Terms & Conditions

These terms and conditions:

Represent the entire agreement between the parties and no alterations or additions may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorised representative of Performance Brands;
Are subject to change and you agree that any order placed shall be subject to the terms and conditions in force at the time the order was placed;
Are final and binding and are not subject to any suspensive or dissolutive condition;
Expressly exclude any conflicting conditions stipulated by you;
Apply to all employees, servants and agents of Performance Brands.

Quotations

All quotes will remain valid for a period of 7 (seven) calendar days from the date of issue.

Payment Options & Terms

Performance Brands accepts the following payment methods:

Credit Cards – Visa, MasterCard, Diners Club & American Express
Debit Cards – ABSA, Standard Bank or Nedbank (on Vodacom or MTN)
Electronic Funds Transfer
Cash Deposits – 2% bank levy
No COD or Cheque payment options

For international payment options and information, please contact our offices.

It is your responsibility to determine whether the goods ordered are suitable for the purpose of intended use. Should you be uncertain as to the suitability of a product, please contact our offices for assistance prior to placing your order.

No order will be binding on Performance Brands until it has been accepted by its management.

Payment for product/s ordered is due prior to shipment.

You may attend to payment via EFT, or via any of the approved methods of payments referred to above.

Where applicable, prices are quoted on the ruling day exchange rate and may increase as a result of adverse changes in the exchange rate. Until such time as we have received payment in full, we reserve the right to charge any fluctuations to the client’s account and the client undertakes to pay for such fluctuations on demand. It is the responsibility of the client to check that there have been no changes in the price prior to attending to payment.

Credit Card Acquiring and Security

Credit card transactions will be acquired for Performance Brands via PayFast (Pty) Ltd who are the approved payment gateway for First National Bank of South Africa. PayFast uses strict form of encryption, name Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.

Shipping Charges

Your total cost for purchase of any product will include shipping and handling charges as reflected on the Performance Brands invoice.

You undertake to effect payment as specified on the invoice furnished to you and acknowledge that Performance Brands may levy interest at the rate of 1.5% per month, on outstanding amounts, or the highest rate allowed by law, whichever is greater.

Delivery

Any delivery note or waybill (copy or original) signed by you or person accepting delivery on your behalf and held by Performance Brands shall be sufficient proof that delivery was made to you. Goods delivered must be checked in order to confirm that the goods delivered are in accordance with the order placed and are free from visible damage/defect. Any discrepancies and/or visible defects must be noted on the delivery note/waybill.

Performance Brands reserves the right to split the delivery of goods ordered in the quantities and on the dates it decides with your prior consent, which consent shall not be unreasonably withheld.

Should you choose to engage a third party to transport the goods, you indemnify Performance Brands against any claims of whatsoever nature that may arise from such an agreement.

Performance Brands warrants that it will endeavor to meet delivery times, but shall not be liable for any loss or damage of whatsoever nature which you may suffer as a result of any delayed delivery, unless the aforesaid has regard to circumstances within its reasonable control.

Please note we close each ear during the festive season for a period of 2-3 weeks. We will not be processing any orders during this time. Any orders placed during this time will only be processed in the new year. There will be limited availability on all products during this time.

South African Post Office

The SA Post Office will deliver to any valid South African postal address. You will be furnished with a tracking number when the goods have been dispatched and approximately 7 (seven) days thereafter you should receive a post office collection slip. You may then collect the goods from the local post office. Please ensure that goods are collected within 7 (seven) working days’ from receipt of the collection slip, failing which the goods will be returned to the sender.

Pricing

Price, specifications and terms are subject to change, you are therefore requested to peruse the prices, specification and terms prior to placing any order. The purchase price will be the current price as appearing on Performance Brands website www.mysupplementsonline.co.za.

You hereby confirm that the goods and services on the Tax invoice issued duly represent the goods ordered by you at the prices agreed to by you.

If prior to delivery of the goods, there is any increase in the cost of the goods, or if any other taxes or duties are levied or any laws are promulgated which directly or indirectly increases the cost thereof to the company, the company shall be entitled to increase the price of the goods by an amount equal to such increased cost, by giving you reasonable notice thereof.

Variation of Orders

All orders and variations to orders are subject to these terms and conditions. Only written orders and variations to orders will be accepted Performance Brands. Notwithstanding the above, Performance Brands may, at its sole discretion, elect to accept and act upon telephonic orders and any variations to orders. Performance Brands however reserves the right to refuse delivery or collection of any order until placed in possession of a written order form.

