This website is owned and operated by ARB Electrical Wholesalers (Pty) Ltd.
General Terms and Conditions for the ARB website:
Your access to and use of the arb.co.za website is subject to the following Terms and Conditions. The products and services offered by or through the arb.co.za website and any sales concluded in respect thereof are also made available subject to the following Terms and Conditions.
Please read these Terms and Conditions carefully.
We reserve our right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms and Conditions or if we believe the information provided by you is untrue, inaccurate or incomplete.
This website allows you to browse, select and order products advertised on the site as long as such products are available and not sold out.
You may update, edit or terminate your account at any time through the site.
Any order placed through this site is an offer by you to purchase the particular product for the price notified (including the delivery and other charges) at the time you place the order. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site. You agree to provide us with current, complete and accurate details when asked to do so. We reserve the right to accept or reject your offer (in whole or in part) for any reason.
Upon acceptance by ARB of your offer, a binding contract of sale upon the terms set forth in these Terms and Conditions shall be deemed to be concluded in respect of the goods that ARB has agreed to supply to you. Each order that is accepted by ARB shall constitute a separate and distinct contract of sale in respect of the goods forming the subject of such order. If we reject an order (or part thereof) placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Products on the site cannot be reserved to be bought at a later stage, and placing an item in your “wishlist” or “basket” without completing the order does not amount to an order.
The invoice for your purchase will be emailed to you at the email address you provide to us, which you have authorised us to send our invoice to. A copy of this invoice will be included in your parcel.
We reserve the right to cancel or refuse to process any order made by you in the event of a breach of any of our Terms and Conditions, by giving written notice of our election to do so to you.
Passing of risk & Reservation of Ownership
Risk in the products will pass to you or your authorised representative on delivery to your nominated address. We will however retain ownership of the products until payment is received in full.
These Terms and Conditions are in no way intended to deprive you, if you are a “consumer” contemplated under the Electronic Communications and Transactions Act 25 of 2002 (ECTA) of your right to cancel an agreement for the supply of goods within seven days after the date of the receipt of the goods, subject to a handling fee / the reasonable cost of returning the goods, which will be off-set against the refunded purchase price. You are a consumer under ECTA if you are an individual who will use the goods you buy.
A full record of your transactions on our website will be available instantly on your account.
Availability of Products
Please note that all products displayed on our website are subject to availability. We will inform you as soon as possible if any products or services ordered by you are not available. For more information, see our Returns Policy which forms part of these Terms and Conditions.
We reserve the right to discontinue or change the specifications of our products from time to time without notice to you. However, the specifications of a particular product will not be changed after order confirmation and before delivery of that product to you.
All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
Prices advertised online are exclusive to the ARB Online Store and may differ at other ARB Branches. Prices may fluctuate due to page caches, updates or sales ending.
ARB accepts payments made by Visa and Mastercard credit cards only. When you order online, funds equal to the total value of your order will be reserved against the card you are paying with during the checkout process.
By submitting your order and payment card details you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
For our Payment Security Policy, click here.
ARB Electrical may without notice to you set-off any amounts owed to you by it against any liability or debt of yours owing to ARB arising from any cause whatsoever, whether or not such liability is liquidated or unliquidated, present or future, accrued or contingent.
For our delivery terms, click here.
Refunds, Returns and Exchanges
For our policy on refunds, returns and exchanges, click here.
Amendments to Terms And Conditions
We may periodically update or change our Terms and Conditions. It is your responsibility to check them from time to time as your continued use of our website means that you accept any updated or revised terms and conditions.
Copyright of ARB Content
All content included on this website, such as text, graphics, logos, button icons, images, maps, databases and software, is the property of the Proprietor or its content suppliers (or the copyright holder where we have obtained their permission to use their material) and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of the Proprietor and protected by South African and international copyright laws.
WITHOUT DEROGATING (TAKING AWAY) FROM THE ABOVE, WE AUTHORISE YOU TO VIEW, COPY, DOWNLOAD TO A LOCAL DRIVE, PRINT AND DISTRIBUTE THE CONTENT OF THIS WEBSITE, OR PARTS THEREOF, PROVIDED THAT:
NO OTHER LICENCE OR RIGHT IS GRANTED.
