Terms & Conditions
These Terms and Conditions ("Terms") and the Privacy Policy accessible at https://carbonblacktyres.co.za/pages/privacy-policy ("Privacy Policy") govern your access to and use of this website (referred to as the "Site"). These documents include exclusions and limitations of liability for Carbon Black Tyres and place certain legal obligations on you.
By accessing or using the Site, you confirm your acceptance of these Terms and the Privacy Policy. If you disagree with any part of these documents, please refrain from using the Site or any content, data, or services available on it.
We strongly recommend that you read these Terms carefully, paying close attention to clauses 6.4, 8, 13, and 14, as well as all bolded text. It is also advisable to print a copy of these Terms and the Privacy Policy for your records.
Introduction
1.1 The website located at www.carbonblacktyres.co.za (the "Site") is owned and operated by Landonga (Pty) Ltd. T/A Carbon Black Tyres, a company incorporated in the Republic of South Africa (registration number 2013/082266/07). Throughout these Terms, "we," "us," or "our" refers to this entity. Unless otherwise stated, we are also the seller of products available for purchase on the Site ("Products").
1.2 These Terms and the Privacy Policy apply if you browse, access, or purchase Products from the Site. They form a legally binding agreement between you and us. By continuing to use the Site, you confirm that you have read, understood, and agreed to these Terms and the Privacy Policy. If you do not agree, you must immediately stop using the Site.
Online Account
2.1 You must create an online account ("Account") to purchase Products. This process requires setting a username and password and agreeing to these Terms and the Privacy Policy by checking the ‘Agree’ box.
2.2 You are responsible for maintaining the confidentiality of your Account login details and preventing unauthorized access.
Personal Information
Any personal information you provide (as defined in the Privacy Policy) may be collected, stored, and processed in line with the Privacy Policy.
Stock, Availability, and Sales
4.1 Product availability is not guaranteed.
4.2 Placing a Product in your shopping basket does not constitute an agreement of sale. Products may be removed if unavailable during the checkout process, and we are not liable if the Product becomes unavailable.
4.3 Product specifications may change without notice, but this will not affect orders you have already placed.
4.4 We strive for accuracy in displaying Product images but cannot guarantee how they will appear on your device.
4.5 We may impose purchase limitations, restrictions, or conditions (e.g., limited offers).
Pricing
5.1 Product prices are listed in South African Rand (ZAR) and include VAT.
5.2 At our discretion, we may offer Products at prices lower than those listed on the Site.
5.3 Prices displayed on the Site apply to online purchases only.
Payments and Orders
6.1 Placing an order is considered an offer to purchase.
6.2 We will confirm your order within one business day via email, text, or another written format ("Order Confirmation"). You must verify the Order Confirmation for accuracy and notify us of any corrections or cancellations.
6.3 You can view order details by logging into your Account.
6.4 When placing an order, you confirm that:
- You are over 18 years old.
- You are authorized to use the payment method provided.
6.5 Payments must be made via credit card (Visa, MasterCard, Diners Club, or American Express) or EFT with proof of payment. Transactions are secured using industry-standard encryption.
6.6 If payment authorization is declined by your bank, the order will be canceled. Fraud checks may also be conducted.
Delivery
7.1 A reasonable delivery fee will apply if an order is canceled after dispatch.
7.2 Deliveries are made on weekdays to addresses within South Africa. Orders placed over weekends will be processed on the following Monday.
7.3 You or an authorized person must be available at the delivery address to receive the order and may need to present identification.
7.4 Additional fees may apply for repeated delivery attempts.
Ownership and Risk
8.1 Risk passes to you upon delivery.
8.2 Ownership remains with us until full payment is received.
Cancellations, Returns, and Refunds
9.1 If we cannot deliver your order within 30 days, you are entitled to a full refund.
9.2 Under the Consumer Protection Act (CPA), you may return Products that do not meet the specified type, quality, or description within 10 business days for a full refund.
9.3 Defective Products may also be returned under the CPA.
9.3.1 Products must not contain any defects, failures, hazards, or pose any safety risks (as outlined in Section 53 of the Consumer Protection Act, CPA).
