TERMS & CONDITIONS
Conclusion of contracts
Contracts are concluded in the name and for the account of Pyga Industries, Pietermaritzburg, South Africa and exclusively on the basis of these general terms and conditions. In addition, the manufacturer’s license conditions enclosed with the products apply. General terms and conditions of the buyer are hereby rejected. Deviations from our contractual conditions are only effective if we confirm them in writing. A contract is only concluded with a written order confirmation (e-mail is sufficient) or with the start of the execution of the service by Pyga Industries. The buyer acknowledges the copyright protection and the warranty conditions by opening the original packaging. The order is a binding offer.
Prices / scope of delivery
All prices are only valid for South Africa. They are in ZAR. Our price information in brochures, advertisements, catalogs, on Internet websites, etc. are not binding; Prices are subject to change. We reserve the right to change prices due to changes in customs duties, import and export fees, exchange rates, etc. The goods are packaged by the manufacturer or dealer. The costs for the disposal of the packaging are to be borne by the customer. Postage and transport costs, if they arise, will also be charged separately. All costs incurred are always listed in detail before the order is placed.
We strive to ensure the best possible availability of the products offered on the website and to indicate them correctly. However, the presentation of a particular product on the website does not mean that we guarantee availability. In the event of an unfortunate overlap between orders and inventory updates, we may not be able to complete the order in full. We reserve the right to either cancel the order or only make a partial delivery. In such a case we will inform the buyer accordingly.
Terms of payment
In the case of collection and direct purchase, cash must always be paid against a receipt. Depending on the shipping method, additional costs may arise for deliveries which must be borne by the buyer. In principle, invoices are payable immediately upon receipt. In the event of default by the buyer, Pyga Industries is entitled to refuse all deliveries to the buyer, including those arising from other contractual relationships. The buyer has no right of retention unless it is based on the same contractual relationship. Delivery dates are only valid if agreed in writing. The delivery time is extended appropriately in the event of work stoppages (strike / lockout), legal and official orders (import / export restrictions), force majeure. The buyer has the right to withdraw from the sale in the event of default by the seller after setting a reasonable grace period. Further claims for damages are excluded, unless the seller has acted with intent or gross negligence.
- Purchase on account
When paying by invoice, the invoice must be paid within 10 days. Pyga Industries reserves the right to obtain credit checks on the customer and is entitled to forward customer data to third parties in this regard. In the event of default in payment, default interest of 5% per year and reminder fees of ZAR 195.- for the first and ZAR 295.- for the second reminder will be charged. In the event of default in payment, Pyga Industries is entitled to assign the claim to third parties or to entrust the collection with the resulting costs for the customer.
Retention of title
We deliver exclusively with retention of title. The delivered goods remain the property of Pyga Industries until they have been paid for in full. Ownership only passes to the customer when he has fulfilled all of his obligations from all of our deliveries. Shipping is always at the risk of the recipient.
- In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve the ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
- You are only entitled to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
- If the customer is in arrears with any payment obligations, all existing claims are due immediately.
Liability / guarantee
Replacement / accessory parts are sometimes supplied without a certificate and are only intended for racing purposes. The admissibility of their use on public roads is not part of the contractual quality. We are liable for defects in new goods within the framework of the statutory warranty. Defects are deviations in the object of sale from the operating instructions or the functionality described therein, or deviations from the conventional use of the object of sale, insofar as these deviations affect the suitability of the object of purchase for normal use. We are not liable for damage resulting from improper use, assembly, commissioning or normal wear and tear. Guarantee applications can only be processed if the purchase receipt is presented. In the case of justified complaints, which were notified 7 days after receipt, a replacement will be made. Returns, for whatever reason, must be sent to us carriage paid. Damage that occurred during transport must be reported to the Swiss Post within 7 days. Your delivery is insured by the post office up to a certain amount. Pyga Industries is under no circumstances liable for transport damage.
Guarantee Conditions from purchase date:
- PYGA Mountain Bikes – 2 years.
- Rockshox Suspension – 2 years.
Exchange / Returns
We grant all private customers an accommodating, 14-day right of return. The right of return can be exercised under the following conditions:
- Article is entitled to be returned and the product-specific return period is adhered to
The return period begins with the delivery date, after the return period has expired, the item in question can no longer be taken back and will be returned to the buyer for a fee.
- The returned items meet all of the conditions for return
- Item condition: new, clean and complete
Opening the packaging and viewing the goods is permitted (with the exception of sealed and welded items). The right of return is limited to new items and therefore expires if the goods are assembled, tested, put into use or damaged and / or show signs of use. Clothing items can be tried on, taking hygiene into account, in order to check the fit. In addition, the item must be returned clean and with all accessories, which must also be in a new condition. Clothing items are neatly folded and clean (no further use than just trying on) can be returned.
- Packaging condition: perfect
The original packaging is an essential part of the goods. The article must be returned in the original packaging and in additional, suitable shipping packaging. It should be noted that the condition of the original packaging must be perfect inside and out. In addition, if the packaging is welded or sealed, it must be unopened so that the item can be taken back. Returned goods with glued original packaging or not returned in additional shipping packaging will always be rejected.
- Opened product packaging: do not seal it yourself
Opened product packaging must never be sealed shut, as this can make it difficult or impossible to restore the goods to a salable condition. Goods that are glued shut and can therefore no longer be brought into a salable condition will be rejected.
- Item condition: new, clean and complete
- Compliance with the return procedure
In order to guarantee the smooth return of goods, the procedure described below must be followed.
Returned goods that do not meet one or more of these requirements must be returned to the buyer after paying a processing fee of ZAR 293.- for standard items or ZAR 589.- for bulky items. The buyer always bears the postage costs for returns.
How to return items
Please note the above requirements and conditions for the return of items.
To return articles that are eligible for return, please use the proforma invoice you received with your order. Mark the items to be returned and label them with “return”.
The return must be sent to the following address:
Street 23 Oldfield Business Park, 3 Haworth Rod, Mkondeni, Pietermaritzburg
If the value of the goods is less than ZAR 9769.-, please do not return by registered mail, as the processing of the return can be delayed by up to 2 weeks.
It is advisable to keep the postal tracking number of your return in order to track any problems with the shipment.
Returns with a missing supplementary sheet (proforma invoice with identification of the return items) cannot be processed and we have to return the post with the note “back to sender”.
Items that are withdrawn will always be reimbursed at the current price, up to a maximum of the purchase price using the means of payment used for the order in question. Charges such as shipping costs and payment fees are non-refundable. The processing time until the completion and reimbursement of a return is 7-14 days after we have received it.
If you have any questions please do not hesitate to contact us.
© 2020 Pyga Industries, all rights reserved.