Terms & Conditions
Terms and conditions
These terms and conditions are the contract
between you and Venture Fly Fishing (“us”,
“we”, etc). By visiting or using Our Website, you agree to be bound by them.
I / We are Venture Fly
Fishing
You are: Anyone who uses Our Website.
Please read this agreement carefully and
save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
1. Definitions
In this agreement:
“Carrier” |
means any person or business
contracted by us to carry Goods from us to you. |
“Content” |
means any content in any form
published on Our Website by us or any third party with our consent. |
“Goods” |
means any of the goods we offer
for sale on Our Website, or, if the context requires, goods we sell to you. |
“Our Website” |
means any website of ours, and
includes all web pages controlled by us. |
"Post" |
means display, exhibit,
publish, distribute, transmit and/or disclose information, Content and/or
other material on to Our Website, and the phrases "Posted" and
"Posting" shall be interpreted accordingly. |
2. Interpretation
In this agreement unless the
context otherwise requires:
2.1.
a reference to a person is a
reference to one or more individuals, whether or not formally in partnership,
or to a corporation, government body, or other association or organisation.
these
terms and conditions apply to all supplies of Goods by us to any customer. They
prevail over any terms proposed by you.
2.2.
any agreement by any party not
to do or omit to do something includes an obligation not to allow some other
person to do or omit to do that same thing.
except
where stated otherwise, any obligation of any
person arising from this agreement may be performed by any other person.
2.3.
in this agreement references to
a party include references to a person to whom those rights and obligations are
transferred or pass as a result of a merger, division, reconstruction or other
re-organisation involving that party.
the
headings to the paragraphs and schedules (if any) to this agreement do not
affect the interpretation.
2.4.
a reference to an act or
regulation includes new law of substantially the same intent as that act or
regulation.
in any
indemnity, a reference to costs or expenses shall be construed as including the
estimated cost of management time of the indemnified party, such cost calculated R300 per hour.
2.5.
these terms and conditions
apply in any event to you as a buyer or prospective buyer of our Goods and so
far as the context allows, to you as a visitor to Our Website.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1.
This agreement contains the
entire agreement between the parties and supersedes all previous agreements and
understandings between the parties.
Each party
acknowledges that, in entering into this agreement, he does not rely on any
representation, warranty, information or document or other term not forming
part of this agreement.
3.2.
If you use Our Website in any
way and make an order on behalf of another person you warrant that you have
full authority to do so and you accept personal responsibility for every act or
omission by you.
Because
we rely on our suppliers, we / We do not
guarantee that Goods advertised on Our Website are available. We may change
these terms from time to time. The terms that apply to you are those posted
here on Our Website on the day you order Goods.
3.3.
The price of Goods may be
changed by us at any time. We will never change a price so as to affect the
price charged to you at the time when you buy those Goods.
If in
future, you buy Goods from us under any arrangement which does not involve your
payment via Our Website; these terms still apply so far as they can be applied.
3.4. We do not sell the Goods in all countries. We may refuse to deliver the
Goods if you live in a country we do not serve.
4.
Acceptance of your order
4.1.
Your order is
an offer to buy from us. We shall accept your order by e-mail confirmation. That
is when our contract is made. Our message will also confirm details of your
purchase and tell you when we shall despatch your order.
If we do
not have all of the Goods you order in stock, we will offer you alternatives. If
this happens you may:
4.1.1
accept the alternatives we
offer;
cancel all
or part of your order.
5.
Price and payment
5.1. The price payable for the Goods that you order is clearly set
out on Our Website.
Prices
include value added tax (“VAT”). If you show by your delivery address that you
reside outside South Africa, we will refund to you the amount charged as VAT.
5.2.
If the item you
order is available in parts, you must pay us the full price of your order
before we will send any part of it.
Bank
charges by the receiving bank on payments to us will be borne by us. All other
charges relating to payment in a currency other than Rand will be borne by you.
5.3.
Any information
given by us in relation to exchange rates are approximate only and may vary
from time to time.
If, by
mistake, we have under-priced Goods, we will not be liable to supply that those
Goods to you at the stated price, provided that we notify you before we
dispatch it to you.
5.4.
The price of the Goods does not
include the delivery charge which will be charged at the rates applicable at
the date you place your order and which will be displayed on a page of Our
Website before we ask you to pay.
If we owe
you money (for this or any other reason), we will credit your credit or debit
card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that
repayment is due.
6.
Security of your credit card
We take care to make Our Website
safe for you to use.
6.1.
