Terms of service

OVERVIEW
Welcome to The Audio Cave! The terms “we”, “us” and “our” refer to The Audio Cave. The Audio Cave operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). The Audio Cave is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (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 include important information about your legal rights and cover areas such as 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 [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. The Audio Cave reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Audio Cave confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as The Audio Cave may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by The Audio Cave, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of The Audio Cave, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by The Audio Cave.
The Audio Cave’s names, logos, product and service names, designs, and slogans are trademarks of The Audio Cave or its affiliates or licensors. You must not use such trademarks without the prior written permission of The Audio Cave. 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 on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
The Audio Cave 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 The Audio Cave. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Audio Cave, including any injury, damage, or loss resulting from purchased products and 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 The Audio Cave.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm The Audio Cave, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY The Audio Cave, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL The Audio Cave, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Audio Cave, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where The Audio Cave is headquartered. You and The Audio Cave consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at dave@theaudiocave.co.za.
Our contact information is posted below:
[INSERT TRADING NAME]
dave@theaudiocave.co.za
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] TERMS AND CONDITIONS

1. INTRODUCTION

1.1: This website can be accessed at www.theaudiocave.co.za and related mobi-sites and software applications (the “Website”) and is owned and operated by Lube-Line Distribution (Pty) Ltd (“Lube-Line”).

1.2: These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of goods, and the use of the Website.

1.3: By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4: All products supplied, and services offered by The Audio Cave to the Customer shall be governed strictly and exclusively on the basis of these terms and conditions of sale. These terms and conditions supersede any terms and conditions stipulated by Customer irrespective of that stipulated on a Customer’s order.

1.5: If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask The Audio Cave to explain it to you before you accept the Terms and Conditions or continue using the Website.

1. THE GOODS

Goods are defined as the subject matter of any order placed by the Customer and accepted by The Audio Cave in writing.

1. PRODUCT QUALITY, SPECIMENS & SAMPLES

3.1: Unless otherwise specifically agreed between the parties in writing, the quality of the goods is determined strictly and exclusively in accordance with The Audio Cave’s product specifications, as updated by The Audio Cave from time to time and which have been made available to the customer and further copies of which may be requested from The Audio Cave at any time.

3.2: The description in respect of the properties and composition of specimens and samples are binding on The Audio Cave only insofar as they have been specifically agreed in writing by The Audio Cave to define the quality of goods.

3.3: The Audio Cave does not warrant the suitability for any specific purpose of the goods, and in so far as permitted under the Consumer Protection Act, any product specifications or other information provided by The Audio Cave shall not relieve the Customer of the need to conduct his own investigations and tests as to the suitability and application of the goods for any particular purpose and the Customer shall have no claim against The Audio Cave if the goods are provided in accordance with the product specifications thereof but are not suitable for any particular purpose not specifically agreed to in writing by The Audio Cave before the goods were supplied.

1. PRICE

4.1: The prices displayed are inclusive of VAT. Delivery costs are charged separately on check out and do not form part of the product price displayed.

4.2: Though The Audio Cave endeavor to ensure that the prices displayed on the website are accurate, The Audio Cave is reliant on its suppliers for providing accurate pricing information and as a result it is possible that erroneous prices may be displayed from time to time. In such cases, The Audio Cave shall not be obliged to sell the product at the erroneous price and will correct erroneous prices as soon as The Audio Cave become aware of them.

4.3: As The Audio Cave’s products are primarily imported products and the prices it display for products will fluctuate with exchange rates, the displayed price on the website does not constitute any undertaking by The Audio Cave to maintain that price for any length of time. The Audio Cave will always endeavor to complete the Customer’s order at the price quoted at the time that the order was placed, but in cases of erroneous pricing or where The Audio Cave’s suppliers deplete their reserves of specially priced stock, The Audio Cave may cancel all or a portion of the Customer’s order and fully refund any advance payments that the Customer has made toward the affected products.

