Terms and Conditions

LINKWAVE WEBSITE TERMS AND CONDITIONS Effective date: [DD Month YYYY] Last updated: [DD Month YYYY] 1. Company information This website and online shop are operated by: Business name: Linkwave Legal entity: [Full registered company or close corporation name] Registration number: [Registration number] VAT number: [VAT number, where applicable] Physical address: [Physical business address] Address for legal notices: [Address for service of legal documents] Telephone: [Telephone number] Email: [Customer service email address] Website: [Website address] In these Terms and Conditions, “Linkwave”, “we”, “us”, and “our” refer to the legal entity identified above. “Customer”, “you”, and “your” refer to any person who accesses the website, creates an account, requests a quotation, or purchases goods from us. 2. Acceptance of these terms By accessing this website, creating an account, submitting an order, or purchasing goods from Linkwave, you agree to be bound by these Terms and Conditions. You must read these Terms and Conditions together with our: Privacy Policy; Returns and Refunds Policy; Delivery Policy; Warranty Policy; and any product-specific terms, instructions, or safety notices. Nothing in these Terms and Conditions is intended to exclude or restrict any right or remedy that cannot lawfully be excluded under the Consumer Protection Act, the Electronic Communications and Transactions Act, or any other applicable law. 3. Eligibility to place an order You must be at least 18 years old and legally capable of entering into a binding agreement to place an order. Where you place an order on behalf of a business or another person, you confirm that you are authorised to bind that business or person to the transaction. You are responsible for ensuring that all information supplied to us is accurate, complete, and current. 4. Products and product information Linkwave sells tools, machinery, workshop equipment, engineering equipment, accessories, consumables, and related products, which may include: power tools; compressors and pneumatic tools; hand tools; lathes and milling equipment; drill presses; welding and metalworking equipment; workshop machinery; measuring instruments; cutting tools; spares and accessories; and related industrial products. We take reasonable steps to ensure that product descriptions, photographs, specifications, dimensions, capacities, and compatibility information are accurate. However: product photographs may be illustrative; colours may appear differently depending on the customer’s screen; packaging may change without notice; manufacturers may update specifications or designs; and accessories shown in photographs may not be included unless expressly stated. The product description displayed on the relevant product page will determine what is included in the purchase. Customers must verify voltage, phase, capacity, measurements, compatibility, operating requirements, and intended use before ordering industrial machinery or specialised tools. 5. Quotations A quotation issued by Linkwave is valid for the period stated on the quotation. Unless otherwise stated: quotations remain subject to stock availability; delivery, installation, commissioning, and training are excluded unless specifically listed; prices may change when the quotation expires; a quotation does not reserve stock; and an order is not confirmed until Linkwave accepts it and any required payment has cleared. 6. Prices All prices are displayed in South African rand unless otherwise stated. Prices include VAT where Linkwave is required to charge VAT, unless the product page or quotation clearly states otherwise. The full amount payable will be displayed before the customer confirms the order and may include: the product price; VAT; delivery charges; handling charges; insurance, where selected; installation or commissioning fees; and any other disclosed charges. Promotional prices apply only for the stated promotional period and while stocks last. 7. Pricing and website errors Although we take reasonable care when publishing prices and product information, errors may occur. Where an obvious pricing, description, or calculation error is identified before dispatch, Linkwave may: inform the customer of the error; offer the customer the option to proceed at the correct price; or cancel the affected item and refund any amount already paid. Linkwave will not knowingly rely on this clause to avoid honouring a legitimate advertised price. 8. Placing an order Products added to a shopping cart are not reserved. Before submitting an order, you will be given an opportunity to: review the selected products; review the quantities; confirm the delivery address; review the total price; correct mistakes; and withdraw from the transaction. Submitting an order constitutes an offer by the customer to purchase the selected goods. An automated order confirmation only confirms that we received the order. It does not necessarily mean that the order has been accepted. A binding sales agreement is formed when Linkwave: accepts the order; confirms availability; receives any required payment; and sends the customer an acceptance, processing, or dispatch confirmation. 9. Stock availability All orders are subject to stock availability. Stock quantities displayed on the website may not always reflect real-time availability. Where a product becomes unavailable after an order has been submitted, Linkwave may offer the customer: a suitable alternative; a back order; a revised delivery date; or cancellation and a refund for the unavailable item. The customer is not required to accept a substitute product. 