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Terms & Conditions

E–Commerce Terms & Conditions
Jasworth offers a wide range of products in-store as well as online. In order to purchase from the online shop, you need to register. By registering it means that you have read, understood and accepted these Terms and Conditions. If there is anything that you do not understand in the Terms and Conditions, it is your responsibility to contact us.

Introduction
1.1 Our online shop and Website can be accessed on www.jasworth.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Jasworth Sports.

1.2 These Website Terms & Conditions (“Terms and Conditions”) are relevant to the ordering, sale and delivery of Goods, and the use of the Website.

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website. By using the Website and by clicking on the “Register Now”/“Sign up” button on the Website, you acknowledge that you have read, understand and agree to these Terms and Conditions.

1.4 The Website enables buyers to shop online for an extensive range of goods by selected brands which may include footwear, apparel and accessories (“Goods”).

Information
2.1 Full Name: jasworth.co.za a division of Jasworth Sports

2.2 Main Business: Retailer

2.3 Physical address for receipt of legal service (also postal and street address):
First floor, 16A Vuyisile Mini Street, Bethal, 2310

2.4 Office Phone Number: 017 647 2217

2.5 Official email address: jasworthsports@vodamail.co.za

Registration And Use Of The Website
3.1When making a purchase on the Website, you must first register on the website. To register as a user, you must provide a unique username and password and provide certain information and personal details.

3.2 You will need to use your unique username and password to access the Website in order to purchase your Goods. Everytime you are returning to the Website, you would need to input these details again.

3.3 You agree that your username and password shall:
3.3.1 Be used by you for your personal use only; and
3.3.2 Not be disclosed by you to any third party.

3.4 For security purposes you agree to enter the correct username and password whenever purchasing Goods. If you fail to input the correct details, you will be denied access from purchasing on the Website.

3.5 You agree that, once the correct username and password have been entered, irrespective of fraud, perpetrated by whom and howsoever you will be liable for payment of your order.

3.6 You agree to notify us immediately should you suspect any unauthorized access or use of your username and password on the Website.

3.7 To place an order on the Website, you must be 18 (eighteen) years of age or older, and of full legal capacity. If you are a minor, and under the age of 18 (eighteen) or you are not legally permitted to enter into an agreement, you may only use the Website with the involvement of supervision (parents or legal guardian). The legal guardian/parent will then be bound to these Terms and Conditions.

3.8 By acknowledging the Terms and Conditions of the Website, you are agreeing that you will not use any device or software to interfere with the working of the Website.

3.9 You may not, under any circumstances use the Website to distribute any material which is irrelevant, offensive or contains any hate speech.

3.10 You may not, under any circumstances, copy, display, publish or post any information on the Website for any business or personal use. In the case where you wish to publish something on the Website, or use this for anything other than that of the original purpose intended, you would need written consent.

3.11 You agree to receive electronic communication when you sign up for a newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to us.

Sales And Availability Of Stock
4.1 All goods displayed on the Website are subject to availability. Whether or not we accept an order depends on availability of stock, correctness of information and receipt of payment.

4.2 The stated prices on our Website are in South African Rands and are only valid and effective in South Africa.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

4.3 We have done our utmost best to accurately display the Goods. Please note that colours and details of the Goods may differ depending on the device that you are using to access the Website. We cannot be held liable for goods that differ in colour to that of what you thought.

4.4 Your transaction with us will only be completed once the goods have been delivered to you, and only at that point will an agreement of sale come into effect. We reserve the right to not process an order or to cancel an existing order if there has been an error. We will indicate the rejection of your order by cancelling it and refunding you for your amount paid, as soon as possible.

4.7 Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale in any manner, we are entitled to cancel your order immediately on notice to you.

Payment

Payment may be made via Visa and MasterCard.

Card acquiring and security

Card transactions will be acquired for Jasworth via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by Jasworth separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.


Delivery
6.1 we offer 2 (two) methods of delivery. You may elect delivery via:
6.1.1. Courier services which will deliver the Goods to your nominated address; or
6.1.2. Self-Collection by you at a one of our stores.

