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:: Terms & Conditions ::
1. COPYRIGHT
1.1 Copyright 2006 © Edusmart, Cnr Mopani & Old Jhb Road, Centurion, South Africa. All rights not expressly granted are reserved.
1.2 Users may download, view and print content from this site for private and non-commercial purposes only.
1.3 All moral rights of Edusmart and its employees/agents are reserved.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Edusmart and as such are protected from infringement by local and international legislation and treaties.
3. ELECTRONIC COMMUNICATIONS
3.1 When a user visits Edusmart or sends e-mails to Edusmart, that user consents to receiving communications from Edusmart electronically and agrees that all agreements, notices, disclosures and other communications sent by Edusmart satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
4. DISCLAIMER
4.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Edusmart 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. Furthermore, Edusmart 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 person referred to in clause 1.
4.2 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 Edusmart 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.
4.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Edusmart and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
4.4 All items purchased from Edusmart are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Edusmart to such agents upon delivery of any item to such carrier.
4.5 Neither Edusmart 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.
5. COSTS
5.1 Prices:
5.1.1 The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.
5.2 Value Added Tax:
5.2.1 Value added tax at the rate of 14% is charged on goods bought by South African residents.
5.2.2 VAT is not payable on orders if both the billing and the shipping address are international.
6. DELIVERIES
6.1 All deliveries are currently to the school selected on the order form.
More delivery options will be added at a later stage.
7. PAYMENT METHODS
7.1 Credit card payments.
7.1.1 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.
7.1.2 Payment is only collected when the order is completed and the goods shipped.
7.1.3 Note that to protect it's own and the interests of customers, Edusmart scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Edusmart is not satisfied with it's legitimacy.
7.2 Bank deposit payments.
7.2.1 If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the Edusmart bank account and would it be subject to the following rules:
7.2.1.1 the exact amount must be paid
7.2.1.2 the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
7.2.1.3 no transfers must be made from ATM's
7.2.1.4 cheque deposits are subject to a clearing period.
8. AGREEMENTS OF SALE
8.1 Placing an item in a shopping basket cycle does not:
8.1.1 constitute an agreement of sale between Edusmart and users cannot hold Edusmart liable if such items are not available when the purchase cycle is completed later; and/or
8.1.2 constitute an order for such an item; and
8.1.3 Edusmart may remove such an item from the shopping basket or wishlist if no stock is available.
8.2 An agreement of sale between Edusmart and a user only comes into effect if and when:
8.2.1 a credit card authorisation is received from the issuing bank; or
8.2.2 a deposit of an electronic transfer is reflected on Edusmart's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
8.2.3 a direct deposit is reflected on Edusmart's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.
8.3 Edusmart reserves the right to refuse to accept and/or execute an order without giving any reasons. Edusmart also reserves the right to cancel orders in whole or in part as circumstances dictate. Edusmart shall only be liable to refund monies already paid by the user.
8.4 Edusmart shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Edusmart will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
9. STOCK AVAILABILITY
9.1 Stocks of all goods on offer are limited. Edusmart 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, Edusmart shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
10. SPECIAL OFFERS
10.1 Edusmart shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
10.2 If Edusmart supplies the wrong product or if the product is in any way faulty or damaged, Edusmart 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 Edusmart will refund the purchase price including delivery costs.
11. VOUCHERS
11.1 Vouchers cannot be exchanged for cash and is not transferable or assignable.
11.2 Vouchers must be redeemed at www.Edusmart.co.za towards the purchase of products listed in the online Edusmart catalogue.
11.3 Multiple vouchers can be used per transaction.
11.4 Vouchers cannot be redeemed with orders already placed with Edusmart.
11.5 Promotional vouchers are issued at Edusmart's own discretion.
11.6 Customers do not have a right to promotional vouchers and vouchers cannot be earned.
11.7 Vouchers can only be redeemed while they are valid and expiry dates cannot be extended.
12. GUARANTEE
12.1 If Edusmart supply the wrong product or if the product is in any way damaged or faulty as a result of a manufacturing defect, Edusmart will exchange it for the correct one within 14 days of receipt by the customer. Edusmart will make a reasonable effort to exchange the product, but if replacement is not possible, Edusmart will refund the purchase price including delivery cost. Please note: goods are not guaranteed against faults resulting from normal wear and tear.
12.2 Special offers: If Edusmart supplies the wrong product or if the product is in any way faulty or damaged, Edusmart 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 we will refund the buyer's purchase price including delivery costs.
12.3 If the user is not satisfied with his/her choice and the product is still in mint condition, the user may return it within 14 days of receipt by the customer and Edusmart will refund the purchase price (excluding delivery costs). No item costing more than R500 will be accepted as a return under this provision.
13. GOVERNING LAW
13.1 This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.
14. PRIVACY
14.1 Edusmart may electronically collect, store and use the following personal information of Users:
14.1.1 name and surname;
14.1.2 birth date;
14.1.3 city;
14.1.4 e-mail address;
14.1.5 IP address; and
14.1.6 ID number / passport number.
14.2 Edusmart collects, stores and uses the abovementioned information for the following purposes:
14.2.1 subject to the User's consent, inform the User of facts relating to his/her access and use of the
Edusmart website;
14.2.2 subject to the User's consent, inform the User about competitions and special offers from Edusmart and/or its partners / affiliates;
14.2.3 to compile non-personal statistical information about browsing habits, click-patterns and access to the Edusmart web site.
14.2.4 to verify the identity of the User when transacting with Edusmart
14.2.5 to ensure that the goods are received by the addressee
14.3 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.
14.4 The User may elect not to receive any communications from Edusmart and/or its partners / affiliates.
14.5 Edusmart may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
14.5.1 Edusmart shall not disclose personal information from Users unless the User consents thereto;
14.5.2 Edusmart shall disclose information without the User's consent only through due legal process; and
14.5.3 Edusmart may compile, use and share any information that does not relate to any specific individual.
14.6 Edusmart owns and retains all rights to non-personal statistical information collected and compiled by Edusmart.
15. SECURITY
15.1 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 prosecuted and civil damages shall be claimed in the event that Edusmart suffers any damage or loss.
15.2 The user agrees and warrants that its log-in name and password shall:
15.2.1 be used for personal use only; and
15.2.2 not be disclosed to any third party.
15.3 The user allows Edusmart to take all reasonable steps to ensure the integrity and security of the Edusmart site and back-office applications.
15.4 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.
16. CHANGES TO AGREEMENT
16.1 Edusmart may, in its sole discretion, change this agreement or any part thereof at any time without notice.
17. DOMICILIUM
17.1 Edusmart chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Cnr Mopani & Old Jhb Road Close, Centurion, South Africa.
18. TERM AND TERMINATION
18.1 This agreement shall commence when the user registers on the Edusmart site and continues indefinitely until terminated by Edusmart.
19. GENERAL INFORMATION
19.1 Edusmart is a division of Galileo Books. Members: R Booyens, C Schutte
© Edusmart 2006
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