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Introduction
This website can be accessed at www.solomonstackle.co.za, related mobi-sites and software
applications (the “Website”) and is owned and operated by Solomons Fishing Online (RF)
(Proprietary) Limited (“Solomons Fishing”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and
delivery of Goods, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses
or uses this Website (“you”, “your” or “user”), including without limitation each user who registers
as contemplated below (“registered user”). By using the Website and by clicking on the
“Register Now” button on the Website, as may be applicable, you acknowledge that you
have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for a range of fishing and camping equipment.
Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer
Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this
clause and which –
may limit the risk or liability of Solomons Fishing; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Solomons Fishing or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should
be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your
responsibility to ask Solomons Fishing to explain it to you before you accept the Terms and
Conditions or continue using the Website
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict,
limit or avoid any right or obligation, as the case may be, created for either you or Solomons
Fishing in terms of the CPA.
Solomons Fishing permits the use of this Website subject to the Terms and Conditions. By
using this Website in any way, you shall be deemed to have accepted all the Terms and
Conditions unconditionally. You must not use this Website if you do not agree to the Terms and
Conditions.
Usage Agreement
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full
legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to
enter into a binding agreement, then you may use the Website only with the involvement and
supervision of your parent or legal guardian. If your parent or legal guardian supervises you and
gives his/her consent, then such person agrees to be bound to these Terms and Conditions and
to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere
or attempt to interfere with the proper working of the Website. In addition, you agree that you will
not in any way use any robot, spider, other automatic device, or manual process to monitor,
copy, distribute or modify the Website or the information contained herein, without the prior
written consent from an authorised Solomons Fishing representative (such consent is deemed
given for standard search engine technology employed by Internet search websites to direct
Internet users to this Website).
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or
the information contained therein without the express prior written consent of an authorised
Solomons Fishing representative.
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Solomons Fishing may accept or reject.
Whether or not Solomons Fishing accepts an order depends on the availability of Goods,
correctness of the information relating to the Goods (including without limitation the price) and
receipt of payment or payment authorization by Solomons Fishing for the Goods.
NOTE: Solomons Fishing will indicate the acceptance of your order by delivering the Goods to
you or allowing you to collect them, and only at that point will an agreement of sale between you
and Solomons Fishing come into effect (the “Sale”). This is regardless of any communication
from Solomons Fishing stating that your order or payment has been confirmed. Solomons
Fishing will indicate the rejection of your order (by Solomons Fishing itself ) by cancelling it and,
as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided
you do so before receiving a dispatch or delivery notice. After delivery or your collection of the
Goods, you may return the Goods only in accordance with the Returns Policy
Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not
constitute an order for such Goods, and as such, Goods may be removed from the shopping
basket if stock is no longer available or the price thereof might change without notice to you.
You cannot hold Solomons Fishing liable if such Goods are not available or are not available at
the particular price when you complete or attempt to complete the purchase cycle at a later
stage.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any
time without notice to you. In the case of Goods for sale by Solomons Fishing, Solomons
Fishing will take all reasonable efforts to monitor stock levels and ensure that when stock is no
longer available, that offers thereof are discontinued on the Website. However, we cannot
guarantee the availability of stock. When Goods are no longer available after you have placed
an order, Solomons Fishing will notify you and you will be entitled to a refund of any amount
already paid by you for such Goods.
Payment
We are committed to providing secure online payment facilities. All transactions are encrypted
using appropriate encryption technology.
Whether the Goods are for sale by Solomons Fishing, payment can be made for Goods via –
debit card;
credit card: where payment is made by credit card, we may require additional information in
order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold
delivery until such time as the additional information is received by us and authorisation is
obtained by us for the amounts. If we do not receive authorisation your order for the Goods will
be cancelled. You warrant that you are fully authorised to use the credit card supplied for
purposes of paying the Goods. You also warrant that your credit card has sufficient available
funds to cover all the costs incurred as a result of the services used on the Website;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic
funds transfer, payment must be made within 5 (five) days of placing your order. Solomons
Fishing will not accept your order if payment has not been received;
EFT : Instant EFT will allow dispatch of goods with immediate effect. Using EFT without it being
instant will result in goods being dispatched only once the funds reflect in Solomons Fishing
account.
