Terms and Conditions
ONLINE TERMS AND CONDITIONS
ONLINE TERMS AND CONDITIONS
The offer and sale of products with the brands "DIESEL" or the like (the "Products"),
marketed distributed and/or sold by Reviva Technology Proprietary Limited, registration
number 2004/004006/07 of 160 Gunners Circle, Epping Industria, Cape Town, South Africa
("Seller") as the exclusive distributor of the Products for and on behalf of DIESEL S.p.A., with
registered offices in Italy, via dell'Industria 4-6, Breganze 36042 ("Diesel Principal"),
through the diesel.co.za web site (the "Site") are governed by these general terms and
conditions ("General Terms and Conditions"). For the avoidance of doubt, the Diesel
Principal does not and will not have any control over the Site.
The Business Policy of the Seller
The Seller offers Products for sale on the Site and makes available its e-
commerce business services exclusively to its end users, which are
qualifiable as "consumers" (users of the Site hereinafter referred to as
"Buyers" and each of them "Buyer"). The term "consumer" shall mean any
individual who is acting for purposes which are outside of trade, business or
professional activity, on the contrary, the term "professional" shall mean any
individual who is acting for purposes connected to the above mentioned
activities.
If the potential Buyer, does not fall under the legal definition of "consumer"
but, on the contrary, can be qualified as a "professional", according to clause
1.1, the same is advised to refrain from entering into commercial
transactions on the Site.
In view of its commercial policy, the Seller reserves the right not to process
orders from Buyers who are not "consumers" and/or, however, any other
order which does not comply with its trade policy and/or is not in line with
the provisions hereinafter.
These General Terms and Conditions regulate the relationship between each
Buyer and the Seller, with reference to the offer, transmission and
acceptance of purchase orders addressed to the Seller through the Site.
These General Terms and Conditions do not regulate the supply of services
or the sale of products performed by third parties other than the Seller who
is given visibility on the Site through links, banners or other hypertext links.
Before submitting orders and purchasing products and services from these
third parties, we recommend that the Buyers carefully verify the General
Terms and Conditions, since the Seller shall under no circumstances be
deemed liable for the supply of services and/or sale of products provided by
third parties and/or, in general, the execution of e-commerce transactions
between the Buyers of the Site and third parties
- How to enter into a contract with the Seller
The Orders cannot be performed by minors and people with incapacity. The
Buyer, in order to conclude the contract with the Seller to place an Order for
the purchase of one or more Products on the Site (the "Contract"), will
proceed by filling out the order in electronic format and as directed, (the
"Order Form"), to be displayed to the Buyer and by forwarding this form to
the Seller immediately before the conclusion of the Contract, electronically,
following the instructions that will be reported in the different driving
phases at the conclusion of the Contract.
Before proceeding with the purchase of Products, through the submission of
the Order Form, the Buyer will be asked to carefully read the General Terms
and Conditions and specifically the Returns Policy. Furthermore, the Buyer
will be presented with a list of the commercial and contractual conditions
proposed by the Seller for the purchase of Products, which contains a cross
reference to the General Terms and Conditions together with a summary of
the data shown subsequently which data may include: main characteristics
of each product - object of the Orders - with an indication of the selling price
in ZAR (inclusive of all applicable taxes and fees); methods of payment
which the Buyer may use to purchase the Products; methods of delivery of
the Products; methods of processing and handling of complaints by the
Seller; shipping costs and delivery of the Products; the date by which the
Seller undertakes to deliver the Products. The Seller shall also provide to the
Buyer a summary of conditions and procedures for exercising the right of
return, as well as the manner and the time frame for returning the
purchased Products as set out and subject to the subject to the Returns
Policy. The Buyer will also be informed of the circumstances in which the
same can exercise its right to terminate the Contract. When all the
conditions are met as set out in the Returns Policy, the Buyer will be charged
for the return costs. Please note that we cannot accommodate in store
exchanges, refunds and returns. We are working on a solution for this.
Exchange Availability :Exchange requests are subject to stock availability at the time the replacement order is processed and released for fulfilment. While we will always do our best to fulfil your requested item and size, submitting or approving an exchange request does not reserve the replacement stock, as your original item must first be returned to our warehouse and processed before the exchange can be released. Stock availability may therefore change during this process.
