Website Terms and Conditions of Use Relating to:
https://www.sawebshop.co.za and dealing with SAWebShop in general
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the SAWebshop (“Provider”) website located at the domain name https://www.sawebshop.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 any Content obtained on the website for marketing and other purposes without the prior written consent of the Provider.
2. Electronic Communications:
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.
3. E-Commerce & Privacy:
The Website https://www.sawebshop.co.za sells a list of online consumables, from tech to other great value for money items sourced. The use of any product 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.
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 may be made known to third parties delivering the product.
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 (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.
Products are delivered to the address of your choice between 2 to 10 working days once payment has been received, depending on availability and where the product is being sourced from. Local suppliers normally deliver between 2 - 7 days, international suppliers deliver between 5 to 10 days. Orders cannot be cancelled once payments have been made, as we utilize an automated system to track payments and release goods ordered.
4. Updating of these Terms and Conditions:
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 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.
5. Copyright and Intellectual Property Rights:
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/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 is 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.
6. Limited License to General Users:
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Any unauthorized use terminates this license.
7. Limitation of liability:
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.
8. Privacy: casual surfing:
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. 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.
9. Choice of Law:
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. 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. 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 Witwatersrand 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 this Website.
10. Place and time of agreement:
All communications with the Provider facilitated by the Website, or email communicated between the User and the Provider shall be deemed to have been received, in the case of communications initiated by the Provider, when the communication leaves the Providers website or email server, and in the case of communications initiated by the User, when it is received on the Providers website or email server. Acceptance by the Provider of an order placed by the User shall be deemed to have been made and an agreement entered into, once a product leaves the Providers premises destined for the User. If only part of an order leaves the Provider’s premises, only that portion of the order is deemed as accepted.
The Provider can cancel any order at any time.
11. Disclosure of Statutory Information:
Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.
11.1 Full name and legal status of website owner:SAwebshop (Pty) Ltd 2019/365243/07
11.2 Web address:(www.sawebshop.co.za)
11.3 Director: Jitesh Paul Bhandari
11.4 Physical address: Online Store
11.5 Telephone Number: 079 354 7842
11.6 E-Mail address: firstname.lastname@example.org
11.7 Description of Services: SAwebshop (www.sawebshop.co.za) provides access to a variety of products that may be purchased online. These products can be seen under the “Catalogue” section on the website.
11.8 Price of goods: Prices are displayed in the website and are subject to the Providers rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products on the SAwebshop website are exclusive of VAT and VAT is added at the end of the transaction.
11.9 Payment: Payment terms and manner of payment are stipulated in the section dealing with payment options. In addition please note that in the event of items sold on credit, ownership of the goods remain with the Provider until paid for in full. Any cost of recovering payment will be for the User. The User buy purchasing on credit warrants that the directors and/or members will be personally liable for payment of any unpaid items purchased.
This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).
12.1 WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information.
Email marketing: When you fill in information on any of our online forms, we may send you emails about our store, new products and other updates.
How do you get my consent?
When you provide us with personal information to complete a transaction or fill in an online form, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. All details entered on online forms will go into our database and you will receive newsletter and marketing material from SA Webshop. You have the option to unsubscribe at any time.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us:
Whatsapp: 079 354 7842
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
12.4 DATA ASSOCIATE AND SHARP SPRING
Our store is hosted on Shopify and our forms/mailing lists are hosted by Omnisend. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through their data storage, databases and the general application. They store your data on a secure server behind a firewall.
Your data is safe with us and we do not share information.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa and MasterCard.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
12.5 THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in South Africa and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google analytics: Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
The SA Webshop website can track your clicks and online presence using cookies. These can be cleared in the settings in your browser at any time.
12.8 AGE OF CONSENT
In order to make purchases from our site, you must be at least 18 years or older, by using our site, you declare that you are of a legal age to do so.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you simply email us at email@example.com and we will ensure your request is actioned as requested.