DEFINITIONS
"Supplier/Store" means a third party seller of goods and services from whom the Customer will receive their purchased product.
"Purchase" means the purchase of a product offered on the website.
"Products" means goods and/or services offered by a particular
Supplier/Store which are described as part of an offer on the website.
“Website" means the www.saddlecreek.co.za website and any Microsite.
“Customer” means any person who purchases a Product from the website.
INTRODUCTION
This Agreement contains the complete terms and conditions that apply to
you in joining, buying, and participating (and all other related
activities) in our website. By utilising or purchasing products from
this Website, you agree to be bound by its terms of use and shall comply
with same as if it comprised a binding contract.
This Agreement describes and encompasses the entire agreement between us
and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content and computer programs provided by or through the Site, and
the subject matter of this Agreement. Amendments to this agreement can
be made and effected by us from time to time without specific notice to
you.
The agreement posted on the Site reflects the latest agreement and you
should carefully review the same before you use our site. We reserve the
right to amend these Terms and Conditions at any time and without any
prior notice being given to Customers. You may terminate this Agreement
by written notice to us (by post or by email) if you do not wish to be
bound by such new terms and conditions.
However, continued use of the Service or the Website will be deemed to constitute acceptance of the new terms and conditions.
USE OF THE SITE AND PROHIBITIONS
The Site allows you to shop online. However, you are prohibited to use
our site, including its services and/or tools if you are not able to
form legally binding contracts, are under the age of 18, or are
temporarily or indefinitely suspended from using our sites, services or
tools. By using the Website and/or the Service you warrant that you are
18 years of age or older and that you have legal capacity to conclude
this Agreement with us.
For you to complete the sign-up process on our site, you must provide
your full legal name, a valid email address, and any other information
needed in order to complete the sign-up process. You confirm that you
are 18 years or older and will be responsible for keeping your password
secure and be responsible for all activities and contents that are
uploaded under your account. Please note that you are entirely
responsible for any loss or damage you may suffer if you do not maintain
the confidentiality of your password and an unauthorised person is able
to access your account.
You must not transmit any worms or viruses or any code of a destructive
nature. We reserve the right to prevent you using the Website and the
Service (or any part of them) and to prevent you from making any
Purchase.
ORDERING
Whilst we try and ensure that all details, descriptions and prices which
appear on this Website are accurate, errors may occur. If we discover
an error in the price of any goods which you have ordered we will inform
you of this as soon as possible and give you the option of reconfirming
your order at the correct price or cancelling it. If we are unable to
contact you we will treat the order as cancelled. If you cancel and you
have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are
clearly displayed where applicable and included in the 'Total Cost'.
STOCK AVAILABILITY
We cannot always ensure stock availability at the time of the Purchase
however we will ensure we provide the Customer with their purchased
product once the product is in stock and within a reasonable time.
Should the purchased product fail to come into stock within a reasonable
period, you will receive a full refund.
PRIVACY NOTICE
This policy covers all users who register to use the website. It is not
necessary to purchase anything in order to gain access to the searching
facilities of the site. Please read it here.
SECURITY
We have taken the appropriate measures to ensure that your personal
information is not unlawfully processed. SADDLE CREEK uses industry
standard practices to safeguard the confidentiality of your personal
identifiable information, including ‘firewalls’ and secure socket
layers.
During the payment process, we ask for personal information that is used purely to process your order.
SADDLE CREEK DOES NOT store any of your credit card information.
CONDITIONS OF USE
SADDLE CREEK and its affiliates provide their services to you subject to
these Terms and conditions. If you visit our shop at
www.saddlecreek.co.za you accept these conditions. Please read them
carefully, SADDLE CREEK controls and operates this site from its offices
within South Africa. The laws of South Africa govern claims relating to
and including the use of, this site and materials contained.
COPYRIGHTS
All content included on the site such as text, graphics logos, button
icons, images, audio clips, digital downloads and software are all owned
by SADDLE CREEK and are protected by international copyright laws.