Deposit and Cancellation of Orders

Requests for cancellation of an order, prior to delivery, must be submitted in writing to info@mysupplementsonline.co.za.  No refunds will however be furnished on deposits in the event of cancellation for specially ordered or manufactured goods.

Any order is subject to cancellation by Performance Brands should the goods ordered become unavailable due to any cause beyond Performance Brands’ reasonable control.

Processing Times

You can expect an order to be processed within approximately three to five business days, provided the items are in stock and the payment has been verified. Performance Brands therefore cannot guarantee same day shipping. Customers should also note that no orders will be processed on weekends and official public holidays.

Back Orders

Performance Brands will notify you should there be any delay in obtaining/delivering any goods ordered. The unavailable order will be placed on back order, and the remainder of the order placed will be shipped. Please check our website for the back ordered items estimated time of arrival. Please note that the dates reflected are estimates and Performance Brands cannot guarantee the arrival dates. Should the back order however remain undelivered 30 (thirty) days from the date the order was placed you may cancel the agreement by giving Performance Brands 7 (seven) days written notice. Any order is subject to cancellation by Performance Brands should the goods ordered become unavailable due to circumstances beyond Performance Brands reasonable control.

Warranties

To the extent allowed by law, and notwithstanding any other provision of this agreement:

any goods supplied by the company shall be subject to the manufacturing company’s warranty;
the only entitlement you shall have in respect of those goods shall be to require Performance Brands to enforce such warranty against the manufacturer of those goods on your behalf.
The warranty shall immediately be rendered null and void in the event of any of the following:

Failure to use the products in accordance with instructions and specifications provided by the Manufacturer;
Should the product has been subjected to physical damage, abuse, misuse, alteration, neglect, tampering, improper maintenance, or has been serviced, repaired, installed by persons not possessing the necessary qualifications required to do so;
The product is not returned with an invoice/verifiable method confirming proof of purchase.

Returns

You may return goods in the following instances:

within 7 (seven) days of date of the receipt of the goods if the transaction falls within the scope of Section 44 of the Electronic Communications and Transmissions Act and the Consumer Protection Act. The aforementioned return policy excludes items contemplated in Section 42(2) of the aforementioned Act; or
within the implied warranty period if the product is defective; or
within 10 (ten) business days, if Performance Brands has made an error in delivery.
Notwithstanding the above, Performance Brands hall not be required to accept the return of any goods, unless defective within the warranty period, if at your direction of you the goods have been:

partially or entirely disassembled;
physically altered;
permanently installed, affixed or attached;
joined or added to or blended or combined or embedded within other goods or property.

Returns Procedure

Performance Brands will not accept the return of any product without prior authorisation and a RMA number issued by Performance Brands management. Once issued, RMA numbers are valid for 15 (fifteen) days within which returned products must be received by mysupplementsonline.co.za. RMA numbers will not be extended or re-issued. Customers should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.

Customers agree to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. You are required to bear the cost of shipping and insurance required for the return of the goods to mysupplementsonline.co.za. Performance Brands will not refund shipping charges, unless an error in delivery was made by Performance Brands or the product is in fact found to be defective during the warranty period.

Customers agree that all returned products for credit, replacement or refund will be 100% complete, in a resalable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer.

If any component of the returned product is missing, Performance Brands will refuse to accept the return or may impose additional charges against you for the replacement of the missing component.

Performance Brands may impose a reasonable fee should it be necessary to restore the goods in order to render it suitably fit for re-stocking.

All product returns and refunds are subject to a 15% handling fee, unless the return is warranty related

Repairs

In the case of repairs undertaken by Performance Brands, repair times given are merely estimates unless expressly agreed upon in writing by Performance Brands.

Performance Brands shall not be liable for any loss or damage of whatsoever nature which you may suffer as a result of any unforeseen costs and/or delayed repairs.

You hereby agrees that any item handed in for repair may be sold by Performance Brands to defray the cost of such repairs if you fails to effect payment of the repair cost where applicable, within 30 days’ of the repairs being completed.

Limitation of Liability

To the extent allowed by law, you agree that Performance Brands shall not be liable to you or any other person or entity whatsoever in respect of any loss or damage:

caused by or arising from any fact or circumstance beyond the reasonable control of Performance Brands;
which is consequential or incidental loss or damage; and/or
of whatever nature and howsoever arising from or in connection with the supply of goods.

