Terms and Conditions

Terms and Conditions

  1. Introduction
    1. This website can be accessed at www.performtex.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Performtech Products (Pty) Ltd t/a PerformTex™SA (“PerformTexSA”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for PerformTex products including kinesiology tape, accessories and eBooks (“Goods”).
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of PerformTexSA; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify PerformTexSA; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask PerformTexSA to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or PerformTexSA in terms of the CPA.
    6. PerformTex™SA permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
    7. These Terms and Conditions are divided into three sections, as follows:
      1. Part A – Orders and Sales;
      2. Part B – Privacy Policy; and
      3. Part C – General Legal Terms.
  3. Returns
    1. Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  4. Registration and use of the website
    1. Only registered users may order Goods on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to PerformTexSA. You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    6. You agree to notify PerformTexSA immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised PerformTex™SA representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised PerformTexSA representative.
  5. Conclusion of sales and availability of stock
    1. Registered users may place orders for Goods, which PerformTex™SA may accept or reject. Whether or not PerformTexSA accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by PerformTexSA for the Goods.
    2. NOTE: PerformTexSA will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and PerformTex™SA come into effect (the “Sale”). This is regardless of any communication from PerformTex™SA stating that your order or payment has been confirmed. PerformTexSA will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
    4. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold PerformTexSA liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
    5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by PerformTexSA, PerformTexSA will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, PerformTexSA will notify you and you will be entitled to a refund of the amount paid by you for such Goods. 
  6. Payment
    1. Goods are for sale by PerformTexSA, must be paid for via EFT once delivery costs have been confirmed.
    2. You may contact us via email at info@performtex.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.
    3. Once you have selected your products and placed your order you accept these Terms and Conditions.
  7. Delivery of goods
    1. PerformTexSA offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
      1. courier; or
      2. self-collection.
    2. Where it accepts your order, PerformTex™SA will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
    3. PerformTex™SA’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. PerformTexSA is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
  8. Errors
    We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
  9. Vouchers & Coupons
    1. PerformTexSA may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of PerformTexSA products. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
      1. Vouchers
        1. Vouchers that are purchased by registered users are valid for 1 year after Sale. Vouchers that PerformTexSA gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
        2. Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via EFT.
        3. PerformTexSA is not responsible for any loss or unauthorised use of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.
      2. Coupons
        1. Coupons are issued in PerformTexSA sole discretion and we reserve the right at any time to correct, cancel or reject a Coupon for any reason. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
        2. As a general rule, and unless specified otherwise on the specific Coupon itself:
          1. each Coupon can only be used once;
          2. only one Coupon can be used per person per promotion/campaign on the Website;
          3. a Coupon must be used at check-out – it cannot be used later on existing orders; and
          4. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
        3. Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash.
        4. PerformTexSA is not responsible for any loss or unauthorised use of a Coupon.
  10. eBooks
    1. An “eBook” means an electronic book  capable of being opened and read on your PC or Mac computer using Adobe Digital Editions software (“Adobe Reader”), and on certain other mobile hardware devices (such as iphones and android) using Adobe Reader. Your access to any eBook purchased by you from us will be granted via a link to such eBook) (the “Link”).
    2. IMPORTANT – Limits to functionality and usage of eBooks:
      1. You will not be able to read eBooks on devices that do not support Adobe Reader, therefore check your device prior to purchasing an eBook.
      2. Even if a device supports Adobe Reader, eBooks will only be able to be read on such devices that you have associated with your profile. If you have not registered additional devices with Adobe Reader, you will only be able to read the eBook on the device onto which it was first downloaded.
      3. You will need to be connected to the internet when you download an eBook and open it for the first time.  On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device on which you first downloaded and opened the eBook.
    3. Ordering eBooks: When ordering an eBook from us, you will be ordering the right to download such eBook, if PerformTexSA accepts your order, delivery will take place electronically via the internet as described below.
    4. Delivery of eBooks:
      1. Where PerformTex™SA accepts your order, upon receipt or confirmation of payment, we will obtain your Link to the relevant eBook and deliver such Link to you via your registered email address. The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond our control (such as server availability, ADSL lines etc) and as such, PerformTexSA does not hereby undertake to make delivery within any specific time frame. However, as a guide only, delivery should occur within a few minutes, but can also take up to a number of hours. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
        1. So as to reduce the risk of fraud, PerformTex™SA limits the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud;
        2. The Link will not appear if you have removed it, or PerformTexSA has removed it pursuant to your having ‘returned’ the eBook (if possible in accordance with PerformTexSA’s Returns Policy pertaining to eBooks from time to time);
        3. PerformTexSA does not guarantee that eBooks will be available for download indefinitely and PerformTexSA accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook is no longer available for download via such Link, provided that, if you discover and report such a problem within 1 month of your receipt of the Link, you will be entitled to a full refund of the purchase price paid therefor.
      2. We do not charge any delivery fees for electronic delivery of the relevant eBook link, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred by you.
      3. Practical issues to note in utilising the Link to download the eBook:
        1. The Link will contain your unique reference number as allocated by PerformTexSA. By clicking on the Link, a small locator file, unique to you, will be downloaded and will give you access to the eBook.
        2. IMPORTANT: the locator file required in order to access the eBooks will only be downloaded IF the device you are using to click the Link is already associated with Adobe Reader (i.e. if you are using a PC or Mac to click on the Link, you must have the Adobe Reader installed on that PC/Mac. If you are using a mobile device to click on the Link, you must Adobe Reader on that mobile device).
        3. If you have any problems relating to the functionality of your Link, please report same to us at 082 477 8996 or via email to info@performtex.co.za, so that we can assist you in resolving the problem.
    5. Returns of eBooks: Please refer to our Refunds Policy.