10. Payment Linkwave may accept payment through one or more of the following methods: debit or credit card; instant electronic funds transfer; ordinary electronic funds transfer; approved payment gateway; approved business account; cash on collection, where available; or another method displayed at checkout. Payment is subject to verification and authorisation by the relevant financial institution or payment provider. An order may be delayed or cancelled where: payment is declined; payment cannot be verified; the transaction is flagged for suspected fraud; the payment reference is incorrect; or the amount received does not match the order total. Customers must not send card details by ordinary email, WhatsApp, or other insecure communication channels. 11. Ownership and risk Ownership of goods remains with Linkwave until the full purchase price has been received in cleared funds. Risk of accidental loss or damage remains with Linkwave until the goods have been delivered to and accepted by the customer or the customer’s authorised representative, subject to applicable law. Where the customer appoints an independent courier that is not arranged or controlled by Linkwave, risk will be determined according to the applicable law and the agreed delivery terms. 12. Delivery Linkwave delivers to the areas displayed on the website or agreed to in writing. Delivery times are estimates unless Linkwave expressly agrees to a guaranteed delivery date in writing. Delivery may be affected by: stock availability; supplier lead times; payment verification; delivery location; courier capacity; adverse weather; industrial action; road closures; load restrictions; machinery handling requirements; or circumstances outside Linkwave’s reasonable control. Unless otherwise agreed, orders will be processed within the period displayed on the website or communicated to the customer. Where no different period has been agreed, applicable electronic-commerce legislation may require execution of an order within 30 days. If goods are unavailable, the customer must be informed and applicable refunds processed. 13. Delivery inspection The customer or authorised recipient should inspect the outer packaging at delivery. Visible damage, missing packages, or incorrect quantities should be: noted on the courier’s delivery record; photographed where possible; and reported to Linkwave within [24/48] hours. Failure to report visible courier damage promptly may make it more difficult to investigate the claim, but it does not automatically remove any statutory rights available to the customer. The customer must retain the packaging, accessories, manuals, and delivery documents until the matter has been resolved. 14. Collection orders Where collection is available, Linkwave will notify the customer when the order is ready. The customer must provide: the order number; proof of payment; suitable identification; and written authorisation where another person collects the order. Large machines may require appropriate loading equipment and a suitable vehicle. Linkwave may refuse to load equipment into a vehicle that is visibly unsafe or unsuitable. 15. Incorrect, damaged, or incomplete orders Customers must contact Linkwave as soon as reasonably possible where goods are: not the goods ordered; delivered in the incorrect quantity; incomplete; visibly damaged during delivery; or materially different from their description. Linkwave may request photographs, serial numbers, packaging information, courier documentation, or an inspection to assess the claim. Where the claim is valid, Linkwave will provide the remedy required under applicable law, which may include collection, replacement, repair, or refund. 16. Cooling-off rights for online purchases Where the Electronic Communications and Transactions Act applies, a consumer may cancel an eligible online purchase of goods without giving a reason within seven days after receiving the goods. The customer may be responsible for the direct cost of returning goods cancelled under this cooling-off right. Any refund due under this statutory right will be processed within the legally required period. The statutory cooling-off right may not apply to certain transactions or goods, including goods that: were made to the customer’s specifications; were clearly personalised; cannot reasonably be returned because of their nature; deteriorate or expire rapidly; or fall within another statutory exception. These rights and exceptions are governed by applicable law and will take priority over any inconsistent provision in these Terms and Conditions. 