onus is on the purchaser to ensure that age restrictions on above products are observed. Most of the DVDs available for purchase on Airvolution are encoded for use in region 2 or are encoded for multiple zones. DVD’s encoded for other zones will be indicated as such. Please note that it is your responsibility to ensure that you purchase DVD’s of the correct zone.
- Personal Data
16.1 Airvolution 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.
16.2 Airvolution will store the data provided by buyers in a data file. Such data will be used to execute buyers’ orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the buyer’s privacy.
- Changes To Agreement
17.1 Airvolution may, at its sole discretion, change this agreement or any part thereof at any time without notice.
- Intellectual Property Rights
18.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Airvolution and as such are protected from infringement by local and international legislation and treaties.
19.1 Airvolution 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. Olympus, Pretoria, 0082, South Africa.