General Platform Terms and Conditions for Grand Timepiece
1.1 Grand Timepiece (Pty) Ltd (hereinafter “GT”) is the operator of GT online marketplace for quality second hand watches (hereinafter “platform”). The following “general platform terms and conditions” apply to the free use of the platform.
1.2 The general platform terms and conditions can be downloaded and printed in the current version at www.grandtimepiece.co.za for the duration of the agreement.
1.3 This website is run by Grand Timepiece (Pty) Ltd based in South Africa trading as Grand Timepiece (Pty) Ltd and with registration number K2013/08/0835
Sending the online registration represents a legally binding offer to form a contract with GT. The user shall be notified by e-mail of receipt of his/her registration enquiry. However, a visitor agreement shall not as yet come into effect. The user must activate his/her user account by clicking on the activation link. The user account will not become active until it is activated by GT. A visitor agreement shall only come into effect when the user account is activated by GT.
3. Service Description
3.1 GT offers registered users the technical possibility of contacting watch sellers via the platform (section 5).
3.2 Sellers’ ads retrievable on the platform do not represent any legally binding offer of sale to enter a purchase agreement, but are merely a non-binding invitation to the provider to submit offers of sale.
3.3 Any contractual relationship will be formed exclusively between the seller and the user. Outside the Trusted Checkout Service, GT is neither a representative nor a messenger of the dealer or the user. The fulfillment of contracts initiated on the platform shall also take place exclusively between the seller and the user.
4.1 Registration is only allowed for persons of unlimited legal capacity. Minors in particular may not register.
4.2 A current e-mail address and a password are required to register. The e-mail address and the password also serve as login details. Only one user account can be created with the same e-mail address. The e-mail address is also used for communication with GT and is essential for all contractually relevant correspondence between GT and the user.
4.3 The password is confidential and care must be taken to ensure that access to the user account is secure. Users are obliged to notify GT immediately if there are signs that a user account has been misused by third parties.
4.4 The user account is strictly personal. The user is not entitled without the express consent of GT to transfer the profile to a third party. Neither is the user entitled without the express consent of GT to enable third parties to access his/her user account using his/her login details.
4.5 The user shall in principal be liable for all activities that take place while using his/her user account. The user shall not be liable if he/she is not responsible for the misuse of his/her user account because there is no breach of the existing duty of care.
5.1 GT provides free functions to registered users, which facilitate use of the platform, particularly the search for offers, and management of user accounts. Registered users can also enjoy improved communication with providers.
5.2 GT may change the use of the platform, or individual functions, or the scope in which individual functions can be used at any time.
5.3 Registration is free of charge.
6.1 The user must refrain from any activity aimed at disrupting the operational aspects and technical infrastructure of the platform and/or overloading it. This particularly includes:
6.2 Users may search for commercial offers on the platform solely by means of the search forms provided by GT. Avoiding the search forms, particularly by using automated search software to access GT’s databases, is not permitted when searching for offers.
6.3 Data and contents obtained or made accessible to the user through search queries or using the platform may not be used in full, in part or as extracts
6.4 The user may not use the platform to send any messages with advertising content without the approval of the recipient (particularly spam).
6.5 The user shall notify GT without delay if any disruption occurs while using the platform or its functions. The same shall also apply if the user finds out that commercial offers or contents published by third parties clearly infringe prevailing law or third-party rights.
7.1 The visitor agreement is for an indefinite period and can be terminated with immediate effect at any time.
7.2 The right of the parties to end the contractual relationship by means of extraordinary termination for good cause remains unaffected. A good cause for GT to terminate this agreement without notice is if the user persistently infringes his/her duties as stipulated in clauses 4.3, 4.4, 6.8, 6.9 or 6.10 of this agreement.
7.3 In the event of a good cause that allows termination without notice, GT may at its discretion deny access to the user account instead of termination. GT may also block access if the user has not used his/her login details for a period of at least one year.
7.4 Termination will result in the user not having access to his/her user account.
7.5 Termination by GT shall be deemed valid, amongst other things, if the user is duly notified at the e-mail address that he/she has provided. Terminations by the user must be given in writing or by using the relevant function to delete the user account on the platform.
7.6 Grand Timepiece may, in its sole discretion, change this agreement or any part thereof at any time without notice.
8.1 GT strives to provide and operate a non-disruptive and durable platform. This is naturally restricted to services over which GT has an influence. The user however acknowledges that full, uninterrupted platform availability is not technically feasible. GT is particularly at liberty to restrict access to the platform in full or in part, on a temporary or long-term basis, due to maintenance work, capacity considerations and due to other events outside the power of GT.
8.2 GT does not in principal pre-check the contents and commercial offers posted on the platform. GT cannot therefore give an assurance that the information and commercial offers posted on the platform are correct, accurate, reliable, up-to-date, applicable and/or complete. There is no claim either that the contents and commercial offers as posted are free from defects.
