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Terms and Conditions

1.         GENERAL TERMS AND CONDITIONS

           

These terms govern all access to and information contained on this Website. All Products offered to you for purchase, as well as your decision to make a purchase of any item contained on this Website, are subject to these terms. Kindly read these terms, which set out our rights and responsibilities to you, as well as the conditions of any offer taken up by you on this Website.

 

These terms may be amended by us from time to time, without notice. You are required to read them before taking up any offer. For any assistance regarding the interpretation of these terms please feel free to contact us on www.thebrandstore.co.za

 

You are not obliged to access this Website or purchase any Products, but should you choose to do so, you agree to be bound by these terms. Therefore your access to this Website or purchase of any Products indicates your acceptance of these terms. All Products offered are subject to The Brand Store’s standard ‘Terms and Conditions’ which is available from the Website.

 

2.         DEFINITIONS

            2.1.      “AUP” means Acceptable Use Policy which is available at www.thebrandstore.co.za, as amended from time to time;

            2.2.      "ECT Act" means the Electronic Communications and Transaction Act no, 25 of 2002, as amended from time to time;

            2.3.      “The Brand Store” means Brand Store Online (Pty) Limited, a company duly registered in terms of the laws of the Republic of South Africa, having its registration number as 2013/157338/07;

            2.4.      "Products" means any and all of the products, available on the Website from time to time;

            2.5.      “We/ us”/ “our” means The Brand Store/ Website facilitator and jointly as the context may provide;

            2.6.      “Website facilitator” means Digital Planet (Pty) Ltd, a company duly registered in terms of the laws of the Republic of South Africa, having its registration number 1997/009391/07

            2.7.     

“Website” means http://www.thebrandstore.co.za

 

3.         ACCESS/ USE OF WEBSITE

            3.1.      Registration

            3.1.1.    Before you may make an offer to purchase any of the Products provided by us it is necessary that you register, as a purchaser. Registration is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register. Any person not permitted to register but who does so, shall be guilty of committing fraud and we may take whatever legal action it deems necessary to obtain the appropriate relief.

            3.1.2.    Registration is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. By registering you are required to provide us with, complete and accurate information about yourself and you warrant that the information provided is correct.

            3.1.3.   

Upon acceptance of your registration, an email confirmation of your registration will be transmitted to you. Transmission times depend on your internet service provider, but it typically takes less than an hour to receive the email confirmation. If you do not receive the email confirmation, you should contact our Support Call Centre the details of which are contained under Contact information.

 

            3.2.      Password

            3.2.1.    Without a valid email address (your user identification) and password, you will not be able to purchase Products displayed on the Website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password shall be attributed to you.

            3.2.2.    Do not under any circumstances divulge your password and username to any third party. We will never ask you for your password and username in combination. You may be asked for your username by our contact centre should contact be initiated by you. We will assume no liability for any loss or damage as a result of you disclosing your password to any third party. You hereby indemnify us in respect of any loss or damage whatsoever which may arise out of any activity as may occur under your password, username or account designation.

            3.2.1.3 

If you suspect that the confidentiality of your password has been compromised you should immediately advise us by email to thebrandstore.co.za and we shall upon receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all or any transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.

 

            3.3.      Termination or suspension of registration

                       

If you are in breach of, or we believe that you may breach, any of the terms and conditions governing the use of, or trading using the Website, we may, in our absolute discretion, either suspend or terminate your registration.

 

4.         TERMS OF USE OF THIS WEBSITE

            4.1.      We grant you a limited license to access and make personal use of the Website. You are not allowed to modify (other than page caching) the Website or any portion thereof without our prior written consent.

            4.2.      This license does not permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

            4.3.      The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent.

            4.4.      You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or our affiliates without prior written consent.

            4.5.      You may not use any meta tags or any other "hidden text" utilizing the name of the Website name or trademarks associated with the Website without our prior written consent. Any unauthorized use allows us to terminate the permission or license granted to you.

            4.6.   You may not use any of The Brand Store logo’s or other proprietary graphic or trademark owned by the Website Facilitator, or The Brand Store, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic content.

