GENERAL TERMS AND CONDITIONS
1. INTRODUCTION
This website can be accessed at www.symbiont360.com/en-ZA, related mobi-sites and software applications and is owned and operated by:
schwa-medico Medizinische Apparate Vertriebsgesellschaft mbH (schwa-medico)
Wetzlarer Str. 41-43
35630 Ehringshausen
Germany
represented in South Africa by BODYTEC Your Time Your Fitness
eMail: service [at] symbiont360.com (service[at]symbiont360[dot]com)
Tel.: +27-82-528-3310
By using this website and by registering on the website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
2. IMPORTANT NOTICE
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
may limit the risk or liability of schwa-medico; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify schwa-medico or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask schwa-medico, to explain it to you before you accept the Terms and Conditions or continue using this website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or schwa-medico, in terms of the CPA.
schwa-medico permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. SCOPE OF APPLICATION
The following terms and conditions apply to all orders placed via our online shop.
4. CONTRACTING PARTY, CUSTOMER SERVICE
The rental contract is concluded with schwa-medico, represented in South Africa by BODYTEC Your Time Your Fitness. You can contact our customer service for questions, complaints and objections: Telephone: +27-82-528-3310, service [at] symbiont360.com (service[at]symbiont360[dot]com)
5. CONCLUSION OF CONTRACT
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the order button you place a binding order for the goods contained in the shopping basket. The confirmation of the order takes place immediately after sending the order. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within 4-7 working days. When you have chosen to pay by credit card, the contract is concluded at the time of the credit card charge (when finalising the order).
When you have chosen EFT or any other payment method, the contract is concluded at the time of confirmation of the payment order with the payment service provider.
A condition for an effective conclusion of the contract is always that the order process is concluded by sending the order.
6. SHIPPING AND DELIVERY COSTS
The shipping of the orders is carried out exclusively within South Africa and is carried out by our preferred courier company. Delivery costs will be included in your rental subscription fee.
7. PAYMENT
Payment can be made by credit card (Visa and Mastercard), cheque card or via EFT using the PayFast payment gateway.
8. COLLECTION BY THE CUSTOMER
We only deliver to your indicated delivery address by dispatch. It is not possible to collect the goods yourself.
9. RETENTION OF TITLE
The goods remain our property until full payment has been received.
10. TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, please notify the carrier as soon as possible and contact us immediately. Failure to notify us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to meet our replacement requirements.
11. REVOCATION INSTRUCTION
Right of Revocation
You have the right to revoke this contract within fourteen days without giving reasons. The time limit for revocation is fourteen days from the day on which you or a third party appointed by you who is not the carrier took or has taken possession of the goods.
In order to use your right of revocation, you have to notify us, SYMBIONT South Africa by completing and submitting your cancellation electronically by using the form on our website service [at] symbiont360.com (service[at]symbiont360[dot]com). If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such revocation.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the Revocation
If you cancel this agreement, we will refund all payments we have received from you, immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You have to return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking the quality, properties and functioning of the goods.
The right of revocation does not apply for the supply of goods take out sealed which are not suitable for return for reasons of health protection or hygienic reasons if they are used after delivery.
12. PRIVACY POLICY
We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our PRIVACY POLICY, which is incorporated by reference.
13. CHANGES TO THESE TERMS AND CONDITIONS
schwa-medico, represented by BODYTEC Your Time Your Fitness may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
14. ELECTRONIC COMMUNICATION
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 13 above.
15. OWNERSHIP AND COPYRIGHT
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of schwa-medico, its advertisers and/or sponsors and/or is licensed to schwa-medico.
You will not acquire any right, title or interest in or to the Website or the website content.
Any use, distribution or reproduction of the website content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact Contact (https://www.symbiont360.com/en-ZA/contact-support) us.
Where any of the website content has been licensed to schwa-medico or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
16. DISCLAIMER
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst schwa-medico takes reasonable measures to ensure that the content of the Website is accurate and complete, schwa-medico makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by schwa-medico’s representatives, schwa-medico shall not be bound thereby.
schwa-medico disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods rented or bought from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of schwa-medico or BODYTEC Your Time Your Fitness, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, schwa-medico also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of schwa-medico, its employees, agents or authorised representatives. schwa-medico thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and PISM you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA
ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.