On the one hand, the supplier of the products, Timobiz (Pty) Ltd t/a My Padel Shop (hereinafter, “MyPadelShop”), and registered address at 12 Beau Monte Estate, Sibelius Street, Walmer Heights, Port Elizabeth, South Africa, telephone number +27 76 564 6997 and e-mail address info@mypadelshop.co.za (hereinafter also the provider), being the owner of the website www.mypadelshop.co.za, sets out the contractual document that will govern the contracting of products through the aforementioned website.
On the other hand, the User – Client (hereinafter the User), registered on the website through a username and password, for which the User has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the provider.
AGREE to the present document, and entails that the user:
This document may be printed and stored by Users. The provider makes available to them the e-mail address info@mypadelshop.co.za so that they can ask any questions about these conditions.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the provider’s website.
The Provider reserves the right to unilaterally modify these General Terms and Conditions, without affecting the goods or promotions that were purchased prior to the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.
It is advisable to keep a copy of the data contained in the products purchased. MyPadelShop is not responsible for any loss of data, files or any damage resulting from a failure to back up the data by the data holder.
The Provider shall not be liable for any consequences that may result from the improper use of the products on sale on the website.
The civil responsibility of MyPadelShop for the products supplied is limited to the amount of the same, the user waives any liability to the provider for any concept in any case of dissatisfaction with the products purchased on the website www.mypadelshop.co.za, as well as possible failures, slow access or errors in accessing the web, including loss of data or other information that may exist in the computer or network of the user accessing the web.
2.1 Scope of application: The purpose of this contract is to regulate the contractual purchase-sale relationship that arises between the provider and the user when the user accepts these conditions of purchase during the online contracting process by checking the corresponding box. These general conditions shall apply from the day on which the order is placed. The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.
2.2 Territory of application: The online shop at www.mypadelshop.co.za is active worldwide.
2.3 Capacity to contract: In order to be able to place an order you must be of legal age and have the capacity to contract.
2.4 Customer acceptance: The validation of an order via the website is carried out by e-mail and also implies automatic acceptance of the general conditions. These conditions are available on the website www.mypadelshop.co.za or, if you wish and request them, we can make them available to you by e-mail.
All prices shown on the MyPadelShop website, at www.mypadelshop.co.za include VAT in accordance with current legislation, where applicable. If the order is to be shipped to a delivery address outside of South Africa, please note that VAT will/may be deducted at the time of purchase, or before, depending on the country to which the product is to be delivered. Please note: if the order is to be shipped to a delivery address outside of South Africa, it may be subject to import duties and taxes which must be paid when the shipment arrives at the delivery address. The CUSTOMER shall be responsible for the payment of these amounts corresponding to import duties and taxes. It should be noted that MyPadelShop has no control over these surcharges. MyPadelShop recommends that you obtain further information from the Customs Service.
Prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or any third party for any modification of price change. The price change will not affect orders previously placed.
MyPadelShop has the right to change prices and correct incorrect prices on all orders as well as on final sales. If a price is incorrect, this may oblige MyPadelShop to cancel the purchase and refund the amount paid in the best way. This operation can be carried out at any time. Orders placed in the name of another person without their consent will be reported to the competent authorities.
The placing of the order may be subject to identification and registration on the website by means of name and users.
For all purchases using this website, the contracting procedure will follow the following steps:
The provider’s contracting platform will inform the user, once the contracting procedure has been completed, via email regarding all the characteristics, price, forms of transport, contracting date and estimated delivery of the purchased product. Please check the spam and junk mail controls in your email inbox and always verify that the delivery and personal details are correct.
If there is any type of error in the address indicated or in any other part of the order, you must notify us immediately at the e-mail address that will appear on the website in order to correct the error.
If you have any questions you can contact our customer service through any of the methods provided on the website. MyPadelShop will provide Customer Service for FREE through our contact email info@mypadelshop.co.za . If you choose another alternative means of communication you will have to pay the particular cost of the same. If MyPadelShop provides you with telephone numbers in South Africa, it is subject to the cost of your telephone operator.
In accordance with the provisions of the South African Consumer laws, you may return purchased products within 14 days of delivery of your purchase. The products must be returned undamaged and properly packaged in their original packaging together with the warranty. In this case, the customer will be responsible for the return shipping costs.
