Terms of service

FULL TERMS & CONDITIONS

Introduction

We are Everything Outdoors (Pty) Ltd (‘Company,’ ‘we,’ ‘us’ or ‘our’), a company registered in the Republic of South Africa. We operate the website www.eoutdoors.co.za (the ‘Site’), as well as any other related products and services , including those that refer or link to the legal terms and conditions  contained herein (“the Legal Terms”). The Site and related products and services are referred to collectively as the Services, . You can contact us by phone on 012 327 3553 or 066 219 5535, email at sales@eoutdoors.co.za, or mail to

Everything Outdoors (Pty) Ltd
249 Luttig Street
Pretoria West
Pretoria
0183
South Africa.

The Legal Terms govern your use of this Site. The Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and Everything Outdoors (Pty) Ltd, concerning your access to and use of the Services. By accessing the Site and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by all these Legal Terms.

IF YOU DO NOT AGREE WITH ANY OF THE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING THE SITE AND/OR USING THE SERVICES AND YOU MUST DISCONTINUE ACCESS AND/OR USE IMMEDIATELY.

We reserve the right, in our sole discretion, to revise, or make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms. You waive the right to receive specific notice of each such change. Supplementary terms and conditions, changes, modifications or documents that are posted on this Site from time to time are hereby expressly incorporated in the Legal Terms, by reference. It is your responsibility to review the Legal Terms each time you access and/or use the Services, to ensure that you are familiar with the latest version of the Legal Terms Your access to the Site and/or use of the Services is governed by, the latest version of the Legal Terms at the time of such access or use , and you will be deemed to be aware of and to have accepted the latest version of the Legal Terms by your continued use of the Services after the date any revision, change or modification to the Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

This website uses cookies. By using this website and agreeing to these Legal Terms, you consent to our use of cookies.

COMPLIANCE WITH LAWS OUTSIDE SOUTH AFRICA

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulations or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent, such local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property


Unless otherwise stated, we and/or our licensors own the intellectual property rights in our Services, including but not restricted to, all source code, databases, functionality, software, website designs, audio, video, text, photographs, material, and graphics in the Services (collectively the ‘Content’) as well as the trademarks, service marks, and logos contained therein (the ‘Marks’). Subject to the license below, all these intellectual property rights are reserved.

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties globally. The Content and Marks are provided in or through the services ‘AS IS’ for your personal, non-commercial use only.

YOUR USE OF THE SERVICES


Subject to your compliance with these Legal Terms, including the PROHIBITED ACTIVITIES section below, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

• Republish material from the Site (including republication on another website);
• Sell, rent or sub-license material from the Site;
• Show any material from the Site in public;
• Reproduce, duplicate, copy, or otherwise exploit material on the Site commercial purposes;
• Edit or otherwise modify any material on the Site; or
• Redistribute material from the Site except for content specifically and expressly made available for redistribution (Where content is specifically made available for redistribution, it may only be redistributed within your organization).

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

If you wish to make any use of the Services, Contents, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to sales@eoutdoors.co.za. If we grant you permission to post, reproduce or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Service Content or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

You may not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site, or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You may not use this Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Site without our express written consent.
You may not use this Site to transmit or send unsolicited commercial communications.

You may not use this Site for any purposes related to marketing without our express written consent.

Any breach of the Content or Marks will constitute a material breach of the Legal Terms and your right to use our Services will terminate immediately, without prejudice to any of our rights that arise from such breach.

PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available as part of the Services, (“the Displayed Product”). However, we do not guarantee that the colours, features, specifications, and details of the products (collectively “the Quality”), will be identical to the Displayed Product, or that the Displayed Product is accurate, complete, reliable, current, or free of other errors. The Displayed Product may not accurately reflect the Quality of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock.

We reserve the right to discontinue any products at any time for any reason.

PURCHASES AND PAYMENT

How does the Payment Process work?

Your order is important to us, and we value your patronage
This Site uses Peach Payment as a payment gateway, which verifies most Credit/Debit Cards (Master/Visa) cards in South Africa. The Site further provides customers with an EFT option to make payment.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to update account and payment information promptly, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed. Value Added tax (“VAT”) will be added to the price of purchases as deemed necessary, by us. We may change prices at any time. All payments shall be in South African Rand.

You agree to pay all charges at the prices then in effect for your purchases as well any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts, upon you placing your order.