Service Address and Notices

For all purposes under this agreement including giving of any notice, the payment of any amount, the service of any process and for all other purposes arising from this agreement you hereby choose the service address set out on the quotation for the order of goods.

Title and Risk of Loss

Performance Brands will arrange for the shipment of the goods ordered by you, F.O.B (Free on Board) shipping point, at which stage title to the goods purchased and risk of loss passes to you upon delivery to the carrier.

Performance Brands reserves a purchase money security interest in the goods until such time as all goods have been paid for in full. You agree to allow Performance Brands to sign appropriate documents on your behalf to permit Performance Brands to protect its purchase money security interest.

Contact details

This website is run by Performance Brandsg (Pty) Ltd based in South Africa, trading as My Supplements Online, registration number 2015/ and Director R Redelinghuis.

If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:

Enquiries

International Telephone: +27
Web site address: www.mysupplementsonline.co.za
Company e-mail: info@mysupplementsonline.co.za

Head Office

Brackenfell

Western Cape

Postal Address

Brackenfell

Western Cape

Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Performance Brands and you shall be governed by the laws of the Republic of South Africa.

Privacy

Performance Brands respects your privacy. We will not under any circumstances sell or release your information to anyone. All of the information obtained from our website will be used for processing only. The only e-mails which you will receive from Performance Brands are updates to any recent orders unless you have indicated otherwise in your preferences. 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.dfa.gov.za/department/accessinfo_act

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statement of any other site that collects personally identifiable information.

All links on Performance Brands website are intended to provide visitors with assistance in finding additional information and opinions. However, due to the ever changing nature of the industry, complex nature and personal subjective experience, reviews can become outdated or less accurate over time and even at inception and should therefore not be the sole determinate in your decision to purchase goods and should not be a substitute for conducting his/her own product research.

Product Listings

Performance Brands product descriptions are not designed or intended to replace your product knowledge, experience and/or research or that of a professional installer or licensed electrician or plumber.

Product Reviews

Performance Brands is not a forum for product reviews. Performance Brands is a private site that conducts the business of selling renewable energy related products and as such, any specifications and information posted by Performance Brands regarding products for sale must be factual. However, customer comments in regards to their experience with said products are the opinions of the user. The Customer opinion reviews are used at the discretion of Performance Brands as a marketing device for positive and constructive ways to share the benefit of the product. It is not to be used as a source for negative commentary as we cannot endorse the validity of any negative comment. Therefore, the Performance Brands site is moderated to remove any unproven biased negative comments. It is not the intention of Performance Brands to mislead the Customer and therefore all purchase decisions should not be based solely on the product review.

Competitions

You may enter the online competitions hosted by our website if you are a natural persons over the age of 18 (eighteen) years and currently residing in South Africa (being a resident or citizen); but will be excluded from entering if you are a director, partner, employee, agent, service provider, and consultant of Performance Brands , the sponsor or affiliated to its subsidiaries and its holding company, if any, or if you are the spouse, life partner, parent, child, sibling, business partner and associate of such persons.

The prize and steps required to accept the offer/participate in the completion will be posted on the website www.mysupplementsonline.co.za or relevant social media pages, which will also reflect the entry period. Any entries received thereafter will not be considered for the competition draw.

The outcome of the competition is subject to the decision of the judge, whose decision is final and no negotiation will be entered into thereafter.

Performance Brands reserves the right to redistribute all unclaimed prizes if not claimed after 3 (three) months after being given away on the website. Prizes are not transferable and may not be exchanged for cash.

Performance Brands and their sponsors reserve the right to cancel, modify or amend the competition at any time if deemed necessary in their opinion, or if circumstances arise outside of their control.

By entering the competition, you agree to accept the competition rules and to be bound by them.

No term contained herein purports to:

Limits or excludes any warranty or obligations which are implied by the Consumer Protection Act (to the extent applicable) or which Performance Brands gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
Does or purports to limit or exempt a party from any liability, including (without limitation) for any loss directly or indirectly attributable to the gross negligence of such party or any person acting for or controlled by such party, to the extent that the law does not allow such limitation or exemption.

Click here to view a copy of the Electronic Communications and Transaction Act, 2002 to print or save.

Click here to view a copy of the Consumer Protection Act, 2008 to print or save.