Terms & Conditions
1. GENERAL TERMS AND CONDITIONS
These terms govern all access to and information contained on this Website. All Products offered to you for purchase, as well as your decision to make a purchase of any item contained on this Website, are subject to these terms. Kindly read these terms, which set out our rights and responsibilities to you, as well as the conditions of any offer taken up by you on this Website.
These terms may be amended by us from time to time, without notice. You are required to read them before taking up any offer. For any assistance regarding the interpretation of these terms please feel free to contact us on firstname.lastname@example.org.
You are not obliged to access this Website or purchase any Products, but should you choose to do so, you agree to be bound by these terms, therefore your access to this Website or purchase of any Products indicates your acceptance of these terms. All Products offered are subject to www.peachzone.co.za standard ‘Terms and Conditions’.
2.1 “AUP” refers to Acceptable Use Policy which is available at www.peachzone.co.za, as amended from time to time.
2.2 “ECT Act” refers to the Electronic Communications and Transaction Act no, 25 of 2002, as amended from time to time.
2.3 www.peachzone.co.za refers to PeachZone (Pty) Ltd, a Company duly registered in terms of the laws of the Republic of South Africa with Company Registration Number 2020/654767/07.
2.4 “Products” refers to any and all of the products, available on the Website from time to time.
2.5 “We/Us/Our” refers to www.peachzone.co.za/Website facilitator and jointly as the context may provide.
2.6 “Website Facilitator” refers to Lemonbyte Digital (Pty) Ltd, a Company duly registered in terms of the laws of the Republic of South Africa, with Company Registration Number 2020/243928/07.
2.7 “Website” refers to http://www.peachzone.co.za.
3. ACCESS/USE OF WEBSITE
3.1.1 Before placing an order to purchase any of the Products provided by us it is necessary that you register, as a Purchaser.
Registration is restricted to Individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register. Any person not permitted to register but who does so, shall be guilty of committing fraud and we may take whatever legal action deems necessary to obtain the appropriate relief.
3.1.2 Registration is free and does not obligate you to purchase anything or release information such as Credit Card details or any Bank Account details. By registering you are required to provide PeachZone (PTY) LTD with; complete and accurate information requested about yourself and by doing so confirm that the information provided is correct.
3.1.3 Upon acceptance of your registration, an email confirmation of your registration will be communicated to you.
3.2.1 Without a valid email address (your User Identification) and password, you will not be able to purchase Products displayed on the Website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password shall be attributed to you.
3.2.2 Do not under any circumstances divulge your password and username to any third party. We will never ask you for your password and username in combination. You may be asked for your username by our contact centre should contact be initiated by you. We will assume no liability for any loss or damage as a result of you disclosing your password to any third party. You hereby indemnify PeachZone (PTY) LTD in respect of any loss or damage whatsoever which may arise out of any activity that may occur under your password, username or account designation.
3.2.3 If you suspect that the confidentiality of your password has been compromised you should immediately advise PeachZone (PTY) LTD by email to email@example.com and we shall upon receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all or any transactions effected prior to the suspension of your registration and liable for any payments that may arise from these transactions.
3.3 Termination or suspension of registration
3.3.1 If you are found to be in breach of, or we believe that you may breach, any of the Terms and Conditions governing the use of, or trading using the PeachZone Website, we reserve the right to either suspend or terminate your registration.
4.1 PeachZone (PTY) LTD grants you a limited license to access and make personal use of the Website. You are not allowed to modify (other than page caching) the Website or any portion thereof without the prior written consent of PeachZone (PTY) LTD.
4.2 This license does not permit any resale or commercial use of the Website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the Website 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.
4.3 The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent from PeachZone (PTY) LTD.
4.4. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or our affiliates without prior written consent from PeachZone (PTY) LTD.
4.5 You may not use any meta tags or any other “hidden text” utilizing the name of the Website name or trademarks associated with the Website without the prior written consent from PeachZone (PTY) LTD. Any unauthorized use allows us to terminate the permission or license granted to you.
4.6 You may not use any of PeachZone (PTY) LTD logo’s or other proprietary graphic or trademark owned by the Website Facilitator, or those of their affiliates, as part of the link without prior written permission of the owner of graphic content.
5. ACCEPTABLE USE POLICY
5.1 PeachZone (PTY) LTD have implemented an AUP in accordance with section 72 of the ECT Act 25 of 2002.
5.2 This AUP determines boundaries of acceptable and unacceptable behaviour of our network and resources by the Consumer and contributes to the development of a responsible and responsive electronic consumer culture in South Africa.
5.3 PeachZone (PTY) LTD reserves the right to monitor the use of their network and resources and to take any action they deem appropriate against a person/s who uses the network or resources in a manner that we deem inappropriate.