We reserve the right to correct any errors or mistakes in pricing even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services.

We may, in our sole discretion limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that in our sole judgment appear to be placed by dealers, resellers, or distributors.
We will only dispatch goods to you upon reflection of your funds in our bank account(s).

SHIPPING POLICY AND DISCLAIMER

We use 3rd Party Couriers for deliveries. Products in the store will take approximately 1–10 working days to be delivered. Products not in-store will take approximately 1–14 working days to be delivered, provided that the supplier has stock. We will not be held liable for any delays in deliveries. Unfortunately, orders will not be shipped on weekends or Public Holidays.

In order to effect a delivery, we require the following information from you, the customer:

• Name and Surname Physical address and correct postal code of the area to be delivered. Please note that the 3rd party Couriers that we utilise require the correct postal code.
• Cellular Contact Number
• E – mail address

 We will take all reasonable steps to ensure  that packaging of the products  is done in a manner that protects the products during the travel and delivery process, the You (or any consignee nominated by you and/or yours or the nominated consignee’s representative) is, required, to inspect the products carefully prior to accepting delivery of the order, to inspect the products to identify damage, and also  to verify that the products and the quantity thereof are correct and in accordance  with the order. Once the waybill is signed by you, your nominated consignee; your representative or the representative of the consignee ,without specifying any damage, incorrect or missing products,  Everything Outdoors (Pty) Ltd will  not  be liable for to you for any damage to the products, or any products not delivered or not in accordance with the order

We will ship your order for a flat rate of R110.00 (This amount can be changed periodically, without notice) provided that:

• It is a single parcel,
• has a maximum weight of 10kg
• is delivered to an address (not being a plot or a farm) within the Republic of South Africa
•  and is an area that our 3rd Party Couriers specifically deliver to.

Anything in excess will incur additional delivery costs . Our sales team will provide information to you (on request) regarding the additional costs.

Deliveries to plots and farms within South Africa are not guaranteed and must first be confirmed by our 3rd party Couriers and agreed to by us. A rate of R520.00 for a single parcel up to 10 kg will be charged for delivery to plots and farms.

RETURN POLICY

Should you be dissatisfied with the products that you have received via the Site, you must advise us in writing thereof within 5 days of delivery.

Damaged Goods


Should you receive delivery of your order and discover that the goods are damaged, and provided you have not signed an acceptance of the waybill of the third-party Courier, please contact us via email at sales@eoutdoors.co.za or WhatsApp us at 066 219 5535 and attach images of the damaged items. Subject to our return conditions, we will replace the merchandise with a new product or provide a full refund, including all costs of transporting the goods.

Unsatisfactory Product


Should you receive goods in good condition, and you are, however, not satisfied with the product or it does not meet your expectations, you may return the item at your own cost, within five days of delivery. In this instance, you will only be refunded the cost of the goods, less a fifteen (15%) handling fee.

Return Conditions


A refund will be processed once we have received and inspected the returned goods to ensure they are unused and in their original packaging.
We unfortunately do not accept the return of goods of hazardous materials, flammable liquids, or gas. Please do not hesitate to contact us if you require any further details.

PRIVACY POLICY

Information we obtain.

When you register on our Site and or place an order, enter a competition or partake in an enquiry or respond to a marketing campaign/ communication, we may require some or all the following information. 
    •    Name and Surname
    •    Physical address and correct postal code of the area to be delivered.
    •    Cellular Contact Number
    •    Payment method and
    •    Account and payment information
    •    Payment card details (if applicable)
    •    Payment card expiration date (if applicable)

All payments are processed securely via Peach Payment.

This website uses cookies. By using this Site and agreeing to these Legal Terms, you consent to our use of cookies.

Utilisation of your information

We may use the data that we gather from you, upon registration on our Site and or, if you place an order, enter a competition or partake in an enquiry or respond to a marketing campaign/ communication, surf the website, or use our Site for the following purposes:

• To individualise your encounter of our Site
• To permit us to improve our service to our valued customers
• To promptly sanction your transactions
• To allow us to manage, an enquiry, other Site attributes, a marketing campaign or communication.

In the event that you have opted – in to receive our e – mail newsletter and or other promotional material, (as and when we decide to distribute it), we will send an e – mail to you. If you wish not to receive our e – mail newsletter you must actively choose to opt out. Should you opt to obtain any specific promotional options or specific “members only” communication, you will be provided with a choice on opting receipt of e – mails or not.

