§ www.Dashdivers.co.za (the "Website") is owned and operated by Ashley Heydenrych (hereinafter referred to as( "Dashdivers").
§ Visitors to the Website ("Users" or "you"), including those Users who purchase any products on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
Other persons you may contract with via the Website: This Website only enables Users to purchase products from Dashdivers. Dashdivers acts as a sales agent for the supplier of such products and you will thus be purchasing such products from such supplier, not Dashdivers.
Lay-out of these T&C: These T&C apply to your use of, and purchases made on, the Website and are divided into various sections as follows:
§ Part 1 – Purchases from Dashdivers – terms and conditions applying to purchases from Dashdivers (including where Dashdivers acts as sales agent for suppliers)
§ Part 2 – General – terms and conditions applying to your use of the Website and any purchases made by you on the Website. Please take note of the Disclaimer clause in particular.
PART 1 – PURCHASES FROM Dashdivers
Identification of Dashdivers products:
Product listings which do not specify the name of a third party seller, are products offered for sale by Dashdivers and, once added to your shopping basket, will reflect the Dashdivers icon.
Stocks of all goods on offer are limited. Dashdivers shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Dashdivers be unable to fulfil any order placed by you at the advertised price due to stock having sold out, Dashdivers 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")
Please note that although Dashdivers 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 Dashdivers 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).
Placing a product in a shopping basket or adding it to a wish list without completing the purchase cycle does not:
§ constitute an agreement of sale; and/or
§ constitute an order for such product,
And as such, Dashdivers may remove such product from the shopping basket or wish list if stock becomes unavailable and you cannot hold Dashdivers liable if such product is not available when the purchase cycle is completed at a later stage.
An agreement of sale only comes into effect if and when:
§ you electronically submit a properly completed order for one or more products in your shopping basket; and
§ payment is received by Dashdivers in its bank account
Termination of Sales & Cancellation of Orders
§ By Dashdivers 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 Dashdivers, in whole or in part, on notice to you. Dashdivers shall only be liable to refund monies already paid by you (see Dashdivers Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
§ By You: Save for certain exceptions, and subject to certain charges you are entitled to cancel any sale concluded on this Website within 7 days 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.
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.
Delivery charges differ depending on a variety of factors, including product type, price, and weight. Please see details of Dashdivers delivery charges by clicking here.
Value Added Tax:
Value added tax is not added to the products as we are not registered for VAT at this moment.
Import duties may be payable by recipients of goods in foreign countries. Dashdivers does not know what import duties/levies may be 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.
Dashdivers 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, Dashdivers 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.
Subject to the Exceptions listed below, your payment for any products ordered from Dashdivers must be made to Dashdivers bank account in any one of the following ways:
Bank deposits & Electronic Funds Transfer.
If you select the 'pay via bank deposit' button, instructions will be given on how to deposit monies into Dashdivers bank account and it would be subject to the following rules:
§ The exact amount must be paid;
§ 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;
§ No bank deposits are accepted from outside the borders of South Africa
§ Your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
Payment is immediate and the voucher balance is reduced by the order total. Where the voucher balance exceeds the order total, the balance remaining will remain attached to the original voucher number.
Refunds and cancellations will result in credit being applied to your customer profile.
Where we deliver: Dashdivers delivers to addresses within the borders of South Africa.
· Inside the borders of South Africa
All Dashdivers items listed on the Website have an indication of the delivery time:
§ South African countries - delivery to a post office in South African country only;
§ Delivery usually takes place within 6 to 7 days.
§ IMPORTANT TO NOTE:
§ Delivery periods are only regarded as having commenced upon payment confirmation being received by Dashdivers.
§ If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. Should you thus wish to receive 24 hour products within 24 hours, for example, Dashdivers recommends that you order such products separately from the products requiring longer delivery times.
§ Dashdivers makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
§ Vouchers and coupons
Dashdivers may make physical and/or electronic gift vouchers (“Vouchers”), as well as electronic promotional coupons (“Coupons”) available on the Website from time to time.
