TERMS OF USE OF WWW.BOOGALOOS.COM
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER
CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, 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.2The content and
software on this web site 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 web site is
strictly prohibited, without the express written consent of Boogaloos (Pty) Ltd
(“Boogaloos”).
x.3Limited permission is
granted to copy and print in hard copy the material contained on this web site.
Users may download, view and print content from this web site for the purposes
of placing an order with Boogaloos
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.boogaloos.com, are the property of, or licensed to
Boogaloos and as such protected by law and have specific copyrights which are
owned or controlled by Boogaloos, its vendors, suppliers and or licensors. As
such, they are protected from infringement by local and international
legislation and treaties.
x.5The Boogaloos name,
trademark and other materials as well as other trademarks or materials on this
web site 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 Boogaloos.
x.6 Boogaloos cannot
screen or edit all the content available from the www.boogaloos.com site and
does not accept any liability for illegal, defamatory or obscene content. Users
are encouraged to inform Boogaloos of any content that may be offensive or
illegal.
x. HYPERLINKS, FRAMING, SPIDERS
& CRAWLWERS
x.1 No person,
business or web site may link to any page on this web site without the prior
written permission of Boogaloos.
x.2 No
person, business or web site may frame this web site or any of the pages on
this web site in any way whatsoever.
x.3 No person, business
or web site may use any technology to search and gain any information from this
web site without the prior written permission of Boogaloos.
x. DISCLAIMER & LIABILITY
RELEASE
x.1The sale of any
product on www.boogaloos.com 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 Boogaloos 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 web
site or the services or content provided from and through this web site.
x.3 Boogaloos makes no
representations or warranties, implied or otherwise, that, amongst others, the
content and technology available from this web site 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 web site.
x.4 This web
site 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 Boogaloos that the service available from and through this web site 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 web site should not be regarded as
professional advice or the official opinion of Boogaloos and users are
encouraged to consult professional advice before taking any course of action
related to information, ideas or opinions expressed on this web site.
x.6 All items
purchased from Boogaloos are made pursuant to agreements with shipping,
forwarding, clearing and delivery agents and risk of loss passes from Boogaloos
to such agents upon delivery of any item to such carrier.
x.7 Neither
Boogaloos 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 web site.
x.8Skateboarding and
extreme sports can be a hazardous and inherently dangerous activity. The use of
skateboarding equipment and / or other extreme sport equipment purchased from
Boogaloos involves the risk of injury and death.
x.9 Poorly maintained
equipment, unfavourable weather conditions, drug and alcohol intake and
exceeding the limits of the user’s own ability can increase the risk of injury
and death.
BOOGALOOS STRONGLY RECOMMENDS THAT WHEN SKATING OR
PRACTICING ANY EXTREME SPORT, ONE SHOULD ALWAYS WEAR THE PROPER PROTECTIVE GEAR
INCLUDING HELMET, WRIST GUARDS, ELBOW PADS AND KNEE PADS. HOWEVER, BOOGALOOS
DOES NOT ACCEPT LIABILITY FOR ANY DEATH OR INJURY SUSTAINTED NOTWITHSTANDING
THE USE OF SUGGESTED PROTECTIVE GEAR.
x. AGREEMENTS OF
x.1The 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 Boogaloos and
the customer.
x.2 An agreement of
sale between Boogaloos 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 Boogaloos’ 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 Boogaloos’ 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.2.4and 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.3Verification of
information may be required prior to the acceptance of any order.
x.4Boogaloos reserves the
right to, without prior notification, to limit the order quantity of any item
and / or refuse service to any user.
x.5 Boogaloos reserves
the right to refuse to accept and/or execute an order without giving any
reasons.
x.6Boogaloos also
reserves the right to cancel orders in whole or in part as circumstances
dictate. Boogaloos shall only be liable to refund monies already paid by the
user.
x.7 Boogaloos shall
take all reasonable efforts to maintain correct prices. However, should errors
occur and items are offered at incorrect prices, Boogaloos will not be obliged
to sell these items at such incorrect prices and shall only be liable to refund
monies already paid.
