The use of this website and purchasing any product is subject to Terms and Conditions and set out below.
Terms and Conditions of Service
By visiting our site and/ or purchasing from Stefmia Industries or SMART-e Technologies, you agree to be bound by the following terms and conditions of service. You as a potential client or user undertake to read and ensure you understand the contents of the below Terms and Conditions of Service and undertake NOT to purchase any item or use the website without reading and understanding thereof.
Welcome to Stefmia Industries trading as PEDEGO SA as well as SMART-e Technologies trading as SMART-e and hereafter refer to as “The Companies”.
All transactions are subject to the Terms as of the date of the transaction.
Use of the website:
- The Companies reserve the right to refuse service to anyone for whatsoever reason.
- The Companies reserve the right to update or change the contents of the website.
- The user of our service cannot be a minor. Minors are not allowed to use this website.
- The user undertakes not to use or duplicate any information on this website without prior written permission by the owners of The Companies.
Part 1 Format
The following definitions and rules of interpretation apply in the terms.
Delivery: The transfer of physical possession of the Equipment to the Customer at the Site.
Customer: The person or corporate entity who is taking physical possession of the Equipment from the Supplier in accordance with the terms of this agreement.
Pedego SA, Registration no 2019/037191/07, 42 Burne Crescent, Glenashley, DURBAN, South Africa.
SMART-e, Registration no 2021/375245/07, 54 Almond Crescent, Bateleur Estate, The Rest, NELSPRUIT, South Africa
Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time.
A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
A reference to writing or written includes fax and e-mail.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Part 2 Background
The Companies are suppliers of e-bikes and accessory equipment in Africa. Before considering a product ensure you understand the need and use of it and the specifications of such, before ordering it. In the use thereof, you need to comply with any laws of the country at all times.
The information on the website is updated on a regular basis, however, The Companies cannot be liable for any omissions or errors and the product ordered may differ from the photo due to upgraded or presence.
Part 3 Products and ordering a product
- Prices are subject to change without notice and The Companies may decline an order in the event where the price has changed.
- We will not be liable in the event of inaccuracies on the website and the buyer will have no recourse due to these inaccuracies.
- The colours of an item as illustrated on the website may not be identical to the product received.
- Stefmia Industries reserves the right to change the products and other offerings as well as the price without notice.
The website indicates the product, product description, and specifications. It also indicates the selling price (which is dollar-based) at that point in time, which may change from time to time without prior notice. The product may not be in stock when visiting the website but this will then be ordered from the manufacturer as soon as possible.
Before selecting a product ensure that this will satisfy your need. Evaluate the product specifications. Once you have identified your preferred product, select it and continue to checkout. Before paying for the product, please read and understand the terms and conditions of the sale covered herein.
Payment is made when the order is placed. Payment can be done using secure payment gateways as detailed on the secure payment page on the website.
Use of goods.
- The buyer accepts that the use of the item purchased is of a dangerous nature and Stefmia Industries is indemnified against any claim resulting in the use of the product.
- The buyer and user need to familiarize themselves with the conditions of South African regulation SANS 311/2007. This includes that bikes equipped with a motor capacity of more than 250W may not use it on a public road.
- Clients and users undertake not to change or endeavor to change the preset settings on the bike.
- Clients and users undertake to act in a responsible and safe manner in the use of their bikes.
- You may not use the products for any illegal or unauthorized purposes.
Part 4 Delivery and delivery fees.
We have good news. We offer free delivery to most areas in South Africa with a few exceptions which require surcharges. Free deliveries may not apply to products offered at a discount or at special prices.
The product will be delivered in a boxed format. The weight and the dimensions will vary from product to product. The product is in a semi-assembled format and the Customer needs to do or get the final assemble done, which in such case will be for the Customer’s account.
Part 5 Delivery Process
Delivery: Delivery will be done to the address supplied when placing the order or otherwise agreed if such location is easily accessible. When the product is to be shipped, contact with the Customer will be made by the Supplier to inform such or the planned delivery.
Damaged goods or boxes: When the delivery arrives please check the boxes and if they or the goods are clearly damaged you are able to refuse the delivery. Contact us to make future arrangements.
Check breakage/faulty goods: Ensure you have checked all the packaged items and if any are damaged or broken you need to contact us within 48 hrs to return or replace the damaged goods.
