Terms of Sale

  • PILOT TOOLS (Pty) Limited

    Reg: 1939/013093/07

     

    Please read the following Terms of Sale Agreement (“Agreement”) carefully before utilising the Pilot Tools e-commerce platform (“the Platform”).  All Orders are subject to the Terms appearing here placed through the Website shop-pilot.co.  Use of the Platform indicates that You (“the User”) have understood and agree to be bound by the terms and conditions of this Agreement. Pilot Tools’ Privacy Policy is incorporated by reference into this Agreement and is subject to this Agreement. Pilot Tools may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to the Platform shall be governed by such amended terms and conditions.

    If You do not agree to the terms of this Agreement, please do not use the Platform. If You wish to register as a User to make use of the Platform, You must read these Terms and indicate Your acceptance during the registration process. Note, however, that these Terms apply to Your access to and use of the Platform once You register an account as a User.

    This Agreement was last revised 14-03-2016. You are advised to regularly check the Website  www.shop-pilot.co for any amendments or updates.

    Enquiries: ­­­­­­­­­­­­ You may contact us via the Contact Us link in the footer section on our Website and follow the Topic: Legal policies, Sub-topic: Terms of Sale.

     

    1. Definitions

     

    In this Agreement the following definitions apply:

    1. “Delivery” shall mean the conveyance of the Goods from the warehouse of Pilot Tools to the party in-country receiving the Goods or the delivery address specified by the User;
    2.  “Goods” shall mean the products sold by Pilot Tools to the User;
    3. “Order” shall mean a request for a specified quantity of a single product or a variety of products as indicated by the User’s cart at the check-out point on the Platform and payment has been effected by the User for the Goods;  
    4. “Payment” shall mean an approval from the payment gateway indicating a successful transfer of funds.
    5. The “Platform” shall mean the e-commerce Platform that provides a view of all products manufactured and sold by Pilot Tools with information about each product with regard to description, size and price.
    6. “User/s” shall mean individuals, businesses, charities, associations and other legal entities who register a new account on the Platform and wish to purchase products manufactured by Pilot Tools for personal, commercial or business purposes, for themselves or on behalf of another party.
    7. “Voucher” shall mean a certificate provided by Pilot Tools that entitles the User to special consideration such as special discounts to trade shows or other benefits, and is redeemable against the purchase of Goods.

     

    2. Registration and Creation of an Account

     

    1. In order to register on the Platform, You confirm that You are a natural person over the age of 18 or have the relevant consent from a parent or guardian (a “Competent Person”) and You duly warrant that such consent has been obtained.
    2. If You are a person duly authorised to represent and register any business, charity, association and other legal entity (“Organisation”), You hereby warrant that You are duly authorised to act on behalf of the relevant Organisation and to register the account in the name of the entity.
    3. Pilot Tools is entitled to call upon You to provide documentary evidence, and/or any other information reasonably required to confirm Your legal standing either as a natural person, parent or legal guardian or as a representative of an Organisation.
    4. Where registration and creation of an account is undertaken by You for an Organisation, You personally hereby indemnify and hold Pilot Tools harmless against any and all liabilities, losses, fines, damages, expenses and legal costs  (‘claims”) incurred (whether directly or indirectly), in the following instances:
      1. from any cause whatsoever, including without limitation any claims arising out of or in relation to the provision of any services or information by Pilot Tools to such registered User or any third party; or
      2. the use of the Platform by such registered User; or
      3. any claim against Pilot Tools of any nature by the Organisation registered by such person without the relevant authorisation.
    5. Registration and creation of an account requires completion of an online form including the submission of a valid email address. Pilot Tools shall utilise valid email addresses provided by You. In the event that You wish to change any email addresses, You can log into your account and change the email address under Your account settings .
    6. You are responsible for providing information in the online form that is true, accurate, current and complete at all times. Information found to be false and misleading may result in the suspending or termination of the account and a refusal for all current and future use of the Platform.
    7. By registering on the Platform, You agree to the following:
      1. that You will not  select or use a name or e-mail address of another person with the intent to impersonate that person;
      2. use a user name or e-mail address subject to the rights of any person without authorisation;
      3. use a name in violation of the intellectual property rights of any person; or
    8. use a name that Pilot Tools, in its sole discretion, deems inappropriate or offensive.
    9. Upon registration of an account, You shall select Your password. You undertake not to disclose Your logon credentials to any third party so as to ensure the security of the account. Security of the account is Your responsibility and Pilot Tools disclaims all liability with regard thereto. You are responsible for all activities (whether by You or by others) that occur under the account. Pilot Tools may require You to change the logon credentials at various times and You agree that You will comply with such requests. You will notify Pilot Tools immediately of any unauthorised use of the account or any other breach of security. Pilot Tools assumes no liability for any loss or damage arising from any unauthorised use of Your password or account by a third party.
    10. In the event of the security of an account being compromised, Pilot Tools reserves the right to suspend the processing of any communications and will immediately deactivate the User’s logon credentials. You shall refrain from using the Platform until communications are received from Pilot Tools.
    11.  You hereby indemnify and hold Pilot Tools, its directors, employees, agents and representatives, harmless for any and all losses, damages and expenses arising from Your failure to ensure the security of the account, including all legal fees, on an attorney-client scale.
    12.  You agree that You shall refrain from registering and creating accounts using “bots” or other automated means.
    13.  Technical support regarding the use of the Platform is only available to registered members and is accessible via the Contact Us link in the footer section of the Website, Topic: Legal policies, Sub-topic: Terms of Sale.

