Terms & Conditions

1. Introduction

Welcome to the website of Durban Roller Derby (hereinafter referred to as "DRD") at www.durbanrollerderby.co.za (hereinafter referred to as the"website").  Please take a moment to read these Terms and Conditions to understand how they apply to your use of the website and any products or services that you may order online. Your continued use of the website will constitute acceptance of the Terms and Conditions, unmodified by you.


2. 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 below regulates your rights in this regard, and how products are to be returned to us.

 

3. Age Restrictions on Sales

Certain of our products bear age restrictions.  It is your responsibility to ensure that you and/or the person for whom you may be buying the product,meet(s) such age restrictions (including, inter alia, hardware, software and all ISP products) and that these restrictions are observed.  Accordingly you indemnify DRD and its affiliates 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.

 

4. Sales Records

Full sales records regarding the transactions between you and DRD shall be maintained on the website for a period of 12 months from the date of conclusion of the sale or related transaction.  You shall thus only be able to view and print such record during such period, where after you shall be responsible for retaining your own record of the relevant sale or related transaction.

 

5. 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 Terms and Conditions, you and DRD submit to the non-exclusive jurisdiction of the South African courts.

 

6. Privacy

6.1 DRD 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), a copy of which may be downloaded from:     http://www.justice.gov.za/paia/paia.htm

6.2 You hereby grant DRD permission to electronically collect, store and use the your personal information provided by you to DRD, and for DRD to utilise cookies to collect such information, so that it may be is collected, stored and used 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 DRD 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 on the website; and

to ensure that the goods are received by the addressee.

6.3 DRD shall not disclose your personal information unless:

you consent thereto; or

through due legal process.

6.4 DRD may compile, use and share any information that does not relate to any specific individual; and

6.5 DRD owns and retains all rights to non-personal statistical information collected and compiled by DRD.


7. Security

7.1 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 DRD suffers any damage or loss.

7.2 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.                  

7.3 You allow DRD to take all reasonable steps to ensure the integrity and security of the website and back-office applications.

7.4 All credit card transactions are encrypted and handled by a third party PayGate. DRD 's registration documents and the website's registered domain name are checked and verified.


8. Changes to Agreement

DRD may, in its sole discretion, change these Terms and Conditionsor any part thereof at any time without notice to you.  You bear the sole responsibility check and to ensure that you are satisfied with the amendments at all times. Should you not be satisfied with the amendments, you must refrain from placing any further orders on the website, or from further use of the website in any way.


9. Dispute Resolution

Should a dispute arise between you and DRD on any matter arising out of these Terms and Conditions, and the matter is not resolved through the Customer Relations Department of DRD within 1(one) calendar month to your satisfaction, then you are at liberty to submit your complaint to the National Consumer Commission (the "NCC").


Should such dispute be outside of the jurisdiction of the NCC, such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa which rules can be downloaded athttp://www.arbitration.co.za/downloads/expedited_rules.pdf

 

10. Address for Notices

DRD chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 33 Abilia Road, Kloof, Durban, South Africa, with a copy to be sent to admin@durbanrollerderby.co.za


11. Term of These Terms and Conditions

These Terms and Conditions shall commence from the date on which they are published on the website and continue indefinitely, as amended by DRD from time to time, for so long as the website exists and is operational, DRD being entitled to terminate these Terms and Conditions and/or shut down the website at any time.es.


12. Copyright and Other Intellectual Property Rights

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 DRD and as such are protected from infringement by local and international legislation and treaties.


13. Electronic Communications

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


14. Hyperlinks, Framing and Other

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

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

14.3 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 DRD . Such permission could be obtained from admin@durbanrollerderby.co.za


15. Purchases from DRD

15.1 DRD Products & Availability

15.1.1  Stock availability Stocks of all goods on offer are limited. DRD shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued.However, should DRD be unable to fulfill any order placed by you at the advertised price due to stock having sold out, DRD 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")

15.1.2  Errors Please note that although DRD endeavours to accurately describe and/or depict each product on the website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to DRD for a full refund within 7 days of delivery. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).

15.1.3  Demo units are shop spoiled units that have been used in our stores, they come with the full supplier warranty.

15.1.4  All products carry a supplier warranty and in all cases the original suppliers warranty applies unless otherwise stated.

