Refund policy

GEARDock™ — TERMS, RETURNS, REFUNDS, SHIPPING & WARRANTY POLICY

These Terms, Returns, Refunds, Shipping and Warranty provisions ("Policy") apply to all purchases made through the GEARDock™ online store ("Store", "Website", "we", "us", "our" or "GEARDock™").

By placing an order through our Website, you acknowledge that you have read, understood and agreed to this Policy, subject always to any rights that cannot lawfully be excluded or limited under applicable South African law.

This Policy is intended to operate in accordance with applicable South African legislation, including the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Protection of Personal Information Act 4 of 2013 ("POPIA"), and other applicable legislation.

Nothing in this Policy is intended to exclude, restrict or waive a consumer right that cannot legally be excluded, restricted or waived.

1. PRODUCT DESCRIPTION

GEARDock™ is a magnetic gym storage and organisation product designed to assist users in keeping selected personal items organised while exercising.

Depending on the specific product configuration, GEARDock™ may be designed to hold items such as a mobile phone, water bottle, gym accessories or other compatible personal belongings.

Product photographs, illustrations and promotional material are intended to demonstrate the product and its intended use. Minor variations in colour, texture, dimensions, packaging or appearance may occur between product batches.

Customers are responsible for determining whether the product is suitable for their intended use before purchasing.

2. IMPORTANT MAGNET & PRODUCT SAFETY NOTICE

GEARDock™ may contain strong magnets.

Customers must use the product only for its intended purpose and in accordance with the instructions supplied with the product.

The product should not be used to secure items where failure of the magnetic connection could reasonably result in injury, damage or loss.

Customers should:

  • Ensure that the magnetic connection is properly engaged before use.

  • Check the product and magnetic connection before each use.

  • Do not exceed any stated product weight capacity.

  • Do not attach the product to unsuitable, unstable, dirty, wet or incompatible surfaces.

  • Do not use the product to support a person's body weight.

  • Do not use the product as climbing, lifting, safety or load-bearing equipment.

  • Keep magnets away from magnetic-sensitive devices and items where applicable.

  • Keep magnets away from small children and pets where they could be swallowed.

  • Stop using the product if any component becomes cracked, damaged, loose or defective.

  • Do not modify, repair or alter the product without authorisation.

GEARDock™ is an organisational/accessory product and is not personal protective equipment, medical equipment, safety equipment or exercise-support equipment.

The customer is responsible for using reasonable care when attaching personal belongings to the product.

3. ORDERS

An order placed through the Website constitutes an offer by the customer to purchase the selected products.

An order is not necessarily accepted merely because the Website has received the order or because an automated order confirmation has been sent.

We reserve the right, subject to applicable law, to:

  • decline an order;

  • cancel an order where a product is unavailable;

  • correct obvious pricing or product-description errors;

  • limit quantities;

  • cancel orders affected by suspected fraud or unlawful activity; or

  • cancel orders where technical or system errors have resulted in materially incorrect information.

Where an order is cancelled by us and payment has already been received, the applicable amount will be refunded.

We will not intentionally charge a customer for a product that we are unable to supply.

4. PRICING

All prices displayed on the Website are stated in South African Rand (ZAR), unless expressly stated otherwise.

Prices may change without notice before an order is accepted.

Once an order has been accepted, the price applicable to that order will generally be the price displayed at checkout, subject to correction of an obvious error.

Where an obvious pricing error occurs, we reserve the right to cancel the affected order and refund the customer.

5. PAYMENT

Payment must be successfully received before an order is processed, unless a payment method expressly providing otherwise is offered by GEARDock™.

We do not store complete payment-card details on our own systems unless expressly stated otherwise.

Payment processing may be performed by third-party payment providers.

Customers are responsible for ensuring that their payment information is accurate and that they are authorised to use the selected payment method.

6. SHIPPING & DELIVERY

We aim to dispatch orders within the processing period stated on the relevant product page or checkout.

Estimated delivery times are estimates only and are not guarantees unless expressly stated otherwise.

