General Terms & Conditions
IMPORTANT: Who you are contracting with:
- www.es.org.za (the “Website”) is owned and operated by Die Erfenisstigting (ES), registration number: 2002/022710/08 (hereinafter referred to as “ES”).
- 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.
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 ES – terms and conditions applying to purchases from ES
- 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 ES
ES Products & Availability Stock availability: Stocks of all goods on offer are limited. ES shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should the ES be unable to fulfill any order placed by you at the advertised price due to stock having been sold out, the ES 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”)
Errors: Please note that although the ES endeavors 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 the ES 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). Agreements of Sale Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product, and as such, the ES may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold the ES 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 (a) you electronically submit a properly completed order for one or more products in your shopping basket; and (b) payment is either authorised, or received by the ES in its bank account. Termination of Sales & Cancellation of Orders
- By the ES: the ES 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 the ES, in whole or in part, on notice to you. The ES shall only be liable to refund monies already paid by you (see ES 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/timeframe (or where none is specified, beyond 30 days from the order date). Please read the Refund Policy for further details in this regard.
Amounts payable by You
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. However, note the following for pre-order products (being products pre-ordered in advance of their public release dates): if the price of that product upon its release is lower than the price you paid for your pre-order, then your account will be credited with the difference.
Delivery Charges: Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa.
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. Import Duties: Import duties may be payable by recipients of goods in foreign countries. The ES 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.
Errors: The ES 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, the ES 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.
Payment Methods Subject to any exceptions expressly mentioned below, your payment for any products ordered from the ES must be made to us in any one of the following ways:
Credit card payments. At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorisation is not obtained, the order will be cancelled. The ES may carry out certain fraud checks with the cardholder or the cardholder’s banks, should the ES be unable to verify the validity of the transaction the order will be cancelled.
Bank deposits & Electronic Funds Transfer If you select to pay via this method, instructions will be given on how to deposit monies into the ES 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 transfers may be made from ATM’s;
- cheque deposits are subject to a clearing period.;
- no bank deposits are accepted from outside the borders of South Africa; and
- your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
Deliveries Where we deliver: The ES delivers to addresses both within and beyond the borders of South Africa, save for the following: Within South Africa only – the following types of products which will only be delivered to addresses within the Republic of South Africa:
- Items that weigh 10kg or more;
Important things to note generally:
- Delivery periods are only regarded as having commenced upon payment confirmation being received by the ES. If paying with a specific credit card for the first time on the Website, or if the ES regards the transaction to be large and/or unusual, the ES may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks.
- Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods. So, for eg, if you order something over the weekend, the delivery period will only start running on the next business day.
- The ES 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.
Inside the borders of South Africa Outside the borders of South Africa Goods to the following international destinations are sent as follows:
- African countries – delivery to a post office in such African country only;
- All other countries – via airmail parcel post or via courier (the costs of courier delivery usually being very high and determined on an ad hoc basis).
Delivery usually takes place within 2 or 3 weeks after dispatch, however, seasonal peaks and delays at customs is outside the control of the ES and deliveries may take up to 12 weeks.
PART 2 – GENERAL Note that this Part 2 applies to all purchases made on the Website.
Restrictions on Sales
Age restrictions: The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such product (including DVD’s and Videos) and that these restrictions are observed. For example, if you make a Website purchase of toys for a child, the onus is on you to ensure that the toy is suitable for such child’s age (as the case may be). Accordingly you indemnify the ES 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. Regional encoding of DVDs: Most of the DVDs available for purchase on the Website are encoded for use in region 2 or are encoded for multiple zones. DVD’s encoded for other zones will be indicated as such. Please note that it is your responsibility to ensure that you purchase DVD’s of the correct zone. Defects, Returns, Refunds & Guarantees Should you not be satisfied with any product purchased 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 regulates your rights in this regard, and how products are to be returned to us. Please click here to read such Refund Policy.
A full record of every sale and related transaction between you and the ES 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, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.
Save for the ES being liable to you –
- under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by the ES to you via the Website; and
- under sections 43(5) and 43(6) of the ECT Act in relation to the ES payment systems not being sufficiently secure,
neither the ES 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, the ES 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 to firstname.lastname@example.org 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 and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the ES and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website. 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 T&C, you and the ES submit to the non-exclusive jurisdiction of the South African courts.
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 the ES 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 shall not be disclosed to any third party. You allow the ES to take all reasonable steps to ensure the integrity and security of the Website and back-office applications. All credit card transactions are Secure Socket Layers encrypted. The ES registration documents and the Website’s registered domain name are checked and verified by Thawte.
Changes to Agreement
The ES 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 the ES: 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 the ES on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of the ES, 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 from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Address for Notices
The ES chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatever nature, the following address: Monumentkoppie, Eeufees avenue, Pretoria.
Term and Termination
These T&Cs shall commence from the date on which they are published on the Website and continue indefinitely, as amended by the ES from time to time (as described above), for so long as the Website exists and is operational, the ES being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders already placed and accepted by the ES).
Copyright & other Intellectual Property Rights
Any and all copyright subsisting in the Website, including these T&C, vests in the ES and all rights not expressly granted are reserved. The ES cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform the ES of any content that may be offensive or illegal. 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 the ES and as such are protected from infringement by local and international legislation and treaties.
When you visit the Website or send e-mails to the ES, you consent to receiving communications from the ES electronically and agree that all agreements, notices, disclosures and other communications sent by the ES satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
Hyperlinks, Framing, Spiders & Crawlers
Hyperlinks provided on this Website to non-ES sites are provided as is and the ES does not necessarily agree with, edit or sponsor the content on such web pages. No person, business or website 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 the ES. 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.
The ES information is as follows:
Full name: Die Erfenisstigting (CWP) 2002/022710/08
Main business: Heritage Practitioner / Online retailer
Address for receipt of legal service: Monumentkoppie, Eeufees avenue, Pretoria, 0001, Republic of South Africa
Office bearers: C Kruger (MD)
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