6.2 In the event that you elect that delivery be made to your nominated address via courier service, We will charge a fixed delivery fee of R100 for delivery to any location within South Africa. All delivery charges will be displayed in your cart when you check out. All orders over R999.00 is free delivery.

6.3 If you choose the option of self-collection, there will be no additional delivery fee.

6.4 Provided your payment and order is accepted, We will deliver the Goods to you or your selected branch as soon as reasonably possible. The delivery of the Goods will be no later than 7 (seven) days of receipt of your payment ("the Delivery Period"). Should any unforeseen circumstances arise whereby we are unable to deliver the Goods during the Delivery Period, we will notify you as soon as we become aware of such unforeseen circumstances. You will have the option of cancelling your order of the Goods. Should your order be cancelled due to the above circumstances, we will reimburse you for the purchase.

6.5 We are not responsible for any loss or unauthorized use of Goods, after the Goods have been delivered. Our obligation to deliver Goods is fulfilled and completed when the Goods have been delivered to the physical address stated by you, and all risk of whatsoever nature in the Goods will pass to you upon delivery to your address via courier services or upon collection by yourself at a branch.

6.6 It is your responsibility to ensure that someone trusted is there for the delivery of your Goods, and that they are able to sign to prove that they have received the Goods. Should you claim that the Goods were not received, but the delivery note has been signed, we will not accept responsibility for the loss.

6.7 It is also your responsibility to ensure that the address given for courier delivery is correct. If you give an incorrect address, and delivery is accepted at that address, we will be under no obligation to refund any payments which you have made.

Returns
7.1 If you are dissatisfied with your purchase due to a defect or incorrect product choice, you may return it with the tags attached, in its original packaging, within 30 days of delivery, by the same delivery method which the parcel was received. The Goods must NOT have been used.

7.2 Exchanges can only be done in a store.

7.3 If you are returning the Goods via courier service, a delivery fee will be charged. If you choose to return your Goods to a store, there will be no delivery fee.

7.4 In the case of a damaged or incorrect Goods having been delivered, we will evaluate the case and issue a refund upon proof of the damaged/incorrect item. A refund will only be done in the original form of payment i.e. Cash for cash or credit for credit into the credit card used on original payment.

7.5 If we conclude that the returned item has been worn or damaged in any way by the customer, it will be returned to the customer at their own cost of service.

7.6 When returning goods in-store that was purchased online, the courier amount will not be refunded. i.e. If the shoe was R550 and the customer paid R600 for the courier service, only R550 will be returned to the customer.

7.7 You can only exchange your returned item for a different size, not for a different colour or any other item.

7.8 If you are exchanging your Goods, you need to contact the customer service team at.................

Content Of The Website

8.1 We reserve the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.

8.2 We reserve the right to change and amend the Goods, prices and rates quoted on the Website from time to time.

8.3 We may use the services of third parties to provide information on the Website. We have no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. You agree that such information is provided “as is” and that we and our online partners shall not be liable for any losses or damages that may arise from your reliance on it, howsoever it may arise.

8.4 We make all efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. Should there be any errors on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error.

Discounted Goods And Promotions
9.1 We may occasionally offer certain Goods at discounted prices as part of an End of Season Sale, promotion or deal. These Goods may be subject to their own terms and conditions. If you buy Goods during the time period of a promotion or sale, you will pay the discounted price.

9.2 If you buy Goods outside the time period of the promotion or sale, then you will pay the then current selling price on the Website i.e. Normal price.

Privacy Policy
10.1 We respect every person using the Website, and their privacy. We will take all reasonable measures to ensure that your personal information is kept secure and protected.

Jasworth shall take all reasonable steps to protect the personal information of users. 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.lawsofsouthafrica.up.ac.za/index.php/current-legislation.


10.2 Should you decided to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
10.2.1. your name and surname;
10.2.2. your email address;
10.2.3. your physical address;
10.2.4. your gender;
10.2.5. your mobile number; and
10.2.6. your date of birth.