     

    3. Permitted Use of the Website

     

    1. This Website is meant to advertise the products that Pilot Tools manufactures, facilitate sales of such products and the Delivery to the relevant User or in-country party, from Pilot Tools.
    2. Pilot Tools reserves the right to change or update the products offered on the Website, without prior notice.
    3. Pilot Tools strives to ensure that the images on the Website closely resemble the products for sale. However, product colours may differ from the actual ones, depending on the display settings used by the User. Pilot Tools is not responsible for such differences in graphical representation.

     

    4. Applicable Restrictions

     

    1. Access to and use of the Platform is governed by these Terms.  You may not use the Platform for any purpose that is unlawful or prohibited by these Terms, any applicable additional or amended Terms, or any other conditions or notices that are made available on the Platform. Unauthorised use of this Platform may result in Pilot Tools instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.
    2. By using or accessing the Platform, You undertake to refrain from the following conduct:
      1. transmitting any worms, viruses, trojan horses,, time bombs, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Platform and/or the services, including by using any software, routine or device that will or may interfere with the tools, services and/or Website, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature.
      2. intercepting any data or personal information of any User or third party transmitted on or via the Platform.
      3. uploading, posting, hosting, or transmitting unsolicited email, SMSs, or ‘spam’ messages.
      4. performing any action that may disable, override or impair the efficient and/or proper operation or working of the Platform and/or the Website.
      5. posting content, taking or mobilising action using the Platform in a way that infringes or violates any person’s rights or the laws of any jurisdiction.
      6. utilising the Platform for any illegal or unauthorised purposes.
      7. violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
    3. Any act or omission which results in a failure to abide by the restrictions set out, as determined by Pilot Tools in its sole discretion, will result in immediate termination of the account.
    4. Pilot Tools is not liable to You nor any third party for any breach of Your obligations under these Terms and for any consequences arising as a result of such breach, including any loss or damages which You or any third party may suffer.
    5. Unauthorised use of the Platform includes engaging personally or permitting a third party to engage in the following activities:
      1. copying, adapting, modifying, publishing, republishing, distributing or redistributing this Platform or the material on the Platform without Pilot Tools’ prior written consent;
      2. using any automated data collection, data mining or data gathering methods of any kind in relation to the Platform;
      3. reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Platform;
      4. making and distributing copies of the Platform or allowing such activity by third parties on Your behalf; and
      5. creating derivative works of the Platform of any kind.

     

    5. Pricing

     

    1. All prices reflected on the Platform are subject to change without notice.  The product price charged to the User is the one shown on the Website at the time of placing the Order.
    2. Prices and offers shown on the Website are valid according to the products’ availability. In the event that an ordered product is unavailable, it will reflect as such on the Website. The User can request to be notified once the product is available. The User is referred to the Help Centre for further information regarding the notification procedure.
    3. All products are individually priced unless otherwise indicated.
    4. Price reductions and promotions are indicated by banners.
    5. Pilot Tools is not liable for any typographical error on pricing that may occur and can void an Order at its discretion.
    6. All prices are expressed exclusive of any VAT payable unless otherwise stated or displayed. The User can add their VAT or Tax number at the check-out point to facilitate tax claims.

     

    6. Payment

     

    1. Any of the following cards may be used to pay for Your purchases: VISA; MasterCard; or debit card.
    2. Any personal information furnished to Pilot Tools will be retained in accordance with Pilot Tools’ Privacy Policy. Your credit card details are encrypted and transmitted to our secure payment gateway which is provided by CyberSource.
    3. You hereby authorise Pilot Tools to debit the full amount payable for the Goods purchased against the payment type chosen and supplied by You when completing the Order.
    4. By submitting Your credit cards details, You hereby warrant that You are authorised to make payment with the card and that there are sufficient funds to pay for the Order placed. In the event that the payment card has expired, or there are insufficient funds, Pilot Tools will be unable to take payment and fulfill Your Order.
    5.  In the event that You return any Goods and Pilot Tools determines that You are due a refund, a credit shall be levied on Your account equal to the purchase price of the returned Goods. For Your next purchase, You authorise Pilot Tools to off-set the credit against the full amount due to Pilot Tools and You will be liable for the balance of the amount.
    6. Any Voucher received from Pilot Tools may be used against the amount due for Goods purchased during check out.