Card payments are not processed
through pages controlled by us. We use one or more online payment service
providers who will encrypt your card or bank account details in a secure
environment.
If you have asked us
to remember your credit card details in readiness for your next purchase or
subscription, we will securely store your payment details on our systems. These
details will be fully encrypted and only used to process your automatic monthly
payments or other transactions which you have initiated.
7.
If you buy as a Consumer
This paragraph applies if and only if,
you are a consumer as defined in the Electronic
Communications and Transactions Act 2002.
7.1.
As required by the law, details of our
after-sales service and guarantees, if any, are given in Our Website terms and
conditions or in catalogues.
7.2. You may cancel your order at any time before the expiry of 7 days from the date you receive the Goods, not including the day you received it.
If you are unhappy with your purchase you may return it to us for a full refund excluding the postage fee, provided it has not been used and is returned in the original packaging and no more than 14 days has passed since date of purchase.
7.3. The option to cancel your order is not available:
7.3.1
if you purchase sealed Goods
which relate to health or hygiene, and they become unsealed after delivery, or
cannot be re-sold for some other reason;
7.3.2
sealed audio or sealed video
recordings or sealed computer software, if these become unsealed after delivery;
7.3.3
if the Goods become mixed
inseparably (according to their nature) with other items after delivery.
7.4.
You are responsible for the
cost of returning the Goods. We have no obligation to refund to you, your cost
of re-packing and returning the Goods.
7.5.
If the Goods you return, show
any sign of damage or loss due to wear and tear then we shall be entitled to deduct the cost from your refund money.
7.6.
In the event of cancellation of
an order by you in compliance with these terms, we will refund any money due to
you within 30 days.
7.7.
To assist us in identifying
your Goods on receipt by us, we ask you to provide telephone number for a return reference to be placed
below our address / returns label.
7.8. This paragraph does not affect your rights in the event that the Goods are faulty.
8.
Delivery and pick up
8.1.
Goods are delivered within 14 days from the day you place an order to purchase the
Goods.
8.2.
Deliveries will be made by the
Carrier to the address stipulated in your order. You must ensure that someone
is present to accept the delivery.
If we are
not able to deliver your Goods within 14 days
of the date of your order, we shall notify you by e-mail to arrange another
date for delivery.
8.3.
We may deliver the Goods in
instalments if they are not all available at the same time for delivery.
Goods
are sent at our risk until signed for by you or by any other person at the
address you have given to us.
8.4.
All Goods must be signed for on
delivery by an adult aged 18 years or over. If no one of that age is at the
address when the delivery is attempted the Goods may be retained by the driver.
When your Goods arrive, it is important that you check immediately the
condition and quantity. If your Goods have been damaged in transit, you must
refuse the delivery and immediately contact us so that we may dispatch a
replacement quickly and minimise your inconvenience.
Signing
"Unchecked", "Not Checked" or similar is not acceptable.
8.5.
Goods are sent
by post. We will send you a message by email to tell you when we have
despatched your order.
If we
agree with you to deliver on a particular day or at a particular time, we will
do our best to comply. But no time given is to be treated as contractual. So we
are not liable to you for any expense or inconvenience you incur on account of
delayed delivery or non-delivery.
8.6.
Some Goods will be delivered
direct from the manufacturer who will contact you to arrange delivery. When
delivery of the Goods has been arranged directly with the manufacturer, you
will be subject to the manufacturer's delivery policy.
Some Goods
are so large and heavy that delivery times may be slightly longer. In this
case, approximate delivery dates will be given when you place your order.
8.7.
Time for delivery specified on
the order, if any, is an estimate only and time shall not be of the essence.
We are
happy for you to pick up Goods from our shop/ warehouse provided you make an
appointment in advance and payment has been received into our bank.
8.8.
If you pick up Goods from our
premises then:
8.8.1
we will not be able to assist
you in loading heavy items;
Goods are
at your risk from the moment they are picked up by you or your Carrier from our
shop / warehouse;
8.8.2
you agree that you are
responsible for everything that happens after you take possession of the Goods,
both on and off our premises, including damage to property of any sort,
belonging to any person.
9.
Foreign taxes and duties
9.1.
If you are not in South Africa,
we have no knowledge of, and no responsibility for, the laws in your country.
You are
responsible for purchasing Goods which you are lawfully able to import and for
the payment of import duties and taxes of any kind levied in your country.
10.
Liability for subsequent
defects
10.1.
We will repair or replace Goods
which fail to comply with the provisions of the the Consumer Protection Act 2008 or which show a
defect. If you claim that the item is defective, the following conditions
apply:
10.1.1
the defect must be reported to
us within four weeks of becoming apparent;
the defect
results only from faulty design or manufacture;
10.1.2
you have returned the defective
Goods or parts to us if we have so requested.
