Terms and Conditions
WITH WHOM YOU ARE CONTRACTING:
•www.stuffitts.co.za (the "website") is owned by PortiTrex (Pty) Ltd; registration number: 2011/10111/07, trading as and hereafter referred to as "STUFFITTS".
•Visitors to the Website including Users who purchase any products on the Website are bound by these terms and conditions ("T&C’s"). If you do not agree to be bound to these T&C’s, do not continue to use the Website. Your continued use of the Website will constitute your acceptance of the T&C’s, unmodified by you.
Format of these T&C’s
These T&C’s apply to your use of, and your purchases made on, the Website and are divided into various areas as follows:
•Part 1: Purchases from Stuffitts: terms and conditions applying to purchasing on Stuffitts.co.za
•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: PURCHASING ON STUFFITTS
Stuffitts Products & Availability
Stock availability:
Stocks of all goods on offer are limited. Stuffitts will make all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should items still be offered after stocks are exhausted and Stuffitts is unable to fulfill the orders placed at advertised prices, Stuffitts will only be liable to refund the amount paid by you for such items, on such terms and conditions set out in detail in the Refund Policy ("Refund Policy").
Errors: Please note that although Stuffitts endeavours to accurately describe and/or depict each product on the website, this information is subject to information provided to Stuffitts by the supplier. However, should you be dissatisfied with the product you receive, please see our Refund Policy in this regard.
AGREEMENTS OF SALE
Placing a product in a shopping cart or adding it to a wishlist without completing the purchase process does not:
•constitute an agreement of sale; and/or
•constitute an order for this product, as such, Stuffitts may remove such product from the shopping cart or wishlist if no stock is available and you cannot hold Stuffitts liable if such product is not available when the purchase process 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 cart; and
•payment is either authorised, or received by Stuffitts in its bank account
Termination of Sales & Cancellation of Orders
•Stuffitts reserves the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept, or process payment on, any order and/or to cancel any sale concluded between you and Stuffitts, in whole or in part, without giving any reasons. Stuffitts will only be liable to refund monies already paid by you (see Stuffitts Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to complete any order/sale.
•By You: Save for certain exceptions, and subject to certain fees, the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. Please read the Refund Policy for further details in this regard.
AMOUNTS PAYABLE BY THE PURCHASER
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.
Delivery Charges
The Stuffitts product will be delivered to your door by Express Courier at a subsidized cost of R49 incl. VAT (per 4 pairs) or FREE collection from our Brackenfell, Cape Town warehouse during office hours: Mon-Thurs 08h00-17h00 and Friday 08h00-16h00, or our Cape Town CBD location during office hours: Mon-Thurs 08h30-17h00 and Friday 08h30-16h00.
Value Added Tax
Value added tax at the rate of 14% is levied on goods bought by South African residents.
Errors:
Stuffitts will take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be offered at incorrect prices and/or delivery charges by error, Stuffitts will not be obliged to sell products at such incorrect prices and/or delivery charges and will only be liable to refund monies paid should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Payment Methods
Subject to the Exceptions listed below, your payment for any products ordered from Stuffitts must be made to Stuffitts bank account in the following way: Electronic Funds Transfer.
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DELIVERIES
Footprint
Stuffitts delivers to addresses within the borders of South Africa, with certain exceptions such as defined high-risk and remote areas.
Costs
Delivery objective:
It is our philosophy to reduce delivery costs to their bare minimum in each individual case. Our business model is based on identifying the delivery location and arranging supply from the closest source(s) to that location, within reason. Delivery charges are also calculated factoring in the weight of all products included in an order.
These costs are as follows:
• If the total weight of an order is under 2 Kg a subsidized cost of R49 will apply.
Timings
Estimated at within 2-5 working days after the day on which the order is placed.
Receiving deliveries
Our courier partners only deliver during business hours to addresses that are permanently manned. We would encourage you to deliver to a business address wherever possible. If delivery is not able to take place and re-delivery is required, the recipient will be required to collect from the courier depot or a re-delivery fee will be incurred.
Packaging
Stuffitts makes every effort to ensure that orders are delivered in suitable protective packaging. Please ensure upon receipt of the product that you verify its good order before signing for the delivery. Stuffitts will not be held responsible for claimed irregularities with the condition of the product after delivery has taken place.
If you have any problems relating to the purchase and delivery process, please report it to Stuffitts at: sales@stuffitts.co.za
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PART 2: GENERAL TERMS & CONDITIONS
Restrictions on Sales
The Refund Policy regulates your rights in this regard. Within 48hrs of receipt of the product, the client has to notify PortiTrex (Pty) Ltd in writing that the product is defective in a material way. The claim will be investigated and the refund is at our sole discretion.
Sales Records
A full record of every sale and related transaction between you and Stuffitts will be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You will thus only be able to view and print such record during such period, thereafter you will be responsible for retaining your own record of the relevant sale or related transaction.
