TERMS
OF USE OF WWW.ROCKSTARTHREADS.CO.ZA
PLEASE READ THE
FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE. BY
USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
PART A: GENERAL
x. COPYRIGHT
x.1 All
rights not expressly stated herein remain reserved.
x.2 The content and software
on this website may be used as a shopping resource only. Any other use,
including the reproduction, modification, distribution, transmission,
republication, display or performance of the content of this website is
strictly prohibited, without the express written consent of ROCK STAR THREADS (ÒRSTÓ).
x.3 Limited permission is
granted to copy and print in hard copy the material contained on this website.
Users may download, view and print content from this website for the purposes
of placing an order with ROCK STAR THREADS
x.4
All content,
trademarks, service marks, company names, logos and data on this website,
including but not limited to, software, databases, text, graphics, video clips,
icons, hyperlinks, private information, designs and agreements and other
materials provided on www.ROCKSTARTHREADS.co.za, are the property of, or
licensed to ROCK STAR THREADS and as such protected by law and have specific
copyrights which are owned or controlled by ROCK STAR THREADS, its vendors,
suppliers and or licensors. As such, they are protected from infringement by
local and international legislation and treaties.
x.5 The ROCK STAR THREADS
name, trademark and other materials as well as other trademarks or materials on
this website may not be used in connection with any product or service in any
manner that is likely to cause confusion among consumers or in any manner that
disparages or discredits ROCK STAR THREADS.
x.6 ROCK
STAR THREADS cannot screen or edit all the content available from the www.ROCKSTARTHREADS.co.za
site and does not accept any liability for illegal, defamatory or obscene
content. Users are encouraged to inform ROCK STAR THREADS of any content that
may be offensive or illegal.
x. HYPERLINKS, FRAMING, SPIDERS &
CRAWLWERS
x.1 No
person, business or website may link to any page on this website without the
prior written permission of ROCK STAR THREADS.
x.2 No person,
business or website may frame this website or any of the pages on this website
in any way whatsoever.
x.3 No
person, business or website may use any technology to search and gain any
information from this website without the prior written permission of ROCK STAR
THREADS.
x.
DISCLAIMER & LIABILITY RELEASE
x.1 The sale of any product
on www.ROCKSTARTHREADS.co.za is expressly conditional on acceptance of the
terms of use as set out herein.
x.2
Apart from the
provisions of sections 43(5) and 43(6) of the Electronic Communications and
Transactions Act, No 25 of 2002, neither ROCK STAR THREADS 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.
x.3 ROCK STAR THREADS 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. Users are
encouraged to report any possible malfunctions and errors to the administrator
of the website.
x.4 This website is supplied on
an "as is" basis and has not been compiled or supplied to meet the
user's individual requirements. It is the sole responsibility of the user to
satisfy itself prior to entering into this agreement with ROCK STAR THREADS
that the service available from and through this website will meet the user's
individual requirements and be compatible with the user's hardware and/or
software.
x.5 Information, ideas and
opinions expressed on this website should not be regarded as professional
advice or the official opinion of ROCK STAR THREADS and users are encouraged to
consult professional advice before taking any course of action related to
information, ideas or opinions expressed on this website.
x.6 All items purchased from ROCK
STAR THREADS are made pursuant to agreements with shipping, forwarding,
clearing and delivery agents and risk of loss passes from ROCK STAR THREADS to
such agents upon delivery of any item to such carrier.
x.7
Neither ROCK STAR THREADS nor any of its agents or
representatives shall be liable for any damage or loss of whatsoever nature
arising from the use or inability to use any material, information, service or
product sold on this website.
x. AGREEMENTS OF SALE
x.1 The receipt of any
e-mail orders does not constitute acceptance of an order or a confirmation of
an offer to sell, nor an agreement of purchase and sale between ROCK STAR
THREADS and the customer.
x.2 An
agreement of sale between ROCK STAR THREADS and a user only comes into effect
if and when:
x.2.1 A credit
card authorisation is received from the issuing bank; or
x.2.2 A deposit of an electronic transfer is
reflected in ROCK STAR THREADSÕ bank
account
(and only if such payment is received within 5 (five) business days after
completion of the purchase cycle); or
x.2.3 A direct deposit is reflected in ROCK STAR
THREADSÕ bank account and the funds have been cleared (and only if such payment
is received within 5 (five) business days after completion of the purchase
cycle)
x.2.4 and the user receives an e-mail confirming the order.