1. ORDERS

5.1: Orders placed by the Customer for The Audio Cave’s goods or services, shall be made in writing to the nominated domicllium of The Audio Cave.

5.2: Orders shall constitute offers to obtain The Audio Cave’s services at The Audio Cave’s prevailing fee and/or to purchase the goods in question at the prevailing prices of The Audio Cave and shall be capable of acceptance by The Audio Cave through the delivery of goods and/or provision of the services or by the written acceptance or confirmation of the order.

5.3 The Audio Cave shall not accept orders that are not written.

5.4 In the event that The Audio Cave makes delivery of the Product to the Customer in instalments, each instalment shall be deemed to be the subject of a separate contract and no delivery or delay in delivery of any such instalment shall not affect the balance of the contract or entitle the Customer to cancel the contract.

5.5: When goods are delivered in accordance with 5.4 above, payments relating to separate deliveries shall be paid on terms as contained in the credit and payment by the Customer shall not be postponed until such times as all the goods ordered have been delivered.

5.6: Should The Audio Cave at its own election and with agreement from the Customer or at the Customer’s request agree to engage a carrier to transport goods to the Customer, such carrier shall be the Customer’s agent and The Audio Cave shall engage the carrier of fair, just, and reasonable terms and conditions. The Customer indemnifies The Audio Cave against all and any demands and/or claims and/or liability which may arise or be made against The Audio Cave by the aforesaid carrier or which may be claimed by the Customer out of the transportation of the goods by the aforesaid carrier.

5.7: The Customer will be liable for payment of all fees, charges, expenses which will be invoiced by The Audio Cave to the client.

5.8: If the Customer fails to take delivery of the goods ordered due to a direct /indirect act/omission by the Customer, its employees or agents, then the risk in the goods shall immediately pass to the Customer and the Customer shall be liable to pay The Audio Cave the reasonable costs of storing, insuring and the handling of goods, until delivery takes place.

5.9: By using the Website the Customer warrant that the Customer is 18 (eighteen) years of age or older and of full legal capacity. If the Customer is under the age of 18 (eighteen) or if the Customer is not legally permitted to enter into a binding agreement, then the Customer may not use the Website to place any orders. 

1. PAYMENT

6.1: Payment in full is to be made in accordance with agreed payment terms.

6.2: In all cases where the Customer uses a postal banking, electronic or similar service to effect payment, such services shall be deemed to be the agent of the Customer.

6.3: Where payment is made by debit card or credit card, The Audio Cave may require additional information in order to authorise and/or verify the validity of payment. In such cases The Audio Cave is entitled to withhold delivery until such time as the additional information is received by The Audio Cave and authorisation is obtained by The Audio Cave for the amounts. If The Audio Cave do not receive authorisation the order for the Goods will be cancelled. The Customer warrant that the Customer is fully authorised to use the payment method for purposes of paying the Goods. The Customer also warrant that the payment method has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.

6.4: Where payment is made by direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing the order, failing which the order will lapse. The Audio Cave will not accept the order if payment has not been received.

6.5: The Customer shall not be entitled to claim set off or deduction in respect of any payment due by the Customer to The Audio Cave for goods or services supplied.

6.6: The Audio Cave may allocate all payments made by the Customer at the discretion of The Audio Cave.

1. OWNERSHIP & RISK

7.1: Notwithstanding that all risk in and to all goods sold by The Audio Cave shall pass on delivery (as set forth in clause 8) and irrespective of whether The Audio Cave may not be the distributor of the goods, ownership of all goods sold and delivered shall remain vested in The Audio Cave until the purchase price has been paid in full. In the event of a breach of these terms and conditions by the Customer, or if the Customer is sequestrated or placed under liquidation or judicial management or commits any act of insolvency or enters into any compromise with its creditors or fails to satisfy a judgment granted against it within 7 days of the date of judgment or changes the structure of its ownership, The Audio Cave shall be entitled to take possession of the goods without prejudice to any further rights vested in The Audio Cave, and is hereby irrevocably authorized to enter upon the Customer’s premises to take possession of such goods without an order of court.

