TERMS AND CONDITIONS OF AGREEMENT WITH SK IMPORTS CC (REG NO. K2017442074 )

“The supplier” means SK IMPORTS CC (REG NO.K2017442074).  

“The consumer” means the signatory of this agreement, alternatively the online purchaser of the goods as concluded by the consumer on the supplier’s online store.   

  1. The consumer hereby confirms and agrees that the terms and conditions herein represent the entire trading terms and conditions of the supplier, entered into by and between the supplier and the consumer.

  2. The consumer hereby acknowledges that he/she has read and understood the terms and conditions herein, and accepts them as valid and binding, and accepts that the content hereof reflects the true meaning of both parties and this agreement has been entered into for the benefit of both the consumer and the supplier.   It is hereby agreed between the parties hereto that any part, provision, clause, representation or warranty of this agreement which is prohibited, or which is held to be void or unenforceable in law, shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.   

  3. The consumer hereby acknowledges and accepts that he/she has been informed that the supplier is a supplier of outdoor leisure products for children and teens, intended for recreational and leisure purposes only by consumers of up to the specified age.   The consumer accepts that the goods sold by the supplier are not intended for professional use, heavy duty use and operation, or use and operation in heavy terrain or off road areas.   The consumer has been advised and acknowledges and understands that all goods have a “run in period”, during which time the goods may experience minor issues requiring adjustment and occasionally replacement of minor parts.   This does not mean or imply that the goods are defective as contemplated in clause 6 (inclusive) below.   The consumer undertakes to communicate any such issues to the supplier within 10 (ten) business days of delivery of the goods, and the supplier shall have a further period of 10 (ten) days within which to assist the consumer in adjusting the parts, alternatively replace the parts.

  4. The supplier recommends that the consumer select the additional assembling and product testing option offered by the Consumer at an additional charge.   It is expressly agreed and understood that where the consumer elects not to use the supplier’s assembling and product testing service, that the consumer may experience minor issues requiring adjustment and occasionally replacement of minor parts.   The supplier recommends that consumers who elect not to use the supplier’s assembling and product testing service, have the goods assembled by a professional person if he/she does not know how to do so.   The supplier shall not be liable for repairs of goods if assembled incorrectly. 
     
  5. Consumer’s Right To Cooling-Off Period
    1. It is recorded by the parties that the consumer’s purchase of the goods did not result from any direct marketing by the supplier.
    2. Notwithstanding this, the supplier offers a 5 (five) business day cooling off period, from the date of delivery of the goods to the consumer, during which time the consumer shall be entitled to cancel this agreement and return the goods to the supplier, by notice in writing to the supplier at info@skimports.co.za to this effect, subject to the following:
      1. The goods shall be returned by the consumer to the supplier, as the consumers own expense;
      2. The goods shall be in its original packaging and condition received;
      3. The supplier shall refund the consumer the full purchase price, less any costs associated with the return thereof, within 5 (five) business days of return, subject to the provisions of 5.2.1 and 5.2.2 being satisfied.
    3. Where the consumer returns the goods to the supplier as contemplated in this clause 5 (inclusive), and such goods are determined by the supplier to have:
      1. In in any manner been damaged by any conduct or action by the consumer amounting to gross negligence or recklessness, malicious behaviour or criminal conduct, the consumer shall not be entitled to a refund for the returned goods;
      2. Been partially or entirely assembled, disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within other goods or property, damaged, abused or suffered liquid damage and/or have not been fuelled properly, or by any conduct or action by the consumer, including, inter alia, not using the goods for the intended solely recreational purpose, the consumer shall not be entitled to a refund of for the returned goods.
    4. The consumer accepts and understand that where an assembled bike is purchased, the goods cannot be refunded in full as contemplated in this clause 5 (inclusive), as the goods are deemed “used second hand goods”.   In this instance, the supplier shall offer the consumer a 75% refund, subject to the goods being returned within 5 (five) business days, and subject to the provisions of this clause 5 (inclusive).
       
  6. Defective Goods
    1. The consumer may return the goods to the supplier, and receive a full refund of any consideration paid for those goods, if:
      1. the supplier has delivered goods to the consumer that are not reasonably suitable for the purposes for which they are generally intended as agreed upon in clause 3 above; or
      2. The goods are not of good quality, are not in good working order and are not free of any defects; or
      3. The consumer experiences a product failure or defect in the goods before taking delivery of the goods.   A product failure or defect may not be inferred in respect of particular goods solely on the grounds that better goods have subsequently become available from the same or any other producer or supplier; and
      4. The consumer has communicated to the supplier, in writing and within 10 (ten) business days after delivery to the consumer, that the goods are “defective” as contemplated in clause 6.1.1 to 6.1.3 (inclusive) above.
    2. In the event of the consumer returning the goods as contemplated in this clause, the supplier shall inspect the goods and render a finding as to whether or not the goods are defective as contemplated herein.   Where defects are confirmed, the supplier shall refund the consumer the full purchase price within 10 (ten) business days of return of the goods to the supplier.   Where the goods are found to have been damaged and/or altered as contemplated in clause 5.3 (inclusive) above, alternatively, if the goods are found to have been incorrectly assembled as contemplated in clause 4 above, then the provisions these clauses 5 and 4, respectively, shall apply.  Where the supplier establishes that the goods were not defective, but merely incorrectly assembled, by the consumer, the consumer shall be liable for the costs associated with delivery and return of the goods.
       
  7. Liability For Goods
    1. The goods to be delivered remain at the supplier’s risk until the consumer has received delivery of them.
    2. Once the goods have been delivered the consumer, all risk therein shall immediately pass to the consumer.
    3. Where the consumer has selected to courier transport the goods to his/her destination, and where add on insurance has been selected, the goods are deemed delivered to the consumer once the courier company confirms delivery to the consumer.   
    4. Where the consumer has selected to courier transport the goods to his/her destination, and where add on insurance has not been selected, the goods are deemed delivered to the consumer once the courier company collects the goods from the supplier’s premises.
       
  8. Warranty Of Quality
    1. The supplier hereby warrants that the goods are of sound quality, standard and in good working order, except to the extent that the goods have been altered or damaged as contemplated in 5.3 (inclusive) above, alternatively incorrectly assembled as contemplated in clause 4 above.
    2. The supplier offers no warranty on wear and tear parts. Wear and tear parts include, inter alia, all moving parts, such as Carburettors, Clutches, Coils, Cables, Brakes, Pistons and Throttles, in respect of which the supplier reserves the right, at its discretion, to repair or replace such parts.
    3. The consumer acknowledges that all warranties on the goods shall be voided in the event of the consumer damaging and/or altering the goods as contemplated in clause 5.3 above.
    4. The supplier offers a 30 (thirty) day carry in warranty on goods, excluding wear and tear parts (as per 8.2 above) and subject to clause 5.3 (inclusive) above.
    5. Where consumers utilise a courier service for the delivery of the goods, the supplier recommends that add on insurance is selected.   The supplier shall not be liable for any loss or damages to the goods during transit, where consumers do not elect to add insurance for the goods transported per courier.
       
  9. Online Orders
    1. All purchases placed via the suppliers website, by clicking “BUY NOW”, hereby accepts the terms and conditions of the supplier as contemplated herein.
    2. The consumer accepts and acknowledges that these terms and conditions have been published on the suppliers online website, and as such, are deemed understood, accepted valid, binding and enforceable.
    3. Consumers requesting to pay, shall make payment of all monies due for the purchase of the goods within 48 hours of clicking “BUY NOW”, failing which the order shall lapse and be deemed cancelled.