15.2 Agreements of Sale

15.2.1  Placing a product in a shopping basket without completing the purchase cycle does not constitute:

15.2.1.1   an agreement of sale; and/or           

15.2.1.2   an order for such product, and as such, DRD may remove such product from the shopping basket if stock becomes unavailable and you cannot hold DRD liable if such product is not available when the purchase cycle is completed at a later stage.

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

15.2.2.1   you electronically submit a properly completed order for one or more products in your shopping basket; and

15.2.2.2   payment is either authorised, or received by DRD in its bank account.

15.3 Termination of Sales & Cancellation of Orders

15.3.1  By DRD: DRD 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 DRD,in whole or in part, on notice to you. DRD shall only be liable to refund monies already paid by you (see DRD'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.

15.3.2  By You: Save for certain exceptions , and subject to certain charges you are entitled to cancel any sale concluded on this website within 7days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/time frame (or where none is specified, beyond 30 days from the order date). Please read the Refund Policy for further details in this regard.

15.3.3  Pricing of many products are linked to the Rand Dollar exchange rate on a supplier level and the price payable by the purchaser may be different from the one indicated on our website at the time of purchase.

15.3.4  The price payable in the case of 15.3.3 is the corrected price at the correct exchange rate.

15.4 Amounts Payable by You

15.4.1  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.

15.4.2  Delivery Costs These differ depending on a variety of factors,including product type, price, and weight, as well as whether delivery is to bemade within, or outside, the borders of South Africa. We keep delivery costs information current on our website.

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

15.4.4  VAT will be charged if and where needed.

15.4.5  Import Duties Import duties may be payable by recipients of goods in foreign countries. DRD does not know what import duties/levies maybe 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.

15.4.6  Errors DRD 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, DRD 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.

15.4.7  As in point 15.3.3 you the purchaser of the goods on this site needs to pay the full amount including any exchange rate adjustments. It is up to you to request the as see price to remain or to be credited back to your account on our website.

15.5 Payment Methods

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

15.5.1  Credit card payments 

The website accepts Credit Card payments which include Master Card and Visa. At the time of placing the order, the transaction details are presented to the bank for authorisation immediately. If bank's authorisation is not obtained, the order will be cancelled. Payment is not collected immediately it is a reserved for payment transaction. Only when the order is settle by DRD are the funds collected. Please note that Master Card Cheque and Debit Cards are not accepted.

15.5.2  Bank deposits & Electronic Funds Transfer

Should you choose to pay via a bank deposit or Electronic Fund Transfer,instructions will be emailed to you regarding the manner in which monies must be deposited into DRD 's bank account and it would be subject to the following rules:

15.5.2.1  the exact amount must be paid;

15.5.2.2  in the case of a direct deposit, the deposit amount must be inc ash as cheques are not accepted;

15.5.2.3  the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer; and

15.5.2.4  your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.

15.5.3 eBucks

15.5.3.1  Should you choose to make payment using FNB eBucks, you bear the onus of ensuring you have sufficient eBucks to conclude the transaction. In addition,please note that such payments are made using FNB's eBucks website in conjunction with the DRD Website and as such, you agree to be bound by all the Terms and Conditions provided for by FNB in relation thereto.

15.6 Deliveries

15.6.1  The Delivery option only commencers once the order has been verified and settled and an order will only be defined as "settled"once proof of payment has been received by DRD and the validity of the payment and identity of the purchaser is verified;

15.6.2  The same day delivery option needs to be paid for and settled as described above by 10h00 on a week day to be received the same day. If settled,as described above, after 10h00 or on a weekend or public holiday, delivery will take place the following Business day. Same day delivery options only apply to major centres (Areas or Cities). Out-lying areas will receive delivery the following the verification and settling of the transaction.

15.6.3.  Deliveries are done between 08h00 and 17h00 on weekdays where such day is a Business day and not a public holiday. Deliveries are not done on weekends.

15.6.4  All deliveries are done by courier company of DRD choosing or our DRD On-Site agents.

15.6.5  Please note that you will be required to produce your Identity Document upon delivery.

15.7 Purchasing Televisions.

15.7.1  A valid TV license will be required in order to complete your purchase of this product.

15.7.2  You will also be required to email / fax us an electronic copy of the TV license holder's SA ID Book and TV license, before we can dispatch your order.


