Terms and conditions
Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of BUYS INCORPORATED ATTORNEYS, specialist in Internet and e-commerce law: (021) 461 7387.
| 1. | USAGE | ||||||
| 1.1 | Persons using the LEISUREBOOKS web site for any reason whatsoever, subject themselves to and agree to the terms and conditions of LEISUREBOOKS when accessing the web site as set out below. | ||||||
| 1.2 | This web site is intended to provide the user with information regarding LEISUREBOOKS, its products offered and/or services rendered. | ||||||
| 1.3 | Without derogating from the aforegoing, LEISUREBOOKS hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof, provided that: | ||||||
| 1.3.1 | such content is used for information and/or non-commercial purposes only; and | ||||||
| 1.3.2 | any reproduction of this the content of this web site, or portion thereof, must include the following copyright notice: © LEISUREBOOKS 2010. ALL RIGHTS RESERVED. | ||||||
| 1.4 | Users that wish to use content from this site for commercial purposes may only do so with prior written permission. | ||||||
| 2 | INTELLECTUAL PROPERTY RIGHTS | ||||||
| 2.1 | All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to LEISUREBOOKS, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved. | ||||||
| 3. | LEISUREBOOKS CLUB MEMBERSHIP | ||||||
| 3.1 | The member must order one item per quarter from the LEISUREBOOKS main catalogue. If the member does not order by the deadline date as stated in the catalogue, the Editor's Choice will be sent automatically. | ||||||
| 3.2 | The member must remain part of the LEISUREBOOKS CLUBS for at least two years. Thereafter membership will be cancelled upon 3 months written notice. | ||||||
| 4. | DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002 | ||||||
| 4.1 | The full name and legal status of the web site owner is: Via Afrika Ltd Reg No: 1949/035471/06. | ||||||
| 4.2 | The full address of the web site owner is detailed hereunder.Naspers Centre (19th floor), 40 Heerengracht, Cape Town, 8001 | ||||||
| 4.3 | The web site address of this web site is: www.leisurebooks.com | ||||||
| 4.4 | Membership of self-regulatory or accreditation bodies: Member of the Direct Marketing Association of Southern Africa | ||||||
| 4.5 | Codes of conduct to which this web site subscribes: Code of conduct of the Direct Marketing Association of Southern Africa | ||||||
| 4.6 | Legal persons: Directors : T Vosloo, FE Groepe, MMA Shezi, FHJ Brand and Dr GM Coetzee (Secretary). | ||||||
| 4.7 |
Physical address for receipt of legal service: Waterviewsingel 1 Waterview-park Century City Boulevard Century City 7446 |
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| 4.8 | Main business: LEISUREBOOKS is a direct marketing organisation using a commitment model to market its core product, books. | ||||||
| 4.9 | COSTS | ||||||
| 4.9.1 | The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed. | ||||||
| 4.9.2 | Should an order exceed R300.00, we reserve the right to withhold delivery until payment of a deposit of one third of the total amount. | ||||||
| 4.10 | SHIPPING CHARGES | ||||||
| 4.10.1 | Surface Mail is utilised for the delivery of Goods in South Africa and Namibia. Postage and handling fees are based on the number of standard items per order - or on size and weight in the case of non-standard items. | ||||||
| 4.10.2 | Rates for South Africa | ||||||
| 4.10.2.1 | Standard rates: - 1 Item: R 14.80; 2 Items: R 23.70; 3 Items: R 29.60; 4 or more Items = R35.00 | ||||||
| 4.10.2.2 | Rates for non-standard items: Rates vary, depending on size and weight | ||||||
| 4.10.3 | Rates for Namibia: | ||||||
| 4.10.3.1 | Standard rates - 1 Item: R 38.50; 2 Items: R 46.30; 3+ Items: R 54.60 | ||||||
| 4.10.3.2 | Rates for large Items - Rates vary, depending on size and weight | ||||||
| 4.10.4 | Rates for other Countries in Africa (Overland): | ||||||
| 4.10.4.1 | Standard rates - 1 Item: R 49.00, 2 Items: R 62.55, 3+ Items: R 76.10 | ||||||
| 4.10.4.2 | Rates for non-standard items - Rates vary, depending on size and weight | ||||||
| 4.10.5 | Overseas Airmail - R 195.00 | ||||||
| 4.10.6 | Door-to-door delivery (SA members only) - R 55.00 | ||||||
| 4.10.7 | Speed Services (SA members only) - R 45.00 | ||||||
| 4.11 | TAXES | ||||||
| 4.11.1 | All prices quoted are inclusive of VAT (currently 14% - a change in the VAT rate will result in an automatic price adjustment. | ||||||
| 4.12 | PAYMENT METHODS | ||||||
| 4.12.1 | LEISUREBOOKS offers customers a number of convenient payment options: | ||||||
| 4.12.1.1 | At your nearest Post Office You can pay by cash or cheque at your local Post Office. Cheques must be made payable to The Postmaster. Keep the receipt as proof of payment. | ||||||
| 4.12.1.2 | At any branch of ABSA Bank. - Fill in the deposit slip at your bank. RSA Members: Bank Account Number: 0550 153 246 Branch Code 632005 (Always quote your membership number as reference number on the deposit slip.) | ||||||
