Who you are contracting with:
•www.sportsworld.co.za (the "Website") is owned and operated by Sportsworld hereinafter referred to as "Sportsworld").
•Visitors to the Website ("Users" or "you"), including those Users who purchase any products on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
Sportsworld’s Products & Availability
Stocks of all goods on offer are limited. Sportsworld shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Sportsworld be unable to fulfill any order placed by you at the advertised price due to stock having sold out, Sportsworld will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy ("Refund Policy")
Please note that although Sportsworld endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Sportsworld for a full refund within 7 days of delivery. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).
Agreements of Sale:
Placing a product in a shopping basket or adding it to a wish-list without completing the purchase cycle does not:
•constitute an agreement of sale; and/or
•constitute an order for such product,
and as such, Sportsworld may remove such product from the shopping basket or wish-list if stock becomes unavailable and you cannot hold Sportsworld liable if such product is not available when the purchase cycle is completed at a later stage.
An agreement of sale only comes into effect if and when:
•you electronically submit a properly completed order for one or more products in your shopping basket; and
•payment is either authorised, or received by Sportsworld in its bank account
Termination of Sales & Cancellation of Orders
•By Sportsworld: Sportsworld reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Sportsworld, in whole or in part, on notice to you. Sportsworld shall only be liable to refund monies already paid by you (see Sportsworld’s Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
Amounts payable by You
The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
Delivery charges differ depending on a variety of factors, including product type, price, and weight.
Sportsworld 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, Sportsworld will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Subject to the Exceptions listed below, your payment for any products ordered from Sportsworld must be made to Sportsworld bank account in any one of the following ways:
•Credit card payments.
At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If bank’s authorisation is not obtained, the order will be cancelled.
•Bank deposits & Electronic Funds Transfer.
If you select the 'pay via bank deposit' button, instructions will be given on how to deposit monies into Sportsworld bank account and it would be subject to the following rules:
•the exact amount must be paid;
•the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
•no transfers may be made from ATM's;
•cheque deposits are subject to a clearing period.;
•no bank deposits are accepted from outside the borders of South Africa; and
•your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
Where we deliver: Sportsworld delivers to addresses within the borders of South Africa and only to areas outside of this by prior arrangement.
•Inside the borders of South Africa
All Sportsworld items listed on the Website have an indication of the delivery time:
•IMPORTANT TO NOTE:
•Delivery periods are only regarded as having commenced upon payment confirmation being received by Sportsworld.
•If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. Sportsworld makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
•If paying with a specific credit card for the first time on the Website, Sportsworld may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks
•Pre-order products (being products you can order in advance of their public release date) will be handled separately, and will be shipped when ready. If you have any pre-orders in your basket together with other products, the basket will be split into different orders, and you may choose different delivery addresses for each order.
Sportsworld may make physical electronic promotional coupons (“Coupons”) available on the Website from time to time.
Coupons can only be redeemed -
•while they are valid, their expiry dates being unable to be extended;
•on the Website towards the purchase of Sportsworld products
Coupons are issued electronically at Sportsworld’s own discretion. Users do not have a right to Coupons.
Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself –
•a Coupon can only be used with promotional offers on the Website;
•only one Coupon can be used per shopping basket; and
•the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Note that Coupons cannot be –
•used to purchase other Coupons;
•exchanged for cash; or
•transferred or assigned to any other person.
Save for Sportsworld being liable to you –
•under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Sportsworld to you via the Website; and
•under sections 43(5) and 43(6) of the ECT Act in relation to Sportsworld’s payment systems not being sufficiently secure,
Neither Sportsworld nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Sportsworld makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to firstname.lastname@example.org
Although the products sold via the Website may be under warranty, the Website itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Sportsworld and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these T&C, you and Sportsworld submit to the non-exclusive jurisdiction of the South African courts and the Cape Town Magesterial Court area shall be deemed to be the area for any legal hearings to be heard.
Sportsworld shall take all reasonable steps to protect your personal information. 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). PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promofaccestoinfoact2.pdf
Sportsworld may electronically collect, store and use the following of your personal information:
•name and surname;
•country of residence;
•non-personal browsing habits and click patterns;
•mobile number (if provided by you);
•IP address; and
•ID number / passport number.