Delivery of goods
Solomons Fishing offers 2 (two) methods of delivery of Goods to you. You may elect delivery
via:courier; or self-collection.
Shipping and Delivery
Our delivery charges are subject to change at any time, without prior notice to you.. You will see
the applicable delivery charges in your cart when you check out.
Where it accepts your order, Solomons Fishing will deliver the Goods to you as soon as
reasonably possible, but no later than 14 days of receipt of your payment (“Delivery
Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You
may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your
order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase
price.
Solomons Fishing’s obligation to deliver a product to you is fulfilled when we deliver the product
to the physical address nominated by you for delivery of the order. Solomons Fishing is not
responsible for any loss or unauthorised use of a product, after it has delivered the product to
the physical address nominated by you.
Errors
We shall take all reasonable efforts to accurately reflect the description, availability, purchase
price and delivery charges of Goods on the Website. However, should there be any errors of
whatsoever nature on the Website (which are not due to our gross negligence), we shall not be
liable for any loss, claim or expense relating to a transaction based on any error, save – in the
case of any incorrect purchase price – to the extent of refunding you for any amount already
paid, or otherwise as set out in the Returns Policy.
Solomons Fishing shall not be bound by any incorrect information regarding our products
displayed on any third party websites.
Gift Vouchers & Coupons
Solomons Fishing may from time to time make physical or electronic gift vouchers (“Gift
Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website
towards the purchase of Solomons Fishing Goods. Gift Vouchers and Coupons can only be
redeemed while they are valid and their expiry dates cannot be extended. More specifically:
Gift Vouchers
Gift Vouchers that are purchased by registered users are valid for 1 year after Sale. Gift
Vouchers that Solomons Fishing gives away for free are valid for the period stated thereon. In
each case, if your Voucher has not been used within that period, it will expire.
Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue
interest and are not refundable for cash once purchased. If your Gift Voucher value is
insufficient for the order you wish to place, you may make up the difference by paying via one of
our other payment methods.
Solomons Fishing is not responsible for any harm due to the loss, unauthorised use or
unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the
email address nominated by you.
Privacy Policy
We respect your privacy and will take reasonable measures to protect it, as more fully detailed
below.
We will –
treat your personal information as strictly confidential, save where we are entitled to share it as
set out in this policy;
take appropriate technical and organisational measures to ensure that your personal information
is kept secure and is protected against unauthorised or unlawful processing, accidental loss,
destruction or damage, alteration, disclosure or access;
provide you with access to your personal information to view and/or update personal details;
promptly notify you if we become aware of any unauthorised use, disclosure or processing of
your personal information;
provide you with reasonable evidence of our compliance with our obligations under this policy
on reasonable notice and request; and
upon your request, promptly return or destroy any and all of your personal information in our
possession or control, save for that which we are legally obliged to retain.
We will not retain your personal information longer than the period for which it was originally
needed, unless we are required by law to do so, or you consent to us retaining such information
for a longer period.
Solomons Fishing undertakes never to sell or make your personal information available to any
third party other than as provided for in this policy.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot
guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your
personal information, whilst in our possession, made by third parties who are not subject to our
control, unless such disclosure is as a result of our gross negligence.
Changes to these Terms and Conditions
Solomons Fishing may, in its sole discretion, change any of these Terms and Conditions at any
time. It is your responsibility to regularly check these Terms and Conditions and make sure that
you are satisfied with the changes. Should you not be satisfied, you must not place any further
orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the
Website. If you use the Website after such amended Terms and Conditions have been
displayed on the Website, you will be deemed to have accepted such changes.
Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from
us electronically in accordance with our privacy policy as set above
Ownership and copyright
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, trademarks,
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. The Website Content is the property of Solomons Fishing.
You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly
authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain
permissions for the commercial use of any Website Content contact us via email at
www.fishing@solomons.co.za.
Where any of the Website Content has been licensed to Solomons Fishing or belongs to any
third party, your rights of use will also be subject to any terms and conditions which that licensor
or third party imposes from time to time and you agree to comply with such third party terms and
conditions.
Disclaimer
The use of the Website is entirely at your own risk and you assume full responsibility for any risk
or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Solomons Fishing takes reasonable measures to ensure that the content of the Website
is accurate and complete, Solomons Fishing makes no representations or warranties, whether
express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of
the Website or as to the accuracy, completeness or reliability of any information on the Website.
If any such representations or warranties are made by Solomons Fishing’s representatives,
Solomons Fishing shall not be bound thereby.
Solomons Fishing disclaims liability for any damage, loss or expenses, whether direct, indirect
or consequential in nature, arising out of or in connection with your access to or use of the
Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances,
be under warranty, the Website itself and all information provided on the Website is provided “as
is” without warranty of any kind, either express or implied, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose, completeness, or noninfringement,
as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of
Solomons Fishing, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Solomons
Fishing also makes no warranty or representation, whether express or implied, that the
information or files available on the Website are free of viruses, spyware, malware, trojans,
destructive materials or any other data or code which is able to corrupt, destroy, compromise,
disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability,
security functionality or content of your computer system, computer network, hardware or
software in any way. You accept all risk associated with the existence of such viruses,
destructive materials or any other data or code which is able to corrupt, compromise,
jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content
of a computer system, computer network, any handset or mobile device, or your hardware or
software, save where such risks arise due to the gross negligence or wilful misconduct of
Solomons Fishing and its employees. Solomons Fishing thus disclaims all liability for any
damage, loss or liability of any nature whatsoever arising out of or in connection with your product
Limitation of liability
Solomons Fishing cannot be held liable for any inaccurate information published on the Website
and/or any incorrect prices displayed on the Website, save where such liability arises from the
gross negligence or wilful misconduct of Solomons Fishing, its employees, agents or authorised
representatives. You are encouraged to contact us to report any possible malfunctions or errors
by way of email to Fishing@solomons.co.za
Solomons Fishing SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR
USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE
WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY
ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY Solomons Fishing AGAINST ANY LOSS, CLAIM OR DAMAGE
WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY
FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during
scheduled maintenance periods, and are entitled to discontinue providing the Website or any
part thereof with or without notice to you.
Solomons Fishing may in its sole discretion terminate, suspend and modify this Website, with or
without notice to you. You agree that Solomons Fishing 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.
If you fail to comply with your obligations under these Terms and Conditions, including any
incident involving payment of the price of an order for any Goods, this may (in our sole
discretion with or without notice to you) lead to a suspension and/or termination of your access
to the Website without any prejudice to any claims for damages or otherwise that we may have
against you.
Notices
Solomons Fishing hereby selects 521 Gerrit Maritz street, Pretoria North as its address for the
service of all formal notices and legal processes in connection with these Terms and Conditions
(“legal address”). Solomons Fishing may change this address from time to time by updating
these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you
may change it to any other physical address by giving Solomons Fishing not less than 7 days’
notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in
English. All notices sent –
by hand will be deemed to have been received on the date of delivery;
ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ
RECEIPT” FUNCTION to serve as proof that an email has been received.
Information
Solomons Fishing 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.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these
Terms and Conditions to any third party.
Any failure on the part of you or Solomons Fishing to enforce any right in terms hereof shall not
constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions
will remain in full force and effect.
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.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show
grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the
grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any
of its rights against the grantee which may have arisen in the past or which might arise in the
future.
These Terms and Conditions contain the whole agreement between you and Solomons Fishing
and no other warranty or undertaking is valid, unless contained in this document between the
parties.