5.4 The PeachZone (PTY) LTD network and resources may only be used for lawful purposes and activities. PeachZone (PTY) LTD strictly prohibit any use of their network/resources for any unlawful activities including but not limited to:
5.4.1 Any violation of local and international laws prohibiting child pornography, human trafficking, obscenity, unfair discrimination, hate speech and speech designed to incite violence or hatred or threats to cause bodily harm.
5.4.2 Any activity designed to defame, abuse, stalk, harass or physically threaten any individual including any attempt to link to, post, transmit any inappropriate or defamatory material.
5.4.3 Any violation of intellectual property laws including materials protected by local and international copyright, trademarks and trade secrets. PeachZone (PTY) LTD cannot be held liable for any unlawful use of multimedia content accessed using our network/resources.
5.4.4 Any fraudulent or inappropriate activity whatsoever by the Consumer, including dubious financial practices, such as pyramid schemes, the impersonation of another subscriber without their consent, or any attempt to enter into a transaction with us on behalf of another subscriber without his/her consent.
5.4.5 Any activity that results in the sale, transmission or distribution of pirated or illegal software.
5.4.6 Should we determine that during the use of the Website, any products violate any of the acceptable use conditions as set out above, we reserve the right to terminate your account with us with immediate effect and reserve the right to take all lawful remedies permitted by the ECT Act.
6. TERMS OF TRADE
6.1. Invitation to do business.
6.1.1 The Products which appear on the Website are displayed as an invitation to do business and to allow you to order Products from PeachZone (PTY) LTD. Only when the Website Facilitator has communicated acceptance of your order and capability to fulfil the order will an enforceable agreement of sale be concluded. In certain instances, the product you have selected for purchase may not immediately be available. In this instance, the required communication of acceptance from the Website Facilitator can only be communicated to you once we have confirmed availability of the product/s from our suppliers.
6.1.2 The price of any Products sold on the Website is payable in South African Rand.
6.2. Place and time of agreement
6.2.2 All communications with PeachZone (PTY) LTD facilitated by the Website, via the Website Facilitator, our Support Call Centre or email shall be deemed to have been received, in the case of communications initiated by us when the communication leaves the website or email server, and in the case of communications initiated by the Consumer, when it is received on the Website or email server.
6.2.3 Agreement and acceptance by us of an order placed by the Consumer shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves the Website or email server.
6.3. Electronic communications.
6.3.1 When you visit the Website or send e-mails to firstname.lastname@example.org, you are communicating with us electronically and you consent to receive communication from us electronically.
6.3.2 You agree that all agreements, notices, disclosures and other communications that PeachZone (PTY) LTD provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the Website and transactions concluded using the Website, as well as your intent to enter into any transaction on the Website may be evidenced by any action by you from which this may reasonably be inferred.
6.4 Applicable law
6.4.1 The Website and all communications and transactions concluded using the Website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with us.
6.5. Transaction History
6.5.1 The transaction history may be accessed by you and is provided for information purposes only. This transaction history will show your electronic transactions performed on this Website only and will not reflect refunds, cancellations or other transactions. A full and comprehensive statement may be requested via email at email@example.com.
6.6. Cancellations, Refunds and Returns
6.6.1 Defective Products
18.104.22.168 PeachZone (PTY) LTD offers a warranty on the quality of the goods purchased, on behalf of and in line with the warranty policy undertaken by the Manufacturer/Supplier of the Products, provided that the Products have not been altered or used, contrary to the instructions. Warranty is usually 12 months from date of purchase and is a ‘Repair Warranty’, unless otherwise stated by the Manufacturer/Supplier.
22.214.171.124 If the Products are found to be defective during the warranty period, you may send an email to firstname.lastname@example.org, or alternatively, contact the manufacturer’s service centre as indicated in the product information leaflet supplied with your Product. You shall also be required to produce the original invoice/ credit card/ debit card slip as proof of purchase. Where the Product is found to be defective, the manufacturer/supplier, shall, at its sole discretion;
(a) repair or replace the failed, unsafe or defective Product; or
(b) refund you the price paid for it.
126.96.36.199 Any refund due, will be made in the same manner as your original payment, i.e. to your credit card, debit card or cheque or savings account, as the case may be.
6.6.2 Late Delivery
188.8.131.52 If a Product purchased from PeachZone (PTY) LTD is not delivered within the agreed delivery period, the ECT Act entitles you to cancel such sale with 7 (seven) days’ notice to PeachZone (PTY) LTD by phoning 0636841408. Should the Product purchased be unavailable, PeachZone (PTY) LTD shall notify you and offer a suitable equivalent or alternatively process a full refund within 7 (seven) days after such notice.