Send us an email to info@mypadelshop.co.za and we will provide you with instructions on how to return the product. If not, you can contact the company by phone/whatsapp at +27765646997.
This right applies only in the event that the product and its original packaging can be returned in the same condition as when it was received. If consumers use their right to return an order, they must contact MyPadelShop in order to obtain a return address. If an item is damaged in transit, MyPadelShop should be contacted within 2 (two) days for information about compensation.
You must return the product with all the elements with which it was delivered, without damage or marks of wear of any kind, and that does not denote an inappropriate use of the goods or different from the nature of the same to the address we have provided you with.
Please note that repairs/replacements will be charged in the following cases, even during the warranty period:
This warranty assures you that you may receive a replacement free of charge in accordance with the terms set forth herein and within the stated term, and shall not restrict any legal rights of the customer.
Once we have received your order, we will send a confirmation to your email address. It is therefore important that you enter your correct and real email address when placing your order. Please keep this email so that you can contact customer service if you need to. The order confirmation (receipt) also serves as a proof of purchase guarantee.
Orders placed in our e-shop can be paid for using:
If you wish to use the bank transfer payment method, please contact our Customer Service at info@mypadelshop.co.za or by calling +27765646997.
We guarantee high standards of payment security; your personal data will be protected from unauthorised access.
When you make a purchase, MyPadelShop will save part of your data to complete your purchase. MyPadelShop treats all personal information confidentially. You have the right to request access to your data and if it contains errors you can make the necessary changes or delete it. MyPadelShop may also use cookies to, for example, improve your experience on the website. You can find out more about how MyPadelShop uses your personal data in the privacy policy that governs the website.
MyPAdelShop reserves the right to adjust prices, add additional costs and change product information, such as product images and offers, without prior notice. The available product images and information texts reflect the product as far as reasonably possible. We reserve the right to errors that may appear on the site and cannot guarantee that all images accurately reflect the actual appearance of the products. Images may vary depending on the colour settings of your computer. All images should be considered illustrations only and do not constitute a guarantee of appearance or features.
The products offered on the website correspond to sports equipment and different products may be offered in the future.
10.1 Warranty: All products, including sports equipment, footwear and sports clothing, has a warranty where such warranty is governed by the period set by the manufacturer of such object, and it is not MyPadelShop who sets the warranty periods. In case of doubt you can contact MyPadelShop via email or WhatsApp as indicated herein above. In the event that any warranty establishes that the product must be sent to the manufacturer to manage the warranty, the MyPadelShop team will tell you how to proceed via email or WhatsApp.
10.2 Defective products: In the event of a defective product, MyPadelShop shall proceed with the repair, replacement, price reduction or termination of the contract (as appropriate), which shall be free of charge for the user. MyPadelShop shall be liable for any lack of conformity that becomes apparent within a fixed period of time after delivery, provided that the cistomer informs MyPadelShop of the lack of conformity within two days of becoming aware of it. As for the return due to an error in the order by MyPadelShop, when the product does not correspond to the one ordered, due to an error attributable to MyPadelShop, the user must inform the company by e-mail as soon as possible; MyPadelShop will bear the cost of collecting the product sent in error and delivering the product corresponding to the one ordered.
10.3 Cases of cancellation of the guarantee/warranty: The guarantee/warranty does not apply in the following cases:
10.4 Replacement of an irreparable product: In the event that the product is considered irreparable, cannot be repaired or the cost of repair is disproportionate to its value, it will be replaced by another product exactly the same. If the latter is not possible, we will offer you a product with identical characteristics. The replacement of your product will terminate your purchase contract and warranty extensions if any, as your new product will benefit from a new contract as it is a new purchase.
10.5 Guarantee periods: The periods distinguished in the current legislation for general products are:
No more than two days should elapse between the customer experiencing a problem with their product and notifying MyPadelShop, otherwise the product loses its warranty.
MyPadelShop delivers primarily, nationally in South Africa and worldwide, where necessary. Deliveries are made in collaboration with different delivery companies. The delivery time will depend on the company responsible for making the delivery, when choosing the company the corresponding purchase period will appear, depending on the delivery company, this may be subject to an additional cost. For national shipments the delivery time will be from 24 to 48 hours, worldwide shipments outside South Africa from 5 to 7 days. MyPadelShop is not liable if these deadlines are not met. They are approximate deadlines.
