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TERMS & CONDITIONS

IMPORTANT:

Who you are contracting with:

www.differentstrokes.co.za (the "Website") is owned and operated by Different Strokes (hereinafter referred to as "Ds").

Visitors to the Website ("Users" or "you"), including those Users who purchase any products on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.

Lay-out of these T&C:

These T&C’s apply to your use of, and purchases made on, the Website and are divided into two sections as follows:

  • Part 1 – Purchases from Ds – terms and conditions applying to purchases from Ds (including where Ds acts as sales agent for suppliers)
  • Part 2 – General – terms and conditions applying to your use of the Website and any purchases made by you on the Website. Please take note of the Disclaimer clause in particular.

PART 1 – PURCHASES FROM Ds

Ds Products & Availability

Identification of Ds products:

Product listings which do not specify the name of a third party seller, are products offered for sale by Ds.

Stock availability:

Stocks of all goods on offer are limited. Ds shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Ds be unable to fulfil any order placed by you at the advertised price due to stock having sold out, Ds will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy ("Refund Policy")

Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:

  • constitute an agreement of sale; and/or
  • constitute an order for such product,

and as such, Ds may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Ds liable if such product is not available when the purchase cycle is completed at a later stage.

An agreement of sale only comes into effect if and when:

  • you electronically submit a properly completed order for one or more products in your shopping basket; and
  • payment is either authorised, or received by Ds in its bank account

Termination of Sales & Cancellation of Orders

By Ds:

Ds reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Ds, in whole or in part, on notice to you. Ds shall only be liable to refund monies already paid by you (see Ds's Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

By You:

Save for certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read the Refund Policy for further details in this regard.

Amounts payable by you

Prices:

The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

Delivery Charges:

Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within a certain province or area in South Africa.

Value Added Tax:

Value added tax at the rate of 14% is charged and included on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.

Import Duties:

Import duties may be payable by recipients of goods in foreign countries. Ds does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.

Errors:

Ds shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Ds will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Payment Methods

Subject to the Exceptions listed below, your payment for any products ordered from Ds must be made to Ds's bank account in any one of the following ways:

Credit card payments:

At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled.

Bank deposits & Electronic Funds Transfer:

Ds accepts bank deposits and electronic funds transfers, for purchases made on the Website. Please choose this option on checkout and forward your proof of payment via email to orders@differentstrokes.co.za.

PayFast

PayFast is a service provided to Ds to allow for secure internet retail transactions.

You can only pay via PayFast if you are a registered user thereof and your credit card details are on record with PayFast. If you are not a registered PayFast user, your registration as such may be facilitated as follows:

By selecting the payment option, you will be redirected to a PayFast webpage. PayFast will verify your identity and determine whether you are a registered PayFast user who has placed your credit card details on record with PayFast and pursuant to such verification, the PayFast webpage will either –

  • request you to register with PayFast and redirect you to the PayFast website in order to do so;
  • confirm your registration with PayFast, but require you to save your credit card details with PayFast; or
  • confirm your registration with PayFast and display the credit card details PayFast has on record for you, requesting you to confirm that payment proceed against one of the credit cards so displayed.

You hereby acknowledge and agree that upon clicking on "pay by PayFast", Ds will disclose to PayFast all the customer information Ds has on record for you as is necessary so as to enable PayFast to verify your identity and determine whether you are a registered PayFast user who has placed your credit card details on record with PayFast.

Where we deliver:

Ds currently only delivers to addresses within the borders of South Africa.

All Ds items listed on the Website have an estimated delivery time of 72 hours.

Important to note:

Delivery periods are only regarded as having commenced upon payment confirmation being received by Ds.

If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. Should you thus wish to receive 72 hour products within 72 hours, for example, Ds recommends that you order such products separately from the products requiring longer delivery times and/ or custom order products.

Ds makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.

Vouchers & Coupons

Ds may make physical and/or electronic gift vouchers (“Vouchers”), as well as electronic promotional coupons (“Coupons”) available on the Website from time to time.

General

Vouchers and Coupons can only be redeemed -

  • while they are valid, their expiry dates being unable to be extended;
  • on the Website towards the purchase of Ds products.

Gift Vouchers

Physical Vouchers can be purchased and will be delivered in the same way that Ds products are, either on their own or together with other products.