LICENSE AND SITE ACCESS
SADDLE CREEK grants you a limited license to access and make personal
use of this site. This license does not include any resale for
commercial use of this site or its contents, any collection and use of
any products, any collection and use of any product listings,
descriptions or prices, any derivative use of this site or its contents,
any downloading or copying of account information for the benefit of
another merchant or any use of data mining, robots or similar data
gathering and extraction tools.
This site may not be reproduced, duplicated, copied, sold, resold or
otherwise exploited for any commercial reason without the express
written consent of SADDLE CREEK.
We do not warrant that your use of the Service or the Website will be
uninterrupted and we do not warrant that any information (or messages)
transmitted via the Service or the Website will be transmitted
accurately, reliably, in a timely manner or at all.
We do not give any warranty that the Service or the Website is free from
viruses or anything else which may have a harmful effect on any
technology.
PRICES
Prices for all products on this site include VAT.
PAYMENTS AND PROCESSES OF INVIOCES
SADDLE CREEK has the sole discretion to provide the terms of payment.
Unless otherwise agreed, payment must first be received by SADDLE CREEK
prior to the acceptance of a product order.
A payment confirmation will be sent to the customer once payment has
been made and an order confirmation will be sent to you once the order
has been processed.
An order may be invoiced separately. SADDLE CREEK has the discretion to
cancel or deny orders without any reason being provided to the Customer.
SADDLE CREEK is not responsible for pricing, typographical or other
related errors in any offer by SADDLE CREEK and reserves the right to
cancel any orders arising from such errors.
Online Payments: MyGate Payment Gateway
All online payments are processed by the MyGate Payment Gateway. Consumers may go to www.mygate.co.za to view MyGate’s security policies.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full
retail price listed on the product itself. We do not warrant that
product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. We reserve the right to
correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice. If a product offered in
our website is not as described, it is the customer’s responsibility to
query this with SADDLE CREEK via our contact details.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained
in this Agreement, at any time and in our sole discretion, by posting a
notice or a new agreement on our site. Your continued participation in
our program, visit and shopping in our site following our posting of a
change notice or new agreement on our site will constitute binding
acceptance of the change.
ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including
but not limited to rights covered by the Intellectual Property Rights,
in and to the site, and that you will not acquire any right, title or
interest in or to the Site except as expressly set forth in this
Agreement.
You will not modify, adapt, translate or prepare derivative works from,
decompile, reverse engineer, disassemble or otherwise attempt to derive
source code from any of our services, software, or documentation, or
create or attempt to create a substitute or similar service or product
through use of or access to the Program or proprietary information
related thereto.
THE CUSTOMER’S OBLIGATIONS
You warrant that all information provided during the course of this
Agreement is true, complete and accurate and that you will promptly
inform us of any changes.
It is your responsibility to ensure that any products, services or
information available through the Website or the Service meet your
specific requirements.
Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
to send or receive any material which is not civil or tasteful;
to send or receive any material which is threatening, grossly offensive,
of an indecent, obscene or menacing character, blasphemous or
defamatory of any person, in contempt of court or in breach of
confidence, copyright, rights of personality, publicity or privacy or
any other third party rights;
to send or receive any material for which you have not obtained all
necessary licences and/or approvals (from us or third parties); or which
constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the
law of or infringe the rights of any third party in any country in the
world;
to send or receive any material which is technically harmful (including
computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data);
to cause annoyance, inconvenience or needless anxiety;
to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
for a purpose other than which we have designed them or intended them to be used;
for any fraudulent purpose;
other than in conformance with accepted Internet practices and practices of any connected networks; or
in any way which is calculated to incite hatred against any ethnic,
religious or any other minority or is otherwise calculated to adversely
affect any individual, group or entity.