The user will receive another e-mail containing a reference number once the
order has been processed and dispatched.
x.3 Verification of
information may be required prior to the acceptance of any order.
x.4 ROCK STAR THREADS
reserves the right to, without prior notification, to limit the order quantity
of any item and / or refuse service to any user.
x.5 ROCK
STAR THREADS reserves the right to refuse to accept and/or execute an order
without giving any reasons.
x.6 ROCK STAR THREADS also
reserves the right to cancel orders in whole or in part as circumstances
dictate. ROCK STAR THREADS shall only be liable to refund monies already paid
by the user.
x.7 ROCK
STAR THREADS shall take all reasonable efforts to maintain correct prices.
However, should errors occur and items are offered at incorrect prices, ROCK
STAR THREADS will not be obliged to sell these items at such incorrect prices
and shall only be liable to refund monies already paid.
X.8 In the event that
an item is listed at an incorrect price due to typographical error or error in
price information received from suppliers, ROCK STAR THREADS shall have the
right to refuse or cancel any such orders placed for the item listed at the
incorrect price.
x.9 ROCK STAR THREADS shall
have the right to refuse and / or cancel any such orders whether or not the
order has bee confirmed and the price paid. In such a case, ROCK STAR THREADS
shall only be liable to refund monies already paid.
x. SPECIAL OFFERS
x.1 ROCK
STAR THREADS shall not be liable for the sale of items at lower prices if such
prices were increased and users could not, for any reason whatsoever, conclude
an agreement of sale while such prices remained low or were offered on special.
x.2 If
ROCK STAR THREADS supplies the wrong item or if the item is in any way faulty
or damaged, ROCK STAR THREADS will exchange it for the correct one. However, if
the product is no longer being offered at the special price, it will not be
replaced and ROCK STAR THREADS will refund the purchase price including
delivery costs.
X.30 DAY PRICE GUARANTEE
x.1 Should the user find any
identical product on www.ROCKSTARTHREADS.co.za advertised elsewhere that is in
stock and at a lower price, ROCK STAR THREADS will discount that price by 10%
of the difference for up to 30 days after the purchase.
x.2 In such a case, the user
is required to send an e-mail with the name of the supplier, product and price
at which it is being advertised. ROCK STAR THREADS will verify the information
supplied.
x.3 If the user has already
received the order, ROCK STAR THREADS will credit the difference. If the user
has not yet placed an order on www.ROCKSTARTHREADS.co.za, the price will be
adjusted accordingly.
x. STOCK AVAILABILITY
x.1 Stocks of all items on offer are
limited. ROCK STAR THREADS shall take all reasonable efforts to
discontinue the offer as soon as stock is no longer available. However, should
items still be offered after stocks are sold, ROCK STAR THREADS will only be
liable to refund monies if it is unable to fulfil the orders at the advertised price.
PART B: PURCHASE AND
SALE POLICY
x.COSTS
x.1 Prices
The price of each item
is displayed with the item. In the event of a sale or special offer, the
discounted price is displayed.
x.2
Shipping
Costs
The user will be liable
for any shipping, clearing, forwarding or delivery charges at the rate quoted
for at the time that the sale agreement is entered into as displayed on the website.
x.3 VAT
x.3.1 Value added tax (ÒVATÓ)
at the rate of 14% is charged on items bought within South Africa which will be
treated as a domestic order.
x.3.2 VAT will be charged at the rate of 0% on
all items bought outside South Africa which will be treated as an international
order
x.4I mport Duties
Import duties may be
payable by recipients of goods in foreign countries. ROCK STAR THREADS does not
know what levies may be payable and cannot calculate or estimate such costs.
x. PAYMENT METHODS
x.1
Credit card
payments
x.1.1 At the
time of placing the order, the transaction details are presented to the bank
and an authorization is obtained for the amount of the order.
x.1.2 Payment is only collected when the order
is completed and the goods shipped.
x.1.3 Note that to protect its own and the
interests of users, ROCK STAR THREADS scrutinizes all transactions very carefully
to prevent attempted fraud and a transaction may be refused if ROCK STAR
THREADS is not satisfied with it's legitimacy.
x.2
Bank deposit
payments
x.2.1 If the buyer chooses to
order via the 'mailorder' section, instructions will be given on how to deposit
monies into the ROCK STAR THREADS bank account and will be subject to the
following rules:
x.2.2 The exact amount must be
paid
x.2.3 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.
x.2.4 No transfers may be made
from ATM's.
x.2.5 No bank deposits are accepted from
outside the borders of South Africa.
x.2.6 Unpaid
bank deposit orders are cancelled after five business days.
x.MAIL ORDERS
x.1 The information page
will open up asking for relevant details so that ROCK STAR THREADS Customer
Care can contact the user regarding the mail order.
x. DELIVERIES
x.1
Inside the
borders of South Africa
x.1.1 Estimated delivery time:
2 – 3 days. Should this differ due to whatever reason the customer will
be notified at the time of packaging.
x.1.2 IMPORTANT: IF ITEMS WITH DIFFERENT DELIVERY TIMES ARE
ORDERED TOGETHER, THE ITEM WITH THE LONGEST DELIVERY TIME WILL DETERMINE THE
DELIVERY TIME OF ALL THE ITEMS IN THE ORDER.
x.2
Outside the
borders of South Africa
x.2.1 Estimated delivery time: 4 – 6 weeks
x.3 Delays
and cancellations
x.3.1 ROCK STAR THREADS makes
every effort to ensure that the information supplied on the website is accurate.