Delivery times may be affected by:

  • courier delays;

  • public holidays;

  • weekends;

  • weather;

  • strikes;

  • customs or border processes;

  • incorrect or incomplete delivery information;

  • remote-area delivery;

  • unusually high order volumes;

  • events outside our reasonable control; or

  • other circumstances beyond our reasonable control.

Customers are responsible for providing a complete and accurate delivery address.

If an incorrect address is provided by the customer and additional delivery costs are incurred, the customer may be responsible for those additional costs to the extent permitted by law.

Where a shipment is returned to us because the customer provided an incorrect address, failed to collect the parcel, or otherwise caused the failed delivery, we may require the customer to pay reasonable additional delivery costs before re-dispatching the order, subject to applicable law.

7. DELIVERY DELAYS

If your order has not arrived within the applicable estimated delivery period, please contact us so that we can investigate the shipment.

Customers should provide:

  • order number;

  • full name;

  • delivery address; and

  • any relevant tracking information.

We will make reasonable efforts to investigate delayed or missing shipments.

Nothing in this section limits any rights the customer may have under applicable South African law where goods are not delivered within an agreed or reasonably expected period.

8. WRONG, DAMAGED OR MISSING PRODUCTS

If you receive:

  • the wrong product;

  • a materially damaged product;

  • a product with missing components; or

  • a product that materially differs from the description,

please contact us as soon as reasonably possible.

We may request reasonable information, photographs or other evidence to assist with investigating the issue.

Where the product is found to be defective, incorrectly supplied or damaged before delivery, we will provide the remedy required by applicable law.

We will not require unreasonable evidence or impose conditions that unlawfully restrict statutory consumer rights.

9. CHANGE-OF-MIND RETURNS

Where a customer simply changes their mind about an online purchase, any applicable statutory cooling-off rights will apply.

For qualifying electronic transactions, ECTA provides specific cancellation rights in relation to certain transactions concluded as electronic transactions.

Where a customer exercises a statutory cooling-off right, the customer must comply with the applicable requirements for returning the goods.

Where the law permits the supplier to recover reasonable return costs, those costs may be deducted or charged as permitted by law.

Nothing in this section removes any statutory right available to the customer.

10. RETURNS FOR DEFECTIVE PRODUCTS

GEARDock™ products are covered by applicable consumer protections relating to defective goods.

If a product is defective, does not perform as reasonably expected, or does not comply with applicable statutory requirements, the customer may have statutory remedies including repair, replacement or refund, depending on the circumstances and applicable law.

The CPA provides consumer protections concerning defective goods and statutory remedies.

A customer should not be denied a statutory remedy merely because:

  • original packaging is unavailable;

  • the customer cannot provide an unboxing video; or

  • the customer did not report the issue immediately,

where such requirements would unlawfully restrict the customer's rights.

11. DAMAGE CAUSED BY MISUSE

To the extent permitted by law, GEARDock™ will not be responsible for damage caused by misuse, abuse, negligence, modification, unauthorised repairs or use outside the product's intended purpose.

Examples may include:

  • exceeding the stated weight capacity;

  • deliberately overloading the product;

  • using the product to support body weight;

  • attaching it to an unsuitable surface;

  • using a damaged product;

  • modifying the magnetic system;

  • exposing the product to conditions for which it was not designed;

  • using the product as lifting or safety equipment; or

  • damage caused by ordinary wear and tear.

This provision does not exclude any statutory rights relating to defects that existed at the time the goods were supplied.

12. MAGNETIC HOLDING CAPACITY

Any stated magnetic holding capacity is dependent on the circumstances in which the magnet is used.

Magnetic performance can be affected by factors including:

  • surface material;

  • surface thickness;

  • surface condition;

  • distance between magnetic surfaces;

  • angle of force;

  • movement;

  • vibration;

  • weight distribution;

  • temperature;

  • dirt or debris; and

  • other environmental conditions.

Therefore, any advertised magnetic strength or holding capacity should not be interpreted as a guarantee that the product will safely hold a particular item in every circumstance.

Customers must ensure that items are securely attached before use.

13. PERSONAL BELONGINGS

Customers remain responsible for their personal belongings placed in, on or attached to GEARDock™.

