TERMS AND CONDITIONS OF USE
Any person who accesses this Website or relies on this Website or on the information contained therein or obtained from Cerberus tactical Outfitters (Pty) Ltd, it`s employee`s, agent`s or representative`s by any other means does so at his or her own risk.
While Cerberus tactical Outfitters (Pty) Ltd (“CTO”) takes reasonable measures to ensure that the contents of this Website are accurate and complete, CTO makes no representations or warranties, whether express or implied, as to the quality, shipping time lines, operations, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website or otherwise provided by CTO via other channels including verbal, telephonic, email, fax or any other form of communication.
All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, suitability for a particular purpose, completeness, or non-infringement, as may be allowed in law.
While CTO makes every effort to ensure that stock availability information is as accurate as possible at all times, we cannot and do not guarantee the accuracy thereof unless a physical stock check/count has been completed.
CTO does not accept any responsibility for any errors and/or omissions on this Website or any other information provided via other channels mentioned above.
In addition to the disclaimers contained elsewhere in these Terms and Conditions of Use (“Terms and Conditions“), CTO also makes no warranty or representation, whether express or implied, that the information or files available on this Website or any other electronic correspondence are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security, functionality or content of your computer system, computer network, hardware or software in any way.
Acceptance of Terms
CTO permits the use of this Website subject to the Terms and Conditions. By using this Website and/or transacting with CTO in any way, The User shall be deemed to have accepted all the Terms and Conditions unconditionally. The User must not use this Website or transact with CTO in any way or form if he/she does not agree to the Terms and Conditions.
Use of the Website
The User agrees that he/she will not use any device, software or other instrument that will interfere or attempt to interfere with the proper working of this Website. In addition, he/she agrees that they will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative. (Such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website.)
The User may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
The User may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.
Ownership and Copyright
The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trademark law and are owned by or licensed to CTO and/or their respective owners.
No licence to or right in any of such contents is granted to or conferred upon the User. Any unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact us telephonically or email email@example.com.
Linked Third Party Websites
This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and CTO is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
We respect your privacy. Should the User decide to make use of our Website, we require only such information as is required to complete registration on this Website.
It is the User’s responsibility to update any of his/her personal information that he/she provides to us as soon as it is no longer accurate and complete.
The User may choose to provide additional personal information to us, in which event he/she agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which we will use the User’s personal information are as follows: To contact him/her regarding products and/or services as requested, to inform him/her of new features, special offers and promotional competitions and to improve his/her experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
CTO will not use the User’s personal information for any purpose (Other than as stated above.) without his/her express consent. We will not use or disclose personal information to third parties without your consent, unless the use or disclosure is:
1. Required in order to comply with applicable law, order of court or legal process served on CTO, and/or
2. Disclosure is necessary to protect and defend the rights or property of CTO.
We will be entitled to disclose personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to personal information.
We will treat personal information as strictly confidential and only take appropriate technical and organisational measures to ensure that personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access.
We will promptly notify the User if we become aware of any unauthorised use, disclosure or processing of personal information; provide him/her with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request and upon his/her request, promptly return or destroy any and all of personal information in our possession or control.
We will not retain personal information longer than the period for which it was originally needed, unless we are required by law to do so, or the User consents to us retaining such information for a longer period.
Limitation of Liability
CTO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
THE USER HEREBY INDEMNIFIES CTO AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY HIMSELF/HERSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
THE USER HEREBY INDEMNIFIES CTO AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY HIMSELF/HERSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE AND/OR DEALING WITH AND TRANSACTING WITH CTO, IT`S EMPLOYEE`S, AGENT`S OR REPRESENTATIVE`S IN ANY WAY OR FORM.
Changes to the Terms and Conditions
CTO reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice to the Customer, and the Customer is accordingly encouraged to check the Website regularly. Any such change will be applicable after the change is displayed on this Website. When the Customer transacts and/or interacts with CTO after such updated or amended Terms and Conditions have been displayed on this Website, he/she will be deemed to have accepted such updates and/or amendments.
Availability and Termination
We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to the User.