6.6.3 Non- defective Products – Right to “cool off”
184.108.40.206 Products which are NOT defective or damaged or which you found to be unsuitable, can be returned within 7(seven) days from date of delivery. This is subject to the Products being in its original condition, not tampered with, and packaging/manuals/cables/remote control units etc. being in its original condition. You would be required to produce the original Invoice/Credit Card/Debit Card or EFT slip as proof of purchase. You are then entitled to request cancellation of the sale of the Products in terms of Section 44 of the ECT Act and to obtain a refund. This is subject to a reasonable explanation being given for the refund request. PeachZone (PTY) LTD is entitled to recover a handling fee of 15% of the original purchase price on such refunds. Returns may only be made after contacting PeachZone (PTY) LTD on email@example.com, or via telephone on 0636841408 and obtaining the standard Request for Return Documentation. The purchased products are to be returned to PeachZone (PTY) LTD nominated address, by the nominated courier / logistics service, at the expense of the purchaser. PeachZone (PTY) LTD reserves the right to hold you liable for any damage caused to the Products whilst it is in your possession.
6.7 Advertising and Printed Material
6.7.1 Whilst we make every possible effort to ensure that all Product information and pricing in any form of communication material is factually correct at the time of communicating it to the Consumer, we cannot be held responsible if any factual errors occur beyond our control. Some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to purchase. However, should you be dissatisfied with the Product you receive for any reason, you are entitled to return the Product to PeachZone (PTY) LTD in accordance with clause 6.6 above. All prces are inclusive of VAT unless otherwise stated. All prices exclude delivery costs, unless otherwise stated. E&OE.
6.8. Delivery of the Products
6.8.1 The anticipated time of delivery of any Product/s purchased via the Website shall be within 5 to 14 working days from the time that the order is acknowledged by PeachZone (PTY) LTD or unless otherwise communicated.
7. INTELLECTUAL PROPERTY STATEMENT
7.1 Copyright of any information or trademarks displayed anywhere on the PeachZone (PTY) LTD Website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by the Website Facilitator or PeachZone (PTY) LTD or by the original creator of the materials, or by suppliers and service facilitator to the Website or the service providers of PeachZone (PTY) LTD. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by Any means other than as described on the Website or with the prior written permission from the Website facilitators or PeachZone (PTY) LTD.
7.2 All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
8. DISPUTE RESOLUTION
8.1 Any dispute arising out of or in connection with these terms including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the rules, which rules are deemed to be incorporated by reference into this clause and may be accessed at www.trustenforce.org. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.
8.2 By using the Website and accepting the conditions of use of the Website and trade conducted using the Website you bind yourself to the terms of arbitration provided herein.
9. COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
9.1 We adhere to the provisions of Chapter VII of the ECT Act 25 of 2002 and refer you to clause 6.6 above, as well as any policies published by PeachZone (PTY) LTD on www.peachzone.co.za from time to time in this regard.
10. LEGAL CLAUSES
10.1 Company Details
Website Address: www.peachzone.co.za
Company registration number: 2020/654767/07
VAT registration number: 4460295282
Telephone numbers: 0636841408 and 0829219578
Appointed Domicilium Citandi Et Executandi: Fick Road, Florentia, Alberton, Gauteng, 1449
10.2 Your Domicilium Citandi et Executandi for any legal processes/notices shall be the email address elected by you during the registration process to receive delivery of the Products.
10.3 Severability clause:
10.3.1 Any provision in these terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these terms shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of these terms and conditions, without invalidating the remaining provisions of these terms and conditions or affecting the validity or enforceability of such provision in any other jurisdiction.
10.4.1 The terms set out herein and any Products offered via the PeachZone (PTY) LTD Website is subject to the jurisdiction of the laws of the Republic of South Africa.
10.5 Disclaimer, warranty and limitation of liability
10.5.1 To the extent permissible in law, neither the Website Facilitator, nor PeachZone (PTY) LTD, or 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 content provided from and through this Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions (E&OE) or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors via e-mail to firstname.lastname@example.org.
10.5.2 The website is provided to you on an “As Is” and “As Available” basis. neither the Website Facilitator, PeachZone (PTY) LTD, nor their Directors, Employees, Officers, Suppliers, or Service Facilitators make any representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the website. you expressly agree that your use of the website is at your sole risk.
10.5.3 To the full extent permissible by South African Law, the Website Facilitator, PeachZone (PTY) LTD, their Directors, Employees, Officers, Suppliers, or Service Facilitators disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Website Facililator, PeachZone (PTY) LTD, do not warrant that the Website, its servers, or e-mail sent from it are free of viruses or other harmful code. The Website Facilitator, PeachZone (PTY) LTD will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. In no event shall the Website Facilitator, PeachZone (PTY) LTD, their Directors, Employees, Officers, or their Suppliers or Service Facilitators be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the use of the Website, use of the product or these terms (however arising, including negligence). The liability of the Website Operator, PeachZone (PTY) LTD, their Directors, Employees, Officers, Suppliers, and Service Facilitators to you or any third parties in any circumstance is limited to the monetary value of the product purchased.
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