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TERMS AND CONDITIONS

WICKED FAMILY SOUTH AFRICA T&C

Introduction

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  1. This website can be accessed at wickedfamily.co.za, the “Website” is owned and operated by WICKED FAMILY SOUTH AFRICA Store Pty Ltd (“WICKED FAMILY SOUTH AFRICA”, “we”, “us” and “our”).

  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

  4. The Website enables you to shop online for an extensive range of motocross and lifestyle goods.

  5. When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address, including for returns collections, is a delivery address within the borders of the Republic of South Africa.

 


Important Notice

 

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

  2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which – may limit the risk or liability of WICKED FAMILY SOUTH AFRICA Store or a third party; and/or may create risk or liability for the user; and/or may compel the user to indemnify WICKED FAMILY SOUTH AFRICA Store or a third party; and/or serves as an acknowledgement, by the user, of a fact.

  3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

  4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask WICKED FAMILY SOUTH AFRICA Store to explain it to you before you accept the Terms and Conditions or continue using the Website.

  5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or WICKED FAMILY SOUTH AFRICA Store in terms of the CPA.

  6. WICKED FAMILY SOUTH AFRICA Store permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

 


Registration and use of the website

 

  1. Only registered users may order Goods on the Website.

  2. To register as a user, you must provide a unique username and password and provide certain information and personal details to WICKED FAMILY SOUTH AFRICA Store. You will need to use your unique username and password to access the Website in order to purchase Goods.

  3. You agree and warrant that your username and password shall: be used for personal use only; and not be disclosed by you to any third party.

  4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

  5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order.

  6. You agree to notify WICKED FAMILY SOUTH AFRICA Store immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

  7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

  8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Next Addition Store representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

  9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

  10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised WICKED FAMILY SOUTH AFRICA Store representative.

 


Conclusion of sales and availability of stock

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  1. Registered users may place orders for Goods, which WICKED FAMILY SOUTH AFRICA Store or the Third Party Seller may accept or reject. Whether or not WICKED FAMILY SOUTH AFRICA Store or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by WICKED FAMILY SOUTH AFRICA Store for the Goods.

  2. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold WICKED FAMILY SOUTH AFRICA Store or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.Goods are no longer available after you have placed an order, WICKED FAMILY SOUTH AFRICA Store will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

  3. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by WICKED FAMILY SOUTH AFRICA Store, WICKED FAMILY SOUTH AFRICA Store will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When

 


Payment

 

  1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

  2. Whether the goods are for sale by Next Addition Store, payment may be made for goods via the following methods debit credit card Instant EFT

  3. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the goods.

 


Delivery of goods

 

  1. WICKED FAMILY SOUTH AFRICA Store offers 2 (two) methods of delivery of Goods to you. You may elect delivery via: courier or self-collection.

 


Changes to these Terms and Conditions

 

  1. WICKED FAMILY SOUTH AFRICA Store may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

  2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

 


Electronic communications

 

  1. When you visit the Website or send emails to us, you consent to receiving communications from us.

 


Ownership and copyright

 

  1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of WICKED FAMILY SOUTH AFRICA Store, its advertisers and/or sponsors and/or is licensed to WICKED FAMILY SOUTH AFRICA Store.

  2. You will not acquire any right, title or interest in or to the Website or the Website Content.

  3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

 


Disclaimer

 

  1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

  2. Whilst WICKED FAMILY SOUTH AFRICA Store takes reasonable measures to ensure that the content of the Website is accurate and complete, WICKED FAMILY SOUTH AFRICA Store makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

  3. WICKED FAMILY SOUTH AFRICA Store disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

 


Limitation of liability

 

  1. WICKED FAMILY SOUTH AFRICA Store cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Next Addition Store, its employees, agents or authorised representatives.

  2. WICKED FAMILY SOUTH AFRICA STORE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

  3. YOU HEREBY INDEMNIFY WICKED FAMILY SOUTH AFRICA STORE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

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