Delivery will be made to the address provided by the customer, in the event of not being able to contact the customer due to absence at the address, we will try again the next working day.
You have the right to cancel purchases and return the goods delivered by contacting the MyPadelShop customer service department by e-mail at the address mentioned at the top of these general terms and conditions, within a maximum period of 7 days from the date of receipt of the goods, provided that the goods have not been unpacked and are in the same condition in which you received them. However, the customer shall be responsible for the risk of transporting the returned goods to MyPadelShop.
In cases where the CUSTOMER believes that delivery is so delayed that the CUSTOMER no longer wishes to receive the order, it is the CUSTOMER’s responsibility to cancel the order. In cases where the order has been shipped, the customer is obliged to receive the order. The cancellation is not valid until the customer has confirmed it with MyPadelShop, either by email or WhatsApp. If a product has been discontinued, MyPadelShop has the right to cancel the purchase and refund the amount paid to the customer. MyPadelShop will notify the customer of any replacement or equivalent products if available.
There may be occasions when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, MyPadelShop staff will contact you to give you a choice between the following options:
If you decline our suggestions, the order relating to these products will be cancelled and any sums paid for them will be refunded to you.
It is important that the customer carefully checks the products upon receipt of the shipment in order to verify that the products are undamaged and correct. If your product is damaged in transit, whether it is visible or hidden damage, you should report this to the carrier as soon as possible. If you notice when you receive your item that it is damaged or does not match the one you ordered, you must also contact us within 7 days from the date of receipt of the product.
All complaints should be addressed to our customer service department via email to info@mypadelshop.co.za or via WhatsApp on +27765646997. Please provide us with your order number and the reason for your complaint and we will contact you as soon as possible. Do the same for returns. Defective products returned to MyPadelShop must be treated as if they were faultless. It is extremely important that in all returns the product is packaged in such a way that it cannot be damaged during transport.
MyPadelShop has the right to replace defective products with other products of the same model. If the item is discontinued, the customer will receive a refund of the full amount paid. In the event that the returned product is not found to be faulty or defective, MyPadelShop will resend the product to the customer.
The liability of MyPadelShop for delivery errors is limited to the conditions of sale in force. MyPadelShop assumes no direct or indirect liability, for example, but not limited to, incompatibility, delivery delays, downtime, loss of data, additional work or other economic damages.
MyPadelShop shall be exempt from liability for damages and other penalties if the performance of the contract is prevented, hindered or delayed by circumstances beyond our control. Releasing factors to be taken into account shall include government intervention, new/amended legislation, absence of state, war, fire, flood, labour unrest, bans, restrictions, sabotage, deficiencies in transport or weather conditions or non-delivery by suppliers, and the company’s exposure to criminal activity affecting its activities.
All intellectual property rights, such as trademarks and copyrights, appearing on the website and in published material are owned by MyPadelShop or its subsidiaries or licensors. Any use of the site or its content, including copying or storing such content, in whole or in part, for purposes other than personal, non-commercial use, is prohibited without the permission of MyPadelShop.
All fraud will be reported to the authorities and MyPadelShop reserves the right to cancel the purchase if there is any suspicion of fraud.
TERMINATION
MyPadelShop reserves the right to terminate your account and/or prohibit you from using its website www.mypadelshop.co.za at its sole discretion. This may occur if, for example, MyPadelShop suspects that you have breached these Terms of Use. Such termination may be effected without prior notice.
MyPadelShop may revise these Terms of Use from time to time. Whenever you place an order with us, you will be bound by the terms and conditions in effect at the time you enter into the contract between yourself and MyPadelShop. You should therefore periodically visit this page to review the current terms and conditions to which you are bound.
If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and the General Conditions shall remain in force in all other respects, and such provision or the part thereof that is affected shall be deemed not to have been included in these General Conditions.
These conditions shall be governed by or interpreted in accordance with South African law in all matters relevant to this General Conditions. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the domicile of MyPadelShop, being South Africa.
In the event that the user is domiciled outside South Africa, the provider and the user expressly waive any other forum, submitting themselves to the Courts and Tribunals of South Africa.