 

5.         ACCEPTABLE USE POLICY

            5.1.      We have implemented an AUP in accordance with section 72 of the ECT Act. We are a member of the Internet Service Provider’s Association (ISPA) and refer you to their Code of Conduct. To view this code kindly visit www.ispa.org.za/code

            5.2.      This AUP determines boundaries of acceptable and unacceptable behaviour of our network and resources by you and contributes to the development of a responsible and responsive electronic consumer culture in South Africa.

            5.3.      We reserve the right to monitor the use of our network and resources and to take any action we deem appropriate against a person/s that uses the network or resources in a manner that we deem inappropriate.

            5.4.      Our network and resources may only be used for lawful purposes and activities. We strictly prohibit any use of our network/resources for any unlawful activities including but not limited to:

            5.4.1.    Any violation of local and international laws prohibiting child pornography; human trafficking; obscenity; unfair discrimination; hate speech and speech designed to incite violence or hatred or threats to cause bodily harm;

            5.4.2.    Any activity designed to defame, abuse, stalk, harass or physically threaten any individual including any attempt to link to, post, transmit any inappropriate or defamatory material;

            5.4.3.    Any violation of intellectual property laws including materials protected by local and international copyright, trademarks and trade secrets. We cannot be held liable for any unlawful use of multimedia content accessed using our network/resources;

            5.4.4.    Any fraudulent or inappropriate activity whatsoever by you, including dubious financial practices, such as pyramid schemes, the impersonation of another subscriber without their consent, or any attempt to enter into a transaction with us on behalf on another subscriber without their consent;

            5.4.5.    Any activity that results in the sale, transmission or distribution of pirated or illegal software;

            5.4.6.   

Should we determine that your use of the Website, Products violates any of the acceptable use conditions as set out above, we reserve the right to terminate your account with us with immediate effect and reserve the right to take all lawful remedies permitted by the ECT Act.

 

6.         TERMS OF TRADE

            6.1.      Invitation to do business

            6.1.1.    The Products which appear on the Website are displayed as an invitation to do business and to allow you to make an offer to purchase the Products from The Brand Store. Only when the Website Facilitator has communicated acceptance of your offer and capability to fulfil the order will an enforceable agreement of sale be transacted. In certain instances, the product you have selected for purchase may not immediately be available. In this instance, the required communication of acceptance from the Website Facilitator can only be communicated to you once we have confirmed availability of the product/s from our suppliers.

            6.1.2.   

The price of any Products sold on the Website is payable in South African Rand and is inclusive of value added tax.

 

            6.2.      Place and time of agreement

            6.2.1.    Agreement as to the terms of use of the Website shall be deemed to have be accepted by you at the time that you first accessed the Website and thereafter confirmed each time that you access the Website and shall be deemed to have taken place in Johannesburg, Gauteng, Republic of South Africa.

            6.2.2.    All communications with us facilitated by the Website, via the Website Facilitator, our Support Call Centre or email communicated between us shall be deemed to have been received, in the case of communications initiated by us when the communication leaves the website or email server, and in the case of communications initiated by you, when it is received on the Website or email server.

            6.2.3.   

Agreement and acceptance by us of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves the Website or email server.

 

            6.3.      Electronic communications

            6.3.1.    When you visit the Website or send e-mails to us, you are communicating with us electronically and you consent to receive communication from us electronically.

            6.3.2.   

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the Website and transactions concluded using the Website, as well as your intent to enter into any transaction on the Website may be evidenced by any action by you from which this may reasonably be inferred.

 

            6.4.      Applicable law

                       

The Website and all communications and transactions concluded using the Website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with us.

 

            6.5.      Transaction History

                       

The transaction history may be accessed by you and is provided for information purposes only. This transaction history will show your electronic transactions performed on this Website only and will not reflect refunds, cancellations or other transactions. For a full and accurate transaction history, email us at thebrandstore.co.za and we will provide you with a copy of your statement.

