JOOSUBS WEBSITE TERMS AND CONDITIONS
Joosubs provides the information contained on this website and the pages comprising the website (“website”) and advertises and sells the products to you, subject to the terms and conditions set out herein and as may be referenced herein (“the terms”) unless otherwise stated. For the purposes of these terms, “products” means those items offered for sale by Joosubs or the services made available from time to time via the website.
By accessing and/or using the website, you agree to be bound by these terms. Joosubs may at any time modify any of these terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website and/or use the services offered via the website, you agree to be bound by these terms, as may be modified from time to time.
2. Content of the Website
Whilst every effort is made to update the information provided on this website on a regular basis, Joosubs makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. Joosubs reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.
3. Access Codes
Before purchasing any products via the website, you will be obliged to enter you username or personal ID number (“ID”) and personal password (“password”) or other unique identifying information. Jointly we refer to the ID and password and other unique identifying information as your “Access Codes”. You undertake to ensure that your Access Codes are not disclosed to any third (3rd) party and to immediately report any actual or potential unauthorised access to or use of your Access Codes. On receipt of such communication, Joosubs reserves the right to reject any communication received from you, suspend the processing of any communications and orders not yet executed by Joosubs and immediately deactivate your Access Codes. You shall thereafter be obliged to refrain from ordering any products until such time as new Access Codes have been authorised by Joosubs. Joosubs may from time to time require you to change your Access Codes, as the case may be, and you undertake to comply with such instruction immediately.
5. Orders, confirmation & delivery
The advertising of products via the website merely constitutes an invitation by Joosubs for you to make an offer to purchase products and we remain entitled to reject any order without giving reasons therefore. As erroneous or outdated prices may be displayed on this website from time to time, you agree that we will not be obligated to sell a product at such erroneous price. Once you have selected the product you wish to purchase and submitted your order to Joosubs, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the “purchase” or similar “final submit” button you are deemed to have submitted an offer to purchase the product/s selected by you (“order”) and the order cannot be withdrawn by you unless expressly agreed to by Joosubs. Joosubs reserves the right to cancel the order for any reason on notice to you. Receipt of a confirmation of the order (which constitutes acceptance by Joosubs to process the order) will be sent to you once we receive your order. Although the website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable. Please note that a transaction will only be deemed to have been concluded once the product/service in question has been delivered/collected in accordance with the selected delivery option or agreed process. Delivery times are estimates only and we are not liable for any late deliveries.
A pre-order is not a completed or confirmed order. Although every effort will be made to source the requested product, we cannot guarantee the availability of any product. We also reserve the right to decline any pre-order without reason. Once in receipt of a pre-order we will reserve the product for purchase by you subject to stock availability. Final pricing of pre-ordered products may vary from the price displayed at the time the pre-order was placed. All pre-orders will be confirmed with you telephonically or via email.
A product request is not an order. Although every effort will be made to source the requested product, we cannot guarantee the availability or existence of any product. We also reserve the right to decline any product request. Once in receipt of a product request we will contact the relevant supplier to establish stock availability and pricing. All product requests will be confirmed with you telephonically or via email.
Any applications which you submit to us via the website will be subject to our normal approval processes and procedures. We reserve the right to withhold approval at our sole discretion. We reserve the right to verify the identity of any purchaser or the payment method used. This may require you to, inter alia, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason. If Joosubs approves your application you may be required to sign additional terms & conditions, which will form the basis of Joosubs agreement with you. A copy of these terms can be obtained by calling our helpdesk on 0618317440. If you do not agree to these additional terms & conditions then your application will be cancelled and you will not be entitled to use or access the product or service you have subscribed to.
All orders shall be executed within the time period notified therefor by Joosubs. Joosubs shall notify you should any products be unavailable for any reason whatsoever. For information on guarantees applicable to products purchased by you, please see our warranties / guarantee policy. You accept that the display of products is not necessarily a guarantee that a product is available.
For details on payment options, please refer to the payment options.
