1.INTRODUCTION
1.1 ScallyWags Climbing is a company duly registered within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) including all amendments and regulations thereto. ScallyWags Climbing provides an online web platform for the sale and supply of goods to retail and wholesale customers.
2.USE OF THE WEBSITE AND ONLINE PLATFORM
2.1 Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.
DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires, the following definitions shall apply:
“Agreement” means this agreement between ScallyWags Climbing and the Consumer or Retailer subject to the terms and conditions set out below
“Business Day” means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.
“Consumer” means a Consumer in terms of the Consumer Protection Act 68 of 2008.
“The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)
“The Protection of Personal Information Act of 2013” means the Protection of Personal Information Act of 2013 (the “POPI”)
“Privacy Policy” means the Privacy Policy available on ScallyWags Climbing’s Website or Online Platform which the Consumer or Retailer assigns to.
“Shopping Cart” means any and all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. ScallyWags Climbing reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 60mins only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and ScallyWags Climbing cannot guarantee the availability of items in the user’s shopping cart.
“Checking Out/Check Out” means any and all goods selected by the Consumer or Retailer which are then confirmed and accepted by the User in completion of the transaction.
“Contract” means the completion of an order and commencement of a legally binding agreement between ScallyWags Climbing and the Consumer or Retailer.
“Order” means a purchase completed or submitted by means of ScallyWags Climbing’s Website or Online Platform.
“You/Your” means the Consumer, Retailer or User of the ScallyWags Climbing’s Website or Online Platform including both Consumers and Retailers.
“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the ScallyWags Climbing or Online Platform including both Consumers and Retailers.
“Website or Online Platform” means the ScallyWags Climbing Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.
Where the context permits, words denoting:
(a) persons shall include bodies corporate and unincorporated associations of persons;
(b) the singular include the plural and vice versa; and
(c) one gender shall include any gender.
All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.
3.FORMATION OF A LEGALLY BINDING CONTRACT
3.1 ScallyWags Climbing offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers or Retailers via electronic or other transaction methods. Upon registering ScallyWags Climbing’s Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale.
The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of ScallyWags Climbing’s services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with ScallyWags Climbing.
4.ACCEPTED PAYMENT METHODS
4.1 ScallyWags Climbing reserves the right to obtain validation of the User’s payment details before delivery of the Goods. Once payment has been made for an order, the Order remains valid as an offer until ScallyWags Climbing issues a Confirmation of Order or a notice revoking the Order as the case may be. All goods shall remain the sole property of ScallyWags Climbing until payment has been effected in full by the User. Once payment has been effected a valid sale shall have been concluded encompassing an offer by ScallyWags Climbing and acceptance by the User. ScallyWags Climbing is not responsible for the use of the customers debit and credit cards. ScallyWags Climbing offers the following methods of payment in completion of your transaction:
4.2 PAYMENT VIA CREDIT AND DEBIT CARDS
ScallyWags Climbing accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions shall be secure by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed or misused. Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The User warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.
4.3 PAYFAST PAYMENT METHOD
PayFast is an external payment portal option available to all customers. When a customer elects to make use of Payfast as a method of payment, he/she understands and accepts that the onus of full payment remains at all times with the customer. Any payment shortfalls or additional charges shall be for that customer’s account.
4.4 ScallyWags Climbing shall not be liable for discrepancies in payment or additional charges levied in transactions when customers make use of the Payfast platform and service. ScallyWags Climbing shall not be liable for improper use on customers credit cards and debit cards. the customer is liable for all payments made with their payment methods.
4.5 SUPPLY OF GOODS – SOUTH AFRICA
ScallyWags Climbing shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, ScallyWags Climbing makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers.
ScallyWags Climbing makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below.
While ScallyWags Climbing endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. ScallyWags Climbing, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, ScallyWags Climbing shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Goods being collected can be done by proof of order number or email address. Please ensure your order number and order information is kept confidential.
5.QUALITY OF GOODS
5.1 ScallyWags Climbing shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, ScallyWags Climbing makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. ScallyWags Climbing makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below.
While ScallyWags Climbing endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. ScallyWags Climbing , shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, ScallyWags Climbing shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Please email info@ScallyWags Climbing.com for more information about ordering from outside of South Africa
All costs quoted exclude any clearance charges that are required by the client in the country.
6.DELIVERY OF GOODS
6.1 ScallyWags Climbing currently only delivers within the South African border via the online platform. Please contact info@scallywagsclimbing.com to enquire about delivery into Africa.
ScallyWags Climbing shall endeavour to have all orders delivered within 7 working days of the order being placed in South Africa. However, the delivery time may vary depending on external factors beyond ScallyWags Climbing ‘s control. ScallyWags Climbing shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. While ScallyWags Climbing endeavors at all times to adhere to previously stated delivery times and schedules of 7 working days, during promotions and special sale events delivery times and schedules may be varied due to the influx of customer orders.
Deliveries may be delayed due to force majeur, logistical, promotional and other considerations. Where stock is sold out due to the above factors, ScallyWags Climbing shall endeavour to assist customers by offering similar goods or products or store credit or refund in lieu of such shortages. Risk on delivery shall pass to the Consumer upon delivery, unless the Consumer arranges to have the goods picked up or employs the services of his/her own delivery company, in which case risk shall pass to the Consumer upon collection of the goods.
