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Terms & Conditions

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  1. Introduction

    1. This website can be accessed at www.sportsessence.co.za, related mobile-sites, and software applications (the “Website”) and is owned and operated by Sport Essence RSA (“Sports Essence”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of Goods, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for an extensive range of sporting goods (“Goods”).

 

  1. Important Notice

    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    3. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Sports Essence to explain it to you before you accept the Terms and Conditions or continue using the Website.
    4. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Sports Essence in terms of the CPA.

 

  1. Returns

    1. Sporting equipment products may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered.
    2. Fashion and sportswear products can be exchanged for a different size or colour variation, provided that such variation is available. Additional delivery costs will apply.
    3. If the Goods are defective in any way this must be reported as soon as reasonably possible after the product having been delivered to you and must be returned to us within a period of 7 days after delivery.
    4. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.
    5. If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us.
    6. If you are returning Goods via courier or post office please package it carefully so that it does not become damaged enroute.
    7. The replacement of defective items is at the sole discretion of the manufacturer of local agent.
    8. Goods sent to the manufacturer or local agent for evaluation may take up to 6 weeks to resolve.
    9. Any approved refunds will be issued to the same means of payment initially used to purchase the goods. For instance if you paid with a credit card, the refund will be placed to your credit card. If you paid using an online bank transfer, the refund will be issued to your bank account. The availability of the money on your credit card or bank account largely depends on how quickly your bank processes the refund operation. It may take from 5 to 30 business days

 

  1. Registration and use of the website

    1. Only registered users may order Goods on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Sports Essence. You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    6. You agree to notify Sports Essence immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Sports Essence representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Sports Essence representative.

 

  1. Conclusion of sales and availability of stock

    1. Registered users may place orders for Goods, which Sports Essence may accept or reject. Whether or not Sports Essence accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Sports Essence for the Goods.
    2. Sports Essence will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Sports Essence come into effect (the “Sale”). This is regardless of any communication from Sports Essence stating that your order or payment has been confirmed. Sports Essence will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold Sports Essence liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    4. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Sports Essence, Sports Essence will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Sports Essence will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

 

  1. Payment

    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Payment can be made for Goods via –
      1. debit card;
      2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      3. Instant EFT;
    3. Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

  1. Delivery of goods

    1. Sports Essence delivers of Goods to you via courier. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
    2. Where we accept your order, we will deliver the Goods to you as soon as reasonably possible, but no later than 14 (fourteen) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
    3. Sports Essence’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Sports Essence is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

 

  1. Errors

    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
    2. Sports Essence shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

 

  1. Privacy policy

    1. We respect your privacy and will take reasonable measures to protect it.
    2. We will not, without your express consent:
      1. use your personal information for any purpose other than as set out below:
        1. in relation to the ordering, sale and delivery of Goods;
        2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
        3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
        4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
      2. disclose your personal information to any third party other than as set out below:
        1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
        2. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
        3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
        4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
        5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
      3. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Sports Essence is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
      4. Ratings and Reviews:When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
      5. We will –
        1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
        2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
        3. provide you with access to your personal information to view and/or update personal details;
        4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      6. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
      7. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Sports Essence, SPORTS ESSENCE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
      8. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 9.

 

  1. Changes to these Terms and Conditions

Sports Essence may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

 

  1. Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 9 above.

 

  1. Ownership and copyright

    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Sports Essence, its advertisers and/or sponsors and/or is licensed to Sports Essence.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
    4. Where any of the Website Content has been licensed to Sports Essence or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

 

  1. Disclaimer

    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst Sports Essence takes reasonable measures to ensure that the content of the Website is accurate and complete, Sports Essence makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Sports Essence’s representatives, Sports Essence shall not be bound thereby.
    3. Sports Essence disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of Sports Essence, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Sports Essence also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Sports Essence, its employees, agents or authorised representatives. Sports Essence thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

 

  1. Linking to third party websites

    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Sports Essence is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

 

  1. Limitation of liability

    1. Sports Essence cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Sports Essence, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
    2. SPORTS ESSENCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    3. YOU HEREBY INDEMNIFY SPORTS ESSENCE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

 

  1. Availability and termination

    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. Sports Essence may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Sports Essence will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    4. Sports Essence is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Sports Essence, in whole or in part, on notice to you. Sports Essence shall only be liable to refund monies already paid by you (see Sports Essence’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, you can choose to stop using the Website, with or without notice to Sports Essence.

 

  1. Governing law and jurisdiction 

    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and Sports Essence, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 17 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

  1. Notices

    1. Sports Essence hereby selects 10 La Cotte Street, Edgemead, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Sports Essence may change this address from time to time by updating these Terms and Conditions.
    2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Sports Essence not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by email will be deemed to have been received 24 (twenty four) hours after it was sent.

 

  1. General

    1. Sports Essence may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
      1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      2. Any failure on the part of you or Sports Essence to enforce any right in terms hereof shall not constitute a waiver of that right.
      3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
      6. These Terms and Conditions contain the whole agreement between you and Sports Essence and no other warranty or undertaking is valid unless contained in this document between the parties.
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