10.2.
If we agree that we are liable,
we will refund the cost of return carriage and will repair or replace the Goods
free of charge.
If we
repair or replace the Goods, you have no additional claim against us either
under this agreement or by statute or common law, in respect of the defect if a period of 30 days or more has passed after the repaired / replaced item has been returned to you.
11.
Goods returned
These provisions apply if you
return any Goods to us for any reason :
11.1.
We do not accept returns unless
there was a defect in the Goods at the time of purchase, or we have agreed in
correspondence that you may return them.
Before you
return the Goods to us, please carefully re-read the instructions and check
that you have assembled it correctly and complied with any provisions relating
to the power supply, plugs and sockets.
11.2.
The Goods must be returned to
us as soon as any defect is discovered but not later than 6 months.
So far as
possible, Goods should be returned:
11.2.1
with both Goods and all
packaging as far as possible in their original condition;
securely
wrapped;
11.2.2
including our delivery slip;
at your
risk and cost.
11.3.
You must tell
us by email message to sales@ventureflyfishing.co.za that you
would like to return Goods, specifying exactly what Goods and when purchased,
and giving full details of the defect or other reason for return. We will then
issue a returns note. If you send Goods to us without a returns note, we may
not be able to identify sufficient details to enable us to attend to your
complaint.
In
returning faulty Goods please enclose with it a note clearly stating the fault
and when it arises or arose.
11.4.
Most of the Goods are covered
by the manufacturer's guarantee for a minimum of 12 months.
Please first check the plug, fuse, batteries and the manufacturer's operating
instructions.
If we
agree that the Goods are faulty, we will:
11.4.1
refund the cost of return
carriage;
repair or
replace the Goods as we choose.
12.
Disclaimers
12.1.
The law differs from one
country to another. This paragraph applies so far as the applicable law allows.
12.2.
All
implied conditions, warranties and terms are excluded from this agreement. If
in any jurisdiction an implied condition, warrant or term cannot be excluded,
then this sub paragraph shall be deemed to be reduced in effect, only to the
extent necessary to release that specific condition, warranty or term.
12.3.
We
make no representation or warranty for:
12.3.1
the quality of the Goods;
12.3.2
any implied warranty or
condition as to merchantability or fitness of the Goods for a particular
purpose;
12.3.3
the correspondence of the Goods
with any description;
12.3.4
the adequacy or appropriateness
of the Goods for your purpose.
12.4.
We
claim no expert knowledge in any subject. We disclaim any obligation or
liability to you arising directly or indirectly from information you take from
Our Website.
12.5.
We
shall not be liable to you for any loss or expense arising out of or in connection
with your use of Our Website, which is indirect or consequential loss, or
economic loss or other loss of turnover, profits, business or goodwill. This
applies whether in an action of contract, negligence or otherwise, even if such
loss was reasonably foreseeable or we knew you might incur it.
12.6.
We
make no representation or warranty and accept no responsibility in law for:
12.6.1
accuracy of any Content or the
impression or effect it gives;
12.6.2
delivery of Content, material
or any message;
12.6.3
privacy of any transmission;
12.6.4
any act or omission of any
person or the identity of any person who introduces himself to you through Our
Website;
12.6.5
any aspect or characteristic of
any goods or services advertised on Our Website;
12.7.
Our
Website includes Content Posted by third parties. We are not responsible for
any such Content. If you come across any Content which offends you, please
contact us via the “Contact us” page on Our Website.
12.8.
We will do all we can to
maintain access to Our Website, but it may be necessary for us to suspend all
or part of our service for repairs, maintenance or other good reasons. We may
do so without telling you first.
12.9.
You agree that in any
circumstances when we may become liable to you, the limit of our liability is
the amount you have paid us in the immediately preceding 12 month period for
the Goods concerned.
12.10.
This
paragraph (and any other paragraph which excludes or restricts our liability or
provides an indemnity to us) applies to our directors, officers, employees,
subcontractors, agents and affiliated companies, as
well as to us.
12.11.
If you become aware of any breach
of any term of this agreement by any person, please tell us by email sales@ventureflyfishing.co.za
We welcome your input but do not
guarantee to agree with your judgement.
12.12.
Nothing in this agreement
excludes liability for a party's fraud.
13.
Your account with us
13.1.
You agree that you have
provided, and will continue to provide accurate, up to date, and complete
information about yourself. We need this information to provide you with the
Goods.
