Terms and Conditions
Website Terms and Conditions of Use Relating to www.lawnmowermecca.co.za
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Lawnmower Mecca (“the Provider”) website located at the domain name www.lawnmowermecca.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Pricing
Please note that prices are correct as of 1 August 2022, however prices are subject to change at our discretion.
Updating of these Terms and Conditions
The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
The Provider provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Images, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright of the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and are protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice. All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent, or other Intellectual Property Rights in or to the Content.
Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy, or completeness of the Content. Neither Provider nor any holding company, affiliate, or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Website Terms and Conditions of Use Relating to www.lawnmowermecca.co.za
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Lawnmower Mecca (“the Provider”) website located at the domain name www.lawnmowermecca.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Payment Procedure
All Payments are to be made via EFT or bank deposit on this website, no other form of payment will be accepted unless it is made in-store. A request for payment will be sent to the User, and proof of payment notice must then be sent to our accounts department at shop@lawnmowermecca.co.za. The User will receive a notification when their payment has cleared, the order made will then be dispatched.
Our bank details are as follows:
Bank Account Details: Standard Bank
Branch Code: 050410
Account No. 072720816
Acceptance of Orders
All orders submitted through our website are confirmed by e-mail, or telephone after submission, no order should be deemed to be accepted without this confirmation. All orders are fulfilled subject to these terms and conditions. It might not be possible for us to accept orders for certain items for delivery to certain countries. All quotations are valid for a period of 10 days from the date generated.
Currency and Pricing
Prices quoted are in Rands or in any other currency on request, all payments are to be made in Rands. (Your credit card providers will charge the order in your local billing currency). Please note that prices are correct as of 1 August 2022, however prices are subject to change at our discretion. There is a manufacturing lead time on specific items.
VAT
VAT is included and is charged only on sales to residents of the RSA making personal purchases. All purchases made by customers outside the RSA are charged less VAT.
Payment & Shipping
Goods remain the property of the Provider until paid for in full. The Provider will not release any goods until they have been paid for in full.
Shipping Prices are quoted after an order is made subject to customer/User request. Deliveries will be to a location agreed upon for the quote and may not be available door to door in certain areas.
From the moment goods are dispatched they become the responsibility of the customer / User without exception, it is their responsibility to ensure these goods if they wish to do so. In the unlikely event of your order being lost, by the logistics service provider, we would do our best to assist you in recovering or replacing the items lost. We do however strongly advise our customers to choose the insurance option when making use of a logistics provider. Insurance is available for purchase in the checkout process or alternatively can be arranged with a salesperson. Our courier partners were chosen because of their professionalism and care in their deliveries and we trust that your orders will be received intact.
Our courier partners are chosen as a result of their potential to deliver timeously in the area where each particular customer is located and the Provider is not liable or responsible for the behavior of any such Courier or Logistics Service Provider or Transp[ort Service Provider. There are also often International Border Posts, Customs & Excise Officials over which the Provider and the Transport Service Provider have no control.
Refund Policy
Returns will only be accepted if the order is incorrectly delivered, on an exchange-only basis, provided that the product is unused, not damaged, and in its original packaging. If the User believes the supplied product to be faulty, the item must be returned at the cost of the User. The Provider will then engage with the supplier under the standard supplier terms and conditions for repair or replacement of the item. The User will remain responsible for all courier costs of both return and exchange. We strongly suggest that Users make use of the insurance option that the logistics providers offer. The Provider holds no responsibility for loss or damage of products once they have been dispatched.
Updating of these Terms and Conditions
The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
The Provider provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Images, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright of the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and are protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice. All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent, or other Intellectual Property Rights in or to the Content.
Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy, or completeness of the Content. Neither Provider nor any holding company, affiliate, or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine the use of the Website and to improve Content thereon. The Provider assumes no obligation to protect this information and may copy, distribute, or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated, and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Please note prices are subject to change and stock availability & Prices include VAT
Workshop Standard Terms and Conditions
THESE ARE THE TERMS AND CONDITIONS RELATING TO YOUR RIGHTS AND OTHER MATTERS IN RESPECT OF THE REPAIR,
MAINTENANCE AND/OR REPLACEMENT WORK ("THE WORK") TO BE CARRIED OUT ON THE GOODS BY LAWN MOWER MECCA (PTY) LTD. SAVE WHERE EXPRESSLY STATED OTHERWISE, THE EXPRESSION "GOODS" WHEREVER USED IN THESE TERMS AND CONDITIONS INCLUDES EACH COMPONENT OF A LAWNMOWER, FRAME, ENGINE, MOTOR AND OR CONTROLE UNIT AS A SEPARATE UNIT.
I acknowledge, confirm and agree that:
1. THE SOUTH AFRICAN AUTOMOTIVE CODE OF CONDUCT (CODE)
1.1. The Authorised Service Repairer subscribes to and is bound by the CODE read together with the Consumer Protection Act 68 of 2008 ("CPA") and Regulations thereto.
2. RIGHT TO CHOOSE
2.1. In the event of additional work not authorised in terms of the estimate becoming necessary, the ASR shall provide me with the estimation pertaining to such additional work and shall obtain my prior approval before carrying out the additional work.
2.2. In the event that I have authorised additional work to be carried out as is contemplated in clause 2.1 above, such additional work shall be subject to all these terms and conditions and shall not be deemed to constitute or create a new or separate contract.
2.3. I have the right to cancel the work at any time provided that if such cancellation takes place:
2.3.1.1. at a reasonable time before the ASR is to commence with the work or any portion thereof (including disassembling and or assembling of the goods), then no cancellation charge will be levied;
2.3.1.2. at any other time than the time contemplated in paragraph 2.3.1.1, then I will be liable to pay a cancellation charge which shall include, but shall not be limited to the labour for the work carried out up to the time of cancellation, a reassembling fee and the cost of all parts and accessories installed into the goods.
2.4. I have been informed that the ASR does not collect, or arrange for goods to be collected, and I am therefor required to deliver the goods to the premises of the ASR for the work to be carried out and shall ensure that the goods are, and will remain available to the ASR during normal working hours (Monday to Friday from 08:00 — 16:30)
2.5. Any part of the work to be carried out in terms of the estimate may be carried out by any agent or subcontractor appointed by the ASR.
2.6. I have the right, prior to taking delivery, to examine the parts, components and workmanship, for purposes of quality and description, without removing the goods from the ASR's premises, or disassembling the goods in whole or in part, or taking any parts or components or having them taken apart.
2.7. Should the goods, or any parts or components thereof, be damaged during my examination thereof as a result of my gross negligence, recklessness, malicious (deliberate) behaviour or criminal conduct:
2.7.1. I will remain liable for payment of the authorised cost of the work as set out in the estimate; and
2.7.2. The ASR will not be obliged to restore the goods, or any parts or components, as the case may be, to any condition, and
2.7.3. I WILL NOT HOLD THE ASR RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY WHICH I MAY SUFFER AS A RESULT OF MY AFOREMENTIONED CONDUCT.
2.8. The risk of damage or loss of the goods will remain my risk at all times and the ASR will only be responsible for any loss, directly or indirectly attributable to its gross (intentional) negligence.
2.9. The ASR, or any of its designated employees or any employee of its designated third-party service providers, is entitled and authorised to test the goods on for performance, or elsewhere, if required to do so in connection with any inspection, or work, or other purposes for which the goods are accepted by the ASR, including, but not limited to, the testing of the goods, determining the nature of the work to be carried out, taking the goods for repairs to any other third party Service Provider.
2.10. Any dates given for delivery and completion of the work are estimates only and no exact delivery date or time has been agreed upon and that the ASR is not in a position to promise any delivery date or time.
2.11. The ASR will carry out the work as soon as is reasonably possible (bearing in mind that the ASR is dependent on the availability of parts and accessories) and no exact delivery date and time has been agreed upon and the ASR cannot warrant any delivery dates or times.
