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1. Linked text -
For ease of use, we have included automated links
( hyperlinks ) in this agreement to text elsewhere
on the site. These standard HTML hyperlinks are
highlighted by most browsers according to your
settings and your mouse's cursor should change
into a hand or other pointer when held over this
text. You are obliged to view the relevant parts
of the hyperlinked text, which text shall be
deemed to form part of this agreement.
2.
Sending orders and confirmation of receipt - All
information on the site should be treated as an
invitation for you to make an offer to purchase (
the order ) and we remain entitled to reject any
order without giving reasons. An order, once sent
to us, cannot be withdrawn unless we agree
thereto. Although our site is set up to confirm
receipt of your order ( confirmation ), technical
or other problems may delay or prevent such
confirmation. If you have not received
confirmation from us shortly after sending your
order you should contact us immediately. DO NOT
re-submit your order as this may lead to a
duplicate transaction for which you will remain
liable. If you place your order via another site
you should ensure that you have received
Confirmation from us. Confirmation does not mean
that a transaction has been concluded it merely
serves to confirm that your order has been
received by us. A transaction is only concluded on
receipt of payment. We reserve the right to verify
your identity and to conduct credit
checks.
3. Price The total price of a
product (the purchase price ) shall exclude Value
Added Tax ( VAT ) and excludes the shipping cost.
As erroneous or outdated prices could be displayed
from time to time, you agree that we cannot be
obliged to sell a product at such erroneous price.
Unless otherwise stated, all prices displayed on
the site are exclusive of VAT. We reserve the
right to discount prices for specific promotions
or on-line communities.
4. Payment - Unless
otherwise specified you are entitled to make use
of any of the payment methods stipulated on the
site from time to time. We are not a provider of
payment methods and cannot be held liable for the
products or services offered by third parties in
this regard. We do not accept credit cards that
are issued or billed to addresses outside of South
Africa. If you cancel your credit card or other
online payment after a transaction, you will still
remain liable to us to pay the purchase price
immediately after such cancellation unless you can
prove to our satisfaction, within 10 days of
having cancelled payment, that the transaction
resulted from fraudulent use of your credit card.
If we are satisfied with your explanation we will
terminate the transaction, provided that you will
reimburse us for the delivery fee and bank charges
incurred due to a charge-back. If the bank
declines our request for payment from your bank
account, we shall be entitled to cancel the
transaction.
5. Delivery- Unless otherwise
arranged, we do not deliver. In the case of
delivery, delivery will take place in the areas
and according to the time periods that where
agreed upon with Global Choices and prices will be
adjusted to compensate for delivery costs. The
agreed delivery period is given as an estimates
only and we will not be held liable if the
delivery is delayed for whatever reason. All the
risks in the product will pass to you when the
product is delivered to you but the ownership in
the product will only pass to you once you have
paid the purchase price for the
product.
6.Product requests - We may
provide a product request service from time to
time in terms whereof we will use our best
endeavours to source products on your behalf from
other suppliers. A product request is not an order
but merely a request for us to provide you with
assistance in locating a particular product.
Although every effort will be made to source the
requested product, we do not guarantee the
availability or existence of any product and we
reserve the right to decline any product request
without giving reasons. Once in receipt of a
product request we will contact the relevant
supplier to establish stock availability and
pricing. All product requests will be confirmed
with you telephonically or via e-mail. Products
will only be ordered on payment of the purchase
price.
7. Availability of products - You
accept that the display of products is not
necessarily a guarantee of the availability of a
product and that certain products may not be in
stock at the time of submitting your order and
delivery may therefore be delayed. However, such
delays shall not entitle you to withdraw your
order unless we agree with you in writing that the
duration of delay is unreasonable.
8. Right
of withdrawal. The provisions of this clause 8
shall only become operative on enactment of the
Electronic Communications and Transactions Act,
2001 ( the ECT Act ). If you qualify as a consumer
as defined in the ECT Act, you may cancel the
transaction at any time within 8 days of date of
receipt of the product and receive a refund of the
purchase price paid. To do this, you must inform
us in writing and return the products without
delay, in the same condition and packaging you
received them and at your own cost and
risk.
You will, however, not be entitled to
exercise the above right of withdrawal in respect
of a transaction : (a) for the provision of
services if performance has begun, with your
consent, before the end of the seven day period
referred to above; (b) for the supply of goods or
services the price of which is dependent on
fluctuations in the financial market which cannot
be controlled by us; (c) for the supply of goods
made to your specifications or clearly
personalized or which, by reason of their nature,
cannot be returned or are liable to deteriorate or
expire rapidly; (d) for the supply of audio or
video recordings or computer software which were
unsealed by you; or (e) for the supply of
newspapers, periodicals and magazines.
9.
Returns, refunds and exchanges - Subject to the
provisions of clause 8, your return of goods will
be governed by the returns, refund and exchange
policy made available on the site from time to
time. Please note that if you return goods you
will still have to pay for the shipping
costs.
10. Privacy - Our treatment of your
personal information is outlined in our privacy
policy available on the site from time to time.
Any intentional or negligent breach by us of the
provisions of the privacy policy shall be
compensated by us to the highest of the direct,
actual damages suffered by you as a result of our
breach. This is the exclusive remedy to which you
are entitled to.
11. Security Policy -
While we employ security features, processes and
procedures on the site which may or may not use
128 bit encryption technology, we cannot guarantee
the security of the information you transmit to
us. Notwithstanding various precautions taken by
us, you accept that transmitting information over
the Internet may be subject to unlawful access or
monitoring and that we are not liable for any
loss, harm or damage which you may suffer as a
result of this. To enjoy full functionality and
all the security features available on the site
you require the browser and version thereof as
specified on the site from time to time. If you do
not have the specified browser then you might not
enjoy the full functionality or security features
made available on the site, in which case you
acknowledge and accept that the site may fail to
function properly and you accept all risks related
to this.
12. Complaints & disputes -
Any complaints and queries which you may have
should be directed to our customer service
division. If the complaint cannot be resolved with
10 (ten) business days after having been referred
to the customer service division, the dispute will
be referred to arbitration in terms of the rules
of the Arbitration Foundation of South Africa
(AFSA). The arbitrator shall be appointed by AFSA
and the unsuccessful party shall pay the costs of
arbitration. Only you and your representative(s)
and Global Choices and its representative(s) may
attend the arbitration. Both you and Global
Choices shall keep the fact that a dispute has
arisen, the record of the arbitration proceedings
as well as the arbitrator's decision,
confidential.
Notwithstanding the above
provisions, we retain the right to institute
action in any court of law with jurisdiction to
obtain urgent, interim relief or to collect
outstanding debts due and payable by
you.
13. Deemed originator - You warrant to
us that: all your given details are true and
correct; you are legally capable of concluding the
transaction and you have read, understood and
accepted the terms of this agreement. As it is
impossible for us to verify the originator of an
instruction, you hereby authorise us to act on any
instruction purporting to originate from you, even
if it transpires that both of us been defrauded by
someone else, unless you have informed us to the
contrary prior to us acting on a fraudulent
instruction.
14. Access to records - You
may request a record of the transaction from us,
provided that we shall not be obliged to store
such records for longer than 30 days after the
transaction.
15. Availability of site -
Global Choices may, in its sole discretion, at any
time suspend or terminate the operation of the
site or any of the services provided via the site
or advertised on the site, without prior notice to
you and without the need to provide you with
reasons.
16. Exclusion & limitation of
liability - NEITHER Global Choices, ITS HOLDING
COMPANY, ITS SUBSIDIARIES, ASSOCIATES, AFFILIATES
OR THEIR SHAREHOLDERS, CONSULTANTS OR EMPLOYEES
WILL BE LIABLE FOR ANY DAMAGES RELATING TO THE USE
OF THIS SITE, IRRESPECTIVE OF THE CAUSE OF YOUR
LOSS. WITHOUT AFFECTING THE FOREGOING, WE ARE NOT
BE LIABLE FOR: (A) ANY INTERRUPTION; MALFUNCTION;
DOWNTIME OR OTHER FAILURE OF THE SITE, COMPUTER
SYSTEMS FOR WHATEVER REASON; (B) ANY INTERRUPTION,
MALFUNCTION, DOWNTIME OR OTHER FAILURE OF GOODS OR
SERVICES PROVIDED BY 3RD PARTIES, INCLUDING,
WITHOUT LIMITATION, PUBLIC SWITCHED
TELECOMMUNICATION SERVICE PROVIDERS, INTERNET
SERVICE PROVIDERS, ELECTRICITY SUPPLIERS, LOCAL
AUTHORITIES AND CERTIFICATION AUTHORITIES; OR (C)
AN EVENT OF FORCE MAJEURE OR ANY OTHER EVENT OVER
WHICH WE HAVE NO DIRECT CONTROL.
17.
Intellectual property - Global Choices owns or has
been licensed to use all the intellectual property
rights in all the material on the site which
includes, but is not limited to, copyright, trade
marks rights in the brands, logos, graphics,
photographs, product and price information which
is displayed on the site from time to time. You
may not use this material for any commercial
purposes whatsoever. You may only use such
material for using or considering Global Choices's
products or services. You are allowed to view and
download one copy of the material to your
computer.
18. Linking to 3rd party sites -
Hyperlinks to the websites of other persons or
businesses are provided at your own risk. You
acknowledge that the websites attached to these
hyperlinks are beyond our control and that we do
not endorse, warrant or make any representations
about the content, products, services, security or
reliability of that website.
19. No
representations or warranties - The site and the
information on the site are provided as is and we
do not make any express, implied representations
or warranties with regard thereto. Without
limiting the generality of the foregoing, we
disclaim all implied warranties in respect of
merchantability or fitness for a particular
purpose. Global Choices does not warrant that the
site or the information on the site: (a) will be
error free; (b) will meet any particular criteria
of accuracy, completeness or reliability,
performance or quality; or (c) will be free of
viruses or any other data or code which has the
ability to corrupt or adversely affect the
operation of your computer, data or
network.
20. Right to amend this agreement
- We reserve the right to amend these terms and
conditions at any time. All amendments to these
terms will be posted on the site ( the current
version ). Whenever you access the site you will
be bound to the current version. You may terminate
this agreement by written notice to us if you do
not wish to be bound by the current version.
Continued use of this site will be deemed to
constitute acceptance of the current version.
Unless otherwise stated the current version shall
supersede and replace all the previous versions of
the terms and conditions. A print-out signed by
the webmaster responsible for maintaining this
site will serve as prima facie proof as to the
date of publication and content of the current
version.
21. General Severability: If any
of the provisions of these online terms are not
fully enforceable for any reason, the remainder
will nevertheless continue to apply.
22.
Jurisdiction and governing law: Unless otherwise
specified, the goods and services offered on this
site are intended for citizens of the Republic of
South African only. The online terms shall be
governed by and interpreted according to the laws
of the Republic of South Africa without giving
effect to any principles of conflict of
law.
23. Notices and address for service:
For purposes of these online terms Global Choices
will receive legal service of any formal notices
or court process at the physical address specified
on its website from time to time and you agree to
receive the same at your specified
address.
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