If you use
Our Website, you are responsible for maintaining the confidentiality of your
account and password and for preventing any unauthorised person from using your
account.
13.2.
You agree to accept
responsibility for all activities that occur under your account or password.
You should tell us immediately if you believe some person has accessed your
account without your authority and also log in to your account and change your
password.
14.
Restrictions on what you may
Post to Our Website
You agree that you will not use or
allow anyone else to use Our Website to Post Content which is or may:
14.1.
be malicious or defamatory;
consist in
commercial audio, video or music files;
14.2.
be illegal, obscene, offensive,
threatening or violent;
be
sexually explicit or pornographic;
14.3.
be likely to deceive any person
or be used to impersonate any person, or to misrepresent your identity, age or
affiliation with any person;
give the
impression that it emanates from us or that you are connected with us or that
we have endorsed you or your business;
14.4.
solicit passwords or personal
information from anyone;
be used to
sell any goods or services or for any other commercial use;
14.5.
include anything other than
words (i.e. you will not include any symbols or photographs) except for a
photograph of yourself in your profile in such place as we designate;
link to
any of the material specified above, in this paragraph.
14.6.
send age-inappropriate
communications or Content to anyone under the age of 18.
15.
Your Posting: restricted
content
In connection with the restrictions
set out below, we may refuse or edit or remove a Posting which does not comply
with these terms.
In addition to the restrictions set
out above, a Posting must not contain:
15.1.
hyperlinks, other than those
specifically authorised by us;
keywords
or words repeated, which are irrelevant to the Content Posted.
15.2.
the name, logo or trademark of
any organisation other than yours.
inaccurate,
false, or misleading information.
16.
How we handle your Content
16.1.
Our privacy policy is strong
and precise. It complies fully with current law which is at https://www.ventureflyfishing.co.za/privacy
If you
Post Content to any public area of Our Website it becomes available in the
public domain. We have no control who sees it or what anyone does with it.
16.2.
Even if access to your text is
behind a user registration it remains effectively in the public domain because
someone has only to register and log in, to access it. You should therefore
avoid Posting unnecessary confidential information.
We need
the freedom to be able to publicise our Services and your own use of them. You
therefore now irrevocably grant us the right and licence to edit, copy,
publish, distribute, translate and otherwise use any Content that you place on
Our Website, in public domains and in any medium. You represent and warrant
that you are authorised to grant all such rights.
16.3.
We will use that licence only
for commercial purposes of the business of Our Website and will stop using it
after a commercially reasonable period of time.
16.4. You agree to waive of your right to claim authorship and your right to object
to any distortion, mutilation or other modification of your work as provided in
the Copyright Act 1978.
16.5.
You now
irrevocably authorise us to publish feedback, comments and ratings about your
activity through Our Website, even though it may be defamatory or critical.
Posting
content of any sort does not change your ownership of the copyright in it. We
have no claim over it and we will not protect your rights for you.
16.6.
You understand that you are
personally responsible for your breach of someone else’s intellectual property
rights, defamation, or any law, which may occur as a result of any Content
having been Posted by you.
You accept
all risk and responsibility for determining whether any Content is in the
public domain and not confidential.
16.7.
Please notify us of any
security breach or unauthorised use of your account.
We
do not solicit ideas or text for improvement of our Service, but if you do send
to us material of any sort, you are deemed to have granted us a licence to use
it in the terms set out at sub paragraph 16.4 above.
17.
Removal of offensive Content
17.1.
For the avoidance of doubt,
this paragraph is addressed to any person who comes on Our Website for any
purpose.
We are
under no obligation to monitor or record the activity of any customer for any
purpose, nor do we assume any responsibility to monitor or police Internet-related
activities. However, we may do so without notice to you and without giving you
a reason.
17.2.
If you are offended by any
Content, the following procedure applies:
17.2.1
Your claim or complaint must be
submitted to us in the form available on Our Website, or contain the same
information as that requested in our form. It must be sent to us by post or
email.
we shall
remove the offending Content as soon as we are reasonably able;
17.2.2
after we receive notice of a
claim or complaint, we shall investigate so far as we alone decide;
17.3.
We may re-instate the Content
about which you have complained or not.
In respect
of any complaint made by you or any person on your behalf, whether using our
form of complaint or not, you now irrevocably grant to us a licence to publish
the complaint and all ensuing correspondence and communication, without limit.
17.4.
You now agree that if any
complaint is made by you frivolously or vexatiously you will repay us the cost
of our investigation including legal fees, if any.
18.