10.3. Should your personal information change, please inform us and provide us with updates as soon as possible, to enable us to update your personal information.

10.4. By agreeing to these Terms and Conditions – i.e. by creating an account you consent thereto that we may disclose any of your personal information:
10.4.1. to our employees 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;
10.4.2. to our divisions 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);
10.4.3. to law enforcement, government officials, fraud detection agencies or other third parties, to support the investigation into suspected illegal activity, or to investigate any violations of these terms & conditions;
10.4.4. to our service providers (under contract with us) who help with parts of the business operations. Please note that our contact with our service providers dictate that they may only use your information in connections with the services they perform for us; and
10.4.5. as otherwise provided in applicable legislation or South African common law.

10.5. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control.

Changes To These Terms & Conditions
We may change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms & Conditions. Should you not be satisfied with any clause, you must not place any further orders on, or in any other way use, the Website.

Ownership And Copyright
13.1. 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.

13.2. You will not acquire any right, title or interest in or to the Website or the Website Content.

Disclaimer

14.1. The use of our Website is entirely at your own risk. We will not take any responsibility for any risk or loss resulting from use of the Website.

14.2. We take reasonable measures to ensure that the content of the Website is accurate and complete. We cannot however, take responsibility for the quality, timeliness, operation, integrity, availability or functionality of the Website.

14.3. We disclaims liability for any loss or damage arising from the use or access to the Website and/or any content therein unless otherwise provided by law.

14.4. The Website and the information provided on the Website is provided without any warranty of any kind, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed by law.

14.5. Please note that we also takes no responsibility or makes no warranty for the files available on the Website are free from viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy or compromise the functionality or content of your computer system, computer network, mobile device, hardware or software. We accept no responsibility for any damage, loss or liability of any nature arising from your connection or access to the Website.

14.6. Any views or statements made or expressed on the Website are not necessarily the views of us, our directors, employees and/or agents.

Limitation Of Liability
16.1. Your use of the Website and the information contained on the Website is entirely at your own risk and you assume full responsibility and risk of loss resulting from use thereof.

16.2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by you as a result thereof. We reserves the right to request independent verification of any information transmitted via e-mail and you consent to such verification should we deem it necessary

Availability And Termination
17.1. We will maintain the availability of the Website. Should the Website need maintenance, we are entitled to discontinue providing the Website or any part thereof with or without notice to you.

17.2. We may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that we 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.

17.3. Should you fail to comply with the Terms & Conditions on the Website, or should we feel that you are abusing the rights of the Website in any manner, we may in our sole discretion with or without notice to you, lead to a suspension and/or termination of your access to the Website.

17.4. The Website prohibits its users to create multiple user profile.

17.5. If we are running a promotion, sale or competition whereby the user needs to register with their profile in order to benefit from the discount or use this as their form of entry, and multiple user profiles have been created for the benefit of this, we can suspend or terminate your accesses to use of our Website, with or without notice to you.

17.6. At any time, you can choose to stop using the Website, with or without notice to us.

Law And Jurisdiction
18.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms & Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

Responsibility

Jasworth takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and Jasworth chooses 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 (16A Vuyisile Mini Street, Bethal, 2310; jasworthsports@vodamail.co.za).

Variation

Jasworth may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information

This website is run by Maharbani Trading (pty) ltd (private company) based in South Africa trading as Jasworth and with registration number 2015/0409085/07.

Jasworth contact details Company Physical Address: 16A Vuyisile Mini Street, Bethal, 2310

Email: jasworthsports@vodamail.co.za

Telephone: 017 647 2217


General
19.1. We 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.

19.2. Any failure on the part of you or us to enforce any right in terms hereof shall not constitute a waiver of that right.

19.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

19.4. 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; provided that we may unilaterally amend the Terms and Conditions, which amendments will become effective and binding, and your subsequent tacit acceptance thereof by the use of the Website.

19.5. These Terms and Conditions contain the whole agreement between you and us and no other warranty or undertaking is valid, unless contained in this document between the parties