X.8In the event
that an item is listed at an incorrect price due to typographical error or
error in price information received from suppliers, Boogaloos shall have the
right to refuse or cancel any such orders placed for the item listed at the
incorrect price.
x.9Boogaloos 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, Boogaloos shall only be
liable to refund monies already paid.
x.10Users can view or print
a full record of the transaction that is maintained for a period of twelve
months on the www.boogaloos.com web site.
x. SPECIAL OFFERS
x.1 Boogaloos
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 Boogaloos
supplies the wrong item or if the item is in any way faulty or damaged,
Boogaloos 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 Boogaloos will refund the purchase price
including delivery costs.
X.30 DAY PRICE GUARANTEE
x.1Should the user find
any identical product on www.boogaloos.com advertised elsewhere that is in
stock and at a lower price, Boogaloos will discount that price by 10% of the
difference for up to 30 days after the purchase.
x.2In 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. Boogaloos will verify the information
supplied.
x.3If the user has
already received the order, Boogaloos will credit the difference. If the user
has not yet placed an order on www.boogaloos.com, the price will be adjusted
accordingly.
x. STOCK AVAILABILITY
x.1 Stocks of
all items on offer are limited. Boogaloos 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, Boogaloos will only be
liable to refund monies if it is unable to fulfil the orders at the advertised price.
PART B: PURCHASE AND
x.COSTS
x.1Prices
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 web site.
x.3VAT
x.3.1Value added tax (“VAT”) at
the rate of 14% is charged on items bought within
x.3.2 VAT will be
charged at the rate of 0% on all items bought outside
x.4Import Duties
Import duties may be payable by recipients of goods in foreign
countries. Boogaloos 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, Boogaloos scrutinizes all transactions
very carefully to prevent attempted fraud and a transaction may be refused if Boogaloos
is not satisfied with it's legitimacy.
x.2 Bank deposit payments
x.2.1If the buyer selects the
'pay via bank deposit' button, instructions will be given on how to deposit
monies into the Boogaloos bank account and will be subject to the following
rules:
x.2.2The exact
amount must be paid
x.2.3The 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.2.4No transfers may be made from ATM's.
x.2.5 No
bank deposits are accepted from outside the borders of
x.2.6 Unpaid bank
deposit orders are cancelled after five business days.
x.MAIL ORDERS
x.1The information page
will open up asking for relevant details so that Boogaloos Customer Care can
contact the user regarding the mail order.
|
|
x. DELIVERIES
x.1 Inside the
borders of
x.1.1We
need their policy and/or estimated delivery time.
x.1.2IMPORTANT: 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
x.2.1We
need their policy and or estimated delivery time.
x.3Delays and cancellations
x.3.1Boogaloos makes
every effort to ensure that the information supplied on the web site is
accurate. Where delays and out of stock situations occur, every effort will be
made to inform the user.
x.GUARANTEE
x.1If Boogaloos
supplies the wrong item or if the item is in any way damaged or faulty as a
result of a manufacturing defect, Boogaloos will exchange it for the correct
one within 14 (fourteen) days of receipt by the user. Boogaloos will make a
reasonable effort to exchange the item, but if replacement is not possible, Boogaloos
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 Boogaloos
supplies the wrong item or if the item
is in any way faulty or damaged, Boogaloos 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 Boogaloos will refund the user’s 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 Boogaloos 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.1Returns or exchanges
will be accepted up to 30 days from date of invoice.
x.2All items must be
unused and in their original packaging which includes but is not limited to the
following conditions:
x.2.1clothing
must be unwashed;
x.2.2videos
must be unopened;
x.2.3shoes 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.3Prior to making any
returns, please contact Boogaloos Customer Care to obtain authorization. NO RETURNS WILL BE ACCEPTED WITHOUT
AUTHORISATION.
