IXU SPORT Terms & Conditions
THESE TERMS AND CONDITIONS ("TERMS") AND THE PRIVACY POLICY ARE ACCESSIBLE AT www.ixusport.com ("PRIVACY POLICY") WILL BE APPLICABLE TO YOUR USE OF AND ACCESS TO THE SITE (AS DEFINED IN CLAUSE 1 BELOW). THESE TERMS AND THE PRIVACY POLICY CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF RTB PROJECT ENTERPRISES AND IMPOSES LEGAL OBLIGATIONS ON YOU. BY ACESSING AND/OR USING THE SITE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND THE PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE SITE OR ANY CONTENT, DATA OR INFORMATION DISPLAYED OR MADE AVAILABLE ON IT. PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE PROVISIONS OF PARAGRAPHS 6.4, 8, 13 AND 14 AND ALL TEXT STATED IN BOLD PRINT. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS AND THE PRIVACY POLICY AND KEEP THEM FOR YOUR RECORDS.
1. Introduction
1.1 The website located at www.ixusport.com (the "Site") is owned and operated by RTB PROJECT ENTERPRISES (Proprietary) Limited, a company incorporated in the Republic of South Africa under Registration Number: 2010/005757/07 and shall, for purposes of these Terms be referred to as "we" or "us" or "our". Unless specified to the contrary, we are also the seller of the products offered for sale on the Site ("Products").
1.2 These Terms and the Privacy Policy are applicable to you if you access, visit (browse) the Site or purchase Products from the Site and constitutes a legally binding contract between you and us. Your continued use of the Site will signify that you have read, understood and accepted the Terms and the Privacy Policy. If you do not wish to be bound by the Terms and the Privacy Policy you must immediately discontinue the use of this Site.
2. Your Account (for Retailers only)
2.1 You will be required to create an online account before you will be able to purchase Products via the Site ("Account"). In order to do so, you will be required to set up a user name and password and signify your agreement to these Terms and the Privacy Policy by ticking the 'Agree' box.
2.2 You are solely responsible for maintaining the confidentiality of the log-in details for your Account in order to prevent unauthorised access to your Account.
3. Your Personal Information
Any Personal Information (as defined in the Privacy Policy) you provide to us may be collected, stored and/or processed by us as described in the Privacy Policy.
4. Products, Product Sales and Availability
4.1 All Products are subject to availability.
4.2 Placing a Product in a shopping basket without completing the purchase cycle does not constitute an agreement of sale and/or an order for such Product, and as such, we may remove such Product from the shopping basket if stock becomes unavailable and you cannot hold us liable if such Product is not available when the purchase cycle is completed at a later stage.
4.3 Form time to time the exact specifications of Products may vary without prior notice to you. We undertake not to vary the specifications of any Products which form part of orders already placed by you at the time of such variation.
4.4 We have taken all reasonable steps to ensure the accuracy of images or visual reproductions of Products. Please note that the device you use to access the Site may impact on how Products are displayed on your screen.
4.5 We reserve the right to place limitations, restrictions and conditions (e.g. limited offer stipulations) on the purchase of any Products.
5. Pricing
You will be charged the prices for Products as listed on the Site ("Listed Prices") quoted in South African Rand and includes VAT.
6. Orders and Payment
6.1 Orders placed by you constitute offers to purchase the Products.
6.2 We will confirm our acceptance of such offers within 1 business day via email, text message or other written medium ("Order Confirmation"). You must ensure that you are satisfied with the contents of the Order Confirmation and may correct any mistakes or cancel the order. If you correct any mistakes, we will confirm such correction by sending you an updated Order Confirmation.
6.3 You will be able access all the details relating to your orders by logging into your Account.
6.4 When placing orders, you warrant that:
6.4.1 you are over the age of eighteen (18); and
6.4.2 you are authorised to use the credit card from which funds are being transferred.
6.5 Payment for the Products ordered must be made via credit card (Visa, MasterCard, Diners Club or American Express) and all payments are secured using industry standard online security and encryption technology.
6.6 At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorization is not obtained, the order will be cancelled. We may carry out certain fraud checks with the cardholder or the cardholder’s bank, should we be unable to verify the validity of the transaction the order will be cancelled.
7. Delivery
7.1 R110 will be charged to your account for the delivery of orders to you. The total cost of delivery will be confirmed in the Order Confirmation. All orders above R2,000 will be free of transport charges within the borders of South Africa.
7.2 Deliveries are only made to valid addresses within South Africa, on weekdays and all orders placed on weekends will be processed on the following Monday. Delivery periods are only regarded as having commenced upon payment confirmation being received by IXU Sport. Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods.
7.3 Confirmed orders will be dispatched within 24 hours (calculated over business days) from the payment being received and delivered to the local shipping address within 48 hours (calculated over business days). However, this only applies when the product/s have been ordered before 12h00 on a business day.
7.4 You or a person authorised to accept delivery on your behalf, must be available during normal business hours at the delivery address specified in the Order Confirmation ("Delivery Address"). Any person accepting delivery of the Products may be required to produce a form of identification.
7.5 We reserve the right to charge an additional delivery fee should we be required to repeat a delivery if no one accepts delivery of the Products at the Delivery Address during the aforesaid time periods.
8. Product Returns
Please refer to the IXU Sport Delivery & Return Policy.
9. Risk and Ownership
9.1 Risk in the Products shall pass to you upon delivery by us to the Delivery Address.
9.2 Until we receive full payment in cleared funds for the Products ordered, ownership of the Products shall remain with us.
10. Cancellations, Returns and Refunds
10.1 If for reasons beyond our control we are unable to deliver your order within 3 days of your receipt of an (updated) Order Confirmation, we will notify you in writing and you will be entitled to a full refund within 3 days of your receipt of such written notification.