Sportsworld collects, stores and uses the abovementioned information for the following purposes:
•to greet you when you access the Website;
•subject to your consent, to inform you of facts relating to your access and use of the Website;
•subject to your consent, to inform you about competitions and special offers from Sportsworld
•to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
•to verify your identity when transacting with Sportsworld
•to ensure that the goods are received by the addressee; and
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from Sportsworld
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 in the event that Sportsworld suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
•be used for your personal use only; and
•not be disclosed to any third party.
You allow Sportsworld to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
All credit card transactions are Secure Socket Layers encrypted via VCS (Virtual Card Services) secure platform. All transactions are fully secure & protected.
Changes to Agreement
Sportsworld may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Between you and Sportsworld
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Sportsworld on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Sportsworld , then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Term and Termination
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Sportsworld from time to time (as described above), for so long as the Website exists and is operational, Sportsworld being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by ) Sportsworld.
Copyright & other Intellectual Property Rights
Any and all copyright subsisting in the Website, including these T&C, vests in Sportsworld and all rights not expressly granted are reserved.
Sportsworld cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Sportsworld of any content that may be offensive or illegal.
When you visit the Website or send e-mails to Sportsworld, you consent to receiving communications from Sportsworld electronically and agree that all agreements, notices, disclosures and other communications sent by Sportsworld satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
Hyperlinks, Framing, Spiders & Crawlers
Hyperlinks provided on this Website to non- Sportsworld sites are provided as is and Sportsworld does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Sportsworld.
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Sportsworld’s information is as follows:
Full name: Sportsworld.co.za, registered in South Africa,
Main business: Online retailer
Address for receipt of legal service: P.O Box 334, Cape Gate, 7562
Office bearers: Dennis Lamminga (owner)
Official email address: email@example.com
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.sportsworld.co.za
Code of Conduct: N/A
Delivery Charges on Purchases from Sportsworld
Sportsworld delivers both within South Africa, and internationally by arrangement. Delivery promotions may run for specified periods. Delivery charges on orders placed from Sportsworld outside the specified promotion dates will be calculated according to the following rules:
Delivery within South Africa
Delivery charges are calculated automatically on the total value and weight of all products included n an order, when the order is created or they will be sent to you for individual orders that fall outside the parameters of a normal order.
1. Refunds Generally – for purchases from Sportsworld.
1.1 NON-DEFECTIVE PRODUCTS - YOUR RIGHTS TO ‘COOL OFF’
Save for certain exceptional cases (as listed below), you are entitled to cancel any purchase made via this Website within 7 days after your receipt of the product and to obtain a full purchase price refund, subject to being charged by the seller thereof for the return of the product (which, in the case of a product sold by Sportsworld, must occur by following the returns procedure set out in the ‘Arranging Returns’ section below). Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, you must return the product in the condition you received it.
You will only be entitled to a refund in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below.
1.2 LATE DELIVERY
If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to the seller of such. Should a product purchased be unavailable, the seller thereof must notify you and issue a full refund within 30 days after such notice.
2. Refunds on purchases from Sportsworld
2.1 EARLY CANCELLATIONS – PENALTY FREE*
You are entitled to cancel (either in whole or in part) any sale without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products so sold. Order can be cancelled by notifying firstname.lastname@example.org
* If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative or other charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.
2.2 DEFECTIVE / DAMAGED / UNSUITABLE PRODUCTS
•GENERAL RULE: If, within 6 months after delivery of a product to you,
•you find that the product is defective/faulty, unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and
•you arrange to return such product to Sportsworld for inspection in the manner described in the ‘Arranging Returns’ section below (being the ONLY manner in which returns will be accepted)
and the product is subsequently found -
•to indeed be Defective, you are entitled to either (a) have the product repaired or replaced at Sportsworld’s expense, or (b) be fully refunded;
•NOT to be Defective, you will be liable for the costs incurred in having such product returned to Sportsworld and then re-delivered to you.