Cooling-Off Period
10.1 You have the right to cancel your order without penalty or reason, in accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA):
10.1.1 Within 7 days after receiving the products; or
10.1.2 Within 7 days of receiving an updated order confirmation.
10.2 You are responsible for covering the direct costs of returning the products to us if cancellation is under this clause.
10.3 Upon cancellation, you are entitled to a full refund (excluding delivery charges). The refund will be processed within 30 days of cancellation.
Intellectual Property
11.1 All intellectual property related to this website—including trademarks, copyrights, logos, graphics, images, databases, and designs—is owned by or licensed to us.
11.2 This intellectual property is protected and cannot be copied, reproduced, published, or used without prior consent. All rights not explicitly granted are reserved.
Use of the Website
12.1 Do not engage in any actions that may compromise the website's functionality or operations.
12.2 Activities such as spoofing, hacking, flaming, cracking, phishing, or spamming are strictly prohibited.
12.3 The website and its content can only be used for lawful purposes and must not involve accessing its source code.
12.4 Use of the website is limited to personal, non-commercial purposes.
12.5 You are granted a limited license to use the website's content solely for obtaining information about us, our brands, and products. Any other use constitutes infringement.
12.6 You may not:
(i) Modify, distribute, commercialize, or alter the website or its content.
(ii) Use any part of its content in other works or publications.
(iii) Perform acts that go beyond fair use.
12.7 You may create a hyperlink to the website's homepage, provided it does not portray us or our affiliates in a false, misleading, or derogatory way. Hyperlinks must remain visible.
Advertising and Links
13.1 Hyperlinks to third-party websites do not imply any endorsement or commercial relationship. Use of third-party websites is at your own risk.
Disclaimers, Indemnities, and Limitations of Liability
14.1 These terms do not limit your rights or our liability under applicable laws, including the CPA and ECTA.
14.2 We are not liable for any direct, indirect, incidental, or consequential damages resulting from use of the website.
14.3 We do not guarantee:
14.3.1 Uninterrupted access to the website.
14.3.2 That the website is error-free, secure, or free of harmful components.
14.4 Products are not customized to meet your unique requirements unless explicitly communicated to us.
14.5 You are responsible for ensuring that products ordered are suitable for their intended general purpose.
Disputes
15.1 Unresolved disputes may be submitted to confidential arbitration under the expedited rules of the Arbitration Foundation of South Africa (link to rules).
15.2 You or we may seek urgent or interim relief from a competent court.
Updates to Terms and Privacy Policy
16.1 We may amend these terms or our privacy policy and will notify you of any changes. To continue using your account or purchasing products, you must accept the updated terms. If you do not agree, you must stop using your account and refrain from further purchases.
Our Information
17.1 In compliance with Section 43 of the ECTA, we are required to provide you with the following information:
17.2 Details about us:
17.2.1 Full business name and legal status: 4. Landonga (Pty) Ltd, trading as Carbon Black Tyres. Registration number: 2013/082266/07.
17.2.2 Registration information: Registered in South Africa under registration number 2013/082266/07.
17.2.3 Primary business activity: Online tyre retailer.
17.2.4 Physical address and contact number: Shop ALG 9-10, Corner Main Road & Kyalami Downs Shopping Centre, Kyalami, 1686.
17.2.5 Legal service address: Shop ALG 9-10, Corner Main Road & Kyalami Downs Shopping Centre, Kyalami, 1686.
17.2.6 Office contact: Switchboard Operator.
17.2.7 Web contact: info@carbon-black.co.za
17.2.8 Website: www.carbonblacktyres.co.za
17.2.9 Official email address: info@carbon-black.co.za
General Terms
18.1 These Terms and the Privacy Policy are governed by the laws of the Republic of South Africa.
18.2 If any provision in the Terms or Privacy Policy is deemed unlawful, invalid, or unenforceable for any reason, it will be severed without affecting the validity and enforceability of the remaining provisions.
18.3 The Terms and Privacy Policy represent the entire agreement between the parties.
18.4 Any leniency or indulgence we grant will not be regarded as a waiver or modification of our rights or remedies.