Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Gearbase South Africa. The terms "we", "us" and "our" refer to Gearbase. Gearbase operates this store and website, including all related information, content, features, tools, products and services provided to you through the website (the "Services").

Gearbase is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein ("Terms"), describe your rights and responsibilities when using our Services.

Please read these Terms carefully. They contain important information regarding your legal rights, purchases, warranties and limitations of liability.

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

Nothing contained in these Terms is intended to exclude or limit any consumer right that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 ("CPA") or other applicable South African law.

REFUND, CANCELLATION AND DELIVERY POLICY

Refunds

At Gearbase, we are committed to providing quality products and reliable customer service.

Returns, refunds, defective products and warranty claims are handled in accordance with our Returns & Warranty Policy and applicable South African consumer law.

Where a refund is approved, it will generally be processed to the original payment method.

Please allow approximately 5–10 business days after processing for the funds to reflect, depending on your bank or payment provider.

For assistance, contact:

support@gearbase.co.za

Order Cancellations

Orders may be cancelled before they have been packed or dispatched by contacting us as soon as possible at:

support@gearbase.co.za

Once an order has been dispatched, it may no longer be possible to cancel it and the applicable return process will apply.

Gearbase reserves the right to cancel or decline an order where, for example:

  • A pricing or product listing error has occurred.

  • Payment cannot be successfully processed.

  • An item becomes unavailable due to stock shortages.

  • Fraudulent or suspicious activity is reasonably suspected.

  • We are otherwise legally entitled to cancel or decline the transaction.

If Gearbase cancels an order after payment has been received and no goods are supplied, the applicable amount will be refunded to the original payment method.

Delivery

Gearbase currently delivers throughout South Africa.

Standard delivery typically takes approximately 5–9 business days, subject to stock availability, courier operations and the delivery destination.

Delivery times are estimates and may be affected by courier delays, weather, public holidays, strikes or other circumstances outside our reasonable control.

Customers are responsible for ensuring that their delivery address and contact information are accurate when placing an order.

Please contact support@gearbase.co.za if you experience an issue with your delivery.

SECTION 1 – ACCESS AND ACCOUNT

By using our Services, you represent that you are legally capable of entering into transactions through our website.

You may be required to provide certain information, including your email address, billing information, payment information and shipping details.

You agree that the information you provide is accurate, current and complete and that you have the necessary authority to provide and use such information.

You are responsible for maintaining the confidentiality and security of any account credentials associated with your account.

You may not transfer, sell or assign your account to another person without our permission.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately represent our products through descriptions, photographs, specifications and other information displayed on our website.

However, colours and product appearance may vary slightly depending on your screen, device, lighting and display settings.

Product Packaging

Product packaging, including boxes, colours, printing, labels, branding and packaging design, may differ from packaging shown in product images on our website.

Packaging shown in product images may be for illustrative purposes and may be changed or updated from time to time.

Reasonable packaging variations that do not materially alter the product itself, its advertised functionality or applicable warranty should not be interpreted as a change to the underlying product.

Product descriptions, packaging and availability may be updated from time to time.

We reserve the right to discontinue products or limit quantities where reasonably necessary, subject to applicable law.

SECTION 3 – ORDERS

When you place an order through Gearbase, you are making an offer to purchase the selected products.

Gearbase may accept or decline an order where permitted by law.

Payment must be successfully processed before an order can be fulfilled.

Please review your order carefully before submitting it, including:

  • Product

  • Variant

  • Quantity

  • Delivery address

  • Contact information

If we need to change, decline or cancel an order, we will attempt to contact you using the details supplied when the order was placed.

Purchases are subject to our Returns & Warranty Policy and applicable South African consumer law.

Products purchased through Gearbase are intended primarily for personal or household use unless otherwise stated.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change from time to time.

The applicable price will generally be the price displayed at the time the order is placed, subject to correction of genuine errors where permitted by law.

Shipping charges and any other applicable costs will be displayed during checkout where applicable.

Promotions may be subject to separate terms and conditions.

You agree to provide accurate and complete payment and account information when making a purchase.

You represent that you are authorised to use the payment method submitted for your purchase.

Payments are processed through the payment methods made available at checkout.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times displayed by Gearbase are estimates unless expressly stated otherwise.

Courier delays or other circumstances outside our reasonable control may occasionally affect delivery.

Customers must provide an accurate delivery address and appropriate contact information.

Risk relating to delivery will be determined in accordance with applicable South African law.

Please refer to our applicable shipping and returns policies for additional information.

SECTION 6 – INTELLECTUAL PROPERTY

Unless otherwise stated, the Gearbase website and its original content, including our branding, text, graphics, images, designs, logos and other materials, are owned by or licensed to Gearbase and are protected by applicable intellectual property laws.

The Services are provided for personal, non-commercial use.

You may not reproduce, distribute, modify, republish, commercially exploit or otherwise use our protected materials without prior permission, except where permitted by law.

The Gearbase name, logo, product names, designs and slogans belonging to Gearbase may not be used without our permission.

Third-party names, trademarks and intellectual property remain the property of their respective owners.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

Our Services may provide access to tools or functionality operated by third parties.

We may not control these third-party services and cannot guarantee their availability or performance.

Your use of third-party tools may also be governed by the applicable third party's own terms and policies.