No deliveries shall be made to P.O Boxes or LOT No’s or outlying areas which are not accessible by delivery companies. The onus remains with the Consumer to ensure that an accessible physical address is provided.The Consumer has a duty to ensure that the goods are inspected upon delivery, and to notify ScallyWags Climbing within 48 hours of any defects, damages or incorrectly supplied goods. Delivery charges shall be detailed with each individual order and may differ based on the size, type and quantity of goods ordered by the Consumer or Retailer.The User or Consumer agrees and accepts that should the he/she change the order, delivery address or specifications after an order has been dispatched, then there shall be delays with the date and time of delivery based on logistical considerations. Any request to change an order that has been placed must be done via email and this will result in a 24-48 hour delay.
6.2 DELIVERY CHARGES
ScallyWags Climbing offers delivery within South Africa for any order , a transport charge will be applicable.
7.CANCELLATION POLICY
7.1 The Consumer may at any time prior to the order being finalized and confirmed online via completion of the transaction, cancel the order at no charge to him or her. Once the order has been confirmed and finalized however, ScallyWags Climbing reserves the right to charge a reasonable handling or administrative charge which may be up to 10% of the purchase price of the goods in accordance with the Consumer Protection Act (the “CPA”) ScallyWags Climbing reserves the right to cancel any order where there is suspicion of fraud, misconduct or other criminal activity and to refuse the supply of goods in such circumstances. The Consumer may not unilaterally cancel the transaction, subject to the terms of the Returns Policy in Clause 7 above. All cancellation of orders must be done in writing from the account holder related to the purchase and refunds shall take 7-14 working days to process. If cancellation is done after an order has been shipped, the customer shall be refunded only once the order has been returned and validated in the warehouse at ScallyWags Climbing and that account holder may be liable for shipping charges.
8.Misuse or Abuse
ScallyWags Climbing reserves the right, at the sole and exclusive discretion of management to:
Limit or restrict all access to users of the ScallyWags Climbing website, social media pages, mobile app or mobile platforms.
Suspend or ban users from accessing its website, social media pages, mobile app or mobile platforms.
Delete or remove any comments, statements or posts by users which may have the effect of bringing ScallyWags Climbing, its brand, company, staff or directors into disrepute.
Record, including by way of recording or screen captures any posts which may be defamatory, slanderous or which may otherwise have legal implications for users.
Take any other action which has the effect of mitigating or limiting reputational damages or defamatory conduct.
8.1 LIMITATION OF LIABILITY
Unless otherwise provided in any further written agreement, ScallyWags Climbing shall not be liable to Consumers, Retailers or Users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use ScallyWags Climbing’s Website or Online Platform or the supply or resale of any goods or services.
9.INFORMATION AND DATA PROTECTION – POPI
9.1 In this clause the terms “data subject” and “process” have the meanings given to them in the Protection of Personal Information Act of 2013 (POPI). Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of POPI. ScallyWags Climbing shall ensure that all information collected from Consumers, Retailers and Users shall be collected for the specific purposes of interacting, transacting and conducting business, including information obtained for the purposes of marketing and advertising. ScallyWags Climbing warrants that it has appropriate technical and organizational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement.
ScallyWags Climbing will cooperate with and assist any Consumer, Retailer or User at no charge in allowing data subjects to exercise their rights under the The Protection of Personal Information Act of 2013 and will comply with any reasonable request made by Consumers, Retailers or Users to ensure compliance with the measures mentioned in the Act. The Consumer, Retailer or User warrants that it will notify ScallyWags Climbing immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.
9.3 If ScallyWags Climbing becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:
(a) immediately notify the Consumer, Retailer or User of the details of the incident and
(b) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Consumer, Retailer or User;
10.GENERAL
This Agreement together with relevant provisions of the Privacy Policy constitutes the entire agreement between ScallyWags Climbing and the Consumer, Retailer or User and supersedes all previous agreements and arrangements (if any) whether written, oral or implied. The Consumer, Retailer or User acknowledges that, in entering into this Agreement, it has not relied on any representations by ScallyWags Climbing, made before the execution of this Agreement other than those expressly set out in this Agreement. Any amendments to this agreement shall be provided to the Consumer, Retailer or User upon the next usage of the Website or Online Platform and continued usage thereof shall constitute acceptance of such agreement. All images and information relating to logos, fonts, brands, products, content, pricing, sizes, specifications, and other proprietary information, hosted on the website or online platform remain the sole and exclusive property of ScallyWags Climbing. Copying, distributing, usage, dissemination, alteration, and manipulation thereof without the express written consent of ScallyWags Climbing is an offence and shall be punishable to the full extent of the law. Any notice required to be given under this Agreement shall be given in such manner as is expressly provided below in terms of this agreement shall be given in writing signed by a person duly authorised by the sending party and delivered by hand, e-mail or registered mail to the recipient at its address specified in this Agreement (or as otherwise notified from time to time to the sender by the recipient for the purposes of this Agreement).
This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;
11.ONLINE ONLY STORE
ScallyWags Climbing is a strictly online-only store with its domicilium displayed for notices and legal processes only. Customers may not visit the ScallyWags Climbing address for collections or queries as these have to be addressed through its various online and social media platforms only.
11.1 ADDRESS FOR NOTICES
ScallyWags Climbing chooses the following address for the receipt of notices, processes, documentation and communications. Should any communications not be directed to the addresses below, ScallyWags Climbing reserves the right to deem such notices, processes or communications as undelivered and incorrectly served.
Enquiries to: info@scallywagsclimbing.com