CTO may in its sole discretion terminate, suspend and modify this Website, with or without notice to the User. The User agrees that CTO will not be liable to him/her in the event that it chooses to suspend, modify or terminate this Website.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. The User’s continued use of the Website will constitute his/her consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
Sale of Goods
These Terms and Conditions of Sale govern the sale of products and services (“Goods“) by CTO to the customer via the CTO Website and other channels.
General Terms and Conditions: (Applicable to all interactions with CTO.)
1. All prices are subject to stock availability and prior sale.
2. All prices are subject to R/$ exchange rate.
3. All prices are subject to change without prior notice.
4. All prices on the CTO website include VAT unless otherwise stated.
5. All prices exclude shipping unless otherwise stated.
6. All prices and goods are ex CTO, Unit 2, Skyview Retail Park, co Freda & CR Sward Dr, Randburg, South Africa unless otherwise stated.
7. While we will provide ETA`s on products and orders, due to the nature of our business we cannot and do not guarantee any lead times or delivery dates.
8. Due to the specialized nature of most of the products that CTO offers as well as logistical and compliance requirements involved in importing certain products, lead times on backordered items can take from 2 weeks to 6 months in extreme circumstances.
This is NOT the norm and we do our utmost to make sure that lead times are as short as possible, but it can happen in exceptional circumstances.
9. While we do everything in our power to ensure the accuracy thereof, Available and Stock on Hand information is an indication only and is subject to a final/physical check in our warehouse and/or with the relevant supplier(s).
10. As we work on a live inventory system, stock levels change constantly. Only confirmed orders allow us to reserve, order and allocate stock.
11. Images/photos are for illustration purposes only and may vary from the actual product(s).
12. All Pre-Worn/Used items are in working order, but may have normal use wear and tear. (Markings, scratches etc.) All Pre-Worn/Used items are sold as is. (Voetstoets.)
13. Orders are only shipped/released once CTO has received and verified payment in full.
14. CTO accepts no responsibility at all whatsoever for any damages/injury caused directly or indirectly by any product(s) or service(s) that it supplies.
15. All goods remain the property of CTO, until paid for in full.
16. 14% interest per annum will be charged on any overdue monies.
17. A 10% collection fee as well as all other related charges will be charged if account is handed over for collection.
18. CTO does not supply or sell firearms or ammunition.
19. All products purchased from CTO are to be used in the correct and lawful manner for which it was intended. It is the responsibility of the customer to ensure familiarity with the product and to adhere to all local and international laws. (Where applicable.)
Orders, Backorders and Special Orders
While we endeavour to carry stock of popular products at all times, due to the wide range of brands and products that CTO offers, it is logistically impossible to hold stock of every item all of the time.
As a result, if a customer wishes to order a product(s) that we do not have on hand and available at that time, the customer needs to place a backorder to ensure that the relevant product(s) are ordered and reserved for them.
Upon confirmation of a backorder, the customer understands that the item(s) is not currently in stock/available and CTO will order and reserve this item(s) for the customer and as a result, a waiting period applies for the backordered item(s).
CTO will endeavour to order and secure backordered stock from the supplier(s) as quickly as logistically possible.
Due to the specialised nature of many of the products that CTO offers as well as logistical and compliance requirements involved in importing certain products, lead times on certain backordered items can take from 2 weeks to 6 months in extreme, exceptional circumstances. This is NOT the norm and we do our utmost to avoid this from happening.
Full payment is required upon placement of backorders in order to confirm an order.
If a backorder is cancelled within 6 months of placement of order, a 15% admin/handling fee will be charged on the value of the goods cancelled. Similarly, a 25% admin/handling fee will be charged on cancelled wholesale orders.
No order cancellations will be accepted for available products on partially completed orders. If an order is or can only be partially completed for whatever reason(s) and the customer chooses to cancel the order, the customer is liable to accept and/or pay for (If applicable.) ordered items that are ready and available to be collected or shipped.
Payment for orders via the CTO Website can be made via the following methods:
1. Direct Bank Deposit or Electronic Funds Transfer. (EFT)
In this event CTO will not action an order until a valid proof of payment has been received and verified.
2. Credit and Debit Card.
CTO accepts the following payment methods In Store:
1. Direct Bank Deposit or Electronic Funds Transfer. (EFT)
In this event CTO will not action an order until a valid proof of payment has been received and verified.