     

    7. Orders
    1. Upon payment at check-out, Your Order is created.
    2. Once the User has submitted the Order, the User will receive an Order confirmation email.
    3. The Order confirmation email will show a summary of the essential elements of the Order: Delivery address, details of the products ordered (description and quantity), price details.

     

    8. Product Warranty
    1. Unless otherwise restricted by mandatory applicable law, the warranties set out are in lieu of all other warranties, whether expressed or implied. Any and all warranties of merchantability, fitness of purpose and use are expressly denied, excluded and disclaimed.
    2. Any condition, warranty, statement or undertaking as to the quality of the goods or their fitness or suitability for any purpose however or whenever expressed or which may be implied by statute, custom of the trade or otherwise is hereby expressly excluded.

     

    9. Shipment and Delivery

     

    1.  Upon placing the Order, You can track Your Order from placement to shipment using the Website.
    2.  Pilot Tools provides free worldwide express shipping. The User is referred to the worldwide shipping table in the Help Centre for minimum Order values to meet the free shipping criteria and for Delivery times to the various countries.
    3. Once the Goods have been shipped, a confirmation email will be sent to You with a tracking number which can be used with the courier company to track Your Order and can be used online to track the shipment.
    4. Delivery times are an estimation and Pilot Tools disclaims any liability if deliveries are late.
    5.  Goods are delivered to the shipping address stated on the Order as customs require that the Goods must be delivered to the country listed on the invoice.  
    6. The User is referred to the Help Centre for further information relating to Order tracking and shipping.

     

    10. Cancellation

     

    1. An order can be cancelled if it has not entered the shipping stage. You may contact us via the Email Us link in the footer section on our Website and follow the Topic: Orders, Sub-topic: Cancel my order.
    2. Most Orders enter the shipping stage within 1 (one) hour of You placing the Order. Orders cannot be cancelled at this stage.
    3. For all cancelled Orders we pass a credit onto Your account.
    4. Please note that the shipping address cannot be changed after the Order is placed, as all Orders are shipped within 4 (four) hours.

     

    11. Insurance

     

    1.  Pilot Tools insures all shipments to the destination country at no additional cost to the User.
    2.  In the event that the User does not receive the shipment or the Goods arrive damaged, the User is referred to the Help Centre in order to comply with the insurance procedure and for further information about the insurance requirements.

     

    12. Taxes

     

    1.  All Orders are shipped to the country selected by the User.
    2.  The User or party who receives the shipment in-country is therefore liable for import taxes, customs duties and customs charges as all Orders are shipped with delivered duties unpaid in terms of the International Commercial Terms that apply to the sale.
    3. The Platform at check-out reflects an estimate of duties that may be incurred but it is just an estimate and Pilot Tools is not liable if the actual duty charges differ.

     

    13. Delays

     

    1.  Pilot Tools shall not be liable for any delays due to fires, strikes, war, civil commotion, epidemic, floods, accidents, demands or requirements of governments or to other causes beyond the reasonable control of Pilot Tools.
    2.  Notwithstanding such causes of delay, if the manufacture of products is prevented or hindered at the end of a reasonable period, Pilot Tools may terminate any deliveries not made by giving the User notice and Pilot Tools shall have no liability whatsoever to the User regarding the deliveries not made.
    3.  A delay in Delivery, including Delivery later than the time periods provided in the worldwide shipping table shall not constitute a breach of contract and shall not entitle the User to void the sale.

     

    14. Retention of Title

     

    Subject to any International Commercial Terms expressly incorporated into these Terms, risk in the Goods shall pass to the User or the party receiving the Goods in-country when the Goods are delivered. Until then, ownership of the Goods is retained by Pilot Tools.

     

    15. Protection of Personal Information  

     

    Any personal information supplied to Pilot Tools in relation to the provision of the service will be dealt with in accordance with Pilot Tools’ Privacy Policy, the Terms set out herein and South African legislation as it may apply. The collection, use, storage and disclosure of Your personal information is described in our Privacy Policy.

