www.msaonline.edglobal.co.za (“the Site”) enables registered users to shop online for clothing, apparel and gifts (“the Products”).
Although visitors to the Site (“Users” or “you”) will be able to browse the Site and all Products on offer, only those Users who register online for the use of the site (“Registered User” or “you”) will be able to make purchases.
2 LEGALLY BINDING CONTRACT
All Users, including Registered User and those Registered User who purchase any products on the Site (“Purchasers”) are bound by these terms and conditions (“T&C”) and by browsing or using the Site in any way, you hereby acknowledge that you have read and accepted these T&C.
If you do not agree to these T&C, do not register with or continue to use the Site. Your registration and/or continued use of the Site will constitute acceptance of the T&C, unmodified by you.
3 WHO YOU ARE CONTRACTING WITH
The Site (www.msaonline.edglobal.co.za) is owned and operated by EDGLOBAL CC, registration number 2001/036326/23, a company incorporated in the Republic of South Africa (hereinafter referred to as “EDGLOBAL”).
4 PRODUCTS & AVAILABILITY
Please note that stocks of all Products on offer are limited.
EDGLOBAL shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should EDGLOBAL be unable to fulfil any Order placed by you at the advertised price due to stock having sold out, EDGLOBAL 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 EDGLOBAL Returns Policy
5 PURCHASING PRODUCTS
As a Member, the Site will enable you to place electronic orders (“Order”) for one or more Products offered, for so long as such Products are still available and have not sold out.
A purchase agreement between you and EDGLOBAL (“Purchase”) only comes into effect if you electronically submit a properly completed Order for one or more Products in your shopping basket AND payment is either authorised or received by EDGLOBAL into its bank account, subject to stock of the Product concerned being available.
Products cannot be reserved for later purchase, and placing a Product in your shopping basket without completing the purchase does not constitute an Order for, or a Purchase of such Product. Consequently, prior to actual Purchase, EDGLOBAL may remove any Product from your shopping basket if stock of the Product is no longer available, or if 30 minutes has elapsed, and you cannot hold EDGLOBAL liable if any Product is not available when you attempt to complete the Purchase at a later stage.
Note that should you wish to purchase a Product as a gift for someone else, you should specify the fact that the Product will be a gift where indicated when placing your Order, failing which the Order will be deemed to be for you personally.
The invoice in respect of your Purchase will be available online in the "My Account" section of the Site. A copy of such invoice will also be included with the Product when delivered; unless you have indicated that the Product is a gift (as aforesaid) in which case a gift delivery slip will be included with the Product instead.
6 TERMINATION OF PURCHASES & CANCELLATION OF ORDER
6.1 By EDGLOBAL: EDGLOBAL reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any Order and/or to cancel any Purchase, in whole or in part, on notice to you. EDGLOBAL shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order (see EDGLOBAL’s Returns Policy in this regard).
By You: You are entitled to cancel any Order/s or Purchase/s as provided for in the Returns Policy.
If Any order is Cancelled before the Delivery Period has lapsed will be charged a 25% cancelation fee.
6.2 Please note that all goods bought on the www.msa.edglobal.co.za website will only be returnable via EDGLOBAL (both through our approved courier partners and at our premises, during working hours). No returns will be accepted, alternations made, manufacturing defaults correct or exchanges offered at any other outlet / MSA affiliated office.
7 AMOUNTS PAYABLE BY YOU
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.
7.2 Delivery Charges
Delivery Charges are included in the invoice and are calculated separately.
EDGLOBAL shall take all reasonable efforts to accurately indicate Purchase Prices and delivery charges. However, should Products be erroneously offered at incorrect Purchase Prices and/or delivery charges, EDGLOBAL will not be obliged to sell Products at such incorrect Purchase Prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the Purchase at the correct Purchase Price and/or delivery charge.
8 PAYMENT BY PAYU
Purchases may currently be paid for by credit cards via PayU.
At the time of placing the Order, the transaction details are presented to the bank and an authorization is obtained for the amount of the Order. If such authorisation is not obtained, the Order will be cancelled. If authorisation is obtained, payment is usually immediate.
You warrant that you are fully authorised to use the credit card supplied for purposes of paying for your Order and that this credit card has sufficient available funds to cover all of the costs incurred as a result of using the Services.
9.1 Place of delivery
EDGLOBAL only delivers Products within the Republic of South Africa.
As Purchaser, you will be able to specify the place of delivery within South Africa, and the contact number(s) to be used in relation to the delivery, for each Order when you place such Order.