2.12. Should a quotation be requested, an upfront labour charge for stripping and quoting can be requested. Should the quotation not be accepted, the machine will be returned dis-assembled unless the client agrees to pay the labour fee for re-assembly.
3. RIGHT TO EQUALITY IN THE CONSUMER MARKET
3.1 I have the legal capacity (i.e. the law allows me) and authority (permission) to enter into this agreement and (if necessary) on behalf of
Detail of owner____________________________________________________________________________________
4. RIGHT TO PRIVACY
4.1. The ASR may not disclose any of my personal information other than for the purposes set out in this agreement, unless required by a court of law or under any applicable legislation.
5. RIGHT TO DISCLOSURE AND INFORMATION
5.1. The authorised cost of the work shall be paid by me in South African currency, free of exchange and any other charges at such address in the Republic of South Africa as the ASR may require without any deduction or right to set off
5.2. The work is completed for the purposes of these terms and conditions when I have received notice from the ASR that the goods are ready for collection.
5.3. Although payment for the work is only due on completion of the work, the ASR may demand a deposit before commencing the work or in the course of carrying out any work.
5.4. The price relating to any work done, or parts or components supplied, in relation to the goods, by the order of any employee in my employ, or by any person who is reasonably believed to be acting as my agent, or by the order of any person to whom the ASR is entitled to make delivery of the goods, shall be paid for by me.
5.5. If the ASR informs me that the goods are ready for collection and I don't collect the goods from the premises of the ASR within 3 (three) business days of being so informed, then the ASR will be entitled to recover storage fees from me calculated at the industry prevailing rate calculated from the date in which I was informed to collect the goods until the date on which I actually collect the goods (both days included) at the rate of R5 per day.
5.6. If goods are not collected and paid for within 3 months (90 days) after being booked in, the goods will be scrapped or sold to defray expenses by the ASR. The onus is on the client to make contact to arrange payment and / or collection.
6. RIGHTS TO FAIR AND RESPONSIBLE MARKETING
6.1. I have not been approached by the ASR or any of its employees either personally, by way of electronic communication (including fax, telephone, sms or e-mail) or by way of mail for the direct or indirect purpose of enticing me to enter into this agreement.
7. RIGHT TO A FAIR AND HONEST DEALING
7.1. I have had a proper opportunity to consider the implications of this agreement (including the estimate) and I enter into this agreement out of my own free will and without any undue influence by the ASR or any of its employees.
8. RIGHT TO FAIR, JUST AND REASONABLE TERMS AND CONDITIONS
8.1. Any change to the terms and conditions of this agreement will only be valid if it is made in writing and signed by both of us.
8.2. No granting of any leeway or the granting of any extension of time shall be a waiver of any of our rights under this agreement and will not create a novation of this agreement (new agreement).
8.3. For the purpose of service of any legal documents or notices in terms of this agreement the parties choose the addresses on the face of this agreement for delivery or service of any legal documents or notices in terms hereof.
8.4. If a party is in breach of this agreement, the innocent party will have the right to recover all legal costs and disbursement on an attorney-and-client scale (i.e. the scale recovery of legal fees and disbursements prescribed by legislation).
8.5. The ASR shall have a general lien on the goods and all its contents (a general right to keep the goods as security) for all monies owing to the ASR by me on any account whatsoever.
8.6. The ASR shall be entitled to charge a related storage fee of R5.00. per day during any period in which goods are retained by or on behalf of the ASR by virtue of the lien in paragraph 8.5.
8.7. Any amount indicated on any invoice issued by the ASR will be regarded as a liquidated amount (an amount that is easily determinable) and any such amount will be prima facie (on the value thereof) regarded as correct.
9. RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY
9.1. I have been informed that the ASR only uses genuine parts in carrying out the work and warrants any new or reconditioned part installed during the work and the labour required for the installation, for a period of 3 (three) months after the date of installation;
9.2. If the goods are subject to a manufacturer's Warranty, such warranty will run concurrently with any other statutory warranty applicable to the goods;
9.3. I have been informed that any applicable warranty will:
9.3.1. be void if I do not strictly comply with the terms and conditions of such warranty;
9.3.2. not apply to ordinary wear and tear and normal usage of the goods;
9.3.3. be void if the goods or the parts have been subjected to misuse or abuse or have been equipped with grey (i.e. parts marketed and/or distributed that bear a trade-mark but have been imported without the express approval or licence of the authorised South African Distributor) or pirate (counterfeit) parts.
9.4. The ASR shall, subject to clause 9.5 below, return all parts and accessories removed by it in the course of carrying out the work, to me, if I have requested it to do so; provided that the return of parts and accessories are not prohibited by any applicable legislation.
9.5. The ASR shall not be obliged to return parts and accessories removed by it in the course of carrying out the work, if such parts form the subject of a warranty or insurance claim, in which event I authorise the ASR to return the parts or accessories to the relevant Manufacturer or Insurer.
9.6. If I decline the return of any parts or accessories removed by the ASR in the course of carrying out the work, such parts and accessories will be deemed to be wholly abandoned to the ASR and accordingly, they shall become the property of the ASR.
9.7. I have been advised to remove all items of value not required in order to carry out the work on the goods when leaving it on the ASR's premises.
10. The ASR cannot accept liability for any loss or damage to any item left in the goods unless such loss or damage is caused by a lack or reasonable care on the part of the ASR.
11. THE RIGHT TO BE HEARD AND OBTAIN REDRESS
11.1. In the event of a complaint by me, or a dispute arising between us, as to the subject matter of the agreement, or the implementation thereof, I shall inform the ASR in writing of the exact extent and nature of the complaint or dispute where after we, the parties, will attempt to resolve the matter within 7 (seven) business days, failing which, any one of us can refer the matter to the relevant accredited Ombudsman of the Automotive industry.
11.2. Notwithstanding the content of clause 10.1, either party has the right to approach a competent court for adjudication.
12. CONFIRMATION AND ACCEPTANCE
12.1. I HAVE READ THE ABOVE TERMS AND CONDITIONS AND CONFIRM THAT THEY ARE TO MY UNDERSTANDING AND AGREE TO BE BOUND THERETO.
STIHL Online Policy
“The Servicing Dealer is the exclusive authorised distribution channel for STIHL allowing all customers to receive the appropriate direct personal advice on STIHL products and no other sales channels are supported by the company (e.g. mail order, internet, etc.) Safety advice, guidance and customer service are all indispensable elements when it comes to selling high-quality, sophisticated STIHL products. That is why direct personal contact between the Servicing Dealer and the customer is mandatory and we expect our Servicing Dealers to comply with their obligation to always provide customers with proper advice, guidance and pre-delivery inspection.”
LAWN MOWER MECCA (PTY) LTD is proud to be an authorised dealer of STIHL products. We offer specialised advice about the right machine for the job and instruction on maintenance procedures. To comply with STIHL policy we request that you visit us in store to receive the best advice on product selection and to get the necessary instruction on the safe use of the product, as well as its servicing and maintenance requirements.
We cannot deliver STIHL machines via courier, unless we have previously conducted a ‘professional hand-over’ with you or you are a ‘known professional user’. A ‘known professional user’ would be someone who has recognised qualifications in the appropriate field for the machinery they are purchasing and has dealt with us before.
All other STIHL products (eg. safety products, clothing, oil, etc) can be delivered to ‘known customers’. A ‘known customer’ is anyone who has had prior dealings with us.
Despite the restrictions this policy imposes, we want to make it as easy as we can for you to purchase STIHL machinery from us. You can use the ‘contact us’ form for enquiries or add items to the basket to reserve a STIHL machine and pay online, by EFT prior to your collecting from our shop, or pay cash, credit / debit / AMEX / Bsmart card when you collect