Vouchers and Coupons can only be redeemed -
§ While they are valid, their expiry dates being unable to be extended;
§ On the Website towards the purchase of Dashdivers products.
Dashdivers participates in certain loyalty program/s as listed on the Website (go to loyalty program for details). Should you be a member of any of such loyalty program and wish to earn loyalty rewards or discounts on your purchases of Dashdivers products, please go to Loyalty program.
PART 2 – GENERAL
Note that this part 2 applies to all purchases made on the Website.
A full record of every sale and related transaction between you and Dashdivers shall be maintained on the Website for a period of 12 months following the date of such 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.
Save for Dashdivers being liable to you –
§ under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Dashdivers to you via the Website; and
§ under sections 43(5) and 43(6) of the ECT Act in relation to Dashdivers payment systems not being sufficiently secure,
Neither Dashdivers 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 Website or the services or content provided from and through this Website. Furthermore, Dashdivers makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website 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 via email.
Although the products sold via the Website may be under warranty, the Website 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 Website will meet your individual requirements.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Dashdivers and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
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 T&C, you and Dashdivers submit to the non-exclusive jurisdiction of the South African Cape Town courts.
Dashdivers 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). PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promofaccestoinfoact2.pdf
Dashdivers 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;
§ mobile number (if provided by you);
§ IP address; and
§ ID number / passport number.
Dashdivers collects, stores and uses the above mentioned information 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 Dashdivers;
§ to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
§ to verify your identity when transacting with Dashdivers;
§ to verify your identity to determine whether you are a registered PayPal member;
§ to ensure that the goods 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 Dashdivers.
Dashdivers may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
§ Dashdivers shall not disclose your personal information unless –
§ you consent thereto;
§ Through due legal process.
§ Dashdivers may compile, use and share any information that does not relate to any specific individual; and
§ Dashdivers owns and retains all rights to non-personal statistical information collected and compiled by Dashdivers.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorized access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Dashdivers 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 Dashdivers to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
Dashdivers may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Between you and Dashdivers
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 Dashdivers on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Dashdivers, then such a dispute shall 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.
Any and all copyright subsisting in the Website, including these T&C, vests in Dashdivers and all rights not expressly granted are reserved.
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 Dashdivers and as such are protected from infringement by local and international legislation and treaties.
When you visit the Website or send e-mails to Dashdivers, you consent to receiving communications from Dashdivers electronically and agree that all agreements, notices, disclosures and other communications sent by Dashdivers satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
Hyperlinks provided on this Website to non- Dashdivers sites are provided as is and Dashdivers 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 Website in any way whatsoever.
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 Dashdivers. Such permission could be obtained from firstname.lastname@example.org
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.
Dashdivers information is as follows:
Full name: Dashdivers
Main business: On line retailer
Address for receipt of legal service: 5 Reitz road, Milnerton, Cape Town, 7441, Republic of South Africa
Office bearers: Ashley Heydenrych (Owner)
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
1.1 NON-DEFECTIVE PRODUCTS - YOUR RIGHTS TO ‘COOL OFF’
Save for certain exceptional cases (as listed below), you are entitled to cancel any purchase made via this Website within 7 days after your receipt of the product and to obtain a full purchase price refund, subject to being charged by the seller thereof for the return of the product (which, in the case of a product sold by Dashdivers, must occur by following the returns procedure set out in the ‘Arranging Returns’ section below). Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, you must return the product in the condition you received it.
You will only be entitled to a refund in respect of the exceptions listed above in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below.
1.2 LATE DELIVERY
If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7days notice to the seller of such product the functionality for giving such notice being provided on the ‘my orders’ web page of the Website.
Should a product purchased be unavailable, the seller thereof must notify you and issue a full refund within 30 days after such notice.
2.1 EARLY CANCELLATIONS – PENALTY FREE*
You are entitled to cancel (either in whole or in part) any sale without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products so sold. Such early cancellations can only be effected on line on your ‘my orders’ web page (it being recorded that, the functionality for cancelling any sale will only be available for so long as you are entitled to cancel same on a penalty-free basis).