Disclaimer
Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, neither Stuffitts nor any of its agents or representatives will be liable for any damage, loss or liability of whatsoever nature stemming from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Stuffitts makes no representations or guarantees, 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 feedback any identified malfunctions and errors to info@stuffitts.co.za.
This Website is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is solely your responsibility to satisfy yourself prior to accepting these T&C’s that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Stuffitts makes every effort to ensure that the content supplied on the Website is accurate, however information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Stuffitts and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Neither Stuffitts nor any of its agents or representatives will be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold by Stuffitts.
Governing Law and Jurisdiction
This Website is hosted, controlled and managed from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these T&C’s, you and Stuffitts submit to the non-exclusive jurisdiction of the South African courts.
Privacy
Stuffitts will take all reasonable steps to protect your personal information, whereby "personal information" will 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_promofaccestoinfoact2.pdf
Stuffitts may electronically collect, store and use the following of your personal information:
name and surname
•birth date;
•gender;
•country of residence;
•delivery addresses;
•closest city;
•non-personal browsing habits and click patterns;
•purchase history;
•e-mail address;
•mobile number (if provided by you);
•correspondence with Stuffitts
•IP address; and
•ID number /passport number.
Stuffitts collects, stores and uses the above mentioned information for the following purpose:
to interact with 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 special offers and promotions from Stuffitts 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 accessing and transacting with Stuffitts;
•to ensure that the goods are received by the addressee; and
•to facilitate your ease of use of the Website
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may regulate cookie use independently through your browser settings.
You may elect not to receive any communications from Stuffitts and/or its partners/affiliates.
Stuffitts may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
Stuffitts will not disclose your personal information unless:
•you agree thereto through due legal process.
•Stuffitts may compile, use and share any information that does not relate to any particular individual; and
•Stuffitts owns and retains all rights to non-personal statistical information collected and compiled by Stuffitts
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Security
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 will be prosecuted to the full extent of the law and civil damages will be claimed in the event that Stuffitts suffers any damage or loss.
You agree and warrant that your log-in name and password will:
•be used for your personal use only; and
•not be disclosed to any third party.
You allow Stuffitts to take all necessary steps to ensure the integrity and security of the Website and back-office applications.
Changes to Agreement
Stuffitts may, in its sole discretion, change these T&C’s or any sections thereof at any time with or without notice. It is your responsibility to visit the Website to see whether the T&C’s have been amended and ensure that you are satisfied with the amendments. Should you be dissatisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Disputes
Between you and Stuffitts
Save for urgent or interim relief which may be granted by an authorised court, in the event of any dispute of any nature whatsoever arising between you and Stuffitts on any matter provided for in, or arising out of these T&C’s, and not resolved through Stuffitts Customer Service, then such a dispute will be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings will be conducted in Cape Town in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Domcilium
Stuffitts chooses as its domicilium citandi et executandi (i.e. its address) for all purposes under these T&C’s, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: PO Box 484, Brackenfell, 7561, South Africa.
Term and Termination
These T&C’s will be effective from the date on which they are published on the Website and continue indefinitely, as amended by Stuffitts on occasion, for so long as the Website exists and is operational, Stuffitts being entitled to terminate these T&C’s and/or shut down the Website at any time.
Copyright
Any and all copyright subsisting in the Website vests in Stuffitts and all rights not expressly granted are reserved.
You may only download, view and print content from this Website for private and non-commercial purposes.
To obtain permission for the commercial uses of any content on this Website email us on info@stuffitts.co.za
Stuffitts cannot vet all the content available from the Website and does not accept any liability for illegal, defamatory and/or obscene content. You are encouraged to inform Stuffitts of any content that may be offensive or illegal.
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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 Stuffitts and as such are protected from infringement by local and international legislation and treaties.
Electronic Communications
When you visit the Website or send e-mails to Stuffitts, you agree to receive communications from Stuffitts electronically and agree that all agreements, notices, disclosures and other communications sent by Stuffitts satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
Hyperlinks
Hyperlinks provided on this Website to non-Stuffitts sites are provided as is and Stuffitts does not necessarily agree with, edit or sponsor the content on these web pages.
Framing
No person, business or web site may frame any of the pages on this Website in any way whatsoever.
Information
The ECT Act states that when goods or services are tendered 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.
Stuffitts information is as follows:
Full name: PortiTrex (Pty)Ltd t/a Stuffitts registered in South Africa, registration number 2011/10111/07
Main business: Online retailer
Address for receipt of legal service: PO Box 484, Brackenfell, 7561, South Africa.
Office bearers: Tara Solomon (Director) Barry Solomon (Director)
Webmaster: info@stuffitts.co.za
Website: http://www.stuffitts.co.za
Official email address: info@stuffitts.co.za
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
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REFUND POLICY
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 7 days notice to the seller of such product.
Should a product purchased be unavailable, the seller thereof must notify you and issue a full refund within 30 days after such notice.
Refunds on purchases from Stuffitts
•Within 48hrs of receipt of the product, the client has to notify PortiTrex (Pty) Ltd in writing that the product is defective in a material way. The claim will be investigated and the refund is at our sole discretion.