Part 6 The right to cancel and return
You have full right to cancel an order for goods and starts the moment you place your order and ends 7 days from the day you ordered your goods.
Exclusions to this include:
- This does not apply to products ordered or made specifically to your specifications.
If the product does not comply with the goods ordered, it may be returned. The goods need to be in the same state as when it was delivered, unused and in the original packing. If the product has been used or you do not have the packaging, there will be a deduction from your refund to reflect the diminished value of the goods. The cost to return the goods will be for the account of the Customer.
Should the product be returned, The Companies have the right to deduct from the refund, a value that the product is worth less due to the condition it was returned in which include use, packaging or damages.
No returned merchandise will be accepted without a Return Material Authorization (RMA). Request a RMA by email at email@example.com or firstname.lastname@example.org Include your contact information and an explanation of the reason for return. We will credit you in the same manner as your original payment within 7 days of receiving the returned item.
The following items may not be returned:
Any used, damaged or unsalable items.
Please obtain a return acknowledgment code from The Companiies before returning goods.
The Companies must be informed of the decision to return the product in writing to the registered address as mentioned above or via e-mail at email@example.com
Part 7 Limited Warranty
All products supplied were carefully selected is covered by a limited warranty. For a period of 12 months after delivery of the product, The Companies warrants the product from defects of material and workmanship should the product be used as intended and serviced in accordance with the instruction manual supplied.
Although durable and reliable products are offered, the warranty covers only domestic use of such and excludes normal wear and tear. The warranty specifically excludes cases where the product was altered, modified, damaged, altered or repaired by any party excluding an authorized repair by The Companies or their agent or where the product was exposed to abuse or incorrect use and not properly maintained (as indicated in the assembly manual). The warranty applies to the original (first) Customer only and is not transferable. It also excludes unforeseen circumstances which include earthquakes, fire, lightning, accidents and flooding; and when the serial number is unreadable or changed/altered.
Your product warranty needs to be validated by registering the product within 14 days after delivery. The registration form is in the manual or an electronic copy will be supplied on request.
Should you encounter a problem, we strongly advise to refer to your manual for assistance. Do not repair the product yourself or by others as this will invalid the warranty. If the problem persists, call us for assistance.
Part 8 Data Protection and Data Processing
Part 9 Waiver
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Part 10 Rights and remedies
Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of any rights or remedies provided by law.
Part 11 Severance
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforce-ability of the rest of this agreement.
If any provision or part-provision of this agreement is deemed deleted under clause above the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
Part 12 Jurisdiction
Each party irrevocably agrees that the Magistrate courts of South Africa and have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
Part 13 Communication
Our Contact Details
42 Burne Crescent
DURBAN South Africa
Company No. 2019/037191/07
E-mail address: firstname.lastname@example.org
54 Almond Crescent
NELSPRUIT, South Africa
Registration no 2021/375245/07
E-mail address: email@example.com
Communication can be made by using the details provided
INFORMATION WE COLLECT AND HOW WE USE IT.
In order to provide our full range of services, we may collect the following types of information:
Information you provide – When you provide us your email address, sign up for an account or other service or promotion that requires registration, we ask you for personal information (such as your name, email address, and an account password). For certain services, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
Log information – When you access Pedego.co.za services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request, and one or more cookies that may uniquely identify your browser.
User communications – When you send email or other communications to Pedego.co.za, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Links – The Companies may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.
- Providing our services to users, including the display of customized content and advertising;
- Auditing, research and analysis in order to maintain, protect and improve our services;
- Ensuring the technical functioning of our network; and
- Developing new services.
You can find more information about how we process personal information by referring to the supplementary privacy notices for particular services.
CHOICES FOR PERSONAL INFORMATION
When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services may not function properly if your cookies are disabled.
The Companies only shares personal information with other companies or individuals outside of The Companies in the following limited circumstances:
- We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
- We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of PEDEGO, its users or the public as required or permitted by law.
We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.
Please contact us for any additional questions about the management or use of personal data.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. These include internal reviews of our data collection, storage, and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to The Companies employees, contractors, and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution if they fail to meet these obligations.
ACCESSING AND UPDATING PERSONAL INFORMATION
When you use The Companies services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users? personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.