TERMS AND CONDITIONS
• These Terms and Conditions( Hereinafter “Terms and Conditions” or “Terms”), shall apply whenever any person (hereinafter “the user”) accesses this site and shall also apply to all orders submitted and or processed whether complete or not by a user with FLippers Za (Pty) Ltd 2021/514316/07 (hereinafter “Flippers”) for the sale and/or supply of products on our online shop, which can be accessed on this website www.Flippers.co.za (URL LINK)(hereinafter the “Site”).
• Therefore, when a user accesses the site, submits an order to Flippers, gives any delivery instruction or accepts delivery of any products or collects any products this shall constitute the user’s unqualified acceptance of these Terms and Conditions and policies referenced on the site and therefore the user is urged to read through the Terms and Conditions attentively before accessing the site.
• These Terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms and Conditions apply whether or not the user has read and considered them and should the user not read through them same is done at the user’s own risk.
• The headings used in these Terms and Conditions are included for convenience only and will not have any bearing on the interpretation of or definitions of the Terms contained herein. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females.
• Any new features or tools which are added to the current site at any future point shall also be subject to these Terms. • Flippers reserves the right to amend/delete/update or replace these terms and conditions, at its sole discretion, from time to time, without notice to the user and the responsibility lies on the user to find out whether any changes have been affected. • Flippers reserves the right to refuse to offer any services and/or products to any person (natural or juristic) for whatever reason and at any time at its sole discretion.
• The user hereby agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of any of the content contained on this site as well as any of the Services or Products offered by Flippers without the express written permission of Flippers. • Users are advised that Flippers may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include, but are not limited to, orders placed by or under the same user account, the same credit card details, and/or orders that use the same billing and/or shipping/ delivery address.
• Flippers reserves the right to limit or prohibit orders that, in using its sole discretion, appear to be placed by dealers, resellers, or distributors.
• The person acting as a user in accessing the website warrants and undertakes that he/she has the legal capacity to/ is able to/duly authorized to consent to these provisions and/or that he or she has attained the age of majority and/or should the user be a minor that he or she has obtained his or her guardian’s consent to use this site.
• The user warrants that he or she has read the provisions of the Terms and Conditions and that he or she accepts and fully understands the provisions thereof including, without limitation, those provisions printed on other parts of the site. • Flippers does not permit the use of its products and/or services for any illegal or unauthorized purpose. • A breach or violation of any of the Terms will result in an immediate termination of the user’s access to the site and potentially in legal action being taken against the user.
Information On the Site
• The information on this site is subject to change and may not always be accurate and up to date, therefore such information should not be relied upon or used as the sole basis for the user in making his or her decision to purchase a product or utilize a service and therefore any reliance on the information contained on this site is at the user’s own risk.
• It is the sole responsibility of the user to ensure that he or she keeps abreast of any changes which are made to the site and Flippers reserves the right to replace, amend, delete or to modify in any manner any information and/or content contained on the site. • The user is advised that Flippers is under no obligation to update any information on the site and Flippers will therefore not be liable for any prejudice suffered as a result of a user’s reliance on incorrect/outdated information contained on the site.
• The prices displayed on the site are displayed in South African Rands, which is valid and effective only in relation to supply in South Africa.
• Full payment of the price and delivery charges (where applicable) are required before products will be delivered and/or may be collected. All products and services therefore remains the property of Flippers until payment is received in full.
• Credit and debit card payments as well as EFT payments will be accepted.
• For purposes of EFT payment our bank account details are as follows:
Account Name Flippers ZA
Branch Code: 250655
Account Number: 62900522229
• In the case of EFT payments, proof of payment must be forwarded to _Neil@flippersza.com and the user is requested to allow Flippers three (3) business days for the receipt of the funds to be reflected in the business account. The product will only be released for collection and/or delivery once it has been confirmed that the funds have been received in full.
• Be advised that it is the user’s responsibility to ensure that all the relevant information is correct when effecting an EFT payment for any product or service and that Flippers will bear no liability should an EFT be affected into the wrong account. The user is hereby warned that in this situation no product or service will be delivered. The user is advised that should payment be affected by any fraudulent third parties, Flippers will not be liable for any loss or damages suffered by the user and therefore no refund will be processed in this situation.
• The user is advised to keep record of all invoices as proof of purchase as no returns, exchanges or refunds will be considered and/or effected without an invoice.
• The user is hereby advised that Prices are subject to change without notice at the sole discretion of Flippers. • Flippers reserves its right to, at any time, modify and/or discontinue any service or product without notice and liability in this regard of Flippers toward the user or any party is specifically excluded by this agreement.
Products or Services, No Guarantees
• Notwithstanding the provisions contained in the Refund Policy, the user confirms that he or she understands that Flippers may have limited quantities of certain products and should it materialize that a user, after obtaining a product, wishes to return the product in order to have it replaced with the same kind of product for whatever reason, Flippers cannot guarantee that it will still have such product in stock/ that Flippers has not discontinued the product at that point in time.
• The images on the site have been taken to display the colors and images of Flipper’s products as accurately as possible, however, the user’s electronic device’s display of any color or image may not be accurate and Flippers will bear no liability in this regard. • Flippers does not warrant the quality of any products, service, information, or other items purchased by the user. • Flippers undertakes no obligation to update, amend or clarify any pricing or product information on the site except as required by law.
Accuracy of Billing and Account Information
• In utilizing any service or purchasing any product the user agrees to provide current, complete, and accurate information and the user agrees to update his or her account and all other relevant information, including his or her contact and card details as soon as reasonably possible should such details change.
