Terms of service

 

OVERVIEW

Welcome to Atleet Gear. The terms “we,” “us,” and “our” refer to Atleet Gear. Atleet Gear operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Atleet Gear is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use our Services

 

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are legally permitted to enter into this agreement under the laws applicable to you. If you are under the applicable age of majority, you may use the Services only with the consent and supervision of your parent or legal guardian.

To use the Services, including browsing our online store or purchasing our products, you may be asked to provide information such as your email address, billing details, payment information, and delivery address. You confirm that all information you provide is accurate, current, and complete, and that you have the right to provide it.

You are responsible for keeping your account details and login information secure, and for all activity carried out through your account. You may not transfer, sell, assign, or give permission for another person to use your account without our written consent.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, images, colours, sizes, and other information in our online store are accurate and up to date. However, colours and product appearance may vary depending on your device, screen settings, and other technical factors.

Product information, pricing, availability, and descriptions may change from time to time without notice. We may discontinue products or limit the quantities available for purchase, subject to applicable law.

We do not guarantee that every product will look exactly the same as displayed on your screen. Nothing in these Terms limits any rights or protections you may have under applicable South African law.

SECTION 3 – ORDERS

When you submit an order, you are making an offer to purchase the selected products. We will send an order confirmation acknowledging that we received your order, but this does not necessarily mean that your order has been accepted.

An order is accepted when we confirm that the products have been allocated for fulfilment or dispatched. We may be unable to accept or may need to cancel an order because a product is unavailable, there is an obvious pricing or description error, payment cannot be processed, delivery is not possible, or we reasonably suspect fraud or misuse. We will notify you using the contact details provided with your order and refund any payment received for products that we do not supply.

Please review your order carefully before submitting it. Cancellation requests after acceptance may not be possible, but your rights under our Return and refund policy and applicable South African law still apply.

Your purchases are subject to our Return and refund policy. Unless we agree otherwise, products are intended for personal or household use and not for unauthorized resale or export..

SECTION 5 – SHIPPING AND DELIVERY

We deliver orders to the address provided at checkout using the available delivery options shown at the time of purchase. Delivery times are estimates and may vary depending on your location, product availability, payment confirmation, and the delivery service used.

We will make reasonable efforts to dispatch and deliver your order within the stated timeframe. However, delays may occur because of delivery providers, weather, service interruptions, customs processing, incorrect delivery details, or other circumstances outside our reasonable control. If a significant delay occurs, we will provide an update where reasonably possible.

Please ensure that your delivery information is accurate and that someone is available to receive the order. Additional delivery charges may apply if an order must be redelivered because the information provided was incorrect or delivery could not be completed for reasons within your control.

We are not responsible for delays or failed delivery caused by incorrect or incomplete information supplied by you, subject always to your rights under applicable South African law.

Nothing in this section excludes or limits any rights you may have under the Consumer Protection Act or other applicable law, including rights relating to delivery, defective products, refunds, or risk.

 

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including our trademarks, brand name, text, product descriptions, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement of this content, are owned by Atleet Gear or licensed to us. This content is protected by South African and international patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. Unless permitted by law or authorised by us in writing, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from the Services.

Except as expressly stated in these Terms, nothing grants you a licence or other rights to use any patent, trademark, copyright, design, or other intellectual property belonging to Atleet Gear, Shopify, or any third party. Unauthorised use of the Services or their content may violate applicable intellectual property laws. All rights not expressly granted are reserved by Atleet Gear.

The Atleet Gear name, logo, product and service names, designs, and slogans are trademarks of Atleet Gear or its licensors. You may not use them without Atleet Gear’s prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans displayed through the Services are the trademarks of their respective owners.

 

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

We may provide access to tools, features, or services offered by third parties as part of the Services. We do not control, monitor, or manage these third-party tools.

Third-party tools are provided by their respective providers and may be made available on an “as is” and “as available” basis. We do not necessarily endorse these tools and are not responsible for their availability, functionality, accuracy, or terms of use, subject to your rights under applicable law.

If you choose to use an optional third-party tool, you do so at your own discretion. You should review and accept the relevant provider’s terms and privacy policy before using the tool.

We may introduce new features, tools, or resources through the Services from time to time. Any new features will form part of the Services and will be subject to these Terms of Service unless stated otherwise.

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SECTION 8 – THIRD-PARTY LINKS

The Services may contain links, materials, or embedded features provided or operated by third parties. These links and features are provided for convenience and do not necessarily mean that Atleet Gear endorses the third party or its products or services.

We do not control or routinely review third-party websites, materials, content, policies, or practices. If you choose to access a third-party website or use a third-party feature, you do so at your own discretion and risk.