However, if you place any electronic Vouchers in your shopping basket with other goods, the system will split the basket contents into two orders (one for the goods, and one for the electronic Voucher/s). Payment for the electronic Voucher/s will also be obtained from the bank immediately.

Vouchers cannot be –

  • used to purchase other Vouchers or Coupons;
  • exchanged for cash or
  • transferred or assigned to any other person once already partially redeemed towards a purchase.

Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific Ds products listed on the Website.

Promotional Coupons

Coupons are issued electronically at Ds' own discretion. Users do not have a right to Coupons and Coupons cannot be earned.

Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself –

  • a Coupon can only be used with promotional offers on the Website;
  • only one Coupon can be used per shopping basket; and
  • the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

Please note the following exception in this regard: should the value of the products in your shopping basket have qualified for 'Free Delivery', but after application of the Coupon to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you.

 Note that Coupons cannot be –

  • used to purchase other Vouchers or Coupons;
  • exchanged for cash; or
  • transferred or assigned to any other person.

 

PART 2 – GENERAL

Note that this part 2 applies to all purchases made on the Website, whether from Ds or from any other supplier supplying to Ds.

Restrictions on Sales

Age restrictions:

The onus is on you to ensure that you meet any age restrictions applicable to products ordered by you on the Website and that these restrictions are observed. Accordingly you indemnify Ds from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.

Defects, Returns, Refunds & Guarantees

Should you not be satisfied with any product purchased by you on the Website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us.

Sales Records

A full record of every sale and related transaction between you and Ds shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.

Disclaimer

Save for Ds being liable to you –

  • under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Ds to you via the Website; and
  • under sections 43(5) and 43(6) of the ECT Act in relation to Ds’s payment systems not being sufficiently secure,

Neither Ds nor 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 services or content provided from and through this Website. Furthermore, Ds makes 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 support@differentstrokes.co.za.

Although the products sold via the Website may be under warranty, the Website itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C’s that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Ds and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Governing Law and Jurisdiction

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these T&C’s, you and Ds submit to the non-exclusive jurisdiction of the South African courts.

Privacy

Ds shall take all reasonable steps to protect your personal information.  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).

Ds may electronically collect, store and use the following of your personal information:

  • name and surname;
  • birth date;
  • gender;
  • country of residence;
  • closest city;
  • non-personal browsing habits and click patterns;
  • e-mail address;
  • mobile number (if provided by you);
  • IP address; and
  • ID number / passport number.

Ds collects, stores and uses the abovementioned information for the following purposes:

  • to greet you when you access the Website;
  • subject to your consent, to inform you of facts relating to your access and use of the Website;
  • subject to your consent, to inform you about competitions and special offers from Ds and/or its partners / affiliates;
  • to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
  • to verify your identity when transacting with Ds and/or Marketplace Sellers;
  • to verify your identity to determine whether you are a registered PayFast user who has placed your credit card details on record with PayFast;
  • to ensure that the goods are received by the addressee; and
  • to facilitate communication between you and Ds.

Information detailed above is collected either electronically by using cookies or is provided voluntarily by you.

You may elect not to receive any communications from Ds and/or its partners / affiliates.

Ds may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:

Ds shall not disclose your personal information unless –

  • you consent thereto;
  • through due legal process.
  • Ds may compile, use and share any information that does not relate to any specific individual; and
  • Ds owns and retains all rights to non-personal statistical information collected and compiled by Ds.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Ds suffers any damage or loss.

You agree and warrant that your log-in name and password shall:

  • be used for your personal use only; and
  • not be disclosed to any third party.

You allow Ds to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

All credit card transactions are Secure Socket Layers encrypted. Ds's registration documents and the Website's registered domain name are checked and verified by Thawte.

Changes to Agreement

Ds may, in its sole discretion, change these T&C’s or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments.  Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

Disputes

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Ds on any matter provided for in, or arising out of these T&C’s, and not resolved through the Customer Relations Department of Ds, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

Address for Notices

Ds chooses as its address for all purposes under these T&C’s, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:  12 Kyalami View, Candican Road, Barbeque Downs, Kyalami, Johannesburg, 1686, South Africa.

