Website terms and conditions of use relating to www.detailersemporium.co.za, owned and managed by The Detailer’s Emporium (Pty) Ltd..
These terms and conditions (“the terms and conditions”) govern your (“the User”) use of the The Detailer’s Emporium (“Provider”) website located at the domain name www.detailersemporium.co.za (“the website”). By accessing and using the website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. 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.
1. ELECTRONIC COMMUNICATIONS
a. By using the website or communicating with the Provider via 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.
2. E-COMMERCE & PRIVACY
a. The website www.detailersemporium.co.za sells vehicle detailing products & accessories online. The use of any product bought from the 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.
b. The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address 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.
c. The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device/s, 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.
3. PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on this Site, and any samples thereof that we may provide to you are for personal use only. You may not sell or resell any of the products, or samples thereof, or services which you receive from The Detailer’s Emporium. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
4. LIMITED LICENSES
a. We grant you a limited, revocable, non-transferrable and non-exclusive license to access and make personal use of the website. We may cancel your license at any time for any reason. Your license is automatically canceled if you do not get our written permission before using the website in a way these terms do not allow. This limited license does not include the right to:
i. frame or utilize framing techniques to enclose the website or any portion thereof;
ii. republish, redistribute, transmit, sell, license or download the website or any and/or all content (except caching or as necessary to view the website);
iii. make any use of the website or any and/or all content other than personal use;
iv. modify, reverse engineer or create any derivative works based upon either the website or any and/or all content;
v. collect account information for the benefit of yourself or another party;
vi. use any meta tags or any other “hidden text” utilizing any and/or all content;
vii. use any technology (software robots, spiders, crawlers, or similar data gathering and extraction tools) to search or gain any information from the website, or take any other action that may impose an unreasonable burden or load on our infrastructure.
b. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. Any website that links to the website does so under the following terms:
i. may link to, but not replicate, any and/or all of our content;
ii. may not imply that we are endorsing such website or its services or products or that you have any rights in our website or intellectual property;
iii. may not misrepresent its relationship with us;
iv. may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages;
v. may not portray us, or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
vi. may not link to any page of the website other than the home page (deep link).
vii. We may, at our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume such linking.
c. Any unauthorized use by you of the website or any and/or all of our content or infringement of another person’s rights (including copyright), automatically terminates the limited licenses set forth. We may also block you from using the website, claim specific performance or damages against you and take any other steps the law allows without affecting our rights in terms of applicable law or these Terms.
d. If you are under the age of 18 you are deemed a minor; you may not respond to or otherwise accept or act upon any offers in the website.
e. The provider and the owners, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. Any unauthorised use terminates this license.
5. THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from this Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
6. ACCURACY OF INFORMATION
a. We attempt to be as accurate as possible when describing products sold on the website, however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.
b. 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. The owners make no warranty or representation as to the availability, accuracy or completeness of the content. Neither Provider nor any holding company, affiliate or subsidiary of 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.
7. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
8. DELIVERY POLICY
a. Delivery is not included in the goods purchase price listed on the website and is displayed when you view your cart before checkout.
b. The delivery process will only commence once payment and proof of payment has been received.
c. Subject to stock availability with suppliers and receipt of payment, requests will be processed within 10-14 working days and handed over to a courier company for delivery.
d. For very remote areas not serviced by standard couriers, the Provider will deliver via the Post Office, or to the nearest town to the User that is accessible by the courier within their normal routes. In these circumstances the Provider will be in contact with the User to arrange an alternative address. Please allow an additional 5 working days for delivery.
e. The Provider will supply all goods to the delivery company in good order and will ensure that goods arrive at the User’s chosen delivery address in the same good order.
f. Orders cancelled within 3 working days of placement will be refunded after deduction of a 10% charge for administration costs.
g. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
h. The Detailer’s Emporium only sells within South African borders. No international orders are currently available.
9. RETURNS POLICY
a. If you find a product to be damaged, we will collect and replace it at our expense.
b. Although seldom charged, we reserve the right to charge a 10% administration fee for returned orders should the returns process incur significant administration expenses.
c. Our return policy requires that the User first requests authorization from the administrator available at email@example.com.
d. Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the administrator, available at firstname.lastname@example.org
e. If you are not entirely satisfied with your purchase for a refund or exchange the item for an alternative product of your choice.
f. You have 7(seven) calender days from the date of delivery to inform us if you are returning or exchanging an item. If 7 days have gone by since the delivery of your order, unfortunately, we cannot offer you an exchange or refund. There is a R90 returns/exchange processing fee.
g. For an item to be eligible for a return or exchange, the item must be unused & in the same condition in which it was received & in it's original packaging & in a re-sellable condition.
10. PAYMENT OPTIONS
a. Payment may be made via Visa, MasterCard credit cards, by bank transfer into the Provider’s bank account or via the payment gateway, the details of which will be provided after checkout. If orders are being paid for via Bank Transfer, you order will not be dispatched until the funds have cleared in the Provider’s bank account. This can take up to 2 working days depending on the bank you have transferred from.
b. All transactions are processed in South African Rands (ZAR)
11. CREDIT CARD ACQUIRING AND SECURITY
a. Credit card transactions will be acquired for the Provider via approved payment gateway. Our payment gateway use the strictest form of encryption and no credit card details are stored on the website.
12. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
a. Customer details will be stored by the Provider separately from card details.
a. The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on the website, customer service and support, dispute resolution and delivery of goods.
b. In the access or use of the website, the User shall comply with these terms and the special warnings or instructions for access or use posted on the website. The User shall always act in accordance with the law, custom and in good faith. The User may not make any change or alteration to the website or any content or services that may appear on the website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these terms, if the User defaults negligently in any of the obligations set forth in these terms, the User will be liable for all the losses and damages that this may cause the Longevity brand, our affiliates, partners or licensors.
14. UPDATING OF THESE TERMS AND CONDITIONS
a. Provider reserves the right to change, modify, add to 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 the 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 the 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.
15. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
a. Provider provides certain information at the website. Content currently or anticipated to be displayed at the website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers 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 are reserved and retained by the owners. 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.
16. PRIVACY: CASUAL SURFING
a. 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. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
You agree to defend, indemnify and hold the The Detailer’s Emporium, The Detailer’s Emporium (Pty) Ltd., its owners and staff harmless for any loss, damages or costs, including reasonable legal fees resulting from any third party claim, action or demand resulting from your use of site or breach of these terms. You furthermore agree to indemnify us for any losses, damages or costs, including reasonable legal fees resulting from your use of software robots, spiders, crawlers or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
18. CHOICE OF LAW
a. The 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. The User may not use the website in violation of South African export laws and regulations. If the User accesses the website from locations outside of South Africa, that User is responsible for compliance with all local laws. 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. 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 the website.
19. CONTACT INFORMATION
a. The website is run by The Detailer’s Emporium (Pty) Ltd., based in South Africa.
b. If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:
Physical address: The Village Square, Shop 11, Southfield Rd, Plumstead, Cape Town, 7801
Postal address: PO Box 248, Soneike, 7560
Telephone: +27 72 774 8206
A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html.
Copyright of The Detailer’s Emporium. All rights reserved.