7.2: The Customer shall have no claim against The Audio Cave for damages caused due to loss of profits or otherwise occasioned by the removal of goods from the Customer’s premises as aforesaid notwithstanding that such removal was effected without an order of court.

7.3: Goods in possession of the Customer bearing The Audio Cave’s name, trademarks and labels, shall be deemed to be those for which payment has not yet been made, and should any breach of these terms occur, may be repossessed by The Audio Cave as set forth in paragraph 8.1.

7.4: The Customer shall fully insure the goods purchased from The Audio Cave against loss or damage, until the purchase price has been paid in full by the Customer. Pending payment to The Audio Cave for goods purchased, all benefits in terms of the insurance relating to such goods are ceded to Lube-Line.

7.5: The Audio Cave shall be entitled to identify its goods merely by way of packaging and for other distinguishing features. The Audio Cave shall not be obliged to identify the goods by way of serial numbers or any other form of intricate identification.

7.6: In the event of Customer processing the goods before payment is made in full, The Audio Cave shall be considered a manufacturer and shall directly acquire sole title to the newly produced product. If the processing involves other materials, The Audio Cave shall acquire joint title to the newly produced product in the proportion to the value of the goods, as invoiced.

7.7: Before payment is made in full and upon request by The Audio Cave, Customer shall provide all necessary information regarding the inventory of the goods. Furthermore, upon request by The Audio Cave, the Customer shall identify on the packaging The Audio Cave’s title of ownership of the goods and shall notify its customers of assignment of its claims to The Audio Cave.

1. DELIVERY

8.1: Delivery shall be affected as specifically agreed between the parties in writing. General commercial terms shall be interpreted in accordance with the INCOTERMS in force on the date the agreement is concluded.

8.2: The Audio Cave shall have the right to defer delivery under this Agreement or any other supply agreement entered into with the Customer if and for as long as the Customer fails to pay any invoice under one or more of the supply agreements entered into with The Audio Cave when due.

1. DAMAGE IN TRANSIT

Notice of claims arising out of damage in transit must be lodged by Customer directly with the carrier within the notification period specified in the contract of carriage and The Audio Cave shall be provided with a copy of the notice.

1. BUYER’S COMPLIANCE WITH LEGAL REQUIREMENTS

The Customer shall comply with all laws and regulations regarding import, transport, storage and use of the goods.

1. LIABILITY

11.1: The Audio Cave shall not be liable to the Customer in any manner in the event of impossibility or delay of The Audio Cave supply due to circumstances entirely beyond the control of The Audio Cave, such as but not limited to those described below, and where The Audio Cave informed the Customer as soon as it became aware of impossibility or delay in the supply.

11.2: The Audio Cave shall not be liable to the Customer for goods delivered in good order and thereafter damaged in the possession of the Customer due to improper care or storage, use or application, contrary to any instructions and/or warnings provided or available for the goods, or any other direct or indirect act or omission by the Customer, its employees or agents resulting in the goods being damaged or causing harm to any person or damage to any property.

11.3: The Audio Cave shall not be liable for any harm caused by the goods to a third party if the harm caused to the third party is due to the Customer, its employees or agents providing inadequate instructions or warnings in respect of the goods to the third party.

1. NEGOTIABLE INSTRUMENTS

Acceptance of any negotiable instrument by The Audio Cave shall not be deemed to be a waiver of The Audio Cave’s rights under this agreement. In relation to a cheque furnished by the Customer, it waives its right to insist on notice of dishonour or protests being given to it in the event that the cheque is dishonoured.

