TERMS AND CONDITIONS FOR THE ORDERING, SALE AND DELIVERY OF GOODS FROM THE MARKET SPOT TRADERS PROPRIETARY LIMITED (trading as “THE MARKET SPOT”) AND IN RESPECT OF THE USE OF THIS WEBSITE ACCESSED ON WWW.THEMARKETSPOT.CO.ZA
THESE TERMS AND CONDITIONS OF SALE FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (AS DEFINED BELOW) (“TERMS AND CONDITIONS”) AND SHOULD BE READ CAREFULLY.
ANY REFERENCE HEREIN TO “TMS”, “US” AND/OR “WE” MEANS: SIGA DISTRIBUTORS (PROPRIETARY) LIMITED, TRADING AS THE MARKET SPOT.
THROUGH CLICKING A BOX INDICATING YOUR ACCEPTANCE ON THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST EVERY PERSON WHO ACCESSES OR USES THIS WEBSITE (“YOU”, “YOUR’, “USER”).
THIS WEBSITE ENABLES YOU TO SHOP ONLINE FOR THE RANGE OF GOODS ADVERTISED ON AND AVAILABLE ON THIS WEBSITE WHICH COLLECTIVELY SHALL BE REFERRED TO AS “GOODS” AND/OR “PRODUCTS”.
YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT IN FULL IF YOU USE OR MAKE A PURCHASE OF ANY PRODUCTS VIA THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS AND OTHER POSTED POLICIES THEN DO NOT USE THIS WEBSITE, DO NOT PROVIDE ANY INFORMATION TO THIS WEBSITE, AND DO NOT PURCHASE ANY PRODUCTS ON THE WEBSITE.
CONSUMER PROTECTION ACT
These Terms and Conditions may apply to users who are consumers for purposes for the Consumer Protection Act No.68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this sub-clause and which –
- may limit the risk or liability of TMS; and/or
- may create risk or liability for you; and/or
- may compel you to indemnify TMS; and/or
- serves as an acknowledgement by you of a fact,
of which we wish to particularly draw your attention.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict or limit any right or obligation, as the case may be, created for either you or TMS in terms of the CPA.
IF THERE IS ANY PROVISION OF THESE TERMS AND CONDITIONS THAT YOU DO NOT UNDERSTAND, IT IS YOUR RESPONSIBILITY TO REQUEST CLARIFICATION FROM TMS BEFORE YOU ACCEPT THESE TERMS AND CONDITIONS OR CONTINUE USING THE WEBSITE.
Questions? E-mail us at email@example.com
- Registration and use of the Website
1.1 only registered users may order Goods on the Website.
1.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to TMS. You will need your unique username and password to access the Website in order to purchase Goods.
1.3 You agree and warrant that your username and password shall be for personal use only, and shall not be disclosed by you to any third party.
1.4 For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
1.5 You agree that, once your 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.
1.6 You agree to notify TMS 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.
1.7 By using the Website you warrant that you are 18 (eighteen) years 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 this Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his or her consent, then such person agrees to be bound by these Terms and Conditions and to be liable and responsible for you and all of your obligations under these Terms and Conditions.
1.8 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 this 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 this Website or the information contained herein.
1.9 You may not use this Website to distribute material which is offensive, defamatory, contains or amounts to hate speech or which is otherwise unlawful.
1.10 you may not in any way publish, copy, print or otherwise use this Website and or the information contained herein without the express written consent of TMS.
- Making a purchase: Orders and Sales
2.1 Registered users may place orders for Goods, which TMS may accept or reject. Whether or not TMS accepts an order depends on the availability of Goods, correctness of the information relating to Goods (including without limitation, the price) and receipt of payment or payment of authorisation by TMS for the Goods.
2.2 PLEASE NOTE: Regardless of any communication from TMS stating that your order or payment has been confirmed, it is only at by delivering the Goods to you that an agreement of sale between you and TMS comes into effect (“the Sale”). TMS will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
2.3 You hereby acknowledge that stock of all Goods on offer is limited. In case of Goods for sale by us, we will make all reasonable efforts to monitor our stock levels and to update the Website when Goods are no longer available. However we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of the amount paid for such Goods.
2.4 Orders may not be cancelled by you after our receipt of payment of the Goods. After dispatch of your Goods, you may only cancel the Sale in accordance with the Returns Policy below.
2.5 Placing Goods in a shopping cart without completing the purchase process does not constitute an order for such Goods and as such Goods may be removed from the shopping cart if the stock is no longer available. You cannot hold TMS liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
2.6 ERRORS: We 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, we will not be liable for any loss, expense or claim relating to any transaction based on any error, save in the case of our gross negligence or where based on an incorrect price and then our liability will extend only to refunding you for any amount already paid, or as otherwise set out in the Returns policy below. Please note that Goods may look or present differently on screen than they do physically. These variations may include the item or parts thereof appearing smaller or larger than their actual size or the colours representing differently on screen. This is due to the fact that computer monitors are set differently from user to user and therefore we cannot be held responsible for these perceived variations in Goods.
