TERMS AND CONDITIONS
Terms and Conditions – Aloe Ferox SA Online Shop
By accessing and using the Aloe Ferox SA (“the Company”) website – www.aloeferoxsa.co.za – (“the Website”), the customer/purchaser/website browser (“the User”) agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of the Company.
By using the Website or communicating with the Company by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy:
The use of any product bought from the Website is at the User’s risk. The User indemnifies and holds the Company harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website. The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Company and not sold or made known to third parties. Only the necessary information, that is the User’s delivery address and contact phone number will be made known to third parties delivering the product. The Company undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Company cannot be held responsible for security breaches occurring on the User’s electronic device (Personal computer or other electronic device used to browse the
website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
Subject to stock availability and receipt of full payment, orders will be processed within 10 days and handed over to a courier company for delivery. For very remote areas not serviced by standard courier companies, the Company will deliver via a courier company to the nearest town to the User that is accessible to the courier within their normal routes. In rare cases, an additional delivery fee may be charged at the sole discretion of the Company where additional costs are incurred in order to facilitate delivery to certain outlying areas. The Company will endevour to supply all goods to the User’s chosen delivery address in good order. Cancelled orders on the e-commerce facility will be refunded after deduction of a 15% charge for administration costs. The Company reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet our strict standards. Should the Company this right, the
User will receive a full refund with no deductions. Where delivery has been attempted unsuccessfully and the client has not been able to accept delivery, the Company reserves the right to levy an additional delivery fee equivalent to the door to door courier fee. Goods will not be released/delivered until this fee is received.
FREE Delivery in Mosselbay/George Area:
The Company offers free delivery in the Mosselbay/George area. To make use of this facility, the User should ensure that his/her delivery address is completed during checkout with a valid address in the Mosselbay/George area with an applicable postal code.
Delivery to other parts of South Africa:
A delivery fee of R100 will be charged. (The Company has the right to change this amount at any time.)
The User may, should they choose to, collect his/her order from the Company’s premises in Great Brak River once they have received a confirmation from the Company. The confirmation must be presented when collecting – no stock will be released without it.
The offers on the Website is available to South African clients and delivery addresses only.
Payment may be made via Instant EFT, Credit & Cheque Card, Debit Card, Masterpass, Zapper, SCode voucher using the secure Payfast payment system.
Credit Card Acquiring and Security:
Credit card and Instant EFT transactions will be acquired for the Company via Payfast (Pty) Ltd. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy. Merchant Outlet country and transaction currency, the merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Updating of these Terms and Conditions:
The Company reserves the right to change, modify, add to or remove from, portions or the whole of these Terms and Conditions at any time. Changes to these Terms and Conditions will become effective upon such changes being posted to www.aloeferoxsa.co.za. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of the Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights:
The Company provides certain information on the Website. Content currently or anticipated to be displayed on the Website is provided by the Company or any other third party owner, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyrighted by the Company, or any other third party owner of such rights and is protected by South African and international copyright laws. The Company reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Website and the Content is reserved and retained by the Company. Except as specified in these Terms and Conditions, the User is not granted a license or any other right
including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
The Aloe Ferox SA logo/device is a registered trademark of Aloe Ferox SA.
Limited License to General Users:
The Company grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only. The Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the Company. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of the Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Website or the Content nor any part thereof without the express written consent of the Company. The Company does not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. Any unauthorised use terminates this license.
Limitation of Liability:
The Website and the Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Company makes no warranty or representation as to the availability, accuracy or completeness of the Content.
Privacy – Casual Browsing:
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User’s computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Company uses this information to determine use of the Website, and to improve the Content thereon. The Company assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Choice of Law:
The Website is controlled, operated and administered by the Company from its premises within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use the Website in violation of South African export laws and regulations. If the User accesses the Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Johannesburg High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full
force and effect. These Terms and Conditions constitute the entire agreement between the Company and the User with regard to the use of the Content and the Website.
Where an order has fallen outside of SLA, or other issues have been experienced, same should be escalated to the Company using the form on the contact page.
Please allow up to 48 hours for remediation, following which alternate remedy may be sought in line with the South African Law relating to consumers and retail businesses. The Company reserves its right to take legal criminal and/or civil action with cost of suit against social media, consumer complaint platforms et al, and against the poster/surfer/customer where complaints posted have not been escalated correctly, and a reasonable time has not been allowed to remedy same.