Products will be delivered to the delivery address specified by you during the Order process and if nobody is at the address when the delivery is made, our courier will contact the mobile number you provided to us in the relevant Order and/or a notice of attempted delivery may be put through the letterbox. Our courier will attempt re-delivery one more time thereafter, but if delivery is again unsuccessful, it will be your responsibility to contact the courier company to either arrange that you collect the package from the courier’s nearest depot or to agree upon a new delivery date with the courier. If you have not contacted the courier within a reasonable time, then the package will be sent back to EDGLOBAL who will contact you via email to arrange a possible re-delivery at your expense. If attempted contact is unsuccessful within a reasonable period of time, EDGLOBAL will merely refund you.
9.2 Delivery time and delays
Unless otherwise stated to you prior to placing the Order to final confirmation thereof, the estimated shipping time for an order is between 10 and 20 working days from the date of your purchase, during the launch phase i.e. March 2017 – May 2017.
EDGLOBAL may also notify you of the dispatch of your Order via email (to the email address we have on record for you) summarizing the Products sent.
9.3 Partial Delivery
You will be informed of the partial delivery of an Order by e-mail. A second e-mail will be sent informing you of the delivery of the other Products ordered, if applicable.
In the event of a partial delivery, there will be a delivery note in the package summarising the Products which can be found inside it.
9.4 Delivery Made
Each delivery is deemed to have been made once the Product has been handed over to an individual at your chosen delivery address, including when this is done by the courier, as recorded in the tracking system used by the courier.
It is your responsibility as Purchaser, to ensure that you or your intended gift recipient (if applicable) check the package upon arrival and make any reservations and claims which might appear to be justified, or even to refuse the package, if it is likely to have been opened or if it shows clear traces of damage. The aforesaid reservations and claims must be sent to the courier by registered letter (with acknowledgement of receipt) and a copy must simultaneously be sent to EDGLOBAL.
9.5 Lost Packages
If neither the depot nor the tracking system (in the "My Delivery" section) show any trace of the package, you must then get in touch with EDGLOBAL by way of email to firstname.lastname@example.org or by contacting the Call Centre at 011 440 1635.
If the package is found it will then be sent to the specified delivery address, following the normal procedure as set out in this clause 9 (ie delivery of the package or notice of attempted delivery).
If the package is declared to be lost, EDGLOBAL will notify the Purchaser and refund the Purchaser for the lost package (both the Product purchase price and any delivery charges).
10 DEFECTS, REFUNDS & RETURNS
Should you not be satisfied with any Product purchased by you by reason of a defect, incorrect choice of Product, or otherwise, you may, under certain circumstances, be entitled to either be credited, refunded or have the Product repaired or replaced, as the case may be. The Returns Policy regulates your rights in this regard.
11 SALES RECORDS
A full record of every Purchase and related transaction between you and EDGLOBAL shall be maintained on the Site for a period of 12 months following the date of such Purchase or related transaction. You can view and print such record during the 12 month period, where after you are responsible for retaining your own record of the relevant sale or related transaction.3
12 VOUCHERS & COUPONS
EDGLOBAL may make physical and/or electronic gift vouchers (“Vouchers”) and promotional vouchers/coupons (“Coupons”) available from time to time. Gift Vouchers may be made available for purchase on the Site, while Promotional Coupons may be available through the Site and/or third party websites, magazines and/or other media.
Vouchers and Coupons can only be redeemed while they are valid (their specified expiry dates being unable to be extended), on the Site towards the purchase of Products listed on the Site.
12.2 Gift Vouchers
Physical Gift Vouchers can be purchased and will be delivered in the same way that Products are, while electronic Gift Vouchers, once purchased, will be linked to your www.msaonline.edglobal.co.za account.
12.3 Promotional Coupons
Promotional Coupons are issued at EDGLOBAL’s own discretion. Users do not have a right to Promotional Coupons and they cannot be earned.
Promotional 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 Site;
• 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
Promotional Coupons cannot be -
• used to purchase other Coupons or Vouchers;
• exchanged for cash; or
• transferred or assigned to any other person.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that EDGLOBAL 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 EDGLOBAL to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
Save for EDGLOBAL being liable to you –
• under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any Products sold by it to you via the Site; and
• under sections 43(5) and 43(6) of the ECT Act in relation to EDGLOBAL’s payment systems not being sufficiently secure,
neither EDGLOBAL 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 Site or the Services or content provided from and through this Site. Furthermore, EDGLOBAL makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site 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 by way of email to email@example.com or by contacting the Call Centre at 011 440 1635.
Although the Products sold via the Site may be under warranty, the Site 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 that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of EDGLOBAL and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
15 GOVERNING LAW AND JURISDICTION
This Site 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. You and EDGLOBAL submit to the non-exclusive jurisdiction of the South African courts.