The following uses of the Service (and Website) are expressly prohibited
and you undertake not to do (or to permit anyone else to do) any of the
following:
furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
attempting to circumvent our security or network including accessing
data not intended for you, logging into a server or account you are not
expressly authorised to access, or probing the security of other
networks (such as running a port scan);
executing any form of network monitoring which will intercept data not intended for you;
sending unsolicited mail messages, including the sending of "junk mail"
or other advertising material to individuals who did not specifically
request such material. You are explicitly prohibited from sending
unsolicited bulk mail messages. This includes bulk mailing of commercial
advertising, promotional, or informational announcements, and political
or religious tracts. Such material may only be sent to those who have
explicitly requested it. If a recipient asks to stop receiving email of
this nature, you may not send that person any further email;
creating or forwarding "chain letters" or other "pyramid schemes" of any
type, whether or not the recipient wishes to receive such mailings;
sending malicious email, including flooding a user or site with very large or numerous emails;
entering into fraudulent interactions or transactions with us or a
Supplier (which shall include entering into interactions or transactions
purportedly on behalf of a third party where you have no authority to
bind that third party or you are pretending to be a third party);
engage in any conduct which, in our exclusive reasonable opinion,
restricts or inhibits any other customer from properly using or enjoying
the Website and Service.
FRAUD
Fraudulent activities are highly monitored in our site and if fraud is
detected SADDLE CREEK shall utilise all remedies available to us to
prevent or stop such fraud and shall pursue legal action against the
fraudulent customer/s and you shall be responsible for all costs and
legal fees arising from these fraudulent activities.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and/or from our
clients, advertisers and suppliers. All information submitted to us by
an end-user customer pursuant to a Program is proprietary information of
SADDLE CREEK.
Such customer information is confidential and may not be disclosed. The
publisher agrees not to reproduce, disseminate, sell, distribute or
commercially exploit any such proprietary information in any manner.
NON-WAIVER
Failure of SADDLE CREEK to insist upon strict performance of any of the
terms, conditions and covenants hereof shall not be deemed a
relinquishment or waiver of any rights or remedy that the we may have,
nor shall it be construed as a waiver of any subsequent breach of the
terms, conditions or covenants hereof, which terms, conditions and
covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be
deemed a waiver of any subsequent or prior breach of the same or any
other provision.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the
substantive laws of South Africa, without any reference to
conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the
parties out of, in relation to or in connection with this Agreement is
hereby irrevocably submitted to the exclusive jurisdiction of the courts
of South Africa, to the exclusion of any other courts without giving
effect to its conflict of law’s provisions or your actual state or
country of residence.
The entire agreement between the parties with respect to the subject
matter hereof is embodied on this agreement and no other agreement
relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to
anybody, and any such attempt may result in termination of this
Agreement, without liability to us. However, we may assign this
Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found
invalid or unenforceable pursuant to any judicial decree or decision,
such provision shall be deemed to apply only to the maximum extent
permitted by law, and the remainder of these Terms and Conditions shall
remain valid and enforceable according to its terms.
If any provision of this Agreement is held to be unlawful, invalid or
unenforceable, that provision shall be deemed severed and where capable
the validity and enforceability of the remaining provisions of this
agreement shall not be affected.
Except as expressly stated in this Agreement, all warranties, conditions
and other terms, whether express or implied, by statute, common law or
otherwise are hereby excluded to the fullest extent permitted by law.
This Agreement (and our Privacy Policy) contains all the terms agreed
between the parties regarding its subject matter and supersedes and
excludes any prior agreement, understanding or arrangement between the
parties, whether oral or in writing. No representation, undertaking or
promise shall be taken to have been given or be implied from anything
said or written in negotiations between the parties prior to this
Agreement except as expressly stated in this Agreement.
Neither party shall have any remedy in respect of any untrue statement
made by the other upon which that party relied in entering into this
Agreement (unless such untrue statement was made fraudulently or was as
to a matter fundamental to a party’s ability to perform this Agreement)
and that party’s only remedies shall be for breach of contract as
provided in this Agreement. However, the Service is provided to you
under our operating rules, policies, and procedures as published from
time to time on the Website.