     

    16. Intellectual Property

     

    1.  This Platform and all the materials contained (including but not limited to: computer or software code, scripts, design elements, images, text, drawings, interactive features, animation, photos, video, graphics, music, sound and voice), are the property of Pilot Tools and/or the property of our affiliates or licensors or various third parties, and are protected by intellectual property laws in South Africa. Ownership of all such intellectual property remains with Pilot Tools. There is no transfer of intellectual property and You are not authorised to use any such intellectual property without prior written consent from Pilot Tools. Users may only use this Platform and the materials on it as authorised by Pilot Tools.
    2.  Pilot Tools reserves the right, at any time and without notice, to suspend, cancel, or terminate Your right to use the Platform (or any portion of the Platform) for violation (whether repeated or not) of intellectual property rights belonging to Pilot Tools.
    3.  Any unauthorised modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by e-mail or other electronic means) any material from the Platform, without prior written consent from the owner of the materials, constitutes a breach of intellectual property. 
    4. The User indemnifies and holds Pilot Tools harmless for any and all intellectual property infringements claims that may arise for any activity that occurs under the User’s account. Users will be solely responsible for any and all damages resulting from any infringements of copyrights, proprietary rights or any other harm.

     

    17. Limitation of Liability Disclaimer

     

    1. WHEN PERMITTED BY LAW, PILOT TOOLS, AND PILOT TOOLS’ SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
    2.  You agree to defend, indemnify and hold Pilot Tools, its officers, directors, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; and any reasonable legal fees, resulting from:
      1. ​misuse of  the Platform,  and/or
      2. Violation of any of the Terms;
    3. ​If You are dissatisfied with any portion of this site, Your sole and exclusive remedy is to discontinue use of the site.

    ​

    18. No Warranties for Use of the Platform

     

    1. You expressly agree that use of the Platform is at Your sole risk. You understand and agree that any material and/or information uploaded or downloaded or otherwise obtained, through the use of the Platform, is done at Your own risk and discretion. You will be solely responsible for any damage to Your computer services or loss of data that results from the download of information.
    2.  Pilot Tools makes no warranty that the Platform will meet Your requirements or that the Website will be available and uninterrupted. Pilot Tools does not make any warranties as to the results that may be obtained from the use of the Platform or to the accuracy of the information and the reliability of the information obtained through the Platform. Pilot Tools does not warrant that defects on the Platform will be corrected.
    3. The Platform is provided on an "as is" and "as available" basis. Pilot Tools disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.
    4.  The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the Platform rests with You. No advice or information, whether oral or written, obtained by You from Pilot Tools or through the services shall create any warranty not expressly made herein.

     

    19. Links to Other Websites

     

    1. Our provision of a link to any other website or location is for Your convenience and does not signify our endorsement of such other site or location or its contents. You agree that Pilot Tools shall have no control over such website/s, does not review, and cannot be responsible for, these outside sites or their content. You agree that Pilot Tools shall have no responsibility or bear no liability in relation to the content of the linked website/s. We encourage You to review the terms of use and privacy policies for any such third party links You visit on the those websites. You may not create a link to the Platform from another website without Pilot Tools’s prior written consent.
    2. Pilot Tools will not be liable for any information, software, or links found at any other website, internet location, or source of information, or for Your use of such information.

     

    20. Domicilium, Jurisdiction and Arbitration                   

     

    1.  The Platform is controlled and operated from the Republic of South Africa and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.
    2. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
    3.  Without any restriction on the User/s rights to pursue legal recourse in the forum of the User/s choice, the User/s agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Johannesburg.
    4.  Pilot Tools confirms the domicilium citandi et executandi for all purposes associated with the Platform, transactions pertaining to the Platform, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
      Pilot Tools (Pty) Limited
      49 Chrystal Street
      Denver
      ​Johannesburg
    5. Pilot Tools does not receive legal notice or accept the serving of documents attached to legal processes on Pilot Tools by electronic mail.

     

    21. Severability

     

    This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

     

    22. Information and Website Compliance

     

    The following table contains further information on Pilot Tools and represents the information that must be provided by Pilot Tools to You in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002. You are advised to regularly check this section of the Legal Notice for any amendments or updates.

    • Full name: Pilot Tools (Pty) Ltd
    • Legal status: Private company
    • Registration details: 1939/013093/07
    • Directors: Nigel Morrison, James Morrison, Duncan Morrison, Colin Morrison
    • ​Physical address: 49 Chrystal Street, Denver, JHB, 2094, South Africa
    • ​Postal address: P O Box 27420 Benrose 2011, South Africa
    • ​Physical address for receipt of legal documents: 49 Chrystal Street, Denver, JHB, 2094, South Africa
    • Telephone number: + 27 11 607 1800
    • Email address: EmailUs
    • Website address: www.shop-pilot.co
    • Membership to self-regulatory and/or accreditation bodies: Not applicable
    • Description of products and services offered: A Platform that allows for the advertising of manufactured cutting tools, the sale of such products and the facilitation of the delivery of the products by shipping.
    • Codes of Conduct applicable to Pilot Tools: Not applicable.
    • Terms of Agreement: Can be accessed from the website www.shop-pilot.co
    • Privacy policy: Can be found on the Website www.shop-pilot.co