Each and every provision of these T&C shall be deemed to be separate and severable from the remaining provisions of these T&C and if any of the provisions is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of these T&C shall be and remain of full force and effect.
EDGLOBAL 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). The PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promo...
EDGLOBAL may electronically collect, store and use the following of your personal information:
• name and surname;
• birth date;
• country of residence;
• closest city;
• non-personal browsing habits and click patterns;
• e-mail address;
• IP address; and
• Student Number;
• ID number / passport number.
EDGLOBAL collects, stores and uses the above mentioned information for the following purposes:
• to greet you when you access the Site;
• to inform you of any changes to these T&C;
• to inform you of facts regarding purchases made by you, including relating to delivery of Products;
• subject to your consent, to inform you of other facts relating to your access and use of the Site;
• subject to your consent, to inform you about competitions and special offers from EDGLOBAL and/or its partners / affiliates;
• to compile non-personal statistical information about browsing habits, click-patterns and access to the Site;
• to verify your identity when transacting with EDGLOBAL; and
• to ensure that the Products are received by the addressee.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from EDGLOBAL and/or its partners / affiliates.
EDGLOBAL may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
EDGLOBAL shall not disclose your personal information unless you consent thereto or unless require for the purposes of any legal process.
• EDGLOBAL may compile, use and share any information that does not relate to any specific individual; and
• EDGLOBAL owns and retains all rights to non-personal statistical information collected and compiled by EDGLOBAL.
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to the courier company/ies used from time to time to enable delivery of Products Purchased to you.
17 CHANGES TO T&C
EDGLOBAL may, in its sole discretion, change these T&C or any part thereof at any time.
If you are a registered Member, EDGLOBAL will notify you of any such changes via email to the email address EDGLOBAL has on record for you. You will then be responsible for reading the revised T&C and ensuring that you are satisfied therewith and if not so satisfied, you are entitled to terminate your registration with EDGLOBAL.
If you are NOT a registered Member, EDGLOBAL will not be able to notify you of any changes to these T&C and it will be your responsibility to visit the Site to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using the Site in any way.
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 EDGLOBAL on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of EDGLOBAL, then such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded fromhttp://www.arbitration.co.za/downloads/expedited_rules.pdf.
19 ADDRESS FOR NOTICES
EDGLOBAL chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Unit 28 Vintech Park, 45 4th Street, Wynberg, Sandton, 2090, South Africa.
20 TERM AND TERMINATION
These T&C shall commence from the date on which they are published on the Site and continue indefinitely, as amended by EDGLOBAL from time to time (as described above), for so long as the Site exists and is operational, EDGLOBAL being entitled to terminate these T&C and/or shut down the Site at any time subject to still processing any Purchases then already made.
If you fail to comply with your obligations under these T&C, including any incident involving the payment of the price of an Order, and you fail to remedy such failure within 5 Business Days of notice by EDGLOBAL to do so, this may (in the sole discretion of EDGLOBAL) lead to suspension of your access to the Service, or even the closing of your account and access to the Site, according to the degree of seriousness of the action in question, without prejudice to any damages which EDGLOBAL might seek.
21 COPYRIGHT & OTHER INTELLECTUAL PROPERTY
Any and all copyright subsisting in the Site, including these T&C, vests in EDGLOBAL and all rights not expressly granted are reserved.
You may only download, view and print content from this Site for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Site please email us at firstname.lastname@example.org or contact the Call Centre at 011 440 1635.
EDGLOBAL cannot screen or edit all the content available from the Site and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform EDGLOBAL of any content that may be offensive or illegal.
All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to EDGLOBAL and as such are protected from infringement by local and international legislation and treaties.
22 ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to EDGLOBAL, you consent to receiving communications from EDGLOBAL electronically.
23 HYPERLINKS, FRAMING, SPIDERS AND CRAWLERS
No person, business or web site may link to any page on this Site without the prior written permission of EDGLOBAL. Such permission could be obtained by contacting us by email at email@example.com or by contacting the Call Centre at 011 440 1635
Hyperlinks provided on this Site to EDGLOBAL sites are provided as is and 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 Site in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Site without the prior written permission of EDGLOBAL. Such permission could be obtained by contacting us by email at firstname.lastname@example.org or by contacting the Call Centre at 011 440 1635.
24 EDGLOBAL CORPORATE 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.
EDGLOBAL’s information is as follows:
Full name: EDGLOBALCC t/a EDGLOBAL, registered in South Africa, registration number 2001/036326/23
Main business: Promotional Products and Uniforms
Address for receipt of legal service: Unit 28 Vintech Park, 45 4th Street, Wynberg, Sandton, 2090 South Africa
Official email address: email@example.com
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za
Code of Conduct: not applicable