    6. Illegal use of eBooks:
      1. All eBooks are the exclusive property of PerformTexSA and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited.
      2. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any license conditions imposed by PerformTexSA, as described on the relevant eBook’s product detail page. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.
      3. By downloading any eBook, you hereby acknowledge and agree to these Terms and Conditions. You hereby undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify PerformTexSA from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against PerformTexSA which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold by PerformTexSA.
  11. Privacy policy
    1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
      1. your name and surname;
      2. your email address;
      3. your physical address;
      4. your gender;
      5. your mobile number; and
      6. your date of birth.
    3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    5. Subject to clause 12.6 below, we will not, without your express consent:
      1. use your personal information for any purpose other than as set out below:
        1. in relation to the ordering, sale and delivery of Goods;
        2. to contact you regarding current or new Goods or services or any other goods offered by us and/or partners (unless you have opted out from receiving marketing material from us);
        3. to inform you of new features, special offers and promotional competitions offered by us and/or partners (unless you have opted out from receiving marketing material from us); and
        4. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
      2. disclose your personal information to any third party other than as set out below:
        1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
        2. to our partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
        3. to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement.
    6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
    7. We will ensure that all of our employees and partners (including their employees) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
    8. We will –
      1. treat your personal information as strictly confidential;
      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. provide you with access to your personal information to view and/or update personal details;
      4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      6. upon your request, promptly return or destroy any and all of your personal information in our possession or control.
    9. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    10. PerformTexSA undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, PerformTexSA reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    11. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
    12. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than PerformTexSA, PerformTexSA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
    13. In relation to eBooks –
      1. Adobe may collect, receive, use and share this data, but only in accordance with Adobe’s RMSDK Privacy Policy and general Privacy Policy contained at http://www.adobe.com, as amended time to time.
      2. Data, in this clause 12.13, means any information relating to a registered user including all information that could be used to identify, locate, or contact an individual, and data relating to a registered user’s use of Adobe Reader, which Adobe indicates it may collect in accordance with its Privacy Policy identified above.
      3. This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this clause 12.
  12. Changes to these Terms and Conditions
    1. PerformTexSA may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  13. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us or our partners electronically in accordance with our privacy policy as set out in clause 12 above.
  14. Ownership and copyright
    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of PerformTexSA, its advertisers and/or sponsors and/or is licensed to PerformTexSA.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at 082 477 8996 or e-mail info@performtex.co.za
    4. Where any of the Website Content has been licensed to PerformTexSA your rights of use will also be subject to any terms and conditions which that licensor imposes from time to time and you agree to comply with such terms and conditions.
  15. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst PerformTexSA takes reasonable measures to ensure that the content of the Website is accurate and complete, PerformTexSA makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
    3. PerformTex™SA disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of PerformTexSA, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, PerformTexSA also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of PerformTexSA, its employees, agents or authorised representatives. PerformTexSA thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
  16. Linking to third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and PerformTexSA is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  17. Limitation of liability
    1. PerformTexSA cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of PerformTexSA, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@performtex.co.za or by contacting 0824778996.
    2. PerformTexSA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    3. YOU HEREBY INDEMNIFY PerformTexSA AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  18. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
    2. PerformTexSA may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that PerformTexSA will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    4. PerformTexSA reserves the right, for purposes of preventing suspected fraud and/or where it suspects that you have created multiple user profiles to take advantage of a promotion or Coupon intended by PerformTexSA to be used once-off by you, to blacklist you on its database, refuse to accept or process payment on any order, and/or to cancel any order concluded between you and PerformTexSA, in whole or in part, on notice to you. PerformTexSA shall only be liable to refund monies already paid by you (see PerformTexSA’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, you can choose to stop using the Website, with or without notice to PerformTexSA.
  19. Governing law and jurisdiction 
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and PerformTexSA, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 20 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  20. Notices
    1. PerformTexSA hereby selects 127 Acacia Road, Blue Hills, Midrand 1685 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). PerformTex™SA may change this address from time to time by updating these Terms and Conditions.
    2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving PerformTexSA not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
      4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  21. PerformTexSA information
    1. For the purposes of the ECT Act, PerformTexSA’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. Full name: Performtech Products (Pty) Ltd t/a PerformTexSA, a private company registered in South Africa with registration number 2012/122466/07
      2. Main business: Importer, Distributor, Wholesaler and Online Retailer
      3. Physical address for receipt of legal service (also postal and street address): 127 Acacia Road, Blue Hills, Midrand 1685 (marked for attention: CEO and Legal)
      4. Office bearers: Leigh Baron, Tossy Raynor and Jimmy Telle
      5. Phone number: +27 82 477 8996
      6. Official email address: info@performtex.co.za
  22. General
    1. PerformTex™SA may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    3. Any failure on the part of you or PerformTexSA to enforce any right in terms hereof shall not constitute a waiver of that right.
    4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    7. These Terms and Conditions contain the whole agreement between you and PerformTexSA and no other warranty or undertaking is valid, unless contained in this document between the parties.

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