17. Change-of-mind returns In addition to any statutory rights, Linkwave may accept an eligible change-of-mind return where: the customer contacts us within [7/14] days after delivery; Linkwave authorises the return before it is sent; the item is unused; the item is complete; the item is in its original condition; all accessories, manuals, keys, guards, batteries, chargers, and packaging are included; and the customer provides valid proof of purchase. Unless applicable law requires otherwise, the customer is responsible for the return delivery cost for a change-of-mind return. Linkwave may inspect returned goods before approving a refund. Where permitted by law, a reasonable deduction may be made for: use; damage; missing accessories; damaged or missing packaging; diminished value; or necessary restoration or repackaging costs. No deduction will be made where prohibited by applicable law. 18. Goods that may not qualify for change-of-mind returns Subject to the customer’s statutory rights relating to defective, unsafe, incorrectly supplied, or misrepresented goods, Linkwave may decline a change-of-mind return for: specially ordered goods; custom-manufactured or modified goods; goods cut or prepared to the customer’s specifications; personalised goods; electrical components that have been installed; consumables that have been opened or used; lubricants, chemicals, or liquids with broken seals; hygiene-sensitive protective equipment with broken seals; software or activation products that have been opened or activated; goods that have been assembled, permanently installed, altered, or damaged; goods missing serial-number labels; or clearance goods sold with a specifically disclosed defect or condition. 19. Defective goods and statutory warranty Goods supplied to consumers must meet applicable standards of quality, safety, durability, and suitability. Where the Consumer Protection Act applies, a consumer may return qualifying failed, unsafe, or defective goods within six months after delivery, without penalty and at the supplier’s risk and expense. Subject to the Act, the consumer may choose a repair, replacement, or refund. Where goods repaired under the statutory warranty fail again within the applicable statutory period, the remedies prescribed by law will apply. The statutory warranty does not cover a failure caused by: misuse or abuse; incorrect installation; operation contrary to the manufacturer’s instructions; use with an incorrect voltage or power supply; overloading; unauthorised repairs or modifications; accidental or impact damage; corrosion caused by improper storage; failure to perform required maintenance; use outside the product’s rated capacity; fair wear and tear; or damage occurring after the goods left Linkwave’s control, where legally relevant. Linkwave bears the responsibility of establishing whether an exclusion lawfully applies. 20. Manufacturer warranties Some products carry an additional manufacturer or importer warranty. Manufacturer warranty periods, registration requirements, service intervals, exclusions, and claim procedures may differ between products. Any manufacturer warranty is provided in addition to applicable statutory consumer rights and does not replace those rights. The customer may be required to provide: proof of purchase; the product serial number; photographs or video; service records; the warranty card; or the product for assessment. 21. Assessment and repair process Before approving a warranty claim, Linkwave or the authorised service agent may reasonably inspect and test the product. Where the assessment confirms a covered defect, the appropriate statutory or contractual remedy will be provided. Where the assessment shows that the fault resulted from misuse, accidental damage, unauthorised modification, incorrect power supply, improper installation, or another non-covered cause, Linkwave may provide a repair quotation. No chargeable repair will be performed without the customer’s approval. 22. Machinery installation and commissioning Certain machinery may require professional: installation; assembly; levelling; anchoring; electrical connection; phase verification; lubrication; calibration; commissioning; or operator training. Unless expressly included in the order, installation and commissioning are not included in the purchase price. Electrical work must be completed by an appropriately qualified person where required. Incorrect installation or commissioning may damage the equipment and create serious safety risks. 23. Tool and machinery safety Tools and machinery can cause serious injury, death, fire, electric shock, hearing damage, eye injuries, crushing injuries, or property damage if used incorrectly. Customers must: read and follow all operating instructions; observe safety labels and warnings; use appropriate personal protective equipment; use guards and safety devices; ensure that machinery is correctly installed and maintained; keep products away from children and unauthorised users; receive appropriate training before operating specialised machinery; isolate equipment before adjustment or maintenance; and use each product only for its intended purpose and within its rated capacity. The customer must not remove, bypass, or disable guards, interlocks, emergency stops, or other safety features. This clause does not exclude liability that cannot lawfully be excluded. 24. Product suitability Customers are responsible for checking whether a product is suitable for their intended application before ordering. Where a customer expressly informs Linkwave of a particular purpose and relies on Linkwave’s recommendation, Linkwave will take reasonable care when making that recommendation. The customer must provide complete and accurate operating requirements, including material type, dimensions, tolerances, workload, voltage, phase, capacity, air requirements, and environmental conditions. 25. Accounts and passwords Customers may be required to create an account. Customers are responsible for: protecting login details; preventing unauthorised access; keeping account information current; and notifying Linkwave promptly of suspected unauthorised use. Linkwave may suspend an account where reasonably necessary to investigate suspected fraud, abuse, or security risks.