8.3 GT is not liable in the case of an ordinary negligent infringement of obligations, which are not material obligations, whose initial fulfilment enables the due performance of the agreement and compliance with which the user may regularly depend upon.
8.4 Liability is excluded to the extent permitted by law for ordinary negligence of duty affecting the availability of the platform or its contents.
8.5 The above liability restrictions apply analogously in the case of damage caused by authorised agents, particularly partners. GT is not liable for the actions of users or other third parties. Neither do such third parties act as vicarious agents for GT. Liability for indirect and consequential damages is – to the extent permitted by law – excluded.
8.6 The liability of GT for malicious intent, gross negligence, personal injury and pursuant to statutory regulations remains unaffected by the above liability restrictions.
8.7 Within the Trusted Checkout service, GT acts as a commercial agent on behalf of the Seller. GT itself will not become a contracting party to purchase contracts initiated via the Trusted Checkout Service. The user can assert warranty claims for defects of Purchased Objects originating from such purchase contracts exclusively against the Seller, he concludes a purchase contract for a watch with.
9.1 The user shall hold GT and its staff and/or appointees harmless from all third-party claims in the event that a claim is asserted on account of purported or actual legal infringements and/or infringement of third-party rights in connection with use of the platform or services of GT by the user.
9.2 The user shall undertake to reimburse GT all potential costs arising from a third-party claim. Reimbursable costs shall also include the costs of appropriate litigation and legal defence on attorney client scale, which GT would incur to defend itself from third-party claims. In this case GT shall notify the affected user without delay of the legal defence measures to be taken.
10.1 If one or more provisions of the contractual provisions are or become inapplicable, this shall not otherwise affect the applicability of the other provisions.
10.2 The law of the Republic of South Africa applies.
10.3 GT shall notify the user in written form of any amendments to these provisions without the individual amended provisions or the new version of the provisions in its entirety having to be sent or otherwise communicated; it shall be sufficient to notify the user that an amendment has been made and to provide a link to the amended General Terms and Conditions. If the user fails to object to the amendment in written form within 14 days of being informed of such, the amendment shall be deemed to have been accepted; GT shall make reference to this fact in its notifications of amendment.
10.4 GT is entitled to transfer this visitor agreement, including all additional agreements with all right and obligations, to a company of its choice. In the event that this agreement is transferred to another company, the user shall have a special right of termination, which must be asserted in writing within 14 days of notification by GT. In this notification GT shall refer separately to the significance of the user’s action.
10.5 The user of the platform herby consent to the jurisdiction of the Magistrate Court for all disputes arising from and in connection with this contract.
11.1 Payment may be made via Visa and MasterCard.
11.2 Card transactions will be acquired for Grand Timepiece via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
11.3 Customer details will be stored by Grand Timepiece separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
11.4 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
12.1 Purchase request
After you’ve made a purchase request, the seller will send you an offer. This will also include the delivery time and the shipping costs.
12.2 Buy Instantly
Offers available for Buy Instantly will include the availability and shipping costs on the offer page.
12.3 The seller will confirm the shipping company he will use. Once payment has been received and parcel sent, a shipping waybill number will be provided to track the parcel.
12.4 Trusted Checkout orders are always shipped insured for its full value during shipping, assuming you haven’t made an agreement with the dealer otherwise.
13.1 Please contact our GT team via e-mail (firstname.lastname@example.org) in order to discuss a return within 7 days of receiving the item. We will document and confirm your wish to return the item and guide you through the next steps.
13.2 The shipping cost of returning the product rests on the you. To insure that we get the piece back, we insist that you include insurance. To assist you with this process, our GT team will be able to help via email@example.com . Grand Timepiece will refund the client in full within 30 days. Cancellation of orders by the client will attract a 5% administration fee.
14.1 We use the most up-to-date security technology to protect your personal information against manipulation, partial or full loss, and unauthorized access by third parties. 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.polity.org.za/attachment.php?aa_id=3569 .
Grand Timepiece Warranty
Unless a watch sold is still covered under its manufacturer’s warranty, Grand Timepiece (Pty) Ltd warrants the dependable functioning of each entire watch for a period of one year (twelve months) from the date of purchase. This warranty does not cover normal wear and tear, loss, theft, tampering, mistreatment, or modification through the addition or subtraction of parts or accessories not supplied by Grand Timepiece (Pty) Ltd.
In the event of a malfunction arising within the warranty period, we will remedy the defect at no cost to our client, once the client delivers the watch to our office location in Pretoria, South Africa. This warranty will be valid only if the consumer holds a warranty card from Grand Timepiece (Pty) Ltd or has another form of proof of purchase.