Where delays and out of stock situations occur, every effort will be made to
inform the user.
x.GUARANTEE
x.1 If ROCK
STAR THREADS supplies the wrong item or if the item is in any way damaged or
faulty as a result of a manufacturing defect, ROCK STAR THREADS will exchange
it for the correct one within 14 (fourteen) days of receipt by the user. ROCK
STAR THREADS will make a reasonable effort to exchange the item, but if
replacement is not possible, ROCK STAR THREADS will refund the purchase price
including delivery costs. Please note that items are not guaranteed against
faults resulting from normal wear and tear.
x.2. Special
offers: If ROCK STAR THREADS supplies the wrong item or if the item is in any
way faulty or damaged, ROCK STAR THREADS will exchange it for the correct one.
However, if the item is no longer being offered at the special price, it will
not be replaced and ROCK STAR THREADS will refund the userÕs purchase price
including delivery costs.
x.3.
If the user is not
satisfied with his/her choice and the item is still in a brand new condition,
the user may return it within 14 (fourteen) days of receipt by the user and ROCK
STAR THREADS will refund the purchase price (excluding delivery costs). No item
costing more than R500 will be accepted as a return under this provision.
X.RETURNS AND EXCHANGES
x.1 Returns or exchanges
will be accepted up to 30 days from date of invoice.
x.2 All items must be unused
and in their original packaging which includes but is not limited to the
following conditions:
x.2.1 Clothing must be unwashed;
x.2.2 Videos must be unopened;
x.2.3
Shoes
must be in their original box and placed in another box for shipping. The original
box may not be taped as it is part of the packaging.
x.3 Prior to making any returns,
please contact ROCK STAR THREADS Customer Care to obtain authorization. NO RETURNS WILL BE ACCEPTED WITHOUT
AUTHORISATION.
x.4 The return / exchange
procedure is as follows:
x.4.1 contact ROCK STAR
THREADS Customer Care to obtain a return / exchange authorization number;
x.4.2 a return / exchange form
will be forwarded to the user, which must be completed in full;
x.4.3 the return / exchange
form as well as the original receipt or invoice must accompany the userÕs
return / exchange;
x.4.4 the userÕs address must
be provided on the outside of the box;
x.4.5 the return / exchange
item shall be returned to the following address:
ROCK STAR THREADS Distribution, Unit 36, Block 3a, Aureole
St, Northgate
office park, 2155, Gauteng, South Africa;
x.4.6 all returns / exchanges
must be sent via an established courier company that provides insurance and
issues a tracking number. This is to protect the user should the package get
lost in transit;
x.4.7 if payment was made by
credit card, the userÕs credit card will be refunded. If payment was made by
bank transfer, ROCK STAR THREADS will only refund monies once the funds have
been cleared and it is determined that ROCK STAR THREADS is unable to replace
the items.
X. SECURE ONLINE
ORDERING
x.1 All transactions made on
the www.ROCKSTARTHREADS.co.za website are completed on a secure server. In
secure mode, the userÕs computer and the ROCK STAR THREADS server communicate
by sending data back and forth in a secure encrypted format. The encryption
features for browser software are of the latest in encryption security
technology and ensure the security of the data that is transmitted to the
server.
x.2 All of the
details that you the user enter when purchasing an item will be stored on a
secure server hosted by First National Bank, through whom the transactions are
made. This allows a secure platform thereby preventing fraudulent activity.
x.3 A browser in secure mode
will display a URL address beginning Òhttps://Ò as opposed to the standard
Òhttp://Ò. The ÒsÓ stands for secure.
x.4 In Netscape Navigator TM
(version 3.0 or earlier), the broken key symbol in the lower left corner of
your browser window will become a solid key in secure mode.
x.5 If you are using
Netscape Communicator 4.0 TM or higher, look for the padlock in the same space:
it is open in standard made and closed in a secure mode.
x.6 In Microsoft Internet
Explorer TM, look for a padlock symbol at the bottom of the browser window when
the browser is in secure mode.
x. SECURITY
x.1 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
criminally prosecuted and civil damages shall be claimed in the event that ROCK
STAR THREADS suffers any damage or loss.