• In the event that the user suffers any prejudice, loss or damage as a result of not informing Flippers of such changes to the aforementioned particulars of the User, Flippers will bear no liability for such prejudice, loss or damage.
Third Party Tools, Platforms and Websites
• Be advised that Flippers may provide the user with access to third-party tools/ links to third-party websites over which Flippers has no control nor input, further any recommendation by Flippers of any third-party tool, system or website is based on second-hand reviews and feedback and Flippers does not in any manner or form endorse/ is not affiliated with such third-party platforms and therefore cannot warrant the quality of service which will be provided through such platforms. The liability rests on the user to satisfy himself or herself as to the legitimacy/ quality offered by such platforms and/or tools the before utilizing them.
• Flippers shall incur no liability whatsoever arising from or relating to the users use of third-party tools, websites or platforms and the responsibility and risk lies on the user to ensure that he/she is satisfied and/or familiar with/ approves of the terms on which tools are provided by the relevant third-party providers/platforms.
• Take further notice that any contract, agreement and undertakings between the user and such third-party platforms do not in any manner include Flippers and Flippers hereby expressly excludes itself from any liability arising therefrom.
• Take further notice that this agreement operates strictly between the user and Flippers is in no way connected to any relationship formed between the user and any third-party platform.
• Flippers will not be liable, in any manner, for any harm or damages suffered by the user or any other party in relation to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party platforms, providers, or websites.
User’s Online Profile and Personal Information
• In order to utilize the online platform, the user will be required to create a user profile which includes the use of a username and password the entry of which will be requested of the user each and every time an item if purchased from the online store, it is the
sole responsibility of the user to keep his or her username and password private. Flippers cannot guarantee that the user’s profile will not be accessed by another party acting in mala-fide and therefore accepts no liability for any damages or losses that the user may suffer from such unauthorized use of his or her profile.
• When the user enters his or her personal information to access the website and/or to purchase goods he or she understands that in doing so he/she is giving Flippers consent to collect and process his or her personal information, which is necessary to allow Flippers to create and manage the user’s account, process payments and orders as well as for communication and delivery purposes. If the user does not wish for Flippers to collect and/or process his/her personal information, he/she should not register on and/or utilize this site as Flippers will not be able to provide the user with any products given the online nature of the store.
• The user understands that his or her content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices.
• The user is required to refer to Flipper’s Privacy Statement for more information.
• Notwithstanding any other provision contained in these Terms and Conditions the user is prohibited from using the site or its content for any of the following purposes:
• any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to perform any cyber offences including to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• in order to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Limitation of Liability and Indemnity
• Under no circumstances shall Flippers nor its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, even foreseeable, or if Flippers has been advised of the possibility of such losses and damages, including, but not limited to, loss of business opportunities or loss of profits howsoever arising whether based on a claim in contract, delict (including negligence), breach of statutory duty or other duty strict liability or otherwise, arising from the user’s use of any of the services or any products procured using Flipper’s site, services or products, or for any other claim related in any way to the user’s use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via any service offered, even if advised of the possibility of same occurring.
• Should, for whatever reason, the complete exclusion or limitation of liability for consequential or incidental damages not be permitted, then and in that event Flipper’s liability shall be limited to the maximum extent permitted by law.
• The user hereby agrees to indemnify, defend and hold harmless Flipper and any of its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the user’s breach of these Terms and Conditions or the documents they incorporate by reference or the user’s violation of any law or the rights of a third-party.
• In the event of any dispute arising out of or relating to this agreement between any party and Flippers. • The user shall be liable for all legal expenses on an Attorney-Client scale of any Attorney and/or Counsel incurred by Flippers in the event of any default by the suer or any litigation in regard to the validity and enforceability, other any other dispute arising out of this agreement/ these Terms and Conditions.
• The User will be liable for any collection or valuation fees incurred as a result of his or her breach of this agreement/ these Terms and Conditions.
• The User hereby agrees that Flippers shall not be liable to make payment of security to the satisfaction of the Court in terms of section 62 of the Magistrate’s Court Act, as amended.
• The submitting of this form/ accessing this website/purchasing of any product by the user constitutes the irrevocable consent to the jurisdiction of the Magistrates Court.
• In the case of the user owing funds to Flippers, for whatever reason, the user consents to default judgement being taken against him / her in terms of the section 58 of the Magistrates court act in the case of non-performance.
• Each clause or part of a clause in these Terms and Conditions is separate and severable from the rest of the agreement (unless severing would render the Terms and Conditions unlawful or it would not be reasonable to do so having regard to the price, the clause, or the Terms as a whole.)
• Should any clause or part thereof be unenforceable, it will not affect the enforceability of the rest of the terms and conditions (unless severing would render the Terms and Conditions unlawful or it would not be reasonable to do so having regard to the price, the clause, or the Terms as a whole).
Variation to Existing Terms and Conditions
• Flippers reserves the right to, in its sole discretion, change these Terms and Conditions/ this agreement or any part thereof at any time without notice to the user or any other party.
Governing Law, Whole Agreement and Not Waiver
• Any failure of Flippers to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision and therefore all of Flipper’s rights remain reserved.
• These Terms and Conditions and any other policies referred to or posted on this site or in respect to the services and products offered constitutes the whole agreement and/or understanding between the user and Flippers and same are what solely govern the relationship between the user and Flippers as well as the user’s use of the site and of any service and/or product offered by Flippers.
Card acquiring and security
• Card transactions will be acquired for ______ via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
• Customer details will be stored by __________ separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
• This website is governed by the laws of South Africa and Flippers chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of all processes, notice, or other documents or communication of whatsoever nature to be as follows:
• 54 Broadlands, Broadacres ,Fourways, Gauteng, 2021