Terms of service

Welcome to Shutterdrive! The terms "we", "us" and "our" refer to Shutterdrive. Shutterdrive 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"). Shutterdrive 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, mandatory professional installation requirements, 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. 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 18 years of age and have full legal capacity to enter into a binding contract. You may not allow any minor dependent to use the Services to make a purchase without your direct supervision.

To use the Services, including accessing or browsing our online store or purchasing any of the products 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 information you provide 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

Shutterdrive sells rolling door motors, gate motors, remote controls, and related accessories. We have made every effort to provide accurate representations of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.

All product specifications, descriptions, and images are provided in good faith and for general guidance. Minor variations between the product image and the actual product may occur. Manufacturers may update product specifications without notice; in such cases, the actual product supplied will function to at least the same standard as advertised.

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 or geographic region on a case-by-case basis.

SECTION 3 - MANDATORY PROFESSIONAL INSTALLATION

The products sold by Shutterdrive are professional-grade electrical equipment that must be installed by a qualified, registered electrician or accredited installer. Installation by an unqualified person can result in serious injury, electrical fire, property damage, electrocution, or death.

It is the customer's sole responsibility to engage a qualified, registered electrician or accredited installer in compliance with SANS 10142 (the South African wiring code) and all other applicable safety standards. A Certificate of Compliance (CoC) must be issued where required by law.

Shutterdrive supplies products only and does not provide installation services. Shutterdrive accepts no liability for any damage, loss, injury, or death arising from improper installation, misuse, unauthorised modification, power surges, lightning, or failure to follow manufacturer instructions and applicable safety standards.

No warranty, refund, or exchange will be honoured on any installed product without written proof of professional installation, as set out in our Refund and Returns Policy.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. Shutterdrive reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Shutterdrive confirms acceptance by email. We must receive and process your payment in full before your order is accepted. Please review your order carefully before submitting, as Shutterdrive may be unable to accommodate cancellation requests after an order has been dispatched.

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 email, billing address, or phone number provided at the time the order was placed. Where payment has already been received for an order we cannot fulfil, a full refund will be issued.

Your purchases are subject to return or exchange solely in accordance with our Refund and Returns Policy.

SECTION 5 - PRICES AND BILLING

All prices are listed in South African Rand (ZAR) and include VAT where applicable. Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and confirmed in your order confirmation email. Posted prices do not include shipping fees, which are displayed at checkout.

Prices posted in our online store may differ from prices offered through other channels. We may offer promotions from time to time governed by separate terms; if there is a conflict between the promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account information so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorised to use the payment method for the purchase; (iii) charges incurred by you will be honoured by your bank or card provider; and (iv) you will pay all charges incurred at the posted prices, including shipping and applicable taxes.

SECTION 6 - SHIPPING AND DELIVERY

Shipping terms, costs, and delivery timeframes are set out in our Shipping Policy, which forms part of these Terms. We currently ship within the Republic of South Africa only.

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by courier services, load shedding, weather, civil unrest, or events outside our control, but will assist in tracking and resolving any delivery issues. Risk in the goods passes to the customer upon delivery.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brand names, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Shutterdrive, its affiliates, or licensors and are protected by South African and international copyright, trademark, and 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. Unauthorised use may be a violation of South African intellectual property laws. All rights not expressly granted herein are reserved by Shutterdrive.

Shutterdrive's name, logo, product names, and designs are trademarks of Shutterdrive. Shopify's name, logo, and product names are trademarks of Shopify. All other names, logos, and product names on the Services are the trademarks of their respective owners, including ZENEN.

SECTION 8 - OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor control. Such tools are provided "as is" and "as available" without any warranties or endorsement, and we have no liability arising from your use of them. Use of any optional tools is at your own risk.

We may, in the future, offer new features through the Services. Such new features shall be deemed part of the Services and subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain hyperlinks to third-party websites. We are not responsible for the content or accuracy of any third-party materials. If you decide to leave the Services to access third-party sites, you do so at your own risk.

We are not liable for any harm related to your access of third-party websites, or your purchase or use of any products on those sites. Complaints regarding third-party products and services should be directed to the relevant third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Shutterdrive 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 Shutterdrive. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Shutterdrive, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Shutterdrive.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy and is processed in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services in order to provide and improve them. Information you submit will be transmitted to and shared with Shopify and third-party service providers, which may be located in countries other than South Africa, in order to provide services to you. Please review our Privacy Policy for more details.