•WHEN IS A PRODUCT ‘DEFECTIVE’? Please note that the following issues/problems will NOT render the product Defective as aforesaid and will not entitle you to any repair, replacement or refund:
•faults resulting from normal wear and tear;
•where you, or someone unauthorised to do so by Sportsworld, has altered or damaged the product. IMPORTANT: you should refuse to accept delivery of any product which is visibly damaged, and if you only discover the damage after the courier has left (eg a cracked screen), then you must report it to Sportsworld as soon as possible and within 48 hours. If only reported after 48 hours, it is reasonable for Sportsworld or its suppliers to determine that the damage was caused post-delivery;
•EXCEPTIONS TO THE GENERAL RULE:
•Special Offers: If the product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, should you elect to have the product repaired or replaced (as opposed to being refunded), Sportsworld will only be able to repair, not replace same.
•Manufacturer’s Warranties/Guarantees: Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope, and/or longer in duration, than the 6 month warranty generally provided (as discussed above). Consequently, if a defect is discovered AFTER 6 months from delivery, you could still rely on the following:
2.3 NON-DEFECTIVE PRODUCTS
Products which are NOT defective, damaged or unsuitable as discussed above, but which you want to return for whatever reason, can be returned within 7 days from delivery, as explained above under ‘Non-Defective Products – your right to ‘Cool Off’. by following the returns procedure set out in ‘Arranging Returns’ below.
NOTE: Íf you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging and/or use or wear the Product. Remember that Sportsworld may hold you liable for any damage you cause to the product (including its packaging) while in your possession.
Incorrect Product: If the incorrect Product is delivered to you by mistake (ie it is not the Product you purchased), please do not remove the Product from its original packaging, open or use the Product in any way. Please promptly contact the Sportsworld at email@example.com to notify Sportsworld thereof, so that we can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.
2.4 ARRANGING RETURNS
If you want to return a product you have purchased from Sportsworld for any reason permitted under this Refund Policy, you must in all instances first notify Sportsworld thereof to inform us of the reason for your return by contacting us via firstname.lastname@example.org
Once you have successfully logged your return as aforesaid, Sportsworld will issue you with a returns authorisation number (“RA Number”). The product must be returned by you as to ensure the following:
•the Product is properly protected;
•save where being returned due to being Defective, the Product is still in its original packaging, together with all accessories, instructions and documentation (if any), and in perfect condition for the purposes of resale (ie the product must not be damaged, scratched, soiled, and in the case of electronic hardware, the adhesive screen covers must not have been removed); and
•aforesaid RA Number is accurately reflected.
•Sportsworld is not able to accept the return of any products which have not gone through the above process and/or are not accompanied by a valid RA Number. Products returned without a valid RA Number will not have been validly returned and may be sent back to you at your expense.
•Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right Sportsworld may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.
2.5 PROCESSING OF REFUNDS
Should you be entitled to a refund for any reason, such refund shall –
a) in the case of payment having been made by credit card, be effected on the credit card account as the case may be, provided that if you are refunded on a credit card in respect of only a portion of any order placed by you, then any subsequent refunds processed in respect of that order will be credited to your Sportsworld shopper profile in accordance with (b) below;
b) in other instances, be credited to your Sportsworld shopper profile, in which case you have the right to request that the funds be paid into your bank account, being your bank account as reflected on Sportsworld’s records. Sportsworld will not, in this instance, pay funds into a third party bank account.
As refunds need to be processed by the banks, please note that the processing of refunds can take up to 5 working days from approval date
3.1 STOCK SHORTAGES
In the event that Sportsworld is out of stock of the product ordered by you, Sportsworld must notify you thereof, whereupon –
•in the event of a temporary out-of-stock situation, you shall be entitled either to cancel the order and be fully refunded, or to maintain the sale subject to a later delivery date as may be agreed;
•in the event of a permanent out-of-stock situation, you shall be entitled to be fully refunded.
In being 'fully refunded' as aforesaid, you will be refunded the relevant purchase price and delivery charges, without having to pay any administrative or other charges.