Terms & Conditions
TERMS AND CONDITIONS
Here you’ll find the terms and conditions for use of the Retrolex Forklifts website, as well as information relating to our Anti-Spam and Privacy Policies (including the maximum amount of data we would ever ever ever be interested in mining from you if we could ever in our wildest dreams afford servers that huge! Excuse us while we go have a lie-down.) In addition, you will be able read up on intellectual property rights and copyright relating to our logos and the site, plus get the low down on our standing as regards governing law, how we handle the whole databases thing, the security setup of the site and credit card payments etc.
- All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact The General Manager at +27 11 609 1726 or e-mail email@example.com
- This site is copyright-protected, and users may not download, view and print content from this site.
- All moral rights of Retrolex Forklifts and its employees/agents are reserved.
- Retrolex cannot screen or edit all the content available from the linked sites and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Retrolex Forklifts of any content that may be offensive or illegal.
INTELLECTUAL PROPERTY RIGHTS
- All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Retrolex Forklifts and as such are protected from infringement by local and international legislation and treaties.
- When a user registers on or sends e-mails to Retrolex Forklifts or any of its affiliate companies, (hereinafter collectively referred to as Retrolex Forklifts), that user consents to receiving communications from Retrolex Forlifts electronically and agrees that all agreements, notices, disclosures and other communications sent by Retrolex Forklifts satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.
- Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Retrolex Forklifts nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site.
- Furthermore, Retrolex Forklifts makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions. Users are encouraged to report any possible malfunctions and errors to the person referred to in the copyright clause.
- This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
- Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Retrolex Forklifts suffers any damage or loss.
- The user agrees and warrants that its log-in name and password shall:
- be used for personal use only; and
- not be disclosed to any third party.
- The user allows Retrolex Forklifts to take all reasonable steps to ensure the integrity and security of the Retrolex Forklifts site and back-office applications.
- All credit card transactions are processed through PayPal, and subject to the security and regulations of their personal PayPAl account.
CHANGES TO AGREEMENT
- Retrolex Forklifts may, at its sole discretion, change this agreement or any part thereof at any time without notice.
- In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Retrolex Forklifts, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/downloads/expedited_rules.pdf
- Retrolex Forklifts chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: 10 Mpande Road, Sebenza, Edenvale, Gauteng, South Africa
- Retrolex Forklifts shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.workinfo.com/Free/Sub_for_legres/Data/POIDA/act2.pdf
- Retrolex Forklifts may electronically collect, store and use the following personal information of Users:
- name and surname;
- country of residence;
- closest city;
- e-mail address; and
- IP address
- Retrolex Forklifts collects, stores and uses the abovementioned information for the following purposes:
- to greet the User when he/she accesses the Retrolex Forklifts web site;
- subject to the User’s consent, inform the User of facts relating to his/her access and use of the Retrolex Forklifts website;
- subject to the User’s consent, inform the User about competitions and special offers from Retrolex Forklifts and/or its partners/affiliates;
- to compile non-personal statistical information about browsing habits, click-patterns and access to the Retrolex Forklifts web site.
- Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
- The User may elect not to receive any communications from Retrolex Forklifts and/or its partners/affiliates.
- Retrolex Forklifts may collect, maintain, save and compile, any information collected from users, subject to the following provisions:
- Retrolex Forklifts shall not disclose personal information from Users unless the User consents thereto;
- Retrolex Forklifts shall disclose information without the User’s consent only through due legal process;
- and Dsignhaus may compile, use and share any information that does not relate to any specific individual.
- Retrolex Forklifts owns and retains all rights to non-personal statistical information collected and compiled by Retrolex Forklifts.
REMARKETING AND DEMOGRAPHICS
In accordance with some of Google’s recent compulsory policies, we herewith inform you that we might be tracking your cookies as our web site / company is currently undertaking Google AdWords remarketing of any other Google AdWords feature that tracks such cookies
By visiting this site, you agree that certain of our Google AdWords remarketing and or other advertisements can follow you as you visit other web sites that forms part of Google’s Display Network (GDN).
Note that we shall under no circumstances be utilizing any personally identifiable information as obtained through our Google AdWords remarketing campaign in any other related marketing endeavours – online or otherwise. (Such restricted utilization of information includes the sharing of such with third parties.)
The Company shall under no circumstances be using any sensitive information of any nature on any of our remarketing tags.
The Company shall duly endeavour to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns. (In instances of possible non-conformity to such, the Company shall endeavour to rectify such in a prompt manner.)
You may opt out of seeing advertisements for web site, by simply clicking here: http://www.google.com/policies/technologies/ads/.
We have implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords platform.
Retrolex Forklifts reserves the right of refusal on any orders placed. This right will only be exercised where our forklifts may be utilised in extreme or harsh environments.
Retrolex Forklifts reserves the right to charge clients for damage and abuse, or any extra costs incurred as a result of extreme working conditions or misuse of our equipment.
Retrolex Forklifts reserves the right to withhold the release of forklifts and related parts where clients do not have an already existing account with Retrolex. Please note that credit and account applications can take in excess of 48 hours to complete.
- Credit card payments.
- All payments via the Retrolex Forklifts site are processed through PayPal and are subject to their terms & conditions.
- Note that to protect its own and the interests of customers, Retrolex Forklifts scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Retrolex Forklifts is not satisfied with it’s legitimacy.
- Bank deposit payments If the buyer selects to pay via bank deposit, instructions will be given on how to deposit monies into the Retrolex Forklifts bank account and would it be subject to the following rules:
- The exact amount must be paid The payment must be identified by supplying the invoice number and company name in the reference section of the deposit slip or on the electronic transfer.
- Cheque deposits are subject to a clearing period.
- No bank deposits are accepted from outside the borders of South Africa. Please process these through PayPal.
- Unpaid bank deposit orders are cancelled after five business days.
- Retrolex Forklifts operates a strict no refund policy.
- Cancellations must be made in writing or by email to firstname.lastname@example.org
- Any deposit payments made to Retrolex Forklifts are non-refundable, even in the case of cancellations.