8. Disclosures required in terms of Section 43 of the Electronic
Communications and Transactions Act 25 of 2002
9. Cooling off period and Returns
In addition to the rights set out in our return policy, if you qualify as a consumer in terms of the Electronic Communications and transactions Act you may enjoy certain cooling-off rights in terms of which you can cancel any transaction for the supply of goods within 7 (seven) days after the date of receipt of the goods or services within 7 (seven) days after the date of conclusion of the agreement, without reason or penalty. This does not apply to certain goods or services. For example, any airtime purchased by you is not subject to the “cooling off” provisions of the ECT Act since the ECT Act specifies that the "cooling off" provisions do not apply to electronic communications where the goods are clearly personalised. Airtime ordered by you via the website is issued with a unique number which is allocated solely to you and accordingly, cannot be returned for use by someone else.
Please refer to the return policy, which sets out our policy regarding returns or products. If you have effected payment prior to exercising your right to return the products, Joosubs will refund you the full purchase price thereof, less any direct costs incurred by Joosubs in returning such goods.
10. Privacy and Security
All personal information obtained by Joosubs by virtue of your use of this website is protected as set out in our privacy and security policy. Furthermore, the security processes and procedures used by Joosubs to protect information transmitted via the website are also set out in the privacy and security policy.
11. Copyright and Intellectual Property Rights
Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “the materials”) are owned by Joosubs alternatively, Joosubs is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from Joosubs. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Joosubs. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Joosubs.
12. External links
External links may be provided for your convenience, but they are beyond the control of Joosubs and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of Joosubs.
13. Unlawful use
You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Joosubs against any loss, liability, damage or expense of whatever nature which Joosubs or any third (3rd) party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.
14. Warranties, Disclaimers and Limitation of Liability
15. Use of the Website
Joosubs does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to Joosubs that you are legally entitled to do so and to make use of information and purchase the products made available via the website.
16. Address for Service
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith. For purposes of calculating any time periods GMT +2 shall be used. Your terms and conditions shall apply to all transactions you conclude via this website. A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Joosubs on delivery/collection of the product or service
What can we do with your Email address?
Once registering, and supplying Joosubs.com with your email address, we will occasionally send you emails containing promotions, or informing you of specials being offered by ourselves. These emails may contain adverts from 3rd parties; however we will never supply a 3rd party with your email address.
If you do not wish to receive these emails, you can at any time request to be unsubscribed.
What About Third (3rd) Party Advertisers and Links to Other Websites?
Our site includes third (3rd) party advertising and links to other websites. We do not provide any personally identifiable customer information to these advertisers or third (3rd) party websites.
JOOSUBS INTERIORS (PROPRIETARY) LIMITED ("JOOSUBS")
Joosubs and/or its subsidiaries shall not be liable to you or any third (3rd) party (and you hereby waive whatever claims you may have against Joosubs, its directors and/or employees) for any expense, loss or damage of whatever kind (including without limitation, direct, indirect, incidental, punitive or consequential damages, lost income, revenue or profits, lost or damaged data, or other commercial or economic loss) which may arise from the use of, or reliance on, or inability to use, this website and any of the information contained in or on this website. To the extent that the applicable law does not allow these limitations and exclusions of liability or damages, you agree that in no event shall Joosubs' total liability to you for all damages, losses and causes of action of any nature exceed the amount, if any, which you have paid Joosubs for goods, products or services purchased from this website during the twelve (12) month period preceding the occurrence of such damage or loss.
Certain links in this website will lead to websites which are not under the control of Joosubs ("external sites"). When you activate any of these links, you will leave the Joosubs website and Joosubs has no control over and will accept no responsibility or liability in respect of the material on any external site. The existence of any such link does not mean that the external site is in any way supported or endorsed by Joosubs and you expressly agree that use of such links is at your own risk and that the disclaimers and limitations on liability contained herein apply to such use.
All trademarks, content and data on this website are the property of or licensed to Joosubs and are accordingly protected from infringement by domestic and international legislation and treaties. All other rights to all intellectual property on this website are expressly reserved.
Unless otherwise specified in the terms, this website is directed primarily at users in the Republic of South Africa. Joosubs makes no representation that any goods, products or services referred to on this website are appropriate for use, or available to users, in other jurisdictions. If you access this website from locations outside of South Africa, you are responsible for compliance with any applicable laws in that jurisdiction and all laws that govern cross border transactions.
The disclaimers and exclusions of liability contained herein shall be exclusively governed and construed in accordance with the laws of the Republic of South African, without giving effect to any conflict of law principles. If any provision herein is held to be unlawful, void or for any reason unenforceable then the provision shall be deemed severable from the provisions of these terms and shall not affect the validity or enforceability thereof.