To the maximum extent permitted by law, GEARDock™ is not responsible for loss or damage to personal property resulting from:

  • incorrect use;

  • failure to properly secure the item;

  • exceeding product capacity;

  • attaching the product incorrectly;

  • ignoring product instructions;

  • using the product while damaged; or

  • circumstances outside our reasonable control.

Customers should not use GEARDock™ to secure valuable, fragile or irreplaceable belongings where loss or damage could cause significant harm.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by South African law, GEARDock™ will not be liable for indirect, incidental, special, consequential or unforeseeable losses arising from the misuse or inappropriate use of the product.

This may include, where legally permissible:

  • loss of personal belongings;

  • loss of profits;

  • loss of business;

  • loss of opportunity;

  • inconvenience;

  • consequential property damage; or

  • losses resulting from misuse of the product.

However, nothing in this Policy excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

In particular, this Policy does not attempt to exclude liability for matters that South African law does not permit a supplier to exclude.

15. STATUTORY CONSUMER RIGHTS

Nothing in this Policy limits any right or remedy that a consumer has under mandatory South African law.

Where there is a conflict between this Policy and a mandatory provision of South African law, the mandatory legal provision will prevail.

This includes applicable rights under the Consumer Protection Act and Electronic Communications and Transactions Act.

Our policies are intended to supplement, not replace, applicable consumer legislation.

16. REFUNDS

Where a refund is legally required, we will process the refund using the applicable payment method or another lawful method agreed with the customer.

Refund processing times may depend on:

  • payment provider processing times;

  • banking processes;

  • weekends and public holidays; and

  • the customer's financial institution.

We are not responsible for delays caused solely by a customer's bank or payment provider after the refund has been successfully initiated by us.

17. PROMOTIONAL AND SALE ITEMS

Sale products remain subject to applicable consumer rights.

A discounted product is not automatically excluded from statutory protection simply because it was purchased during a promotion or sale.

Where a product is sold with a clearly disclosed limitation, used condition or other lawful qualification, that information will be disclosed before purchase.

No promotional wording is intended to remove mandatory consumer rights.

18. PRODUCT AVAILABILITY

We attempt to maintain accurate stock information.

However, stock availability may change rapidly.

If a product becomes unavailable after an order has been placed and we cannot reasonably fulfil the order, we may cancel the affected order and refund any amount already paid.

19. FORCE MAJEURE

GEARDock™ will not be responsible for delays or failure to perform obligations to the extent caused by circumstances beyond our reasonable control.

Such circumstances may include:

  • natural disasters;

  • severe weather;

  • war;

  • civil unrest;

  • government action;

  • strikes;

  • transportation disruption;

  • courier disruption;

  • internet or telecommunications failures;

  • supplier failures;

  • widespread technical failures; or

  • other events that could not reasonably have been prevented or controlled.

This section does not remove consumer rights that arise where applicable law requires a specific remedy.

20. FRAUDULENT OR ABUSIVE RETURN ACTIVITY

We reserve the right to investigate suspected fraudulent or abusive return activity.

Examples may include:

  • knowingly submitting false defect claims;

  • returning a materially different product;

  • intentionally damaging a product and claiming it arrived damaged;

  • repeated fraudulent refund claims;

  • providing false delivery information; or

  • attempting to obtain multiple refunds for the same order.

Where permitted by law, fraudulent activity may result in cancellation of future orders and/or referral to the appropriate authorities.

Nothing in this section prevents a legitimate customer from exercising a lawful statutory right.

21. CUSTOMER RESPONSIBILITY

Customers are responsible for:

  • reading product descriptions before purchase;

  • checking compatibility and suitability;

  • following product instructions;

  • using the product responsibly;

  • keeping the product away from inappropriate users where necessary;

  • inspecting the product before use; and

  • ensuring that the product is suitable for the customer's particular circumstances.

22. WEBSITE INFORMATION

We make reasonable efforts to ensure that product descriptions, photographs, pricing and other information on the Website are accurate.

However, minor typographical, photographic, colour or formatting errors may occur.

We reserve the right to correct errors or inaccuracies.

Where an error materially affects a customer's purchase, applicable consumer rights will apply.