x.4The return / exchange
procedure is as follows:
x.4.1contact
Boogaloos Customer Care to obtain a return / exchange authorization number;
x.4.2a return /
exchange form will be forwarded to the user, which must be completed in full;
x.4.3the return /
exchange form as well as the original receipt or invoice must accompany the user’s
return / exchange;
x.4.4the
user’s address must be provided on the outside of the box;
x.4.5the return /
exchange item shall be returned to the following address:
Boogaloos Distribution, Unit E2, Route 24,
x.4.6all 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.4.7if payment
was made by credit card, the user’s credit card will be refunded. If payment
was made by bank transfer, Boogaloos will only refund monies once the funds
have been cleared and it is determined that Boogaloos is unable to replace the items.
X.SECURE
ONLINE ORDERING
x.1All transactions made
on the www.boogaloos.com web site are completed on a secure server. In secure
mode, the user’s computer and the Boogaloos 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.2All 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.3A browser in secure
mode will display a URL address beginning “https://“ as opposed to the standard
“http://“. The “s” stands for secure.
x.4In 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.5If 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.6In 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 web site or
attempts to gain unauthorised access to any page on this web site shall be criminally
prosecuted and civil damages shall be claimed in the event that Boogaloos 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 Boogaloos to take all reasonable steps to ensure the integrity and
security of the Boogaloos web site 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
Boogaloos 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 web site.
x. TERM AND
TERMINATION
This agreement shall commence when the user registers on the
Boogaloos web site and continues indefinitely until terminated by Boogaloos 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.boogaloos.com or sends e-mails to Boogaloos, that user
consents to receiving communications from Boogaloos electronically and agrees
that all agreements, notices, disclosures and other communications sent by
Boogaloos satisfies any legal requirements, including but not limited, to the requirement
that such communications should be "in writing".
x.2A 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 |
Boogaloos
(Proprietary) Limited |
|
REGISTRATION
NUMBER: |
|
|
ADDRESS |
Boogaloos Distribution, 92 Angus Crescent, |
|
CONTACT NUMBERS |
(011) 608 - 1101/1485/1512/1828 |
|
E-MAIL ADDRESS |
|
|
WEB-SITE ADDRESS |
www.boogaloos.com |
|
DIRECTORS |
Mark Benjamin
Powell, Gavin Peter Powell |
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 Boogaloos 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
X.CODE OF
CONDUCT
To get info
PART D: PRIVACY POLICY
X. PRIVACY
x.1 Boogaloos 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 (“PAIA”). The
PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
x.2 Boogaloos may
electronically collect, store and use the following personal information of users:
x.2.1name and surname;
x.2.2birth date;
x.2.3gender;
x.2.4country of
residence;
x.2.5closest city;
x.2.6 non-personal browsing habits and click patterns;
x.2.7e-mail address; and
x.2.8 IP address.
x.3 Boogaloos collects,
stores and uses the abovementioned information for he following purposes:
x.3.1 to greet
the user when he/she accesses the www.boogaloos.com web site;
x.3.2 subject
to the user's consent, inform the user of facts relating to his/her access and
use of the www.boogaloos.com web site;
x.3.3 subject
to the user's consent, inform the user about competitions and special offers
from www.boogaloos.com and/or its partners / affiliates;
x.3.4 to
compile non-personal statistical information about browsing habits,
click-patterns and access to www.boogaloo.com web site.
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.boogaloos.com and/or its
partners / affiliates.
x.6 Boogaloos may
collect, maintain, save, compile, share, disclose and sell any information
collected from users, subject to the following provisions:
x.6.1Boogaloos shall
not disclose personal information from users unless the user consents thereto;
x.6.2Boogaloos shall
not disclose information without the user's consent unless compelled to do so through
due legal process; and
x.6.3 Boogaloos
may compile, use and share any information that does not relate to any specific
individual.
x.7 Boogaloos owns and retains all rights to
non-personal statistical information
collected and compiled by Boogaloos.