If the requested replacement is no longer available when your exchange is processed, we will contact you to discuss the available options. This may include selecting an alternative item, receiving an online gift card, or receiving a refund, depending on the circumstances and the applicable brand Returns Policy and Terms & Conditions. We understand that this may be disappointing and will always endeavour to provide the most suitable available solution.
The Order Form will provide brief information about the main
characteristics of each product purchased, its price (including all applicable
fees and taxes) and shipping costs (including any additional costs incurred
for having opted for a specific type of shipment and different and/or faster
delivery, if applicable, than that defined by the Seller as "standard"). The
Contract is deemed completed upon receipt, by the Buyer, of the Order
confirmation sent by the Seller electronically, after the Seller will have
verified the correctness of all the information contained in the Order Form
completed by the Buyer.
Once received by the Seller, the Order Form will be filed in the Seller’s database for the time required to process the Orders, and in any case always in accordance with the law. The Buyer may access the Order Form, referring to "My order" section (if applicable).
When submitting the Order Form, the Buyer will be notified that such submission implies the obligation to pay the price quoted. Before submitting the Order Form, the Buyer will be required to identify and correct any errors related to personal data; in any case, it is recommended to print and keep the Order Form.
English is the language used for the Contract with the Seller.
At the conclusion of the Contract, the Seller will process the Order to execute the Contract thereof.
The Seller may not process Orders that do not provide sufficient guarantees
of solvency and / or which are incomplete or incorrect, or in the event that
Products ordered are no longer available. In the above cases, the Seller will
inform the Buyer by e-mail, that the Contract may not be fulfilled and
therefore the Seller cannot carry out the Order, specifying the reasons. In the
event the Products displayed on the Site, are no longer available for sale
when the Buyer last accesses the Site or at the time the Order Form is
transmitted, the Seller must inform promptly, and in any case within thirty
(30) days from the day after the date of receipt of the Order, of the
unavailability of the Products included in the Order. In these cases, if the
Buyer had already submitted the Order Form and paid the relevant price,
the Seller will refund the Buyer the amounts paid by the latter and the
Contract will be terminated. The Seller will not be required to reimburse any
other amount to the Buyer, for any reason.
By submitting the Order Form, the Buyer automatically accepts
unconditionally and agrees to observe the General Terms and Conditions
during its relationship with the Seller. If Buyer does not agree with any of
the terms in the General Terms and Conditions, the Buyer should refrain
from forwarding the Order Form.
By submitting an Order Form the Buyer expresses its acknowledgment and
acceptance of the General Terms and Conditions as well as any further
information of any kind contained on the Site, even if referred to through
links, including but not limited to: the conditions of Use, the Privacy Policy,
Data Protection Policy and the Code of Ethics (if applicable) and Returns
Policy.
Once the Contract has been entered into, the Seller will send to the Buyer
through electronic mail a confirmation receipt of the Order.
Purchase Price and Product Guarantee
Only original Products are offered for sale on the Site and the Seller does not sell second-hand Products on the Site, products not in conformity, flawed Products and/or otherwise Products that fail to meet the quality standards in the corresponding market.
Notwithstanding the above, the Buyer acknowledges that the Seller is not the manufacturer of the Products, the Seller does not provide any guarantee as to the quality and suitability of the Products and accordingly the Seller shall have no liability (other than a potential acceptance of return in accordance with these General Terms and Conditions and the Returns Policy) towards the Buyer for any defective or faulty Products.
The main characteristics of the Products are shown on the Site on each
"Product Page". The images and colors of Products offered for sale on the
Site may not correspond to the actual products delivered for reasons which
cannot be attributed to the Seller and, in any case, due to the Internet
browser or any device used by the Buyers; The Seller expressly disclaims all
responsibility and liability and the Buyer waives any claims it may have
against the Seller in this regard.
The offers of Products on the Site, and the related prices, are applicable as
long as are visible on the website and while stocks last. The Seller reserves
the right to vary the catalogue of Products at any time and without notice.
