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Compliance with statutory consumer protection provisions

 COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS

 

Yellow Metal SA (Pty) Ltd adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 ("the Act"). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the Yellow Metal SA (Pty) Ltd website, as well as the information required in terms of the Act, are provided for your reference.

 

Return of products or cancellation of service agreements

 

Yellow Metal SA (Pty) Ltd shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services. Exclusions from return of products or cancellation of service agreements

 

The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:

 

  • any products and services are acquired by auction;
  • to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
  • where the price of the products or services depends on fluctuation in financial markets beyond the control of YYellow Metal SA (Pty) Ltd;
  • where the products are personalised or made to the customer’s specifications;
  • where the products by reason of their nature cannot be returned;
  • if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
  • the sale of reading material in whatever form.

 

Customers obligations on return of products and services

 

If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to Equipment & Components or it's authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by Yellow Metal SA (Pty) Ltd or its agents, to the customer as well as a written indication of the customers choice to cancel the transaction.

 

The customer shall refund to Yellow Metal SA (Pty) Ltd all direct expenses incurred by Yellow Metal SA (Pty) Ltd or it's authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by Yellow Metal SA (Pty) Ltd or it's authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.

 

Yellow Metal SA (Pty) Ltd obligations on return of the products and services

 

Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services Yellow Metal SA (Pty) Ltd or it's authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to Yellow Metal SA (Pty) Ltd as provided for above.

 

Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.

 

Full name and legal status of website owner: Yellow Metal SA (Pty) Ltd is the trading name and is wholly owned by Yellow Metal SA (Pty) Ltd a company duly incorporated in terms of the company laws of South Africa.

 

Self regulatory or accreditation body: none.

 

Address for service of all legal documents: same

 

Description of Services: Yellow Metal SA (Pty) provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the Yellow Metal SA (Pty) Ltd website.

 

Price of goods: Prices are displayed in the website and are subject to Yellow Metal SA (Pty) Ltd rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the Yellow Metal SA (Pty) Ltd website are inclusive of Value Added Tax.

 

Payment:Payment terms and manner of payment are stipulated in the clause dealing with payment above.

 

Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the Yellow Metal SA (Pty) Ltd website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.

 

Delivery of products or services: The anticipated time of delivery of any products or services, purchase using the Yellow Metal SA (Pty) Ltd website shall be indicated at the time that any order is accepted by Yellow Metal SA (Pty) Ltd

 

Transaction records and history: A full record of transactions effected using Yellow Metal SA (Pty) Ltd shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by Yellow Metal SA (Pty) Ltd or it's agents.

 

Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.

 

Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.

 

Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the Yellow Metal SA (Pty) Ltd website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination.