Conditions of Use

1

General

1.1

These Terms and Conditions ("the Terms and Conditions") govern your ("the User") use of the Sport Stuff ("the Provider") website located at the domain name www.Sportstuff.co.za ("the Website").

1.2

The term 'Sport Stuff', or 'Sport Stuff' or 'us', 'our', or 'we' refers to the owner of the website, Sports Bin (Pty) Ltd., trading as Sport Stuff. Our registered address is 45 Robyn Street, Jukskei Park, Johannesburg, South Africa. Our company registration number is 2011/000651/07. The term ‘you’ refers to the user or viewer of our website.

1.3

If you continue to access, browse and use this website the User agrees to comply with, and be bound by, the following terms and conditions of use, which together with our privacy policy govern Sport Stuff’s relationship with you in relation to this website.

1.4

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

1.5

Please also visit our Privacy Policy governing the use of our website at http://www.sportstuff.co.za

2.

Privacy

2.1

The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information, credit card details and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

2.2

Credit card details are not kept by the Provider under any circumstances.

2.3

The Provider cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

2.4

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

2.5

The User agrees and warrants that your log-in name and password shall:

• be used for your personal use only; and
• not be disclosed to any third party.

3.

E-Commerce

3.1

The Website is an online market place. The use of any product or service bought from this Website is at the purchaser's risk. The purchaser user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

3.2

Only South African credit cards from South Africa IP address may be accepted in transactions. This is done to reduce the instance of fraudulent transactions.

3.3

All prices are quoted in South African Rands (ZAR).

3.4

All items quoted on this website are inclusive of VAT. VAT is charged at a rate of 14% on all goods.

3.5

All web orders must be paid in full before an order can be processed. Prices remain firm unless influenced by circumstances that are beyond our control e.g. increase in carriage costs.

3.6

Sport Stuff shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Sport Stuff will not be obliged to sell products at such incorrect prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the purchase at the correct price and/or delivery charge.

3.7

Sport Stuff reserves the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept, or process payment on, any order and/or to cancel any sale concluded between you and Sport Stuff, in whole or in part, without giving any reasons. Sport Stuff shall only be liable to refund monies already paid by you (see Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

3.8

Delivery prices per item are displayed in your “shopping cart” and quoted inclusive of VAT. Bulkier and faster delivery options may carry a premium cost. Deliveries to a South Africa address can be fulfilled within 3-5 working days.

3.9

We regret we cannot entertain claims for missing or damaged goods which have not been notified in writing within 3 days of the date of delivery, irrespective of whoever has signed for the goods at the consignment delivery point. This is necessary due to the short period of time we have to claim against the carriers for damage in transit.

4.

Credit Card Acquiring & Payment Gateway

4.1

At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, payment is only collected when the order has been packaged and the goods shipped.

4.2

Credit Card Transactions are acquired by MyGate Communications (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Card Holders may go towww.mygate.co.za to view MyGate's security policy

5.

Copyright and Intellectual Property Rights

5.1

The Provider provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, as well as the design, layout, look, appearance and graphics of the website ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

5.2

The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

5.3

Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

5.4

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

5.5

The Provider reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. You may not create a link to this website from another website or document without Sport Stuff’s prior written consent.

6.

Limitation of liability

6.1

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors.

6.2

Neither we nor any third parties provide any warranty or guarantee as to the availability, accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

6.3

Neither Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

6.4

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

6.5

Stocks of all goods on ffer are limited. Sport Stuff shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should items still be offered after stocks are sold out and Sport Stuff is unable to fulfill the orders placed at advertised prices, it shall only be liable to refund the amount paid by you for such product, on such terms and conditions set out in detail in the Refund Policy

6.6

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

7.

Governing Law & Jurisdiction

7.1

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited.

7.2

The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.

7.3

These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute.

7.4

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

7.5

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed.

7.6

If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

8.

Updating of these Terms and Conditions

The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates. These terms and conditions shall continue indefinitely, as amended by Sport Stuff from time to time, for so long as the Website exists and is operational, Sport Stuff being entitled to terminate these terns and conditions and/or shut down the Website at any time.

9.

Sales Records

A full record of every sale and related transaction between you and Sport Stuff shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.

10.

Contacting Us

10.1

10.2

If you believe that any information on this site is incorrect or incomplete, please write to or email us on websitesupport@swh.co.za as soon as possible, at the above address. We will promptly correct any information found to be incorrect.