Terms & Conditions of Use

 

This Website is a transactional site whereby consumers may purchase tyres, wheels and installation and other services that will be delivered at selected physical locations. We do not deliver any goods or services at locations other than those specified herein. By asking you for your address anywhere on this Website, we do not offer nor represent that the goods and services purchased via this Website will be delivered at said address.

 

1.    Who We Are

 

Blackcircles was Founded in 2001 in the United Kingdom, since then it has taken the tyre industry by storm pioneering the way that motorists buy tyres. We work hard to deliver the best brands at competitive prices, whilst offering a team of experts available to looking after customer needs at every step of the process, pre and post-sale. Blackcircles has now launched a Franchise in South Africa, which is owned by Sumitomo Rubber South Africa (Pty) Ltd. and will be run as a separate division.

 

The South African online tyre shopping platform blackcircles.co.za is dedicated to simplifying the tyre buying process so that consumers can research and purchase tyres, as well as schedule an installation appointment. Customer experience is at the heart of our growth, as we consistently engage with customers to ensure we continue to develop our already much praised business model. Our ethos of unparalleled customer service has seen Blackcircles grow from humble beginnings to become the UK’s leading online tyre retailer, we are confident in achieving the same success in South Africa.

 

We are a company legally registered in South Africa under the name “Sumitomo Rubber South Africa (Pty) Ltd.” and having our principal place of business at The Old Factory Building, Lion Match Office Park, 892 Umgeni Road, Durban, Kwa-Zulu Natal, South Africa.

 

Please remember that throughout the present document when we use the words  “we”, “us”, “our” or “Company” we mean Sumitomo Rubber South Africa (Pty) Ltd. Trading As Blackcircles South Africa. When we refer to “you” we mean the user of our website.

 

2.    About These Terms and Conditions

 

You are reading the terms and conditions for the use of www.blackcircles.co.za (hereinafter referred as "this website").  Your acceptance of these terms and conditions constitute a legally binding contract between us and you. By using this website, you accept these terms and conditions as of the date of your first use of this website. If you do not accept the terms and conditions or any part of them, you must stop using this website immediately.

We reserve the right to make changes to these terms and conditions from time to time, which will take effect from the date of posting such changes on this website. Your continued use of this website will constitute your acceptance of any changes to these terms and conditions. We recommend that you consult the present page before each use of this website in order to remain up to date with our terms of use.

We may, from time to time, display additional terms and conditions on this website, for example in connection with a specific promotion or in connection with the sale of goods or services. If the terms and conditions for use of this website should conflict in any way with such additional terms, then the additional terms will prevail.

We reserve the right to terminate your access to the Website, temporarily or permanently, at our entire discretion even if access is still granted to others. Any access by you after it has been terminated, whether through the account of a third party, by using false information or in any other manner will be considered a breach and legal procedures in damages and injunctions may be filed against you.

 

3.    Local Partners

 

All local partner dealerships and approved installers are independent contractors and not agents or employees of Sumitomo Rubber Industries (Pty) Ltd Trading As Blakcircles South Africa assumes no liability for any damage to your vehicle, wheels or tyres resulting from the rendering of service or for personal items left in the vehicle. Any claims for damage to the property must be submitted to the servicing provider directly.

 

4.    About Linking by Hypertext to our Website

 

Before providing a hypertext or a link to this website you must seek our permission. To do this, e-mail support@blackcircles.co.za with details of the URL which you wish to link to this website and the URL of the page on which you will be displaying the link. We do not permit the display of any web pages which form part of this website unless we have expressly authorized such display in writing.

 

5.    About Copyright and Relevant Rights in our Website

 

For the purposes of these terms and conditions, the expression “Website Information” means the images, graphics, text, applets and scripts operating, operating in, or which form part of, this website.

 

All intellectual property rights (including, without limitation, copyright) in the Website Information are owned by the Company.

 

You may view Website Information in a web browser for private browsing purposes only. Copying Website Information into a computer cache or storage device for private or off-line browsing purposes is also permitted. You may not make a copy of the Website Information or any part of it for any other purpose without our prior written consent, which may be granted at our sole discretion (or where we do not own the copyright, we will direct you to the owner themselves for such consent). Nothing in these terms and conditions or on this website constitutes a license to use or copy the Website Information.

 

We may publish on this website images or text in which the copyright is not owned by us or which is not owned completely by us. Where this is done, and where practicable, we acknowledge the copyright owner.

 

6.    About Trademarks in this Website

 

We use the following trademarks on this website which are owned by Blackcircles.com limited:

- Blackcircles

- Blackcircles.co.za

- Blackcircles South Africa

- Click & Fit Tyres

 

We may also use some trademarks on this website which are not owned by us. Where practicable, we acknowledge the relevant trademark owners.

 

7.    Further Information About our Liability to You

 

The Website Information is provided “as is” and we make no representation, endorsement or warranty as to its accuracy.  We will not be liable for any action taken (or not taken) in reliance upon the Website Information and such action is taken entirely at your own risk. We reserve the right to make any changes to the Website Information without notice and without liability to you. 

External websites to which we provide hypertext links are not under our control and we take no responsibility for them and shall not be liable in any way for their content.

This website, like any other, is susceptible to cyber-squatting and vandalism. We do not accept any responsibility for, nor liability in respect of, any information which appears on this website as a result of such actions.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL WARRANTIES, STATUTORY OR CONTRACTUAL, NOT OTHERWISE SET FORTH HEREIN, AND MAKE ALL PURCHASES AT YOUR OWN RISKS AND PERILS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, SUPPLIERS, EMPLOYEES, SHAREHOLDERS, DIRECTORS OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

The operation of this website depends on the input of information by you. The service provided by us depends on, and varies according to, the accuracy of such inputted information. We can therefore accept no responsibility for, nor any liability in respect of, the input of inaccurate information to this website by you and/or any third parties.

 

Should you find any inaccurate information on this website or have any complaint about what we have published on this website please send an e-mail to  support@blackcircles.co.za. We will investigate such information on receipt of your e-mail and take such action which we, in our sole discretion, determine as being appropriate having regard to all the circumstances.

8.    Image disclaimer

 

The tyre images used on Blackcircles.co.za are illustrative only and tread patterns may vary depending on the size of the tyre.

 

9.    About the Internet, Service Interruption, Viruses etc.

 

We, like all other web publishers, have no control over the Internet, which is a global public network of computers, and the method by which you access this website. As a consequence, and in common with most web publishers we take no responsibility for service interruption or the transmission of viruses or other malicious computer codes through this website.

 

10.    About Personal Information and our Privacy Policy

 

We have a separate Privacy Policy which relates to our use of your personal information. We would encourage you to read our Privacy Policy. Our Privacy Policy is available on this website and can be found by clicking on the following link: www.blackcircles.co.za/terms

 

This website makes use of cookies. Cookies are data held in your web browser. They do not in themselves identify who you are or your other personal data (i.e. your name, address, email address and similar information) to us. They do allow us to monitor your use of this website. Please find our Cookie Policy available here

 

11.    Jurisdiction

 

By using this Website, you acknowledge that the laws in force in the Republic of South Africa apply to any litigation between you and us and that the tribunals of the judicial district of South Africa have sole jurisdiction to hear any such litigation, to the express exclusion of all other judicial districts.

 

12.    Complete Agreement

 

These terms and conditions and any update of same, as well as any and all other terms and conditions contained on this Website, constitute the entire agreement between you and us, and no other document or verbal or written communication may be used to interpret or modify said agreement.