The Seller is not required to avoid the impact of the Products variations on
possible choices in progress and for orders not yet concluded. Possible
variations in price will be applicable also to Products already placed in the
cart for purchases not yet concluded before such variations.
The purchase requests from Countries not included among those displayed
under the section "Select your country" will not be accepted by the Seller.
- Payment and ownership of Products
For the payment of purchase prices of Products and relevant shipping and delivery costs, the Buyer may choose between one of the procedures indicated on the Order Form or during the order process.
In case of payment by credit card, all financial information (for example, the credit / debit card number or the expiration date) will be sent by encrypted protocol to third parties, which provide remote electronic payment services, without third parties to have any access thereto. This information will not be used by the Seller except for performing the procedure relevant to the proper fulfilment of the Order and for issuing refunds in case of any refunds of Products, as a result of exercising the right of return on the part of the Buyer and subject to the Returns Policy, or if it becomes necessary to prevent or report to the police fraud on the Site. In any case, all personal data provided by the Buyer will be processed by the Seller in compliance with the "Privacy Policy" section.
The price for the purchase of Products and the shipping costs, as indicated in the Order Form, will be charged to the Buyer’s bank account upon shipment of the Products purchased.
For the avoidance of doubt, ownership of the Products shall at all times remain vested in the Seller up until such time as the purchase price for the Products have been paid in full (to the satisfaction of the Seller).
Voucher codes are not applicable on promotion/sale items.
Product shipping and delivery
The Seller will deliver the Products ordered to you via courier.
Where it accepts your order, the Seller will deliver or will procure that an authorized third party or will deliver the Products to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment ("Delivery Period"). The Buyer will be notified if the Seller is unable to deliver the Products during the Delivery Period. The Buyer may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Products. If you elect to cancel your order, we will reimburse you for the purchase price paid for the Products.
The Seller’s obligation to deliver any Products to you is fulfilled when delivered at the physical address nominated by the Buyer for delivery of the Products.
If the Buyer finds that any Products ordered were not successfully delivered or omitted from the delivery as per this paragraph 5, the Buyer must notify the Seller in writing within 2 days of the date on which the remaining Products were successfully delivered.
The Seller shall following receipt of a notification as aforesaid verify the information provided by the Buyer against the delivery records of the Seller. If determined by the Seller that all Products ordered were indeed not successfully delivered, the Seller will process and deliver such non-delivered Products as soon as reasonably possible.
- Changes to these General Terms and Conditions
The Seller may, in its sole discretion and without notice to the Buyer change any of these General Terms and Conditions at any time. Should the Buyer not be satisfied with any part of the General Terms and Conditions, the Buyer is advised to refrain from entering into commercial transactions on the Site.
Any such changes to the General terms and Conditions will apply to the use of the Site after the change is displayed or published on the Site. The use of the Site after the date on which the changes are displayed will be deemed acceptance of the amended General terms and Conditions
Electronic communications
By transacting on the Site, you consent to receiving electronic communications from us or any member of the group of companies of which we form part and/or our partners in accordance with our "Privacy Policy" section.
Data Protection
For terms regulating data management and protection, please refer to our Privacy Policy and Cookie Policy which are incorporated herein by way of reference.
- Limitation of Liability
The use of the Site is entirely at the Buyer’s own risk and the Seller expressly disclaims and shall not be held liable liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the Buyer’s access to or use of the Site and/or any content therein unless otherwise provided by law.
The Seller shall not be liable for any direct, indirect, special or consequential damages which the Buyer may suffer from or arising out of any cause whatsoever and the Buyer hereby indemnifies the Seller from any claims for damages or losses arising from or linked in any way to the Buyer’s use of the Site.
Abuse or attempted abuse of the Gift voucher in contravention of these Terms and conditions may amount to theft and will be dealt with harshly. Without Prejudice to any other remedies it may have, Diesel reserves the right to suspend or Terminate your Gift voucher if you are suspected of breaching these Terms and conditions
- Circumstances beyond the Seller’s control
The Seller shall not be liable to you for any breach or delay in the performance of a Contract
or processing of an Order Form attributable to any cause beyond the Seller’s reasonable
control, including without limitation any act of God or natural disaster and unavoidable
incident, actions of third parties, riots, civil commotion, war, hostilities, warlike operations,
national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent
authority, strikes or combinations or lock-out of workmen or the any cause similar to or
having the same effect as the causes stated in this clause 10 regardless of whether the
circumstances in question could have been foreseen.