Defective/ Damaged Products
•Please note: the following will NOT be regarded as defects and will not entitle you to any repair, replacement or refund:
- faults resulting from normal wear and tear;
•Subject to the "Special Offers" section below:
- if Stuffitts supplies the wrong product or if the product is damaged or faulty as a result of a manufacturing defect, Stuffitts must be notified by way of email to info@stuffitts.co.za within 14 days of invoice. Should Stuffitts not receive notice within such 14 days you will be deemed to have received the correct product, corresponding with the order placed.
- Stuffitts will exchange the incorrect or faulty product for a replacement upon receipt of the returned product. The returned product must be received in the original packaging and if the product is returned as a result of being an incorrect delivery, the product must not have been utilised. Stuffitts will make all reasonable effort to exchange the product, but if replacement is not possible at the same price or at all, Stuffitts will refund the purchase price including delivery cost upon receipt of the un-used returned product.
•Special Offers: If a defective product was ordered pursuant to a "Special Offer" and such product is no longer being offered at the special price, Stuffitts will not replace same as aforesaid, but will instead refund the purchase price paid including delivery costs upon receipt thereof.
Processing of refunds
Should you be entitled to a refund for any reason, such refund will –
•in other instances, be credited to your Stuffitts shopper profile, in which case you have the right to request that the funds be paid into your bank account, as reflected on Stuffitts records. Stuffitts will not, in such instances, pay funds into a third party bank account.
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DELVERY FOOTPRINT
Stuffitts delivers to addresses within the borders of South Africa, with certain exceptions such as defined high-risk and remote areas.
DELIVERY OBJECTIVE
It is our philosophy to reduce delivery costs to their bare minimum in each individual case. Our business model is based on identifying the delivery location and arranging supply from the closest source(s) to that location, within reason. Delivery charges are also calculated factoring in the weight of all products included in an order.
DELIVERY COSTS
Our delivery costs are as follows:
If the total weight of an order is under 2 Kg the delivery cost is R49
DELIVERY TIMINGS
Estimated at within 2-5 working days after the day on which the order is placed.
RECEIVING DELIVERIES
Our courier partners only deliver during business hours to addresses that are permanently manned. We would encourage you to provide a business address wherever possible. If no one is available to receive a delivery, and re-delivery is required, the recipient will be required to either collect from the courier depot or incur a re-delivery fee. In such cases we will leave a calling card with instructions.
PACKAGING
Stuffitts makes every effort to ensure that orders are delivered in suitable protective packaging. Please ensure upon receipt of the product that you verify its good condition before signing for the delivery. Stuffitts will not be held responsible for claimed irregularities with the condition of the product after delivery has taken place.
PURCHASES, PAYMENT & DELIVERY
What payment options do you offer?
You can either choose to pay with your Visa or Mastercard credit card.
Is it safe to use my credit card online?
We process our orders via safe SSL lines which encrypts all your personal information including credit/debit card number, name and address. The encryption process takes the characters you enter and converts them into bits of code that are then securely transmitted over the internet.
What if I do not want to order online?
We would encourage you to get in contact with us to discuss any concerns and if warranted we will make alternative arrangements for you.
Are all products in stock?
Our site is updated regularly and we strive to make sure that all our products listed as available are in stock. However we are largely dependent on our supplier for information about stock levels. If for any reason a product ordered on our site is out of stock, we will contact you immediately to let you know.
How much do you charge for delivery?
See our Delivery Policy page for details.
Do you ship to any delivery addresses?
We can ship directly to any South African address barring certain high-risk and remote areas. It is important to note however: (a) that we only deliver during normal office hours (Mon-Fri), and (b) that we suggest delivery to either business premises or to addresses at which someone is permanently available during office hours. If redelivery is required this will result in extra charges being levied.
SPECIAL SERVICES AND OFFERS
What if I need advice or a recommendation?
We pride ourselves on providing expert advice. Our site is designed to provide you with relevant knowledge as you navigate the search and selection process. Furthermore if you need advice or recommendations at any time, don't hesitate to get in contact with us. We are always delighted to advise (and just chat) regardless of whether or not you wish to order.
PRIVACY AND CONFIDENTIALITY
Are my personal details kept private?
We only use the information that you provide to process your order, facilitate your use of the site, and to send you information on Stuffitts news, if you give us authorization to do so. We do not sell or pass your information on to third parties without your explicit approval, EVER.
Troubleshooting
What if I have a problem with my order?
Stuffitts is committed to providing you with a seamless and convenient service. If you experience difficulties for any reason, please contact us and we will do everything possible to rectify the problem. Please ensure that you provide your order number in such instances.
Can I return a product?
We are unable to accept returns. Kindly ensure that you are happy with the goods before signing for receipt.
GENERAL
Why should I buy my Stuffitts online?
•you shop at your convenience day or night without having to leave your home or place of work
•you get your Stuffitts delivered directly to your door.
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