Terms & Conditions
We are the owner of and this is
our website. These are our legal terms, including our:
Terms of use - which you
agree to by visiting this website;
Terms of sale - which you
agree to by checking a check box when you place an order through this website;
and
Privacy policy - which you
agree to by checking a check box when you submit your personal information
through this website and apply when you visit this website.
We may change any of these terms
at any time by updating this web page. If you have any questions about our
legal terms, please contact us.
Terms of use
1.
Licence. We grant you a limited
licence to use this website.
2.
Breach. We may cancel your
licence if you breach any of these terms.
3.
Framing. You may not frame this website.
4.
Capacity. You agree to these
terms on the basis that you have the capacity to visit this website.
5.
Accurate information. You
promise that you will give this website only accurate information.
6.
Ownership. We or our third party
licensors own all rights in this website.
7.
Trade marks. All our trade marks
are our property and you may not use them without our permission. All other
trade marks are their
respective
owners' property.
8.
Restrictions. You may not
change, hire out, reverse engineer, or copy this website without our
permission.
9.
Own risk. You use this website
at your own risk and we make no warranties about it.
10.
Indemnity. You indemnify us
against any liability related to your use of this website.
11.
Direct damages limited. Our
maximum liability to you for all claims for direct damages related to this
website is R100.
12.
Indirect damages. We will never
be responsible for any indirect damages.
Terms of sale
1.
Introduction. These terms cover
any transactions where we provide goods to you through this website.
2.
The parties. We are the vendor
under these terms. You are the customer under these terms.
3.
Duration. These terms commence
when you accept them and continue until terminated.
4.
Orders. You place orders with us
on the following basis:
you promise
that you have the legal capacity to enter into the transaction;
we only conclude an agreement when we dispatch our goods to you;
we may cancel any order, but we will refund any money you have paid if we do;
we conclude an agreement where you are domiciled; and
each order is a separate agreement, but you breach all of them if you breach
one.
5.
Goods. We sell the goods to you
on the following basis:
you will bear the cost and we will choose the way of packaging and delivering
the goods unless agreed otherwise;
we will do our best to dispatch the goods as soon as possible after you have
placed an order, but we are not liable and you may not cancel an order if we do
not do so timeously;
risks related to the goods pass to you on delivery;
ownership in the goods passes to you on payment of the fees in full; and
you have the same rights against us as we have against our suppliers in terms
of any warranty attached to the goods or imposed by law.
6.
Your data. You own all your
data. When you enter your data into the system, you give us a licence to use it
to provide the goods. We are not responsible for any of your data stored on our
system.
7.
Intellectual property. We may
own intellectual property rights in our goods and you may not use those rights
without our permission. We may prosecute you for any violations of our
proprietary rights.
8.
Disclaimer. We disclaim all
warranties to the extent allowed by applicable law. We are not liable for any
defect that you cause.
9.
Fees and payment. You will pay
us the fees on the due date. You may not withhold payment of any amount due to
us for any reason.
10.
Direct damages limited. We are
only liable to you for any direct damages that the goods may cause up to the
total amount of fees that you
have paid
us for them.
11.
Indirect damages excluded. We
are not liable for any other losses that the goods may cause you.
12.
Breach. Please don't breach your
obligations under this agreement. If you do, we have certain rights against you
in terms of the law.
13.
Termination. We may need to
terminate this agreement immediately under certain unlikely circumstances,
including if we discontinue the
goods, believe providing the
goods could burden or pose a risk to us, have to terminate to comply with a
law, or providing the goods has
become impractical. If we need
to terminate, we will give you as much notice as possible in writing.
14.
Resolving disputes. We want to
avoid disputes about this agreement and resolve them as quickly as possible.
But if there is one, either party
may inform
the other of it in writing. The parties must first try to negotiate to end the
dispute, then enter into mediation if negotiation fails, and
finally go
to arbitration if mediation fails.
15.
Notices and domicile. We want to
communicate with you effectively about this agreement. For this reason, the
parties will send all notices to
each
others' email addresses and choose their respective street addresses as their
service addresses for all legal documents. The parties
may change
either address on 14 calendar days written notice to the other.
16.
Force majeure. Things may happen
that prevent you or us from complying with each of our obligations under this
agreement. Neither party is
responsible
for breach of this agreement caused by circumstances beyond its control, but
the other party may cancel the agreement on
written
notice to the other if the circumstances persist for more than 60 calendar
days.
17.
Entire agreement. The agreement
is the entire agreement between the parties on the subject.
18.
Changes. If we change this
agreement by updating this web page, any changes will only apply to future
orders.
19.
Governing law. South African law
governs this agreement.
20.
Jurisdiction. You consent to the
jurisdiction of the Magistrate's Court.
Privacy policy
1.
Purpose. This policy describes
the way we handle your personal information.
2.
Personal information. Personal
information includes information we collect:
on
submission when you place an order; and
automatically
when you visit this website.
3.
Acceptance. You may not order
any of our goods if you do not accept this policy.
4.
Collected on submission. We
collect your contact details and delivery address when you place an order.
5.
Collected automatically. We
collect your Internet usage information when you visit this website.
6.
Purpose for collection. We may
use any of your personal information that you provide to us for the purposes
that you indicated when you
agreed to
provide it to us.
7.
Consent to collection. We will
get your consent to collect your personal information in accordance with
applicable law when you provide us
with it.
8.
Use. We may use your personal
information to fulfil our obligations to you.
9.
Sharing. We may share your
personal information with third parties for the purposes of fulfilling our
obligations to you.
10.
Disclosure. We may disclose
personal information to third parties if required for legal reasons.
11.
Security. Our website is hosted
on a secure server and uses security measures to prevent interference by
intruders.
12.
Retention. We will only retain
your personal information for as long as is necessary.
13.
Transfer. We may transfer your
personal information outside South Africa to a foreign country.
14.
Updating or removing. You may
choose to update or remove the personal information you have submitted to us by
contacting us.
Free
website terms provided by Michalsons Attorneys. © Copyright 2002-2014. All rights reserved. The Michalsons - Legal Terms EULA applies to these terms.