- Prices and Payment
3.1 All prices are given in South African Rands (ZAR) and will be the price at the time that you place your order with us.
3.2 Prices quoted are exclusive of Value Added Tax (VAT) at 15%.
3.3 The prices will be as per the quote when you place the order in line with paragraph 3.1 and not the price that may be quoted on the Website. However, you will always have the right not to proceed with an order if you do not agree to pay any increased price amount quoted to you when you order.
3.4 For international customers- please note that prices exclude local duties or taxes (if applicable). We are unable to give advice on any local duties or taxes and we are not liable for these costs.
3.5 TMS is committed to providing secure online payment facilities. All transactions are encrypted.
3.6 Payment for Goods can be made via: Credit Card (in which event we may require additional information from you in order to authorise or verify payment before we finalize the order), or Instant EFT via Payfast.
3.7 Card Acquiring & Security
Card transactions will be acquired for TMS via Payfast who are the approved payment gateway for all South African Acquiring Banks. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users should go to www.payfast.co.za to view their terms, including security certificate and security policy.
3.8 Customer Details Separate From Card Details
User details will be stored by TMS separately from the card details that have been entered by the user on Payfast’s secure site. For more detail on Payfast, refer to www.payfast.co.za for its terms and conditions.
3.9 You may contact us via mail to firstname.lastname@example.org in order to obtain a full record of your payment. We will also send you an email and SMS communications about your order and payment.
3.10 Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price of the Goods.
4.1 TMS offers the following methods of delivery of Goods to you, namely via our private delivery service within the Cape Town metro area, and via courier for national deliveries.
4.2 Please note that some items may carry additional delivery fees, which we will include in the delivery cost upon checkout.
4.3 Where TMS accepts your order, we will deliver the Goods to you as soon as reasonably possible but not later than 30 (thirty) 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, TMS will reimburse you for the purchase price.
4.4 All orders will require a signature on delivery. We are unable to deliver to PO Boxes or concierge desks. If someone else at your delivery address has signed for your delivery, we will not be held responsible should you then advise that you have not received the item.
4.5 Depending on your delivery address, the cost of delivery will be quoted to you at the time that you place your order.
4.6 It is your responsibility to supply full and accurate delivery instructions and a contact number. Additional charges may be levied if an item is returned due to insufficient or accurate delivery details.
4.7 If an order is returned to us due to the postal or courier service not being able to complete the delivery for any reason, you will be responsible for the repeat delivery costs (and increase to the extent that delivery is requested to a different address which affects our delivery costs).
- Returns Policy
5.1 You are advised to please inspect your purchase on receipt, before disposing of any packaging and to please inform us of any damages or defects via email by no later than 48 (forty eight) hours of receipt of the items.
5.2 Goods not eligible for returns include: books, intimates, underwear, swimwear, lingerie, jewellery for piercings, beauty or body products, foodstuffs or beverages, custom made or personalized Goods.
5.3 After 30 days you can only return a product that is defective and which must be done within 6 (six) months of delivery thereof to you.
5.4 Damaged items (that were delivered in a damaged state) will only be accepted for repairs where they were delivered to you damaged but shall in any event not be able to be returned or exchanged. The damaged item will be inspected and assessed by us where an outcome will be decided on. After assessment, we may repair the item if we accept that it was delivered in a faulty state.
5.5 If there is a manufacturing fault with the item (as determined after our assessment), you may send it to us 6 months after the date of purchase. We shall not be obliged to refund you but will assess the item (in our sole discretion) and will repair it if we accept that it has a manufacturing default. We will not accept any items for assessment where it appears that the item has not been cared for, or if it is normal wear and tear. If there is an extended supplier warranty on any Goods, you will have the benefit of such extended supplier warranty but it shall be subject to that manufacturer’s Terms & Conditions.
5.6 The following will not be regarded as defects and will not entitle you to any replacement or credit in terms of this returns policy –
- faults resulting from normal wear and tear; and
- damage arising from incorrect usage of the product.
5.7 If the product is found not to be defective or damaged, you will not be entitled to any replacement or credit, but will instead be liable for the costs incurred in having such a product returned to us and then redelivered to you.
5.8 We do not accept responsibility for any returned items not received by us.
5.9 With faulty items sent to us in terms of the above paragraphs, you will be required to present the original tax invoice.
- Damaged Goods or Delivery of Incorrect Goods
6.1 If you receive an item from us that is not what you ordered or is damaged, we shall have no liability to you unless you notify us of the problem by email to email@example.com within 7 (seven) working days of receipt of the items in question.