1. CUSTOMER’S RIGHTS REGARDING ALLEGEDLY DEFECTIVE GOODS

13.1: The Customer must notify The Audio Cave in writing of any

13.1.1: unsuitable goods within 7 (seven) days of delivery of the goods; or

13.1.2: allegations of defective goods within 7 days of delivery of the goods or prior to the expiry of any durability dating provided thereon, whichever is earlier.

13.2: If the goods are defective and the Customer has duly notified The Audio Cave in writing in accordance with 13.1 above, then The Audio Cave has the right to either remedy the defective goods and supply the Customer with replacement goods, without accepting any liability arising out of such defective good.

1. RETURNED GOODS

The goods sold by Lube-Line are only returnable, at The Audio Cave’s sole discretion or where the incorrect goods have been supplied, the goods are unsuitable for a purpose stated by the Customer in writing to The Audio Cave and confirmed in writing by The Audio Cave to the Customer, substantially as intended in terms of Section 20 of the Consumer Protection Act, or in terms of Clause 13 above, and is such an instance the following shall apply:

14.1: Unless alleged to be unsuitable or defective at time of use as contemplated in Clause 13 above, all goods returned must be complete, clean, sealed, undamaged and in their original packaging.

14.2: The value of credit or refund for any returned goods will be calculated as per original invoice.

14.3: The Audio Cave must be notified of relevant, packing slip and batch numbers before any claim will be considered.

14.3: All goods are to be returned at the Customer’s expense and the risk in the goods remains with the Customer until the goods are received by The Audio Cave. The Customer shall be liable for a fee of 20% of the value of the invoice for all goods returned.

1. BREACH

Should the Customer fail to make any payment of any amount due on due date, or breach any of the other terms and conditions contained herein (all of which are deemed material) or commit an act of insolvency, or allow a judgment to be entered against it, or be provisionally or finally liquidated or sequestrated, or in the opinion of The Audio Cave has a cash flow problem or other financial or commercial difficulty which may in any way whatsoever negatively impact upon the ability of the Customer to comply with any of its current of future obligations in terms of this or any other contract of the Customer with The Audio Cave, then Lube-Line without prejudice to and in addition to its other legal remedies shall be entitled to cancel this contract or any unfulfilled part thereof; or to claim payment of the full price or the balance thereof as the case may be, and failing such payment, The Audio Cave is specifically authorised to repossess all unpaid for goods in the possession of the Customer.

1. LEGAL PROCEEDINGS

16.1: Regardless of the place of execution or performance under these terms and conditions or domicile of the Customer, these terms and conditions and all modifications and amendments hereof, shall be governed by and decided upon and constructed under and in accordance with the laws of the Republic of South Africa.

16.2: The Customer hereby submits to the jurisdiction of Magistrates Court, notwithstanding that the amount of The Audio Cave’s claim may exceed the jurisdiction of the Magistrates Court.

16.3: A certificate issued and signed by any member or manager of The Audio Cave, whose authority need not be proved, in respect of any indebtedness of the Customer to The Audio Cave or in respect of any other fact, including the fact that such goods were sold and delivered, shall be prima facie evidence of the Customer’s indebtedness to The Audio Cave and prima facie evidence of such other fact and prima facie evidence of the delivery of the goods.

16.4: The Customer’s physical address as given on any order, shall be recognized as the Customer’s address for receipt of notices and execution of legal documents for all purposes in terms of this agreement whether in respect of the serving of any court process, notices, the payment of any amount or communications of whatever nature. The Audio Cave’s chooses its domicilium as 7 Susan Street, Strydom Park, Randburg, 2169.

16.5: All legal costs, including attorney/own client costs, tracing agent’s fees and collection charges which may incur in taking any steps pursuant to any breach by the or enforcement of these terms and conditions.

1. ALTERNATIVE DISPUTE RESOLUTION

17.1: The Audio Cave and the Customer may agree to refer any dispute arising from or in connection with this agreement to arbitration, which arbitration shall be final and binding on both Lube-Line and the Customer and shall only be subject to Review by the High Court if one of the established grounds for review exist.