Term and Termination

These T&C’s shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Ds from time to time (as described above), for so long as the Website exists and is operational, Ds being entitled to terminate these T&C’s and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Ds).

Copyright & other Intellectual Property Rights

Any and all copyright subsisting in the Website, including these T&C’s, vests in Ds and all rights not expressly granted are reserved.

You may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website e-mail us on misspaige@differentstrokes.co.za for assistance.

Ds cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Ds of any content that may be offensive or illegal.

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Ds and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When you visit the Website or send e-mails to Ds, you consent to receiving communications from Ds electronically and agree that all agreements, notices, disclosures and other communications sent by Ds satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".

Hyperlinks, Framing, Spiders & Crawlers

Save for persons who have registered as an e-trader with Ds, no person, business or web site may link to any page on this Website without the prior written permission of Ds. Such permission could be obtained by contacting misspaige@differentstrokes.co.za

Hyperlinks provided on this Website to non-Ds sites are provided as is and Ds does not necessarily agree with, edit or sponsor the content on such web pages.

No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.

No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Ds. Such permission could be obtained from misspaige@differentstrokes.co.za

Information

The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.

Ds's information is as follows:

Full name: Sian Hong T/A Different Strokes

Main business: Online retailer

Address for receipt of legal service: 12 Kyalami View, Candican Road, Barbeque Downs, Kyalami, 1686, Republic of South Africa

Office bearers: Sian Hong

Webmaster: support@differentstrokes.co.za

Website: http://www.differentstrokes.co.za

Official email address: misspaige@differentstrokes.co.za

 

Delivery Charges

Delivery charges are calculated automatically on the total value and weight of all products included in an order, when the order is created.

The cost of delivery within the borders of South Africa is as follows:

  • where the weight of the order is calculated on the standard courier rates per kilo delivery;
  • where the metric volume of the order is calculated on the standard courier rates per metric length and width of delivery;
  • where the destination of the order is calculated on the standard courier rates for out of urban areas;

Please note that delivery charges may fluctuate according to what the standard courier rates are at a specific time, increases and decreases in petrol prices etc. Ds does not put a mark-up on any delivery charges, so the customer pays exactly what the courier rates are to Ds.

Note that the South African Post Office only accepts parcels with a maximum weight of 30Kg.

Refund Policy

Cooling off period:

Save for certain exceptional cases (as listed below), Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund within 30 days thereafter, subject to being charged by Ds, as the case may be, for the return of the goods.  You will thus be able to return certain products that you are not satisfied with for any reason within such 7 day period.

Late delivery:

If a product purchased 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 days notice to the seller of such product, the functionality for giving such notice being that an email is sent to orders@differentstrokes.co.za detailing the cancellation request.

Should a product purchased be unavailable, the seller thereof (i.e. Ds) must notify you and issue a full refund within 30 days after such notice.

Early cancellations – penalty free*:

You are entitled to cancel (either in whole or in part) any sale without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products so sold.  Cancellations can be effected via an emailed request to orders@differentstrokes.co.za (it being recorded that the functionality for cancelling any sale will only be available for so long as you are entitled to cancel same on a penalty-free basis).

* If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative or other charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.

Defective / damaged / unsuitable products

GENERAL RULE: If, within 6 months after delivery of a product to you,

  • you find that the product is defective/faulty, unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”);
  • and you arrange to return such product to Ds for inspection (at Ds’s expense) by notifying Ds via email to orders@differentstrokes.co.za,
  • and the product is subsequently found -
  • To indeed be Defective, you are entitled to either (a) have the product repaired or replaced at Ds’s expense, or (b) be fully refunded;
  • NOT to be Defective, you will be liable for the costs incurred in having such product returned to Ds and then re-delivered to you.

When is a product ‘defective’?

Please note that the following issues/problems will NOT render the product Defective as aforesaid and will not entitle you to any repair, replacement or refund:

  • faults resulting from normal wear and tear;
  • where you, or someone unauthorised to do so by Ds, has altered or damaged the product;
  • forceful and inaccurate use of the product

Processing of refunds

Should you be entitled to a refund for any reason, such refund shall be paid back into your bank account, once such details have been given to Ds for refund purposes. Ds will not, in this instance, pay funds into a third party bank account.