 

            6.6.      Cancellations, Refunds and Returns

            6.6.1.    Defective Products:

            6.6.1.1. The Brand Store offers a warranty on the quality of the goods purchased, on behalf of and in line with the warranty policy undertaken by the manufacturer/supplier of the Products, provided that the Products have not been altered or used, contrary to the instructions. Warranty is usually 12 months from date of purchase and is a ‘repair warranty’, unless otherwise stated by the manufacturer.

            6.6.1.2. If the Products are found to be defective during the warranty period, you may send an email to info@thebrandstore.co.za, or alternatively, contact the manufacturer's service centre as indicated in the product information leaflet supplied with your Product. You shall also be required to produce the original invoice/ credit card/ debit card slip as proof of purchase. Where the Product is found to be defective, the manufacturer/supplier, shall, at its sole discretion;

                        (a) repair or replace the failed, unsafe or defective Product; or

                          (b) refund you the price paid for it.

              6.6.1.3. Any refund due, will be made in the same manner as your original payment, i.e. to your credit card, debit card or cheque or savings account, as the case may be.

 

            6.6.2.    Late Delivery:

            6.6.2.1 

If a Product purchased from The Brand Store 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 (seven) days’ notice to The Brand Store by phoning 0860000252 Should the Product purchased be unavailable, The Brand Store shall notify you and issue a full refund within 30 (thirty) days after such notice.

 

            6.6.3.    Non- defective Products - Right to “cool off”:

            6.6.3.1.

Products which are NOT defective or damaged or which you found to be unsuitable, can be returned within 7 (seven) days from date of delivery. This is subject to the Products being in its original condition, not tampered with, and the packaging/manuals/cables/remote control units etc. being in its original condition. You would be required to produce the original invoice/ credit card/ debit card or EFT slip as proof of purchase. You are then entitled to request cancellation of the sale of the Products in terms of Section 44 of the ECT Act and to obtain a refund. This is subject to a reasonable explanation being given for the refund request. Brand Store is entitled to charge a handling fee of 15% of the original purchase price on such refunds. Returns may only be made after contacting Brand Store on info@thebrandstore.co.za, or on Share Call number 0860000252 and obtaining the standard Request For Return documentation. The purchased products are to be returned to The Brand Store's nominated address, by the nominated courier service, at the expense of the purchaser. The Brand Store can hold you liable for any damage caused to the Products whilst it is in your possession.

 

            6.7.      Advertising and Printed Material

                        Whilst we make every possible effort to ensure that all Product information and pricing in any form of communication material is factually correct at the time of communicating it to the public, we cannot be held responsible if any factual errors occur beyond our control. Some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to purchase. However, should you be dissatisfied with the Product you receive for any reason, you are entitled to return the Product to The Brand Store in accordance with clause 6.6 above. All prices are inclusive of VAT unless otherwise stated. All prices exclude delivery costs, unless otherwise stated. E&OE.

            6.8.      Delivery of the Products

                       

The anticipated time of delivery of any Products purchased via the Website shall be indicated at the time that any order is accepted by us.

 

7.         PRIVACY AND SECURITY STATEMENT

            7.1.      We know that you care how your personal information may be collected, processed and used and we appreciate your trust that the Website Facilitator will do so carefully and sensibly. This notice describes the privacy policy applicable to electronic transactions. By visiting the Website, you are accepting the practices described in this Privacy and Security statement.

            7.2.      Information you give us: We receive and store information you enter on the Website or in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully. The information is also used in the registration process of the product warranty.

            7.3.      Automatic Information: The Website receives and stores certain types of information whenever you interact on the Website or communicate with us by email. For example, like many websites, we use "cookies," and we obtain certain types of information when your web browser accesses http://shop.thebrandstore.co.za

            7.4.      E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from the Website, if your computer supports such capabilities.

            7.5.      By providing the information to The Brand Store via the Website you consent to the Website facilitators collecting, maintaining, storing and processing the information, provided that the Website facilitators shall:

            7.5.1.    not disclose your personal information to a third party other than to effect the transactions agreed to in using the Website without obtaining your express consent to do so;

            7.5.2.    only disclose your personal information, without your consent, if legally required to do so, or for promotional communication, the consent for which may be withheld by you during your registration on our site;

            7.5.3.    be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified;

            7.5.4.    The Website facilitator shall own and retain all rights to non-personal statistical information compiled by it.