23. REVIEWS AND USER CONTENT

Where customers submit reviews, photographs, videos or other content to GEARDock™, the customer confirms that they have the necessary rights to submit that content.

By submitting content, the customer grants GEARDock™ permission to use the content for legitimate marketing and promotional purposes, subject to applicable law.

Customers must not submit content that:

  • infringes another person's rights;

  • contains unlawful material;

  • contains personal information of another person without appropriate permission;

  • is fraudulent; or

  • is misleading.

We reserve the right to remove content that violates these requirements.

24. INTELLECTUAL PROPERTY

All trademarks, logos, graphics, photographs, product names, website designs, written content and other intellectual property belonging to GEARDock™ remain the property of their respective owners.

Customers may not copy, reproduce, modify, distribute or commercially exploit GEARDock™ branding or website content without written permission.

25. PRIVACY

Personal information supplied to GEARDock™ may be processed for purposes including:

  • processing orders;

  • processing payments;

  • arranging delivery;

  • providing customer support;

  • preventing fraud;

  • communicating with customers;

  • complying with legal obligations; and

  • other lawful business purposes.

Personal information will be handled in accordance with applicable privacy legislation, including POPIA.

Customers should review our separate Privacy Policy for further information about how personal information is collected, used, stored and protected.

26. CUSTOMER COMMUNICATIONS

By placing an order, customers agree that GEARDock™ may contact them where reasonably necessary regarding:

  • order confirmations;

  • payment;

  • shipping;

  • delivery;

  • returns;

  • refunds;

  • customer support; and

  • other matters directly relating to their transaction.

Marketing communications will be handled in accordance with applicable law and any required consent or opt-out mechanisms.

27. AGE AND CAPACITY

Customers must have the legal capacity required to enter into a binding transaction.

Where a customer is legally incapable of entering into the transaction independently, the transaction must be authorised by the customer's parent, guardian or other legally authorised person where required by law.

28. THIRD-PARTY SERVICES

Our Website may use third-party providers for services including:

  • payment processing;

  • courier and delivery;

  • hosting;

  • analytics;

  • advertising;

  • email communication; and

  • customer support.

Third-party services may be subject to their own terms and privacy policies.

GEARDock™ will not be responsible for matters that are solely within the control of an independent third-party provider, subject always to applicable law.

29. CHANGES TO THIS POLICY

We may update this Policy from time to time to reflect:

  • changes in our business;

  • changes to our products;

  • changes to our services;

  • operational improvements;

  • changes in applicable law; or

  • changes in regulatory requirements.

The latest version published on the Website will apply to future transactions.

Changes will not retrospectively remove rights that a customer has already acquired under applicable law.

30. GOVERNING LAW

This Policy and transactions conducted through the Website are governed by the laws of the Republic of South Africa.

Any dispute will be dealt with in accordance with applicable South African law and any applicable consumer dispute-resolution mechanisms.

Nothing in this section prevents a consumer from exercising a right or remedy available under applicable consumer-protection legislation.

31. CONSUMER COMPLAINTS

If you have a problem with an order, please contact us first so that we have a reasonable opportunity to investigate and resolve the issue.

When contacting us, please provide:

Order Number:
Full Name:
Email Address:
Description of the Issue:
Photographs/Videos (if relevant):

We aim to handle complaints fairly and efficiently.

If a dispute cannot be resolved directly, the customer may have the right to approach an appropriate South African consumer-protection or dispute-resolution body.

32. CONTACT INFORMATION

Business/Store Name: GEARDock™
Email: ruhanngoets@icloud.com
Website: GearDock.co.za

33. IMPORTANT LEGAL NOTICE

This Policy is intended to provide clear rules for purchases made through GEARDock™ while respecting applicable South African consumer-protection legislation.

No clause in this Policy is intended to:

  • unlawfully exclude a consumer's statutory rights;

  • mislead consumers regarding their legal rights;

  • exclude liability that cannot legally be excluded;

  • prevent a customer from exercising a lawful remedy; or

  • contract out of mandatory provisions of South African law.

Where applicable law provides the customer with a greater right than this Policy, the applicable law will prevail.