* If timorously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative or other charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.
2.2 DEFECTIVE / DAMAGED / UNSUITABLE PRODUCTS
§ GENERAL RULE: If, within 3 months after delivery of a product to you,
§ you find that the product is defective/faulty, unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective”); and
§ you arrange to return such product to Dashdivers for
inspection in the manner described in the ‘Arranging Returns’ section below (being
the ONLY manner in which returns will be accepted)
and the product is subsequently found -
§ NOT to be Defective, you will be liable for the costs incurred in having such product returned to Dashdivers and then re-delivered to you.
§ DEFECTIVE products claims fall under suppliers and manufacturers warranty, as Dashdivers we will ensure we do as much as possible to assist in the claim, you will still be liable for postage to and from manufacturers.
§ WHEN IS A PRODUCT ‘DEFECTIVE’? Please note that the following issues/problems will NOT render the product Defective as aforesaid and will not entitle you to any repair, replacement or refund:
§ faults resulting from normal wear and tear;
§ Where you, or someone unauthorized to do so by Dashdivers, has altered or damaged the product. IMPORTANT: you should refuse to accept delivery of any product which is visibly damaged, and if you only discover the damage after the courier has left (eg a cracked casing), then you must report it to Dashdivers as soon as possible and within 48 hours. If only reported after 48 hours, it is reasonable for Dashdivers or its suppliers to determine that the damage was caused post delivery;
§ EXCEPTIONS TO THE GENERAL RULE:
§ Special Offers: If the product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, should you elect to have the product repaired or replaced (as opposed to being refunded), Dashdivers will only be able to repair if possible, not replace same.
§ Certain product types which have been opened: Sterilized items
§ Manufacturer’s Warranties/Guarantees: Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope, and/or longer in duration, than the 3 month warranty generally provided (as discussed above).
2.3 NON-DEFECTIVE PRODUCTS
Products which are NOT defective, damaged or unsuitable as discussed above, but which you want to return for whatever reason, can be returned within 7 days from delivery, as explained above under ‘Non-Defective Products – your right to ‘Cool Off’. By following the returns procedure set out in ‘Arranging Returns’ below.
NOTE: If you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging and/or use or wear the Product. Remember that Dashdivers may hold you liable for any damage you cause to the product (including its packaging) while in your possession.
Incorrect Product: If the incorrect Product is delivered to you by mistake (ie it is not the Product you purchased), please do not remove the Product from its original packaging, open or use the Product in any way. Please promptly contact the Dashdivers to notify Dashdivers thereof, so that we can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.
2.4 ARRANGING RETURNS
If you want to return a product you have purchased from Dashdivers for any reason permitted under this Refund Policy, you must in all instances first notify Dashdivers thereof to inform us of the reason for your return by contacting us via:
§ our email at Dashdivers
Once you have successfully logged your return as aforesaid, Dashdivers will issue you with a returns authorization number (“RA Number”) and arrange for the collection of the product from you. You must ensure that the Product to be collected by the courier is packed so as to comply with the following:
§ the Product is properly protected;
§ save where being returned due to being Defective, the Product is still in its original packaging, together with all accessories, instructions and documentation (if any), and in perfect condition for the purposes of resale (ie the product must not be damaged, scratched, soiled, and in the case of electronic hardware, the adhesive screen covers must not have been removed); and
§ Aforesaid RA Number is accurately reflected on the courier’s collection slip.
§ Dashdivers is not able to accept the return of any products which have not gone through the above process and/or are not accompanied by a valid RA Number. Products returned without a valid RA Number will not have been validly returned and may be sent back to you at your expense.
§ Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right Dashdivers may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.
2.5 PROCESSING OF REFUNDS
Should you be entitled to a refund for any reason, such refund shall –
a) You will be credited to your Dashdivers shopper profile, in which case you have the right to request that the funds be paid into your bank account, being your bank account as reflected on Dashdivers records. Dashdivers will not, in this instance, pay funds into a third party bank account.
As refunds need to be processed by the banks, please note that the processing of refunds can take up to 5 working days from approval date.