Security of Our Website
If you violate Our Website we shall
take legal action against you.
You now agree that you will not,
and will not allow any other person to:
18.1.
modify, copy, or cause damage
or unintended effect to any portion of Our Website, or any software used within
it.
link to Our
Website in any way that would cause the appearance or presentation of Our Website
to be different from what would be seen by a user who accessed Our Website by
typing the URL into a standard browser;
18.2.
download any part of Our
Website, without our express written consent;
collect or
use any product listings, descriptions, or prices;
18.3.
collect or use any information
obtained from or about Our Website or the Content except as intended by this
agreement;
aggregate,
copy or duplicate in any manner any of the Content or information available
from Our Website, other than as permitted by this agreement or as is reasonably
necessary for your use of Our Website;
18.4.
share with a third party any login
credentials to Our Website.
Despite
the above terms, we now grant a licence to you to:
18.4.1
create a hyperlink to Our
Website for the purpose of promoting an interest common to both of us. You can
do this without specific permission. This licence is conditional upon your not
portraying us or any product or service in a false, misleading, derogatory, or
otherwise offensive manner. You may not use any logo or other proprietary
graphic or trademark of ours as part of the link without our express written
consent.
you may
copy the text of any page for your personal use in connection with the purpose
of Our Website.
19.
Indemnity
You agree to indemnify us against
all costs, claims and expense arising directly or indirectly from:
19.1.
your failure to comply with the
law of any country;
19.2.
your breach of this agreement;
19.3.
any act, neglect or default by
any agent, employee, licensee or customer of yours;
19.4.
a contractual claim arising
from your use of the Goods;
19.5.
a breach of the intellectual
property rights of any person.
20.
Intellectual Property
20.1.
We will defend the intellectual
property rights in connection with our Goods and Our Website, including
copyright in the Content whether provided by us or by any other content
provider (including copyright in: text, graphics, logos, icons, images, audio
clips, digital downloads, data, and software).
Except as
set out below, you may not copy, modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, display, or in
any way exploit any of the Content, in whole or in part.
20.2.
You may not use our name or
logos or trademarks or any other Content on any website of yours or that of any
other person.
Subject to
the other terms of this agreement, you may download or copy Content only for
your own personal use, provided that you maintain all copyright and other
notices contained in it. You may not store electronically any significant
portion of any Content.
21.
Miscellaneous matters
21.1.
When we communicate with you we
do so by email. You agree that email communications are contractually binding
in the same way as properly signed and dated paper sent by post.
Where we
provide goods or [services]
without specific charge to you, then it (or they) is deemed to be provided free
of charge, and not to be associated with any other Goods for which a charge is
made. Accordingly, there is neither contractual nor other obligation upon us in
respect of those goods or that service.
21.2.
If any term or provision of
this agreement is at any time held by any jurisdiction to be void, invalid or
unenforceable, then it shall be treated as changed or reduced, only to the
extent minimally necessary to bring it within the laws of that jurisdiction and
to prevent it from being void and it shall be binding in that changed or
reduced form. Subject to that, each provision shall be interpreted as severable
and shall not in any way affect any other of these terms.
The rights
and obligations of the parties set out in this agreement shall pass to any
permitted successor in title.
21.3.
No failure or delay by any
party to exercise any right, power or remedy will operate as a waiver of it nor
indicate any intention to reduce that or any other right in the future.
Any
communication to be served on either party by the other shall be delivered by hand
or sent by fastmail service or recorded delivery or by e-mail.
It shall be deemed to have
been delivered: |
if
delivered by hand: on the day of delivery; |
if
sent by post to the correct address: within 72 hours of posting; |
If
sent by e-mail to the address from which the receiving party has last sent
e-mail: within 24 hours if no notice of non-receipt has been received by the
sender. |
21.4.
In the event of a dispute
between the parties to this agreement, then they undertake to attempt to settle
the dispute by engaging in good faith with the other in a process of mediation
before commencing arbitration or litigation.
So far as
the law permits, and unless otherwise stated, this agreement does not give any
right to any third party.
21.5.
Neither party shall be liable
for any failure or delay in performance of this agreement which is caused by
circumstances beyond his reasonable control, including any
labour dispute between a party and its employees.
In the
event of any conflict between any term of this agreement and the provisions of
the memorandum of incorporation of a limited company or any comparable document
intended to regulate any other corporate or collective body, then the terms of
this agreement shall prevail.
21.6.
The
validity, construction and performance of this agreement shall be governed by
the laws of the Republic of South Africa and you agree that any
dispute arising from it shall be litigated only in that country.