Before entering into a transaction or providing personal information to a third party, you should review that third party’s terms, privacy policy, and other applicable policies. Atleet Gear is not responsible for third-party websites, products, services, resources, content, or transactions, subject to your rights under applicable law.

Any complaints, claims, concerns, or questions about third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Atleet Gear is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Atleet Gear. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Atleet Gear, including any injury, damage, or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Atleet Gear.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy. Please add a link to Atleet Gear’s Privacy Policy here: https://atleetgear.co.za/policies/privacy-policy

Some personal information may also be collected and processed by Shopify in accordance with Shopify’s Privacy Policy: https://www.shopify.com/legal/privacy. You should review both policies to understand how personal information is collected, used, stored, and shared.

Because the Services are hosted by Shopify, Shopify may collect and process information about your access to and use of the Services to operate, maintain, secure, and improve the Services. Information submitted through the Services may be shared with Shopify and selected service providers or partners, including providers located outside South Africa, where necessary to provide the Services and subject to applicable privacy laws.

Our Privacy Policy explains how Atleet Gear, Shopify, and our service providers may use personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise share ideas, suggestions, feedback, reviews, proposals, plans, or other content with us (collectively, “Feedback”), you retain ownership of your Feedback.

However, by submitting Feedback, you grant Atleet Gear a worldwide, royalty-free, non-exclusive licence to use, reproduce, edit, publish, distribute, display, and adapt that Feedback in any format for purposes including operating, improving, evaluating, and promoting our Services. This licence may include allowing our service providers and marketing partners to use the Feedback on our behalf.

You confirm that:

• you own the Feedback or have permission to share it with us;
• the Feedback is accurate to the best of your knowledge;
• you have disclosed any compensation or incentive received for submitting it; and
• the Feedback does not violate these Terms or anyone else’s rights.

Please do not submit confidential, sensitive, or personal information belonging to another person. We are not required to keep Feedback confidential, pay you for it, respond to it, or publish it.

We may, but are not required to, review, edit, refuse, or remove Feedback that we reasonably believe is unlawful, abusive, threatening, defamatory, obscene, misleading, harmful, violates someone’s rights, or breaches these Terms.

You are responsible for the Feedback you submit, including its accuracy and legality. Atleet Gear is not responsible for Feedback posted by you or any third party, subject to applicable law.

 

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, delivery charges, delivery times, or product availability.

We may correct or update this information when we become aware of an error. If an error affects an order you have placed, we may contact you to explain the issue and, where appropriate, offer you the option to confirm the order at the correct price or cancel the affected order. If we cancel an order after receiving payment, we will refund the amount paid for the affected products.

We are not required to update or clarify information on the Services unless applicable law requires us to do so. Nothing in this section limits your rights under applicable South African law.

 

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes and in accordance with these Terms. You must not use the Services, directly or indirectly:

• for an unlawful, fraudulent, malicious, or unauthorised purpose;
• to breach any applicable South African or international law or regulation;
• to infringe or violate the intellectual property, privacy, or other rights of Atleet Gear, Shopify, or any other person;
• to harass, abuse, threaten, defame, intimidate, or harm our staff, customers, or any other person;
• to submit or transmit false, misleading, or deceptive information;
• to send spam, chain letters, phishing messages, or other unauthorised marketing communications;
• to impersonate another person or organisation;
• to upload or transmit viruses, malware, or other harmful code;
• to copy, reproduce, extract, resell, or commercially exploit any part of the Services without our written permission;
• to collect, track, or misuse another person’s personal information without lawful authority;
• to use robots, spiders, scrapers, data-extraction tools, or automated processes to access or copy the Services in a way that could harm, overload, or interfere with them;
• to bypass or interfere with security, access controls, robot-exclusion instructions, or other measures used to protect the Services; or
• to interfere with another person’s use or enjoyment of the Services or expose Atleet Gear, Shopify, or others to harm or liability.

We may restrict, suspend, disable, or terminate access to the Services or an account if we reasonably believe that these Terms have been breached, subject to applicable law. Where reasonably possible, we will provide notice and an opportunity to address the issue.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision. 
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services. 

 

SECTION 15 – TERMINATION

You may stop using the Services at any time. We may suspend or terminate your access to the Services, or any part of them, if you breach these Terms, use the Services unlawfully or fraudulently, create a security or operational risk, or where we are required to do so by law.

Where reasonably possible, we will provide notice before suspending or terminating access. We may act without prior notice where immediate action is reasonably necessary to protect Atleet Gear, Shopify, our customers, or the Services.

Termination does not affect any rights, obligations, or amounts that arose before termination. You remain responsible for any amounts properly due up to the date your access ends.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that are intended by their nature to continue applying after termination.