OUTBOUND LINKS
The website may contain links to third-party websites and resources
(“linked sites”). These linked sites are provided solely as a
convenience to you and not as an endorsement by SADDLE CREEK. SADDLE
CREEK makes no representations or warranties regarding the availability,
correctness, accuracy, performance or quality of the linked site or any
content, software, service or application found at any linked site.
SADDLE CREEK may receive payments and/or commissions from operators of
linked sites in relation to goods or services supplied by the operator
as a result of you linking to the third party website from the SADDLE
CREEK website.
INBOUND LINKS
SADDLE CREEK encourages and agrees to your linking to the Home page
through a plain text link on your website or any other page or social
networking website without the need for agreement between yourself and
SADDLE CREEK.
LIMITATION OF LIABILITY
If SADDLE CREEK is found responsible for any damages, SADDLE CREEK is
responsible for actual damages suffered only and only such damages that
were suffered as a direct result of SADDLE CREEK’s conduct or
negligence. In no event shall SADDLE CREEK be liable for any incidental,
indirect, exemplary, punitive and/or consequential damages, lost
profits, or damages resulting from lost data or business interruption
resulting from the use of or inability to use the website.
You shall indemnify us against each loss, liability or cost incurred by us arising out of:
any claims or legal proceedings which are brought or threatened against
us by any person arising from your use of the Service or Website, the
purchasing of a product, the use of the Service or Website through your
password or any breach of this Agreement by you. These losses include
but are not limited to loss of revenue, loss of actual or anticipated
profits, loss of contracts, loss of the use of money, loss of
anticipated savings, loss of business, loss of opportunity, loss of good
will, loss of reputation, loss of damage to or corruption of data; or
any indirect or consequential loss.
GENERAL CONDITIONS OF SALE
The following Conditions of Sale shall apply to any product sold on this
website. These Conditions of Sale constitute a complete and exclusive
statement of the agreement and understanding between you and SADDLE
CREEK with respect to the subject matter hereof.
a. The products offered under this Agreement shall be of normal quality.
b. The products available on the website for sale under these Conditions
of Sale are only available for sale to individuals who can make legally
binding contracts. The products are not available to persons under the
age of 18 years nor any other person legally prohibited from entering
into a binding contract. By placing your order you are verifying to
SADDLE CREEK that you are able to make a legally binding contract.
c. Your order is an offer by you to purchase a particular product for
the price specified on the website at the time of offer and shall be
understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and you are
required within reason to revisit these before placing your order to
ensure that these Conditions of Sale have not changed.
e. SADDLE CREEK reserves the right to accept or reject your offer for
any reason, including, without limitation, an error in the product
description or an error in your order. Your contract with SADDLE CREEK
only comes into existence when SADDLE CREEK forwards you an email
containing a receipt of your order in the form of the "Payment
confirmation" and "Order confirmation" containing your payment details
and order details.
f. This contract shall be governed by and construed in accordance with
the law in effect in South Africa and by entering into contract both
parties are accepting the jurisdiction of the courts of South Africa in
relation to any dispute between them.
g. You are required to inspect the goods immediately upon collection.
h. Ownership and property in the goods supplied/delivered shall pass
from the store to you when SADDLE CREEK accepts payment. Risk passes to
you upon collection of your product.
i. You assume all risks and liabilities for consequences arising from
the use of the goods whether singly or in combination with other goods
and indemnify SADDLE CREEK in respect of any such use. SADDLE CREEK is
not liable for any infringement of patent rights arising out of the use
of such goods by you or your instructions, expressed or implied, and it
is your responsibility of to ensure that the goods when used by you are
not damaged and no liability will be accepted by SADDLE CREEK for the
consequences of the use of damaged goods by you.
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