SECTION 12 - FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation received in connection with submitting the Feedback; and (iii) the Feedback complies with these Terms. We are under no obligation to maintain Feedback in confidence, pay compensation, or respond to it.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree your Feedback will not violate any third-party right and will not contain unlawful, abusive, or obscene content, viruses, or malware. You may not use a false email address or impersonate any other person. You are solely responsible for any Feedback you submit.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors 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). Where an order is cancelled due to a pricing error, a full refund will be issued.

SECTION 14 - 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 South African or international laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, defame, intimidate, or harm any of our employees or other persons; (e) to transmit false or misleading information; (f) to send spam or unsolicited promotional material; (g) to impersonate any other person or entity; or (h) to engage in conduct that restricts anyone's use of the Services or may harm Shutterdrive, Shopify, or other users.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, or resell any portion of the Services; (c) collect personal information of others; (d) spam, phish, or pretext the Services; (e) use any robot, scraper, AI agent, or other automated means to access the Services; or (f) interfere with or circumvent security or authorisation features.

We reserve the right to suspend or terminate your account at any time, without notice, if we determine you have violated these Terms.

SECTION 15 - AGENTS

15.1 This section applies if you use, allow, or cause the deployment of an Agent to access the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person, executable without direct supervision.

15.2 No Agent may access the Services unless it identifies itself and operates in accordance with the requirements in 15.4 below. No Agent may access the Services if we have requested it refrain from doing so.

15.3 We may limit, including by technical measures, whether and how Agents access the Services.

15.4 Agents must: (i) identify themselves in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not conceal that interactions are from an Agent, including by mimicking human behaviour or circumventing CAPTCHAs; (iii) respond truthfully to any prompt asking whether interactions are coming from a human or computer; (iv) not circumvent any measure intended to limit Agent access.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services 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 termination: Mandatory Professional Installation, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented 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 at your own risk.

Except as expressly stated by Shutterdrive, and subject to your statutory rights as a consumer under the Consumer Protection Act 68 of 2008 (CPA), 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. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Nothing in this section limits or excludes any of your statutory rights as a consumer under the Consumer Protection Act, including the implied warranty of quality under section 56 of the CPA.

SECTION 18 - LIMITATION OF LIABILITY

To the fullest extent permitted by South African law, Shutterdrive, its directors, officers, employees, affiliates, agents, contractors, and service providers, as well as those of Shopify, shall not be liable for any indirect, incidental, special, punitive, or consequential damages of any kind, including lost profits, lost revenue, loss of data, replacement costs, or similar damages, whether based in contract, delict (including negligence), strict liability, or otherwise, arising from your use of the Services or any products procured through the Services.

This includes liability for any loss or damage arising from improper installation, misuse, unauthorised modification, power surges, lightning, or failure to engage a qualified electrician.

Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded under South African law, including liability under the Consumer Protection Act for harm caused by unsafe goods that are defective when supplied.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Shutterdrive, Shopify, and our affiliates, officers, directors, employees, agents, contractors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms or any documents incorporated by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, or (4) any installation, misuse, or unauthorised modification of products purchased from us.

We will notify you of any indemnifiable claim. We may control the defence and settlement of such claim at your expense, including choice of legal 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 defence of indemnified claims, including providing relevant documents.

SECTION 20 - SEVERABILITY

If any provision of these Terms 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 severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

The failure of Shutterdrive to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies posted on our website, constitute the entire agreement between you and Shutterdrive and govern your use of the Services, superseding any prior agreements, communications, or proposals between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 22 - 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 23 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa. You and Shutterdrive consent to the non-exclusive jurisdiction of the South African courts for the resolution of any dispute arising from these Terms.

This does not affect your right as a consumer to refer disputes to the National Consumer Commission, the Consumer Goods and Services Ombud, or any other appropriate consumer dispute resolution body.

SECTION 24 - HEADINGS

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

SECTION 25 - 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 by posting updates on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@shutterdrive.co.za.

Our contact information is:

Shutterdrive Unit 16, Prestige Business Park 129 Albertina Serfontein Street Manufacta, Roodepoort, 1724 Email: info@shutterdrive.co.za Phone: 0724613870 Business Registration Number: 2021/795820/07VAT Number: 4750316400