Terms & Conditions
for the online purchase of products via this website

These terms and conditions, as read with the Website Terms and Conditions and Privacy Policy, record the provisions, terms, and conditions upon which a customer may purchase online products from ATP Cool Refrigeration Products (CRP) via this website from time to time.

  1. PRICING
  • The price of each product is displayed with the product. In the event of a product being on special, this price will be displayed.
  • All prices are quoted in South Africa Rands (ZAR).
  • All prices on the website include VAT at the rate of 15%.
  • Courier costs are calculated in accordance with the region of delivery and by the weight and size of each product.
  • EO&E – Errors Omissions & Excepted – all precautions will be taken to provide correct pricing and images on this site. However, in the event that an error does occur, no liability can be held against CRP for providing such products at such pricing.
  1. COLLECTION OF PRODUCTS
  • All purchasers are made ex-works, meaning that the risk and responsibility in the products pass to the customer when the products are collected from CRP by the courier company. “Collected” means loaded onto the courier’s vehicle.
  • The products will be ready for collection within 30 days of an order being placed, taking into consideration the availability of stock.
  • Where delays and out of stock situations occur, every effort will be made to inform the customer.
  • Purchases outside the borders of South Africa will not be done via the website, and CRP must be contacted directly via michael@coolparts.co.za.
  • CRP will arrange the collection of the products from CRP by the courier company, and the cost thereof shall be in addition to the price quoted for the product, which will reflect when the customer proceeds to check out and make payment.
  • The customer is obliged to accept the products on arrival by the courier company.
  • In the event of the customer providing an incorrect delivery address for the courier or no one is present to receive the product at the time of delivery, the customer must make the necessary further arrangements with the courier company. Once the products are loaded onto the courier vehicle, CRP has completed its obligations as far as delivery is concerned.
  • Kindly note – we are unable to keep/reserve products, and the order is only confirmed once stock availability is confirmed, the courier company has confirmed it can service the specific area, and payment for the product has cleared in the bank account of CRP.
  • To protect its own and the interests of customers, CRP scrutinises all transactions very carefully to prevent attempted fraud, and a transaction may be refused if CRP is not satisfied with its legitimacy.
  1. AGREEMENT OF SALE, PRICING AND PAYMENT
  • At the time of placing the order, the transaction details are presented to the bank, and an authorisation is obtained for the amount of the order.
  • If the transaction is not authorised, the order will not proceed.
  • An agreement of sale between CRP and a customer only comes into effect if and when stock availability is confirmed, the courier company has confirmed it can service the specific area, and a credit card authorisation is received from the issuing bank.
  • CRP reserves the right to refuse to accept and/or execute an order without giving any reasons. CRP also reserves the right to cancel orders in whole or in part as circumstances dictate and without reason. In such instances, CRP shall only be liable to refund monies already paid by the customer.
  • CRP shall take all reasonable efforts to maintain correct prices. However, should an error occur and products are offered at incorrect prices, CRP will not be obliged to sell products at such incorrect prices and shall only be liable to refund monies already paid by the customer.
  • All terms of agreement are set out herein, and the customer may also request within 30 days of a transaction, via the email addresses on the CRP website, a full record of their transactions.
  1. RETURNS, EXCHANGES AND REFUNDS
  • The customer may return a product within 7 (seven) days so long as the product is part of CRP’s standard ongoing stock range. The customer must first check with CRP that the stock does form part of its standard ongoing stock range before returning it. The product must be returned in the same condition it was purchased, in its original packaging, which cannot be damaged, and in perfect working order. On receipt of the product, CRP shall inspect it to make sure it complies with its return policy. If it doesn’t, the customer will be notified, and the product will be returned to the customer at the customer’s cost. If the customer refuses to pay the courier costs to return the product, the product shall be sold to defray costs.
  • For all other products that are not part of CRP’s standard ongoing stock range, the customer acknowledges that in terms of Section 42(2)(d), (e) and/or (f) of the Electronics Communication and Transaction Act of 2002 (“ECTA”), the customer’s entitlement to return products within 7 (seven) days in terms of section 44 of ECTA, will not apply to transactions concluded via the website.
  • All refunds, replacements or repairs for defective products will be done in accordance with these terms and conditions, and in accordance with relevant legislation, for example, the Consumer Protection Act of 2008 and the ECTA (if applicable to the transaction)
  • If a customer is of the opinion that a product is defective, the customer shall effect payment for delivery of the product back to CRP. CRP will inspect the product, and if found to be defective (which defect must have occurred before the product was collected by the courier for delivery to the customer), CRP shall either repair the product or deliver, at its cost, a replacement product to the customer. If the product is not defective or the defect occurred after the original collection from CRP, the product shall be returned to the customer at the customer’s cost. If the customer refuses to pay the courier costs to return the product, the product shall be sold to defray costs.
  • Where the customer is entitled to a refund, such refund shall be effected within 30 days. Any monies due to the customer shall be refunded to the same account from which the customer purchased the product.
  1. WARRANTIES
  • Electrical parts do not carry a warranty and may only be returned in accordance with the provisions of relevant legislation (if applicable).
  • All other products are supplied with a one-year warranty from the purchase date. The customer is to notify CRP of any defects in the product within 24 hours of receiving the product.
  • The warranty excludes:
    • damage due to vandalism, improper use of the product, or for any other reasons arising whilst under the control of the customer;
    • environmental damage resulting from the product being placed in an inappropriate location;
    • water-related damage;
    • damage due to power supply issues such as lightning strikes, black-outs or other power surges;
    • damage or operational failure where the product is altered, adjusted, modified, unplugged, disconnected and reconnected, overloaded, repaired (including any attempt to repair) by the customer (which includes an agent, employee, consultant, customer, or any person under the control of the customer) or interfered with in any other way whatsoever;
    • external factors, including force majeure events;
    • misuse, negligence or failure by the customer to follow instructions for the proper use of the product.
  • Aside from the warranties set out above, no other warranty is provided with the products.
  • The customer shall elect whether to insure the product, taking into consideration that if the customer is not entitled to claim in terms of the warranty provided herein, the customer shall be responsible for the cost of a replacement product.
  1. STOCK AVAILABILITY