You are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another person.
Any reproduction of material from this website or portion of this website must include this entire clause “Copyright of ARB Electrical Wholesalers Content”.
LIABILITY DISCLAIMER AND LIMITATION OF LIABILITY
We do not display the products or information regarding them on this site in a manner which is misleading, fraudulent or deceptive in any way. We also provide rights of return of products in our Returns Policy.
HOWEVER, THE INFORMATION AND OTHER CONTENT PUBLISHED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS ARE PROVIDED ON AN “AS IS” BASIS. THE PROPRIETOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE INFORMATION AND OTHER CONTENT INCLUDED ON THIS SITE. WITHOUT LIMITING THE GENERALITY OF THIS DISCLAIMER:
APART FROM ANY EXPRESS WARRANTIES ON THE PRODUCTS WE SUPPLY, WE GIVE NO WARRANTY ON THE PRODUCTS SOLD OVER THIS WEBSITE EXCEPT THOSE CONTEMPLATED IN SECTION 55 OF THE CONSUMER PROTECTION ACT, 2008 (CPA) AND ONLY IF YOU ARE A “CONSUMER” UNDER THE CPA.
PLEASE PAY SPECIAL ATTENTION TO THE FOLLOWING:
YOU ACKNOWLEDGE THAT YOUR USE OF THE PRODUCTS MADE AVAILABLE ON THIS WEBSITE IS AT YOUR OWN RISK. IF YOU DO NOT FOLLOW THE INSTRUCTIONS ON THE PRODUCTS YOU MAY BE ENDANGERING YOUR LIFE AND THERE IS A POSSIBILITY OF INJURY, FIRES OR ELECTRIC SHOCKS. THE PRODUCTS MUST NOT BE CONSUMED AS THIS COULD BE HARMFUL TO YOUR HEALTH.
YOU ACKNOWLEDGE THAT SOME OF THE PRODUCTS MUST BE INSTALLED BY QUALIFIED ELECTRICIANS ONLY.
FOR YOUR OWN SAFETY, PLEASE CAREFULLY CONSIDER AND FOLLOW THE WARNINGS OR OTHER INSTRUCTIONS ON THE PRODUCTS.
THIS ALL MEANS THAT IF YOU BUY THE PRODUCTS AND TRY TO INSTALL OR OTHERWISE USE THEM, YOU DO SO ON THE BASIS THAT IF YOU SUFFER ANY INJURY, HARM OR LOSS ASSOCIATED WITH THE PRODUCTS YOU (AND ANY THIRD PARTY) WILL HAVE NO CLAIM AGAINST US (TO THE EXTENT PERMISSIBLE IN LAW). YOU WILL BE RESPONSIBLE FOR PAYING FOR ANY HARM OR LOSSES YOU OR ANY THIRD PARTY SUFFERS AS A RESULT OF THE PRODUCTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE PROPRIETOR AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER THEY MAY ARISE, OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OF THIS WEBSITE, THE INABILITY TO USE THIS WEBSITE, THE OPERATIONAL FAILURE OF THIS WEBSITE, ANY INFORMATION, DATA, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PROPRIETOR AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. HOWEVER, THIS LIMITATION OF LIABILITY WILL NOT APPLY WHERE WE ARE LIABLE TO GIVE YOU A REMEDY FOR A PROBLEM PRODUCT UNDER SECTION 56 OF THE CPA OR ARE STRICTLY LIABLE FOR HARM CAUSED BY A PRODUCT UNDER SECTION 61 OF THE CPA, IF YOU ARE A CONSUMER PROTECTED UNDER THE CPA.
The effect of the above disclaimer and limitation of liability is that you cannot sue us for loss or damages you may suffer or incur because of using this website or any products or because of any circumstance listed under the limitation of liability unless you have a valid claim under the CPA.
