Terms and Conditions of Online Sales
These Terms and Conditions of Sales (hereinafter, “Terms and Conditions“) apply to your purchases on the https://www.nukor.co.za/shop/ and the agreement you enter into with NUKOR SAWMILLING (PROPRIETARY) LIMITED (hereinafter, “Nukor”, “we”, “us”, or “our”), being registered and incorporated in accordance with the laws of the Republic of South Africa (the “Territory”), with registration number 1979/001076/07 and having its registered business address at Nukor House, 92 op de Bergen Street, Fairview, Johannesburg, South Africa 2043.
Please read the Terms and Conditions carefully so that you are aware of your rights and obligations. You can save or print these Terms and Conditions for your future reference. Nukor shall also save the text of the entire agreement and make it available to you upon your request.
- Applicability
1.1. These Terms and Conditions apply to all offers, contracts, and deliveries by Nukor on the website https://www.nukor.co.za/shop/ and all relevant subdomains (“Nukor Online Store“) unless otherwise agreed.
1.2. The Nukor Online Store allows you to shop online for a limited range of goods sold by and manufactured by Nukor including, amongst others, mobile machines, spares and consumables (“Products”).
1.3. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
1.4. By using the Nukor Online Store you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Nukor Online Store only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- Product Purchases and Availability
2.1. Nukor’s sales prices are listed in the Nukor Online Store and include all duties, fees, and other charges applied upon sales by Nukor, including VAT (if applicable).
2.2. All prices and information in the Nukor Online Store are intended to be accurate and complete; however, in certain situations pricing and other errors may occur. You shall have no right to rely upon a price that is obviously or materially lower than the prevailing retail price for that product or service. In the event that Nukor’s published price for a product or service is obviously or materially lower than the prevailing retail price due to Nukor’s pricing error, we have no obligation to sell at that price and shall be entitled to cancel the contract with you before shipment and delivery.
2.3. By clicking the purchase button, you are placing a binding order for the Products and services in your shopping basket (the “Offer”). Shortly after we have received your order, we will email you an order confirmation. The order confirmation email does not signify Nukor’s acceptance of your order as it simply confirms that we have received your order. Once we have processed your order and prepared it for shipping, we will send you an email stating that we have accepted your order, which will include the shipment details (the “Acceptance“). Before you receive Nukor’s Acceptance, you have the right to cancel your Offer.
2.4. Please note that a binding agreement of sale will only arise upon acceptance by Nukor of your Offer (the “Contract“).
2.5. Each order must be paid for in advance of delivery by any payment methods offered by the Nukor Online Store. Products will only be shipped after Nukor’s verification of your payment. You are solely liable for payment of any fees charged by your bank, card issuing company or other provider of your selected payment option.
2.6. If Nukor rejects or cancels your order, Nukor will refund any amount already paid by you to Nukor.
2.7. Prior to delivery or your collection of the Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Products, you may return the Products only in accordance with the Return and Refund Policy.
2.8. Nukor does not guarantee the availability of the Products. Furthermore, the prices of Products may change at any time without notice to you
2.9. All Contracts and all Products are subject to applicable export control laws, including the export control laws of the USA, Europe, China, Australia and Africa. You may not export any Product purchased from Nukor to any country outside South Africa if prohibited by export control laws. If you plan to export any Product purchased from Nukor to another country, you must obtain the required export licenses (or other government approvals) prior to doing so.
- Delivery
3.1. Your order and Contract will be processed and performed when we have received your payment. We are not obliged to ship any Products before we have received the full payment for the Product.
3.2. We may refuse single orders for multiple Products with different delivery periods or different delivery addresses.
3.3. If it is not possible for Nukor to ship the Products within the delivery period mentioned in the Nukor Online Store or order confirmation, we will inform you thereof and allow you to terminate the Contract, in which case any payment made to Nukor will be reimbursed.
3.4. Please refer to the Delivery Policy in the bar at the bottom of web pages on the Nukor Online Store. The Delivery Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
- Returns/Refund and Replacement
4.1. Please refer to the Return and Refund Policy at the bottom of web pages on the Nukor Online Store.
4.2. The Nukor Return and Refund Policy deals with refunds, replacements, repairs and cancellations related to purchases made on the Website. The Return and Refund Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
- Terms of Payment
5.1. Please refer to the Payment Policy in the bar at the bottom of web pages on the Nukor Online Store.
5.2. The Terms of Payment are incorporated by reference (which means that it forms part of these Terms and Conditions).
- Warranty Policy
Nukor voluntarily offers a commercial warranty in respect of this Nukor branded products. The applicable warranty terms and conditions can be reviewed at Warranty Policy and are also contained in the products packaging box.
- Feedback and Complaints
7.1. Any feedback you provide on the Nukor Online Store is regarded as non-confidential. Nukor and its partners reserve the right to freely use this information without any limitation.
7.2. If you have a complaint about the products or services provided by Nukor or require information regarding our internal complaints-handling process, please get in touch with us via https://www.nukor.co.za/contact-us/.
7.3. We are participant to Consumer Products and Services Ombud (“CGSO”), and are bound by Consumer Goods and Services Industry Code of Conduct. If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach CGSO, to assist in resolving the dispute.
7.4. The CGSO’s contact details are:
Website: http://www.cgso.org.za/
Sharecall: 0860 000 272
Email: complaints@cgso.org.za
- Notices
8.1. For the purposes of the Electronic Communications and Transactions Act 25 of 2002, Nukor’s information is as follows: Full name: NUKOR SAWMILLING Proprietary Limited
Registration number: 1979/001076/07
Physical address: Nukor House, 92 op de Bergen Street, Fairview, Johannesburg, South Africa 2043
Phone number: +27 (11) 610-2000
8.2. Nukor hereby selects its abovementioned address for the service of all formal notices and legal processes in connection with these Terms and Conditions. Nukor may change this address from time to time by updating these Terms and Conditions.
8.3. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Nukor not less than 5 days’ notice in writing.
8.4. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
8.4.1. By hand will be deemed to have been received on the date of delivery;
8.4.2. By telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
8.4.3. By email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