| 4.12.1.3 | At any branch of Bank Windhoek. - Fill in the deposit slip at your bank. Namibian Members: Bank Account Number: 8001 091 457 Branch Code 48197200 (Always quote your membership number as reference number on the deposit slip.) | ||||||
| 4.12.1.4 | By Electronic Payment via ATM or the Internet. Please ensure your bank links your payment to your Membership number and the following bank account: ABSA Branch code (RSA Members): 632005 Account number: 0550 153 246 OR Bank Windhoek Branch code (Namibian Members): 48197200 Account number: 8001 091 457 | ||||||
| 4.12.1.5 | By Mastercard or Visa credit card. Fill in your credit card number, the expiry date, the three digits on the back of your credit card and your signature, on the remittance advice attached to your invoice and post or fax it to us. | ||||||
| 4.12.1.6 | By cheque or postal order. Please cross and make payable to LEISUREBOOKS. Write your membership number on the back and include your remittance advice with your payment. | ||||||
| 4.13 | RECORDS OF TRANSACTIONS | ||||||
| 4.13.1 | Members will receive an invoice / statement by mail. Statements (with a 48-hour delay) can be viewed on LEISUREBOOKS's website | ||||||
| 5 | AGREEMENT | ||||||
| 5.1 | Terms of agreement: | ||||||
| 5.2 | Placing an item in a shopping basket or adding it to a wish list without completing the purchase cycle shall not: | ||||||
| 5.2.1 | constitute or give rise to any agreement between LEISUREBOOKS and users cannot hold LEISUREBOOKS liable if such items are not available when the purchase cycle is completed later; and/or | ||||||
| 5.2.2 | constitute an order for such an item. | ||||||
| 5.3 | LEISUREBOOKS may remove any service rendered and/or products offered from the shopping basket at its sole discretion if no stock is available. | ||||||
| 5.4 | An agreement between LEISUREBOOKS and a user shall only come into effect if and when: | ||||||
| 5.4.1 | A credit card authorisation is received from an issuing bank; or | ||||||
| 5.4.2 | An electronic transfer is reflected on LEISUREBOOKS's bank statement and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or | ||||||
| 5.4.3 | A direct deposit, cheque or cash is reflected on LEISUREBOOKS's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle; and | ||||||
| 5.4.4 | An acknowledgement of the transactions concluded has been sent to you, the user. | ||||||
| 5.5 | LEISUREBOOKS reserves the right to refuse to accept and/or execute an order without giving any reasons therefore. LEISUREBOOKS also reserves the right to cancel orders in whole or in part in LEISUREBOOKS sole and absolute discretion. LEISUREBOOKS shall only be liable to refund monies already paid by the user. | ||||||
| 5.6 | Time of dispatch: Within 5 days | ||||||
| 5.7 | Payment security: 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. | ||||||
| 5.8 | Cooling-off period: You have the right to return goods or services purchased from this site within 7 days if such goods or services are not listed in section 42 of the Electronic Communications and Transactions Act No. 25 of 2002. This right does not extend to the following goods and/or services: | ||||||
| 5.8.1 | for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities; | ||||||
| 5.8.2 | by way of an auction; | ||||||
| 5.8.3 | for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer. | ||||||
| 5.8.4 | for services which has begun with the consumer's consent before the end of the seven day period referred to in section 45(1); | ||||||
| 5.8.5 | where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier; | ||||||
| 5.8.6 | where the goods— | ||||||
| 5.8.6.1 | are made to the consumer's specifications; | ||||||
| 5.8.6.2 | or clearly personalized; | ||||||
| 5.8.6.3 | by reason of their nature cannot be returned; or | ||||||
| 5.8.6.4 | are liable to deteriorate or expire rapidly; | ||||||
| 5.8.7 | where audio or video recordings or computer software were unsealed by the consumer; | ||||||
| 5.8.8 | for the sale of newspapers, periodicals and magazines; | ||||||
| 5.8.9 | for the provision of gaming and lottery services; or | ||||||
| 5.8.10 | for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period. | ||||||
| 5.9 | The user has the right to review, correct and cancel electronic transactions before the user effect payment and/or place an order. | ||||||
| 5.10 | The user may lodge a complaint at the Consumer Affairs Committee, if this site does not comply with Chapter VII of the Electronic Communications and Transactions Act and/or this agreement. | ||||||
| 5.11 | By using this web site or communicating with LEISUREBOOKS by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing". | ||||||
| 6 | CHANGES AND AMENDMENTS | ||||||
| 6.1 | LEISUREBOOKS expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice. | ||||||