17.2: When The Audio Cave and the Customer have agreed to refer the matter to arbitration in terms of 17.1 above, in the interests of a speedy and cost effective resolution of the dispute, a short form or expedited form of arbitration shall be adopted and the rules of the arbitration shall not require that any party prepare and file any documents in a form identical to or similar to that of Court pleadings and Heads of Argument. This informality shall not detract from the onus to commence and the burden of proof which shall follow the High Court practice in this respect.

17.3: The arbitrator must be a person agreed upon by the parties and shall at least hold a tertiary qualification in the technical field of the dispute, except where the dispute relates predominantly to the interpretation of this agreement or any law, regulation, or by-law, in which case the appointed arbitrator shall have at least 20 years practical experience as an attorney in private practice or as an advocate of the High Court

17.4: Failing the agreement on the appointment of an arbitrator or the rules of the arbitration, an arbitrator must be appointed by the Arbitration Foundation of South Africa, who shall then finally resolve the dispute in accordance with the rules of the Arbitration Foundation of South Africa.

1. GENERAL

18.1: This contract represents the entire agreement between The Audio Cave and the Customer and shall govern all future contractual relationships between The Audio Cave and the Customer and shall also be applicable to all debts which the Customer may owe to The Audio Cave prior to the Customer entering this agreement.

18.2: The Customer acknowledges that it is aware that The Audio Cave’s dealers and sales persons have no authority to vary these terms and conditions of sale, and The Audio Cave assumes no liability and shall not be bound by any statements, warranties or representations made by such dealers and or sales persons, save as expressly stated in writing and signed by a manager or a director of The Audio Cave duly authorized thereto whose names are available on request.

18.3: No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, shall be of any force or effect unless expressly stated by a director of The Audio Cave. No agreement purporting to obligate The Audio Cave to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions, shall be of any force or effect, unless reduce to writing and signed by the Customer, and a director of The Audio Cave.

18.4: The Customer acknowledges that no warranties, representations or guarantees have been made by The Audio Cave or on behalf of The Audio Cave which may have induced the Customer to enter this agreement.

18.5: No relaxation or indulgence which The Audio Cave may give at any time in regard to the carrying out of the Customer’s obligations in terms of any contract shall prejudice or be deemed to be a waiver of any of The Audio Cave’s right in terms of this agreement.

18.6: The Customer shall not cede its rights nor assign its obligation in terms hereof without The Audio Cave’s prior written consent thereto.

18.7: The Audio Cave shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of this application for credit facilities including all terms and conditions to any third party with prior notice to the Customer.

18.8: The Customer undertakes to notify The Audio Cave in writing within a period of 7 (seven) days of any change of address, change in ownership, name change or any changes in information as set out in this agreement and shall likewise inform the Customer of any such changes affecting The Audio Cave.

18.9: The headings in this document are included for convenience only and are not to be taken into account for the purpose of interpreting this agreement.

18.10: Each of the terms herein shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, then the term shall be severable and shall not affect the validity of the other terms.

18.11: Provided that they do not conflict with any of the terms and conditions contained herein, such as general practices, terms and conditions applicable to the industry in which The Audio Cave conducts business shall be applicable to all dealings between The Audio Cave and the Customer.

1. FORCE MAJEURE

To the extent any incident or circumstance beyond The Audio Cave’s control (including natural occurrences, war, strikes, lock-outs, shortages of raw materials and energy, obstruction of transportation, breakdown of manufacturing equipment, fire, explosion, acts of Government, pandemics), reduces the availability of goods from the plant from which The Audio Cave receives the goods such that The Audio Cave cannot fulfil its obligations under this agreement, and The Audio Cave has informed the Customer accordingly and without delay, The Audio Cave shall:

(i) be relieved from its obligations under this agreement to the extent that The Audio Cave is prevented from performing such obligations and

(ii) have no obligation to procure goods from other sources. If the aforementioned occurrences last for a period of more than 3 (three) months, The Audio Cave is entitled to withdraw from the agreement without the Customer having any right to compensation, except for a refund of payment for any product that has been paid by the Customer and which The Audio Cave cannot deliver to the Customer as a result of the aforementioned occurrences.