 

SECTION 16 – DISCLAIMER OF WARRANTIES

Information made available through the Services is provided for general information purposes. We make reasonable efforts to keep this information accurate and up to date, but we do not guarantee that it is always complete, current, or error-free. You should use your own judgement when relying on information provided through the Services.

To the fullest extent permitted by applicable law, the Services may be provided on an “as is” and “as available” basis. We do not guarantee that your use of the Services will always be uninterrupted, timely, secure, or free from errors.

We do not exclude or limit any warranties, guarantees, or consumer rights that cannot lawfully be excluded or limited, including rights relating to product quality, safety, durability, fitness for purpose, or products that do not match their description under applicable South African law.

Nothing in these Terms affects your rights under the Consumer Protection Act or any other applicable law. Where Atleet Gear provides an express warranty or guarantee for a product, that warranty or guarantee applies in addition to your legal rights.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Atleet Gear and its directors, officers, employees, affiliates, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential loss arising from your use of the Services or from products purchased through the Services. This may include loss of profits, revenue, savings, data, business opportunities, or replacement costs.

Where permitted by law, we are also not responsible for loss or damage arising from temporary interruptions, technical problems, third-party services, inaccurate information supplied by users, or events outside our reasonable control.

This limitation applies regardless of whether a claim is based on contract, delict, negligence, strict liability, or another legal basis, and applies even if we were advised that the loss or damage might occur.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, defective products, or a breach of your rights under applicable South African law.

Nothing in this section limits any rights or remedies available to you under the Consumer Protection Act or other applicable law.

 

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to compensate Atleet Gear, Shopify, and their respective affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers for reasonable losses, damages, liabilities, and legal costs arising from a third-party claim caused by:

• your material breach of these Terms or any policy incorporated into them;
• your unlawful use of the Services;
• your violation of another person’s rights; or
• content or Feedback you submit through the Services.

This obligation does not apply to the extent that a claim was caused by Atleet Gear’s or Shopify’s own negligence, unlawful conduct, or breach of these Terms.

We will notify you of any claim for which indemnification may apply as soon as reasonably practical. A delay in notifying you will not release you from your obligations unless the delay materially harms your ability to respond to the claim.

We may manage the defence and settlement of the claim, including selecting legal counsel. We will not settle a claim in a way that requires you to admit wrongdoing or accept a non-monetary obligation without your prior written consent, which must not be unreasonably withheld. You agree to provide reasonable cooperation and relevant information needed to respond to the claim.

 

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law. If any part cannot be enforced, it will be treated as removed only to the extent necessary, and the remaining provisions will continue in full force and effect.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right or provision under these Terms, that does not mean we have waived that right or provision. A waiver is valid only if we provide it in writing.

These Terms, together with the policies and operating rules made available through the Services, form the entire agreement between you and Atleet Gear regarding your use of the Services. They replace any previous or simultaneous agreements, communications, or proposals relating to the Services, whether written or spoken.

If there is any uncertainty about how these Terms should be interpreted, they should be interpreted fairly and in accordance with applicable law. Nothing in this section limits any rights that cannot legally be excluded.

 

SECTION 21 – ASSIGNMENT

You may not transfer or assign these Terms, or your rights and obligations under them, without our prior written consent, except where the transfer is permitted by law or relates to a transaction involving your account or business.

Atleet Gear may transfer or assign these Terms, or our rights and obligations under them, to an affiliate, successor, or purchaser of all or part of our business, provided that the transfer does not reduce your rights under applicable law. Where notice is legally required, we will provide it.

SECTION 22 – GOVERNING LAW

These Terms and any separate agreement under which we provide the Services are governed by the laws of the Republic of South Africa, without regard to conflict-of-law rules.

Subject to any mandatory consumer rights or legal remedies available to you, disputes relating to these Terms or the Services may be brought before a court with appropriate jurisdiction in South Africa.

Nothing in this section prevents you from relying on any mandatory rights, protections, or dispute-resolution options available to you under South African law.

SECTION 23 – HEADINGS

The headings in these Terms are included for convenience only. They do not limit, define, or otherwise affect the meaning or interpretation of any provision.

 

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

You can review the current version of these Terms of Service on this page.

We may update these Terms from time to time to reflect changes to our Services, business practices, legal requirements, or security measures. When we make changes, we will post the updated version here and include the effective date.

If a change is material, we will provide notice by reasonable means where required by applicable law. Unless stated otherwise or required by law, changes will apply from their effective date and will not affect orders or rights that arose before that date.

You should review these Terms periodically. Your continued use of the Services after the effective date of updated Terms means that you accept the changes, to the extent permitted by law. If you do not agree to the updated Terms, you should stop using the Services.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to info@atleetgear.co.za.

Our contact information:

Trading name: Atleet Gear
Email: info@atleetgear.co.za
Business phone number: 0782495079