            7.6.      Whilst the Website facilitator and its affiliates shall take commercially reasonable care to safeguard the information provided by you on the Website from unauthorized access or disclosure, neither the Website facilitator nor The Brand Store represent or guarantees that the safeguards will provide absolute protection.

            7.7.     

The Website facilitator shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in these terms, unless agreed with you to the contrary, in writing.

 

8.         INTELLECTUAL PROPERTY STATEMENT

            8.1.      Copyright in any information or trademarks displayed anywhere on the The Brand Store’s Website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by the Website facilitator,The Brand Store or by the original creator of the materials, or by suppliers and service facilitator to the Website or the service providers of The Brand Store. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described on the Website or with the prior written permission of the Website facilitators or The Brand Store.

            8.2.     

All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

9.         DISPUTE RESOLUTION

            9.1.      Any dispute arising out of or in connection with these terms including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the rules, which rules are deemed to be incorporated by reference into this clause and may be accessed at www.trustenforce.org. For all disputes regardless of where they arise, the place of the arbitration is deemed to be Sandton, Gauteng, South Africa. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.

            9.2.     

By using the Website and accepting the conditions of use of the Website and trade conducted using the Website you bind yourself to the terms of arbitration provided herein.

 

10.       COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS

                       

We adhere to the provisions of Chapter VII of the ETC Act and refer you to clause 6.6 above, as well as any policies published by The Brand Store on www.thebrandstore.co.za from time to time in this regard.

 

11.       LEGAL CLAUSES

            11.1.     Website Facilitator: Digital Planet (Pty) Limited

                       

Registered offices: 10A, Achter Road, Paulshof, Sandton, 2146 Gauteng South Africa.

Registration number: 1997/009391/07

Telephone number: 0861114154

Website: www.digitalplanet.co.za

Appointed Domicilium citandi et executandi: 10A Achter Road, Paulshof, Sandton, Gauteng South Africa.

 

            11.2.     BRAND STORE ONLINE (Pty) LIMITED

                        Registered offices: 17 Letaba Street, Eastcliff, Johannesburg

Registration number: 2013/157338/07

 

Telephone number: +27(11) 681 5940

Share Call: 0860000252                                                                                             Appointed Domicilium citandi et executandi: 17 Letaba Street, Eastcliff, Johannesburg, Gauteng South Africa

Website: www.thebrandstore.co.za

Please see The Brand Store Standard Terms and Conditions which applies to all its and Products and services offered at http://www.thebrandstore.co.za/Terms

            11.3.    

Your domicilium et citandi executandi for any legal processes/ notices shall be the email address elected by you to receive delivery of the Products.

 

            11.4.     Severability clause

                       

Any provision in these terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these terms shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of these terms and conditions, without invalidating the remaining provisions of these terms and conditions or affecting the validity or enforceability of such provision in any other jurisdiction.

 

            11.5.     Jurisdiction

                       

The terms set out herein and any Products offered via this Website is subject to the jurisdiction of the laws of the Republic of South Africa.

 

            11.6.     Disclaimer, warranty and limitation of liability

            11.6.1. 

To the extent permissible in law, neither the Website Facilitator, nor The Brand Store, or 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 content provided from and through this Website. Furthermore, we make 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 thebrandstore.co.za.

 

            11.6.2. 

THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER THE WEBSITE FACILITATOR, THE BRAND STORE, NOR THEIR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE FACILITATORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

 

            11.6.3.  TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, THE WEBSITE FACILITATOR, THE BRAND STORE, THEIR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE FACILITATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE FACILILATOR, THE BRAND STORE, DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. THE WEBSITE FACILITATOR, THE BRAND STORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE WEBSITE FACILITATOR, THE BRAND STORE, THEIR DIRECTORS, EMPLOYEES,OFFICERS, OR THEIR SUPPLIERS OR SERVICE FACILITATORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, USE OF THE PRODUCT OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF THE WEBSITE OPERATOR, THE BRAND STORE, THEIR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND SERVICE FACILITATORS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R5000.00.

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