x.2 The
user agrees and warrants that its log-in name and password shall:
x.2.1 be used for personal use only; and
x.2.2 not be disclosed to any third party.
x.3 The
user allows ROCK STAR THREADS to take all reasonable steps to ensure the
integrity and security of the ROCK STAR THREADS website and back-office
applications.
x.4 All
credit card transactions are secure socket layers encrypted. The company
registration documents and the site's registered domain name are checked and
verified by Thawte.
x. CHANGES TO AGREEMENT
ROCK STAR THREADS may,
in its sole discretion, change this agreement or any part thereof at any time
without notice. Any such changes will be published on the website.
x. TERM AND TERMINATION
This agreement shall
commence when the user registers on the ROCK STAR THREADS website and continues
indefinitely until terminated by ROCK STAR THREADS in terms of any provision
set out herein.
PART C: COMPLIANCE WITH
ECT ACT 25 OF 2002
x.
ELECTRONIC COMMUNICATIONS
x.1
When a user
visits www.ROCKSTARTHREADS.co.za or sends e-mails to ROCK STAR THREADS, that
user consents to receiving communications from ROCK STAR THREADS electronically
and agrees that all agreements, notices, disclosures and other communications
sent by ROCK STAR THREADS satisfies any legal requirements, including but not
limited, to the requirement that such communications should be "in
writing".
x.2 A COPY OF THE ELECTRONIC COMMUNICATIONS AND
TRANSACTION ACT, 25 OF 2002 MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
x. GENERAL INFORMATION
|
COMPANY NAME |
ROCK STAR THREADS |
|
REGISTRATION NUMBER: |
|
|
ADDRESS |
Unit 36, Block 3a, Aureole St, Northgate
office park,
2155, Gauteng, South Africa |
|
CONTACT NUMBERS |
(011) 462 - 1967 |
|
E-MAIL ADDRESS |
|
|
WEB-SITE ADDRESS |
www.ROCKSTARTHREADS.co.za |
|
DIRECTORS |
Peter Vee |
X. DISPUTES
X.1
In the event of any dispute of any nature whatsoever
arising between the parties on any matter provided for in, or arising out of
this agreement, and not resolved through ROCK STAR THREADS Customer Care, then
such a dispute shall be submitted to confidential arbitration in terms of the
expedited rules of the Arbitration Foundation of South Africa. Arbitration
proceedings shall be conducted in Johannesburg in English. The arbitration
rules may be downloaded from:
http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.
PART D: PRIVACY POLICY
X. PRIVACY
x.1 ROCK
STAR THREADS shall take all reasonable steps to protect the personal
information of users. For the purpose of this clause, "personal
information" shall be defined as detailed in the Promotion of Access to
Information Act 2 of 2000 (ÒPAIAÓ). The PAIA may be downloaded from:
http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
x.2 ROCK STAR THREADS may
electronically collect, store and use the following personal information of
users:
x.2.1 name and surname;
x.2.2 birth date;
x.2.3 gender;
x.2.4 country of residence;
x.2.5 closest city;
x.2.6 non-personal browsing habits and click
patterns;
x.2.7 e-mail address; and
x.2.8 IP address.
x.3 ROCK
STAR THREADS collects, stores and uses the abovementioned information for he
following purposes:
x.3.1 to
greet the user when he/she accesses the www.ROCKSTARTHREADS.co.za website;
x.3.2 subject to the user's consent, inform
the user of facts relating to his/her access and use of the www.ROCKSTARTHREADS.co.za
website;
x.3.3 subject to the user's consent, inform
the user about competitions and special offers from www.ROCKSTARTHREADS.co.za and/or
its partners / affiliates;
x.3.4 to compile non-personal statistical
information about browsing habits, click-patterns and access to
www.rockstarthreads.co.za website.
x.4 Information
detailed above is collected either electronically by using cookies or is
provided voluntarily by the user. Users may determine cookie use independently
through their browser settings.
x.5 The user may elect not to receive any
communications from www.ROCKSTARTHREADS.co.za and/or its partners / affiliates.
x.6 ROCK
STAR THREADS may collect, maintain, save, compile, share, disclose and sell any
information collected from users, subject to the following provisions:
x.6.1 ROCK STAR THREADS shall
not disclose personal information from users unless the user consents thereto;
x.6.2 ROCK STAR THREADS shall
not disclose information without the user's consent unless compelled to do so
through due legal process; and
x.6.3 ROCK STAR THREADS may compile, use and
share any information that does not relate to any specific individual.
x.7 ROCK STAR THREADS owns and retains
all rights to non-personal statistical
information
collected and compiled by ROCK STAR THREADS.