| 6.2 | LEISUREBOOKS reserves the right to change and amend the prices and rates quoted on this web site without any notice. | ||||||
| 6.3 | The user undertakes to check LEISUREBOOKS frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the web site. | ||||||
| 7 | PRIVACY POLICY | ||||||
| 7.1 | LEISUREBOOKS protects the user’s privacy: | ||||||
| 7.2 | No personal information will be disclosed to third parties without the user’s permission or due process. | ||||||
| 7.3 | LEISUREBOOKS gathers and will be in possession of the following private and personal information: | ||||||
| 7.4 | Information provided by the user voluntarily – this information is used to provide a better service to users; | ||||||
| 7.5 | Information automatically provided (e.g. cookies) – this information is gathered to better your browsing and interaction with LEISUREBOOKS. Cookies cannot harm your computer or carry viruses; and | ||||||
| 7.6 | By using this web site the User consents to the following: | ||||||
| 7.6.1 | LEISUREBOOKS may use your personal information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications; and | ||||||
| 7.6.2 | LEISUREBOOKS may use user’s information for non-personal statistical purposes. | ||||||
| 7.6.3 | LEISUREBOOKS retains the copyright in databases of personal information of users. | ||||||
| 8 | LINKING AND FRAMING | ||||||
| 8.1 | It is expressly prohibited for any person, business, entity or web site to link to any page on this web site, including the home page, without the prior written approval of LEISUREBOOKS. | ||||||
| 8.2 | It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of LEISUREBOOKS. | ||||||
| 9 | AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT | ||||||
| 9.1 | No information or data on this web site is an offer, but merely an invitation to do business. | ||||||
| 9.2 | No agreements shall be concluded merely by sending a data message to this web site or its owners, valid agreements require an acknowledgement of receipt from this web site. | ||||||
| 10 | SEARCHING TECHNOLOGY | ||||||
| 10.1 | The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site server or copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 5 to 8 hereof. | ||||||
| 11 | LINKS TO THIRD PARTY SITES | ||||||
| 11.1 | LEISUREBOOKS may provide links to the user only as a convenience and the inclusion of any link does not imply LEISUREBOOKS’s endorsement of such sites. | ||||||
| 11.2 | Linked web sites or pages are not subject to the control of LEISUREBOOKS. LEISUREBOOKS shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site. | ||||||
| 12 | SECURITY OF INFORMATION | ||||||
| 12.1 | All reasonable steps will be taken to secure a user’s information. | ||||||
| 12.2 | User’s undertake not to divulge their user name and passwords to any other person | ||||||
| 12.3 | It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that LEISUREBOOKS should suffer any damage or loss, civil damages will be claimed. | ||||||
| 13 | DISCLAIMER | ||||||
| 13.1 | Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, LEISUREBOOKS 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. Furthermore, LEISUREBOOKS 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. | ||||||
| 13.2 | 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 LEISUREBOOKS 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. | ||||||
| 13.3 | Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of LEISUREBOOKS and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site. | ||||||
| 13.4 | All items purchased from LEISUREBOOKS are made pursuant to agreements with shipping and delivery agents and risk of loss pass from LEISUREBOOKS to such agents upon delivery of any item to such carrier. | ||||||
| 13.5 | Neither LEISUREBOOKS 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 any product sold on this web site. | ||||||
| 14 | SEVERABILITY | ||||||
| 14.1 | These Terms and Conditions of Use constitute the entire agreement between LEISUREBOOKS and you, the user of this web site. Any failure by LEISUREBOOKS to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision. | ||||||
| 14.2 | In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable. | ||||||
| 15 | APPLICABLE AND GOVERNING LAW | ||||||
| 15.1 | Subject to clause 15, this web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this web site and these terms and conditions. | ||||||
| 16 | DISPUTES | ||||||
| 16.1 | 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 the Customer Relations Department of LEISUREBOOKS, 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 Cape Town in English. | ||||||
| 17 | CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI | ||||||
| 17.1 |
If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:
1 Waterview Close
Contact Centre telephone number: 021 521 8585 or 083 915 6060 Fax number : 021 521 8586 |
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© 2002 BUYS INCORPORATED ATTORNEYS All Rights Reserved