Hobby Mania Terms and Conditions
AGREEMENT BETWEEN ‘The User” (that’s you, sitting there reading this) AND HOBBYMANIA (Pty) Ltd hereinafter referred to as “The Company”.
You either agree to the terms and conditions as published (and updated from time to time) on our website, or not .
If you do NOT agree to the Company’s Terms and Conditions, you are choosing NOT to use the website. Thanks, Good Bye, Go Away…
The Company may modify these T’s and C’s at any point and undertakes to make the latest version available to you as a part of your check-out procedure.
LINKS TO THIRD PARTY SITES
The Company’s Web Site may contain links to other (“Linked”) Web Sites.
These are not under the Company’s control and The Company will not be held in any way responsible for the content of any of these sites.
They are ‘linked’ for your convenience. Because we ‘link’ to them does not mean that The Company endorses these sites nor that we have an association with the operators of said linked sites.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the The Company’s Web Site, you warrant that you will not use the site for any purposes that are unlawful or prohibited by these terms, conditions, and notices.
You may not use the Web Site in such a manner as to damage, disable, overburden, or impair the operation of the Web Site nor to interfere with any other party's use or enjoyment of the Web Site.
The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other communication facilities or messages designed to enable The User to communicate with the public or a group.
You agree to use these Communication Services to post, send and receive messages and material that are proper and related to the particular Communication Service.
You WILL NOT:
The Company has no obligation to monitor the Communication Services. However, it reserves the right to review materials posted to any Communication Service associated with it’s website and to remove any materials in it’s sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at The Company’s sole discretion.
Communication Services Guide Lines:
Always use caution when giving out any personal information about yourself or your relatives in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Web site managers and hosting companies are not authorized spokespeople for The Company and their views do not necessarily reflect those of The Company, either.
Materials uploaded to a Communication Service may be subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload or download the materials.
MATERIALS PROVIDED TO OR POSTED AT ANY Hobby Mania WEB SITE
The Company does not claim ownership of the materials you provide it (including any feedback and suggestions) or post, upload, input or submit to any HobbyMania or associated services. However, by posting, uploading, inputting, providing or submitting your submission you are granting the Company, its affiliated companies and necessary sub-licensees permission to use such submission/s in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat said submission; and to publish your name in connection with your submission at The Company’s discretion.
No compensation will be paid with respect to the use of any submission, as provided herein. The Company is under no obligation to post or to use any submission provided and may remove any submission at any time at The Company's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY’S WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE COMPANY’S WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE COMPANY’S WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE FOR YOUR SITUATION IF AT ANY TIME YOU ARE UNSURE OF THE CONSEQUENCES OF USING SUCH ADVICE.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE COMPANY’S WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE COMPANY’S WEB SITE OR ANY OF IT’S PRODUCTS,
SERVICE CONTACT : firstname.lastname@example.org
Parallel Imports Disclaimer
Important Information about products sold on The Company’s website:
THE COMPANY is NOT an authorised distributor for all brands of products sold on its website. While the products we sell are original, we do not purchase all of them through the authorised distribution channels in South Africa. This is commonly known as parallel imports and, provided we meet the requirements set out by the Minister of Trade and Industry we are legally allowed to offer them for sale in South Africa.
We source our products from many different countries and suppliers and in some cases the products we source are intended for sale in countries other than South Africa. Due to exchange rate differences and changes in supply and demand, this method of importing along with a 100% online operation with the associated low overheads and costs allows us to offer some original products at much cheaper rates than regular retail outlets.
We do not drop ship our products directly from sourcing agents to our customers. All products are shipped to our offices first where they are opened and inspected. If you are happy and place an order, we ship direct to you from stock in our possession.
The authorized South African distributor of any of these ‘parallel imports’ are under no obligation to honour the manufacturer’s guarantees/warrantees or to provide after-sales service – we have our own guarantee/warranty policies in place.
We are required by law to make the above statement. This disclaimer is the only price you pay for the savings and variety offered via parallel imports. The Company relies on repeat business and referrals as our primary marketing tool and it is in our best interest to only supply quality products to our customers and to offer our own warranty on them. In the event that something goes wrong with any product we sell from our website we will assist wherever possible with getting the item repaired by an independent technician or in worst case scenario we will replace it with a NEW item at our discretion.
The Company reserves the right, in its sole discretion, to terminate your access to its Web Site and related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of South Africa and you hereby consent to the exclusive jurisdiction and venue of courts in Wynberg, Cape Town, in any dispute arising from or relating to the use of The Company’s Web Site.
Use of the Company’s Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HobbyMania as a result of this agreement or use of the Company’s Web Site. HobbyMania’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HobbyMania's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HobbyMania Web Site or information provided to or gathered from the website
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HobbyMania with respect to the HobbyMania.co.za web site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Company with respect to the HobbyMania web site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the HobbyMania web site are: Copyright 2012 by HobbyMania (Pty) Ltd and/or its suppliers. All rights are reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
None of the electrical equipment we carry is ICASA/SABS certified as yet. Any use is entirely at owners own risk and will negate SAMAA Insurance cover.
Version 1.1 : 23 July 2012