We may introduce additional tools, functionality or resources in the future. Where applicable, their use may also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

Gearbase is not responsible for the content, accuracy, availability or practices of independent third-party websites.

You should review the terms and privacy policies of third-party websites before conducting transactions with them.

Complaints regarding products or services supplied directly by an independent third party should generally be directed to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Gearbase is powered by Shopify, which provides technology that enables us to operate our online store.

Purchases made from the Gearbase store are transactions between the customer and Gearbase, not Shopify.

Shopify's involvement in providing the ecommerce platform does not make Shopify the seller of Gearbase products.

Nothing in this section limits rights that cannot lawfully be excluded under applicable law.

SECTION 10 – PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy and data-protection laws.

Because our store is hosted using Shopify, certain personal information may be processed by Shopify and other service providers necessary to operate our store, process transactions and provide our Services.

Please review our Privacy Policy for further information regarding how personal information is collected, used and processed.

SECTION 11 – FEEDBACK AND REVIEWS

If you submit reviews, photographs, feedback, suggestions or other content to Gearbase, you confirm that you have the necessary rights to submit that content.

You must not submit content that:

  • Violates another person's intellectual property rights.

  • Contains unlawful or abusive material.

  • Contains malicious software.

  • Is knowingly false or misleading.

  • Violates another person's privacy or other legal rights.

Where legally permitted, content voluntarily submitted to Gearbase may be used for purposes such as operating, improving or promoting our Services.

We reserve the right to moderate or remove content where reasonably necessary or legally required.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as:

  • Product descriptions

  • Pricing

  • Promotions

  • Shipping charges

  • Delivery estimates

  • Product availability

We reserve the right to correct genuine errors and update information where appropriate, subject to applicable South African law.

SECTION 13 – PROHIBITED USES

You may use the Gearbase website only for lawful purposes.

You may not use our Services to:

  • Violate applicable laws.

  • Infringe intellectual property rights.

  • Harass, threaten or unlawfully harm another person.

  • Submit deliberately false or misleading information.

  • Transmit malicious software or code.

  • Conduct phishing, fraud or similar activity.

  • Collect personal information unlawfully.

  • Attempt to bypass website security.

  • Interfere with the proper operation of our Services.

  • Impersonate another person or organisation.

  • Exploit our Services for unlawful purposes.

We may restrict or terminate access where we reasonably determine that these Terms have been materially violated.

SECTION 14 – AUTOMATED ACCESS

Automated systems, bots, agents or scraping tools may not access or interfere with our Services in a manner that:

  • Circumvents security measures.

  • Places an unreasonable burden on our systems.

  • Collects protected information without authorisation.

  • Violates applicable law.

  • Interferes with normal website operation.

We reserve the right to take reasonable technical measures to protect the Services from abusive or unauthorised automated activity.

SECTION 15 – TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached, fraud is reasonably suspected, or continued access creates a security or legal risk.

Termination does not affect rights or obligations that arose before termination.

Provisions which by their nature should survive termination will continue to apply.

SECTION 16 – DISCLAIMER OF WARRANTIES

We make reasonable efforts to ensure that information presented through the Services is accurate and useful.

However, except for warranties, guarantees and rights that cannot lawfully be excluded or limited, the Services may be provided on an "as available" basis.

Nothing in these Terms excludes or limits the 6-month warranty provided by Gearbase where applicable, or any statutory warranty, guarantee or consumer right available under South African law.

SECTION 17 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable South African law, Gearbase will not be responsible for indirect, incidental, special or consequential losses arising from improper use of our products or Services.

Gearbase does not exclude or limit liability where doing so would be unlawful.

In particular, nothing in these Terms is intended to exclude or limit rights or remedies available under the Consumer Protection Act 68 of 2008 or other applicable South African legislation.

SECTION 18 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Gearbase against third-party claims arising directly from:

  • Your unlawful use of our Services.

  • Your material breach of these Terms.

  • Your infringement of another person's legal rights.

Nothing in this section imposes liability on a consumer where such liability cannot lawfully be imposed.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent legally permitted or severed where necessary.

The remaining provisions will continue to apply.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

A failure by Gearbase to immediately enforce a provision of these Terms does not constitute a permanent waiver of that provision.

These Terms, together with the policies incorporated or referenced herein, constitute the agreement governing your use of our Services, subject to rights and obligations imposed by applicable law.

SECTION 21 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent where such consent is legally required.

Gearbase may transfer or assign its rights or obligations where permitted by law.

SECTION 22 – GOVERNING LAW

These Terms of Service and your use of the Gearbase Services are governed by the laws of the Republic of South Africa.

Any dispute will be handled in accordance with applicable South African law and through the courts, tribunals or other dispute-resolution mechanisms having lawful jurisdiction.

Nothing in these Terms limits a consumer's right to approach an appropriate consumer protection body, regulator, tribunal or court where permitted by law.

SECTION 23 – HEADINGS

Headings are included for convenience and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

The current version of these Terms of Service will be made available on our website.

Gearbase may update these Terms from time to time.

Where required by applicable law, material changes will be communicated appropriately.

Your continued use of the Services following an update will be subject to the updated Terms to the extent permitted by law.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service, your order or Gearbase policies can be sent to:

Gearbase South Africa

Email: support@gearbase.co.za
Website: www.gearbase.co.za

For returns, refunds and warranty claims, please also refer to our Returns & Warranty Policy.