Protection of your information.

Shopify is our Site platform and reasonable steps are taken to maintain the safety of your personal information. This Site uses Peach Payment as a payment gateway, which verifies most Credit/Debit Cards (Master/Visa) cards in South Africa. The Site further provides customers with an EFT option to make payment. All sensitive/credit information that you supply when placing an order is transmitted via Peach Payments.  

Disclosure of your information.

We do not sell, trade or otherwise transfer your personal identifiable information to an ‘external party,’ (an external party does not include www.eoutdoors.co.za), except for the following:

• When we consider that release is suitable in order to comply to the law
• When we wish to implement Site policies or guard our or other’s rights, property or security.

Changes to our policy

Should our policy change, we will post such changes on this Site. Policy adjustments will relate only to data collected subsequent to the date of such change. Your access to the Site and/or use of the Services  is  governed by, the latest version of the Legal Terms at the time of such access or use ,  and you  will be deemed to be  aware of and to have accepted the latest version of the  Legal Terms by your continued use of the Services after the date any revision, change or modification to  the Legal Terms are posted.

Your Consent

By using our site www.eoutdoors.co.za you consent to our Privacy Policy and Legal Terms.

 WARRANTY DISCLAIMER

The warranty agreement lies with the specific supplier involved and not with Everything Outdoors (Pty) Ltd as a store. The warranty applies only to the original owner and is not transferable. (proof of purchase has to be provided on presentation of the claim). The supplier will replace the defective product with a product of a quality or nature and a similar level will repair or refund the purchase price (after the presentation of the proof of purchase of the product), in its sole discretion. Non-defective components are replaced at your expense. In such a case, we will contact you before replacing the non-defective part for your agreement. The warranty does not cover any labour charges for part replacement or changeover. The client is responsible for shipping costs of the product to and from us. If the client is willing to take the product to the nearest local dealer, they are welcome to do so for warranty purposes.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or provided by us.
As a user of the Services you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation database, or directory without written permission from us.
• Trick, defraud or mislead us and other users, especially attempting to gain access to  sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use of use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
•  Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any person’s uninterrupted use and enjoyment of the Services or modifies, impairs disrupts, alters or interferes with the use features functions operations or maintenance of the Services.
• Delete the copyright or other proprietary rights notice from any content.
• Attempt to impersonate another user or person or use the username of another user.

SECURITY

We take reasonable security precautions to protect our website and all your information from unauthorized access, beach or theft. However, in the event of a data breach or if our site is hijacked, Everything Outdoors (PTY) Ltd will not be liable for any loss or damage resulting from such incidents

LIMITATIONS OF LIABILITY

We will not be liable to you (whether under the law of contract, the law of delict or otherwise) concerning the contents of, or use of, or otherwise in connection with, the Site:
    •    For any direct loss;
    •    For any indirect, special, or consequential loss; or
    •    For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Site disclaimer will exclude or limit our liability concerning any

• Fraud or fraudulent misrepresentation by us; or
• Matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit our liability.

REASONABLENESS

By using the Site, you agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable. If you do not think they are reasonable, you must not use this Site.

OTHER PARTIES

You accept that, as a limited liability entity, Everything Outdoors (Pty) Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers, consultants or employees in respect of any losses you suffer in connection with the Site.

UNENFORCEABLE PROVISIONS

If any provision of these Legal terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Legal Terms

INDEMNITY

You hereby indemnify Everything Outdoors (PTY) Ltd and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of Everything Outdoors (PTY) Ltd.’s legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Legal Terms or arising out of any claim that you have breached any provision of these Legal Terms.

OUR RIGHTS IN THE EVENT OF BREACHES OF THESE LEGAL TERMS

Without prejudice to Everything Outdoors (PTY) Ltd.’s other rights under these Legal Terms or at law, , if you breach these Legal Terms  in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site  and/or bringing court proceedings against you.

ASSIGNMENT

We may transfer, subcontract, or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, subcontract or otherwise deal with your rights and/or obligations under these Legal Terms

ENTIRE AGREEMENT

These Legal terms constitute the entire agreement between you (the client) and Everything Outdoors (PTY) Ltd in relation to your use of this Site and supersede all previous agreements in respect of your use of the Services