1. DISCLOSURE OF PERSONAL INFORMATION

20.1: The Customer understands that the personal information given in the application form is to be used by The Audio Cave for the purpose of assessing the Customer’s credit worthiness. The Customer confirms that the information given is accurate and complete. The Customer further agrees to update the information supplied, in order to ensure the accuracy and completeness of the information given, failing which The Audio Cave will not be liable as a result of any inaccuracies or lack of completeness of information.

20.2: The Audio Cave has the Customer’s consent at all times to contact and request information from any persons, credit bureaus or business, including those mentioned in the credit application form and to obtain any information relevant to the Customer’s credit assessment, including but not limited to, information regarding the amounts purchased from the suppliers per month, length of time the Customer has dealt with such supplier, type of goods or services purchased and manner and time of payment.

20.3: The Customer agrees and understands that information given in confidence to The Audio Cave by a third party on the Customer will not be disclosed to the Customer.

20.4: The Customer hereby consents to and authorises The Audio Cave at all times to furnish credit information concerning the Customer’s dealings with The Audio Cave to a credit bureau and to any third party seeking a trade reference regarding the Customer in his dealings with The Audio Cave.

1. NATIONAL CREDIT ACT

In the event that the National Credit Act (“the NCA”) applies to any transaction between The Audio Cave and a Customer, then-

21.1: If any provision of these terms and conditions are in conflict with the NCA, such conflicting terms and conditions shall not apply;

21.2: The Audio Cave and the Customer shall conclude an agreement in compliance with the NCA and The Audio Cave shall not be obliged to deliver any goods or provide any services until such agreement is signed;

21.3: The costs and charges which The Audio Cave is entitled to recover from the Customer shall be the maximum allowed by the NCA and The Audio Cave shall be obliged to comply with the NCA before instituting any legal proceedings against the Customer.

22: CONSUMER PROTECTION ACT

The Audio Cave recognizes that its Customers may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the Customer’s rights. Likewise, the Customer recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the Customer shall perform its obligations under these terms and conditions.

23: NOTICES

23.1: Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing and if received or deemed to be received by the addressee as stipulated in 23.2 and 23.3 below.

23.2: Any notice to a party sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to it at an address chosen as its domicilium citandi et executandi to which post is delivered shall be deemed to have been received on the 7th business day after posting (unless the contrary is proved).

23.3: Any notice to a party delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its domicilium citandi et executandi shall be deemed to have been received on the day of delivery.

24: COMPLIANCE

In performing its obligations under this Agreement, the Customer undertakes to comply with all applicable laws and regulations (in particular, but not limited to, relating to antitrust and anti-corruption).

25: PRIVACY POLICY

We respect your privacy. Your details are captured using the registration or contact form pages. This typically includes your name, email, contact details, company name, company location and company details. The information is used to contact you with relevant details. The information is stored in a database as well as backups of the site. We do collect statistics on the usage of the site. This includes the usage of cookies and other tracking services. Your details will not be shared with another party. If you want to change or delete your detail you can contact us to be removed. You can also login and un-subscribe from any communications and emails.

26: CHANGES AND ACCEPTANCE OF TERMS

The Audio Cave may change the terms at any time and where this affects the Customer’s rights and obligations, The Audio Cave will notify the Customer of any changes by placing a notice in a prominent place on The Audio Cave’s website or by email. If the Customer do not agree with the change the Customer must stop using the services. If the Customer continue to use the services following notification of a change to the terms, the changed terms will apply to the Customer and the Customer will be deemed to have accepted such terms.