The stock of all products, as advertised on the CRP website, is limited. CRP shall take all reasonable efforts to discontinue the advertisement of products that are no longer available. However, should it happen that a customer pays for a product that is no longer available for sale, CRP shall only be liable to refund the monies paid by the customer where it is unable to fulfil the order.

  1. IMAGES & PRODUCT SPECIFICATIONS

All products shown on the website are for display purposes and may differ in presentation. However, all product specifications shall be as advertised unless changed to improve reliability, function or design.

  1. SECURITY
  • The customer agrees and warrants that its log-in name and password shall:
    • be used for personal or professional use only; and
    • not be disclosed to any third party not authorised to make purchases for the customer.
  • CRP takes all reasonable steps to ensure the integrity and security of its website and back-office applications.
  • Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page shall be prosecuted, and civil damages shall be claimed in the event that CRP suffers any damage or loss.
  • All credit card transactions are Secure Socket Layers encrypted and are supported by PayGate.
  1. CHANGES TO THE TERMS AND CONDITIONS OF ONLINE PURCHASES OF PRODUCTS

CRP reserves the right, in its sole discretion, to change these terms and conditions or any part thereof at any time without notice. The customer must ensure that he/she reads these terms and conditions each time he/she accesses the website to make a purchase. 

  1. DISPUTES AND DOMICILIUM
  • In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of these terms and conditions and not resolved between CRP and the customer, it shall be submitted to confidential arbitration at Arbitration Foundation of South Africa, Cape Town, in terms of the expedited rules of the Arbitration Act of 1965.
  • CRP chooses its domicilium citandi et executandi for all purposes, whether in respect of court process, notice, or other documents or communications of whatsoever nature at Unit 14 Tygerberg Junction, 31 Junction Street, Parow Industria, Cape Town, Western Cape, 7493.
  • The customer chooses its domicilium citandi et executandi for all purposes, whether in respect of court process, notice, or other documents or communications of whatsoever nature at the address provided as the delivery address.