- Governing Law and Jurisdiction
This Site is hosted, controlled and operated from the Republic of South Africa and therefore
governed by South African law and the Buyer submits to the jurisdiction of the South
African courts.
DIESEL South Africa – General Lead Generation Competition Terms & Conditions
Entry
Licensed to Reviva Technologies (Pty) Ltd
Introduction
1.1 Entry into any Diesel South Africa (“the Promoter”) lead generation competition (“Competition”) constitutes
acceptance of these Terms and Conditions.
1.2 These Terms and Conditions apply to all Diesel South Africa promotional “Sign Up and Win” or “Lead Generation”
campaigns, unless otherwise stated in specific campaign materials.
1.3 Each individual Competition will specify its own prize(s), duration, and closing date in the promotional or
advertising material.
Eligibility
2.1 The Competition is open to residents of South Africa aged 18 years or older.
2.2 Employees, agents, and representatives of the Promoter, its holding companies, affiliates, subsidiaries, advertising
and promotion agencies, and their immediate family members are not eligible to enter.
2.3 The Competition is free to enter and no purchase is necessary.
Entry Requirements
3.1 To enter, participants must complete the sign-up process as directed via the applicable Diesel South Africa lead
generation advertisement or landing page (for example, https://diesel.co.za/newsletter/).
3.2 A valid email address is required to participate.
3.3 Only one entry per valid email address will be accepted per competition period. Multiple entries using different
email addresses or automated methods will be disqualified.
3.4 The Promoter reserves the right to reject any entry that does not comply with these Terms or that is deemed
inappropriate, fraudulent, or incomplete.
3.5 The Promoter accepts no responsibility for any technical malfunction, network failure, or other event outside its
control that results in entries not being properly received.
Winner Selection and Prizes
4.1 Winners will be selected by random draw or another method as communicated in the competition announcement.
4.2 The number of prizes and their nature (e.g., vouchers, products, or other items) will be specified in the
promotional material for each Competition.
4.3 The Promoter reserves the right to substitute a prize with an alternative of equal or greater value should
circumstances beyond its control make this necessary.
4.4 Winners will be notified via the contact details provided (email and/or telephone) within a reasonable period after
the closing date.
4.5 Winners must confirm their acceptance of the prize within seven (7) days of notification. Failure to do so will
result in forfeiture, and an alternate winner may be selected.
4.6 Prizes are non-transferable, non-exchangeable, and cannot be redeemed for cash.
4.7 The Promoter may require proof of identity, age, and/or eligibility before awarding any prize.
Data Protection and Privacy
5.1 By entering the Competition, entrants consent to the Promoter processing their personal data for the purposes of
administering the Competition, contacting winners, and for future Diesel South Africa marketing communications
(subject to opt-in consent).
5.2 Personal data will be handled in accordance with the Promoter’s Privacy Policy (https://diesel.co.za/privacy-
policy/) and the Protection of Personal Information Act (POPIA).
5.3 Entrants may opt out of marketing communications at any time by using the unsubscribe link in any email or by
contacting info@diesel.co.za.
General
6.1 The Promoter reserves the right to amend, suspend, or cancel any Competition, or these Terms and Conditions, at
any time without prior notice if circumstances beyond its reasonable control make this unavoidable.
6.2 The Promoter’s decision regarding all matters related to the Competition is final and no correspondence will be
entered into.
6.3 The Promoter shall not be liable for any loss, damage, injury, or disappointment suffered by any entrant as a
result of entering any Competition or accepting a prize, except where such liability cannot be excluded by law.
6.4 The name of the winner(s) may be published on Diesel South Africa’s official website or social media channels and
will be made available upon request for 30 days after the competition period by contacting info@diesel.co.za.
6.5 These Terms and Conditions are governed by the laws of the Republic of South Africa.