DUTY TO SEEK PROFESSIONAL ADVICE
Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this site, there may be instances where such information proves inaccurate or incomplete. Before placing any reliance on the data and information provided on this site please consult the Proprietor directly or approach your own professional advisors. You should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this site. Without limiting the generality of this statement:
THIS WEBSITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL OR OTHER INACCURACIES AND YOU ARE URGED TO CONTACT YOUR OWN PROFESSIONAL ADVISORS TO CONFIRM ALL INFORMATION CONTAINED ON THIS WEBSITE PRIOR TO PLACING RELIANCE ON IT. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THIS WEBSITE AND THESE CHANGES WILL BE INCORPORATED INTO NEW EDITIONS OF THIS WEBSITE.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. By using this website you consent to the exclusive jurisdiction of the High Court and/or Arbitration Forums of the Republic of South Africa in respect of any disputes arising in connection with this website and/or your use of it or any product obtained through it or information or other contents on it. The purpose of this clause is to make South African law apply and to give South African courts and Arbitration Forums jurisdiction if you are based outside of South Africa.
DISPUTE RESOLUTION – PRIVATE ARBITRATION
2.1. at Durban, KwaZulu-Natal, Republic of South Africa at the election of the party calling for such arbitration;
2.2. formally, under the Standard Procedure Rules for the time being, as issued by the Association Of Arbitrators;
2.3. otherwise in accordance with the provisions of the Arbitration Act No. 42 of 1965, as amended;
2.4. it being the intention that, if possible, it shall be held within 21 (twenty one) working days after it has been demanded.
2.5. The arbitrator shall be if the question in issue is:
2.5.1. primarily an accounting matter, an independent chartered accountant agreed upon between the parties appointed by the President for the time being of the KwaZulu-Natal branch of the South African Institute of Chartered Accountants;
2.5.2. primarily a legal matter, a practising advocate of not less than 15 (fifteen) years standing agreed upon between the parties as such, or appointed by the President for the time being of the KwaZulu-Natal Society of Advocates, failing which, the Chairman of the Association of Arbitrators of South Africa;
2.5.3. any other matter, an independent person agreed upon between the parties and failing agreement as may be appointed by the Chairman of the Association of Arbitrators of South Africa.
VIOLATION AND WAIVER
Should you violate these Terms and Conditions or any other rights of the Proprietor; we reserve the right to pursue any and all legal and equitable remedies against you and to take any steps necessary to protect our interests. If we fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
SEVERABILITY OF PROVISIONS
If a court finds that one or more rights or provisions in these Terms and Conditions is invalid, you agree that the remainder of the Terms and Conditions will be enforceable and that, to the extent permitted by law, the court will give effect to the intention behind the right or provision that has been declared invalid or unenforceable.
These terms and conditions contain the entire agreement between the parties in regard to their subject matter.
No variation or amendment of the agreement concluded between the parties or any term thereof will be binding or have any force and effect unless reduced to writing and signed by or on behalf of the parties.
COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
ARB Electrical Wholesalers adheres to the provisions of Chapter VII of ECTA. Chapter VII of ECTA provides protection to consumers and the provisions of ECTA relevant to commercial transactions that may be effected on the ARB website (www.arb.co.za), as well as the information required to be disclosed to consumers in terms of ECTA, are provided for your reference.
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: ARB Electrical Wholesalers (Pty) Ltd
Registration Number: 2004/012797/07
Legal Status: In business
Directors: WR Neasham (Chairman), BG Burke (CEO), JM Burke (Director), AYM Modise (Non Exec), Sizakele Xulu (Non Exec), Tshepo Tshotetsi (Non Exec)
Registered Office: 10 Mack Road, Prospecton, PO Box 26426, Isipingo Beach, 4115
Physical Address: 10 Mack Road, Prospecton, Durban
Telephone Number: 031 910 0200
Website Address: www.arb.co.za
E-Mail Address: [email protected]
Self regulatory or accreditation body: none.
Address for service of all legal documents: 10 Mack Road, Prospecton, PO Box 26426, Isipingo Beach, 4115