10.2 If you are a consumer in terms of the Consumer Protection Act 68 of 2008 (“CPA”) and any Products delivered by us are not of the type and quality or description specified on the Site, you may, within 10 business days of delivery, return these Products (at our risk and expense) in exchange for a full replacement of same or similar product.
10.3 If you are a consumer in terms of the CPA and you received any Products which:
10.3.1 contain any defects, failures, hazards (as defined in section 53 of the CPA); and/or
10.3.2 do not comply with sections 55 and 56 of the CPA (for example, they are not defect-free, of a good quality or reasonably suitable for the purpose for which they are generally intended),
10.3.3 You may, within 10 business days of delivery, return these Products (at our risk and expense) in exchange for a full replacement of the same or similar product
11. Cooling-off
11.1 You will be entitled to cancel your order, without reason and without penalty in terms of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"):
11.1.1 within 7 days after your receipt of the Products; or
11.1.2 within 7 days of your receipt of an (updated) Order Confirmation.
11.2 You will be required to pay the direct cost of returning the Products to us if returned in terms of this clause 10.
11.3 If you cancel the order in terms of this clause 10, you will be entitled to a full refund, which we will pay within 30 days of the date of cancellation after deduction of a reasonable administration fee.
12. Intellectual Property
12.1 All intellectual property in relation to the Site, which includes trade marks and copyright in the content and material on this Site (such as text, logos, graphics, images, icons, data, databases and designs), is owned by or has been licensed to us.
12.2 Such intellectual property is protected from infringement and may not be copied, reproduced, published or used in any way without our consent (or the consent of the copyright or trade mark owner). In this regard, any intellectual property rights not expressly granted are reserved by us.
13. Use of the Site
13.1 You may not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services.
13.2 You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
13.3 Subject to the further provisions of these Terms, the Site and its content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Site or its content.
13.4 This Site may only be used by you for personal and non-commercial purposes.
13.5 We grant you a limited licence to copy and use content and material on the Site for the sole purpose of obtaining information about us, the brands of the Products and other Products. Any other use of the content and materials on the Site is prohibited and will amount to infringement of our intellectual property rights.
13.6 Subject to the further provisions of these Terms, you are not allowed to: (i) frame, modify, distribute, commercialise, exploit and/or alter the Site or its content; (ii) incorporate any part of the Site's content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.
13.7 You are permitted to create a hyperlink to the home page of the Site so long as the link does not portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the home page of the Site is clearly visible.
14. Advertising and Links
Any hyperlinks on the Site to the external websites of third parties should not be seen as reflective of any commercial relationships between our business and those linked third parties. We do not endorse or sponsor any linked third parties or their websites and your use of any such websites will be entirely at your own risk.
15. Disclaimers, Indemnities and Exclusions of Liability
15.1 Nothing contained in these Terms and/or the Privacy Policy should be understood as a limitation, restriction or exclusion of:
15.1.1 your rights; or
15.1.2 our liability (including liability for gross negligence) in terms of any applicable law, including the CPA and ECTA.
15.2 To the extent permitted by law, we cannot be held liable for any direct or indirect, incidental or consequential damage or loss arising from the use of, or inability to use, the Site.
15.3 We make no representations or warranties, implied or otherwise, that -
15.3.1 access to the Site will be uninterrupted; and
15.3.2 the Site's transmission, content and technology is error-free, fully effective, secure and/or free from any viruses or other harmful components.
15.4 We have not specifically created or designed any individual Products for you in an attempt to meet your unique requirements, needs or purposes (none of which have been communicated by you to us).
15.5 You must satisfy yourself that the Products you order are likely to be reasonably suitable for the general purpose(s) for which they are intended.
16. Disputes
16.1 In the event of any dispute between you and us regarding any matter arising out of these Terms and/or the Privacy Policy are not resolved through consultation with us, the dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
16.2 Either you or we may obtain interim or urgent relief from any competent court.
17. Updates to Terms and/or Privacy Policy
We may update, amend or vary these Terms and/or the Privacy Policy and will notify you of such changes. You must explicitly accept and agree to the updated Terms and/or Privacy Policy if you wish to continue using your Account and/or purchasing Products. If you do not accept the updated Terms and/or Privacy Policy, you must stop using your Account and refrain from purchasing any Products.
18. Our Information
18.1 In terms of section 43 of the ECTA, we are obligated to make certain information available to you.
18.2 Our information is as follows:
18.2.1 Full business name and legal status: Interbrand, IXu Sport a division of RTB Project Enterprises.
18.2.2 registration number and place of registration: Registered in South Africa under registration number 2007/005757/07.
18.2.3 Main business: Cricket equipment and clothing Wholesaler and Retailer
Domicilium address situated at:
Physical: Alenti Office Park, Building D, 457 Witherite Road, The Willows, 0040
Postal: Po Box 1463, Faerie Glen, Pretoria, 0043
18.2.6 Office bearer: Heinrich Rix
18.2.7 Website address: www.ixusport.com
18.2.9 Official email address: info@ixusport.com
19. General
19.1 The Terms and the Privacy Policy are governed by the laws of the Republic of South Africa.
19.2 If any provision of these Terms or the Privacy Policy are unlawful, void or unenforceable for any reason, then those provisions may be severed and shall not affect the validity and enforceability of the remaining provisions of the Terms or Privacy Policy..
19.3 These Terms and the Privacy Policy constitute the whole agreement between us.
19.4 Any indulgence or leniency granted to you by us shall not be interpreted as a waiver or variation of any of our rights or remedies.
19.5 If you have any questions about the Tems and Conditions Policy, please contact us at info@ixusport.com.