6.2 On confirmation of the delivery date from us, if you don’t receive the items that you ordered from us within this time frame of the delivery date advised, we will have no liability to you unless you notify us by email or telephone of the problem and then only if we determine that it has not been delivered due to a fault of ours. This must happen within 7 (seven) working days from the date of delivery by us. If you do notify us, we will be obliged to either:
6.2.1 make good any non-delivery of the item (where possible in the circumstances);
6.2.2 refund to you the amount paid by you for the item in question. This excludes the delivery charge.
6.3 We will not in any event, be liable to you for any indirect, consequential, incidental loss or damage of items purchased from us.
6.4 We cannot be held responsible for any delays in delivery once the item has left us and is in possession of the courier company engaged to deliver the item to you.
- Electronic Signature
You acknowledge and agree that by agreeing to these Terms and Conditions electronically you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms and Conditions. By completing purchase YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS OFFERED BY THE OPERATOR OF THE WEBSITE.
- Website Use
8.1 Your use of the Website for any illegal or unauthorized purpose is expressly prohibited. You represent and agree to provide true, accurate, current and complete information about yourself.
8.2 Errors on the Website may be corrected when discovered, and we reserve the right to revoke any stated offer to correct any errors or inaccuracies.
- Disclaimer of Warranties and Limitation of Liability
Please note also that any warranties provided in relation to any Goods only extend to you on the understanding that you are not a reseller of such Goods.
- Governing Law & Dispute Resolution
10.1 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 any party against the other, arising from any of these Terms and Conditions.
10.2 If a Dispute arises under these Terms and Conditions, each of the Parties (namely you and TMS) agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact us with Disputes by writing to us at: firstname.lastname@example.org.
10.2 TMS will contact you by letter to your billing address you provided us.
10.3 If any Dispute cannot be resolved informally within 10 days of receipt of notice of the dispute in terms of 13.2, we each agree that any and all Disputes, 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 proceeding may otherwise fall below the monetary jurisdiction of that court.
10.4 Nothing in this clause 10 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
10.5 This clause is severable from the remainder of these Terms and Conditions.
11.1 Severability. These Terms and Conditions constitute the entire agreement between you and TMS and supercedes any prior version of these Terms and Conditions relating to the Goods and TMS. If any of these provisions is found by the arbitrator or a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Terms and Conditions to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms and Conditions.
11.2 No Representations. In agreeing to these Terms and Conditions, you confirm that you have not relied on any representation other than those expressly stated in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these Terms and Conditions. In the event of any inconsistency between the provisions of these Terms and Conditions and the terms contained on any purchase order or other communication, these Terms and Conditions shall govern to the extent of such inconsistency.
11.3 Modifications. TMS reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these Terms and Conditions constitutes your acceptance of such changes. TMS does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by TMS in writing, you may not amend these Terms and Conditions in any way.
Any notice or other communications arising in relation to these Terms and Conditions shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, TMS will use the email address you provided to TMS when you ordered your Goods. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
- Termination of access to Website
We reserve the right to terminate your access to or use of this Website should we believe that you have violated any of these Terms and Conditions, or if we believe you have sought, in bad faith, product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or TMS’ business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
- Intellectual Property Rights
The Website, and all content appearing therein is the sole and exclusive property of TMS or its licensors. No license or ownership rights in or to any content of the Website or in respect of the content are conveyed to you by reason of this Agreement or your purchase of any Goods. The Website, and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website or copy its content without TMS’ prior written consent.
- Third Party Websites
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by TMS of the content of, or any association with, such external third party websites. TMS does not make any representations regarding the content of any third party websites and is not responsible for technical support for any third party websites. If you have any issues relating to third party websites, you are required to contact the support services of the relevant websites directly. TMS will not be liable for any costs, claims, damages that you may suffer as a result of your use of, or failure to access, any external website. TMS further does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against TMS with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
- Country Of Domicile
This Website and TMS are governed by the laws of South Africa and TMS chooses the address listed below in this clause as its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Domicilium address: 22 Blythwood Drive, Plattekloof Glen, Cape Town
TMS may, in its sole discretion, change this agreement or any part thereof at any time without notice.
- Our Contact Details
The Market Spot Traders (Pty) Ltd trading The Market Spot
TMS makes the following disclosures in accordance with the requirements of Electronic Communications and Transactions Act, which should be read with the descriptions of the products offered on the Website –
- Full name: The Market Spot Traders (Pty) Ltd, registration number: 2016/168716/07
- a private company registered in the Republic of South Africa;
- Main business: online retailer;
- Physical address for receipt of legal service: 22 Blythwood Drive, Plattekloof Glen, Cape Town;
- Website address: www.themarketspot.co.za;
- E-mail address: email@example.com, and to firstname.lastname@example.org;