2. Cash. For large transactions we may request that the customer deposits the cash directly into our bank account and provides us with the bank deposit slip.
3. Credit and Debit Card.
• Discounted/wholesale orders can only be paid for via Direct Bank Deposit, EFT or Cash. (Not Credit Card or Debit Card.)
• CTO does not accept cheques or any other forms of payment other than the abovementioned.
Shipping and Collections
CTO makes use of the following shipping options within the Republic of South Africa:
Collection/Own Courier: Customers may select this option should he/she choose to collect or have their Goods collected from the CTO premises in Boksburg, Gauteng.
Please note that unless special arrangements have been made in writing, orders not collected or paid for within 2 calendar months of being notified thereof will be cancelled, stock will be sold and an additional 25% admin/handling fee will be charged to defray costs.
CTO cannot be held responsible for orders cancelled due to incorrect contact details being provided by the customer. Please ensure that your contact details are up to date with us at all times.
Courier/Postal Service: Customers may select to have the Goods shipped via door-to-door courier service or postal services. Once the order is complete and the Goods are shipped, the customer will receive a tracking number as well as relevant tracking information.
Special Arrangements: We are happy to make special shipping arrangements to meet customers’ specific needs and requirements. Please contact us to arrange this.
Returns and Refunds
CTO will not accept any returns unless it falls under a valid Damaged Goods or Warranty Claim.
All returns will be considered solely at the discretion of CTO.
All goods being returned under a valid warranty claim must be accompanied by a Return Merchandise Authorisation (RMA) Number. In order to get a RMA Number, you need to complete a RMA form. Should you require one, please contact us and request a RMA Form.
If the Goods have been approved for return, we will notify the Customer, provide an RMA Number and make arrangements for the return of the Goods.
If the Customer is returning Goods via courier or post office please package it carefully so that it does not become damaged en route. All Goods being returned to CTO must be in its original packaging and resalable condition when we receive the goods.
If Goods are returned under a RMA number and a warranty claim is authorised, one of the following will take place:
Repair: If possible, CTO will repair the damaged item.
If an item is deemed to have been damaged by anything other than a manufacturer`s defect, if possible, CTO will quote the customer on repairing the item. The customer is not obligated to accept the quotation.
Swop-out: At the discretion of CTO the damaged/faulty Goods may be replaced with an exact same make and model. If no stock is available at that time, another item may be ordered. An alternative may also be offered to the customer.
Store Credit: The Customer may choose to have the value of the Goods credited to his/her CTO account and use the store credit for future purchases. Should the Customer choose this option, a handling fee of 10% of the value of the goods returned will be charged to the customer`s account.
Refund: The Customer may choose to have the value of the damaged Goods refunded. Should the Customer choose this option, he/she will be liable to pay a handling fee of 10% of the value of the goods returned. No refunds will be processed without a completed Refund Request Form (“RRF”) being received. Please contact us and request a RRF.
Refunds may take upto 21 working days from receipt of a completed RRF. Refunds larger than R20 000.00 may take longer. CTO cannot be held responsible for incorrect banking details provided by the Customer on a RRF Form and recovery of incorrectly paid refunds is the responsibility of the customer.
All refunds requested on returned items are subject to a 10% handing fee, which will be deducted from the amount to be refunded. Returns will be accepted solely at CTO Management's discretion provided that items are in new and saleable condition, in the original packaging with all tags and labels attached and intact. We reserve the right to refuse returns on Special Order items.
If a refund is requested on a cancellation of an order, a 15% admin/handling fee will be deducted if the order is cancelled within 6 months of placing the order. CTO reserves the right to refuse an order cancellation or charge a higher Cancellation Fee on Special Order item(s) cancellations.
CTO is committed to offering quality products that are covered by a warranty against manufacturer’s defect and not use and abuse. We reserve the right to inspect any warranty claim and reject claims which do not fall under a valid manufacturers defect claim.
While we wish to offer the best service possible to our customers, due to the nature of the products we supply any problem reports/claims made after 24 hours of sale/receipt of the product(s) will not be valid and in exceptional circumstances will be considered solely at CTO’s