16. Pre-Order Terms and Conditions

16.1.    An Application of terms and conditions.The terms and conditions laid out herein applies to all tems pre-ordered online at DRD  (www.durbanrollerderby.co.za), and is subject to our standard Terms & Conditions as listed on this website. You, the Customer,enters into the following 'Pre-Order' agreement with DRD :

16.2.     The Spirit of FairPlay. Because we pride ourselves in our customer service, diverse range of products and ability to meet the ever-growing consumer demands, we have allowed the pre-ordering of products on our website. The pre-ordering system essentially gives customers peace of mind that newly launched products or services can be secured before the official launch date or the requiered date thereby avoiding disappointment on or after the day. There are however times when unethical customers may try to take advantage of us and/or our systems so it is necessary to lay down the ground rules so that arguments can be prevented and/or resolved. We therefore would like to officially lay down the following ground rules for pre-ordering.

16.3.     Minimum Deposit. Aminimum deposit (as advertised on the website) will be required for pre-orderable items from time to time. Pre-orders must be secured with 100%upfront payment, before delivery. A pre-order is considered secured only when the appropriate amount for deposit or full pre-payment is made."Secured" means that we will to the best of our ability attempt to secure the relevant stocks, to fulfil the order. It does not mean that pre-orders will be fulfilled 100% of the time, as occasionally there are circumstances beyond our control, but rest assured that we will fulfil all pre-orders 99.9%of the time.

16.4.     Settling the Balance. Please be advised that DRD will be contacting you prior to the launch date to arrange for the settlement of the outstanding balance as per the advertised purchase price. We do however urge our customers to pay the full purchase price up-front so as to avoid the potential inconvenience of settling the outstanding balance before the launch date.

16.5.     Maximum order quantities. To protect our Customers from unscrupulous elements who attempt to profit from limited stock and market demands, we restrict Customers' pre-orders to a limited number of units per product ordered. This ensures that everyone gets their fair share.

16.6.     Pre-order status. All pre-orders are subject to stock availability. Sometimes manufacturers and suppliers are unable to stick to a delivery schedule and sometimes they are unable to fulfil their promise on quantities. However, to the best of our ability, we will only work with dependable, reliable and timely suppliers to protect your interests. Fortunately these incidents are few and far between.For items for which severe shortage occurs, we will revert to the fairest basis which is first-pre-ordered, first-served. So it always pays to be quick and decisive when it comes to pre-ordering.Please note that the expected launch dates are subject to change at the manufacturer's discretion.

16.7.     Changing your pre-order or cancelling it.In the event of changes to the advertised pricing,features or product offerings, the Customer will be notified and given an opportunity to continue, cancel or amend his/her pre-order. Refunds, changes and cancellations will only be possible for pre-orders that haven't been shipped to the Customer.Please allow for a potential variance, between the estimated pre-order price and the actual final retail price. The variance is usually applicable to imported items for which foreign freight, currency exchange rate fluctuations and of course, taxes. This usually works both ways,both for price increases and lower prices, subject to the final expenses incurred in importing the items.

16.8.     Deliveries &Part Shipment. Deliveries of pre-orders will generally be concluded within 72hours of the advertised launch date, we will however endeavour to have your product delivered as close to the advertised launch date as possible, ensuring that you are one of the first to have the product. In the event of part shipment (partial shipment) as requested by the Customer, he/she will be liable for all the associated delivery charges.

16.9.     Collecting your pre-order.Customers will be permitted to collect their pre-orders at their self appointed store.

16.10.   Returns, Refunds and Exchanges.DRD reserves the right to provide refunds for orders that it no longer wishes to support/accept/fulfil. Please refer to the Returns,Refunds & Exchange Policy as listed on our website.

16.11.   Determination of policies.At all times, DRD reserves the right to make any changes on all amendments, descriptions, updates, variations,assortments/bundles, prices, discounts etc., as it may deem fit, at its own discretion.

16.12.   Applicability. DRD will enforce all policies stated on its website at all times. Customers are advised to be mindful of the rules and regulations, terms and conditions of their purchases as per the policies listed here


17. Promotions and Competitions

Products and Promotions may not be available at all our outlets,especially our E-store outlet. Kindly contact our call centre on +27(0)87700 7968 to assist with product availability. All items, unless specified otherwise may be ordered online at www.durbanrollerderby.co.za, in-store or any of our e-stores.


18. Browser Support

Our web site is developed and tested Google Chrome, web site is not tested for Firefox and Google Chrome and Internet Explorer 10 but should work perfectly fine.