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OUR
TERMS & CONDITIONS - VERSION 1.1
1. COPYRIGHT
1.1. Copyright 2004 © The Next Step Trading CC, 54 Antigo Falls, Lingerette St, Sunninghill, South Africa, 2157. All
rights not expressly granted are reserved. To obtain
permissions for the commercial use of any content on this
site contact Fabio Salvador at +27 83 652 4042 or e-mail fabios@boardgames.co.za.
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 The Next Step Trading CC and its
employees/agents are reserved.
1.4. The Next Step Trading CC cannot screen or edit all the content
available from the The Next Step Trading CC site and does not
accept any liability for illegal, defamatory or obscene
content. Users are encouraged to inform The Next Step
Trading CC of
any content that may be offensive or illegal.
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
The Next Step Trading CC and as such are protected from
infringement by local and international legislation and
treaties.
3. ELECTRONIC COMMUNICATIONS
3.1. When a user visits The Next Step Trading CC or sends e-mails
to The Next Step Trading CC, that user consents to receiving
communications from The Next Step Trading CC electronically and
agrees that all agreements, notices, disclosures and other
communications sent by The Next Step Trading CC satisfies any legal
requirements, including but not limited, to the requirement
that such communications should be "in writing".
4. HYPERLINKS
4.1. Hyperlinks provided on this site to
non-The Next Step Trading CC sites are provided as is and
The Next Step Trading CC does not necessarily agree with, edit or
sponsor the content on such web pages.
5. FRAMING
5.1. No person, business or web site may frame
this site or any of the pages on this site in any way
whatsoever.
6. DISCLAIMER
6.1. Apart from the provisions of sections 43(5)
and 43(6) of the Electronic Communications and Transactions
Act, neither The Next Step Trading CC 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,
The Next Step Trading CC 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.
6.2. 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
The Next Step Trading CC 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.
6.3. Information, ideas and opinions expressed on this site
should not be regarded as professional advice or the
official opinion of The Next Step Trading CC and users are
encouraged to consult professional advice before taking any
course of action related to information, ideas or opinions
expressed on this site.
6.4. All items purchased from The Next Step Trading CC are made
pursuant to agreements with shipping and delivery agents and
risk of loss pass from The Next Step Trading CC to such agents upon
acceptance of items by customer from shipping agent.
6.5. Neither The Next Step Trading CC 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.
7. COSTS
7.1. PRICES:
7.1.1. The price of each product is displayed with the
product on the website. The prices of each product may
change from time to time. The price listed on the website at
time of purchase is the valid price.
7.2. SHIPPING COSTS
7.2.1. The cost of shipping within the borders of South
Africa is included in the prices listed on the website.
7.2.2. No goods are shipped outside the borders of South
Africa
8. VALUE ADDED TAX
8.1. Value Added tax at the rate of 14% is
charged on goods.
9. DELIVERIES
9.1. Inside the borders of South Africa
9.1.1. Orders are shipped by First Freight Couriers (Pty)
Ltd
9.1.2. Orders are couriered to the door of the customer
using a 4 day delivery service (2 days to major centres)
9.1.3. Orders are assigned a tracking number (waybill
number) that can be tracked by First Freight Couriers (Pty)
Ltd
10. DELAYS AND CANCELLATIONS
10.1. The Next Step Trading CC makes every effort to
assure that the information supplied on the site is
accurate. Where delays and out of stock situations occur,
every effort will be made to inform the buyer. The Next Step
Trading CC will not be held liable for any losses resulting from
delays in shipping.
11. PAYMENT METHODS
11.1. Credit card payments.
11.1.1. At the time of placing the order, the transaction
details are presented to Virtual Card Services (http://www.vcs.co.za)
and an authorization is obtained for the amount of the
order.
11.1.2. Payment is only collected when the order is
confirmed.
11.1.3. Note that to protect its own interests and the
interests of customers, The Next Step Trading CC scrutinizes all
transactions very carefully to prevent attempted fraud and a
transaction may be refused if The Next Step Trading CC is not
satisfied with it's legitimacy.
11.2. Bank deposit payments.
11.2.1. If the buyer selects the 'pay via bank deposit'
button, instructions will be given on how to deposit monies
into the The Next Step Trading CC bank account and would it be
subject to the following rules:
11.2.1.1. The exact amount must be paid
11.2.1.2. The payment must be identified by supplying the
surname in the reference section of the deposit slip or on
the electronic transfer.
11.2.1.3. No transfers must be made from ATM's
11.2.1.4. No Cheque payments will be accepted
11.2.1.5. Goods will only be shipped once the fund transfer
is confirmed by the bank
12. AGREEMENTS OF SALE
12.1. Placing an item in a shopping basket or
adding it to a wishlist without completing the purchase
cycle does not:
12.1.1. constitute an agreement of sale between The Next
Step Trading CC and users cannot hold The Next Step Trading
CC liable if
such items are not available when the purchase cycle is
completed later; and/or
12.1.2. constitute an order for such an item; and
12.1.3. The Next Step Trading CC may remove such an item from the
shopping basket or wishlist if no stock is available.
12.2. An agreement of sale between The Next Step Trading CC and a
user only comes into effect if and when:
12.2.1. A credit card authorisation is received from the
issuing bank; or
12.2.2. A deposit of an electronic transfer is reflected on
The Next Step Trading CC's bank statement (and only if such payment
is received within 5 (five) business days after completion
of the purchase cycle); or
12.2.3. A direct deposit is reflected on The Next Step
Trading CC's
bank statement (and only if such payment is received within
5 (five) business days after completion of the purchase
cycle.
12.3. The Next Step Trading CC reserves the right to refuse to
accept and/or execute an order without giving any reasons.
The Next Step Trading CC also reserves the right to cancel orders
in whole or in part as circumstances dictate. The Next Step
Trading CC shall only be liable to refund monies already paid by the
user.
12.4. The Next Step Trading CC shall take all reasonable efforts to
maintain correct prices. However, should errors occur and
items are offered at incorrect prices, The Next Step Trading
CC
will not be obliged to sell goods at such incorrect prices
and shall only be liable to refund monies paid.
13. REFUND AND RETURN POLICY
13.1. No Returns or Refunds will be accepted on
any products unless damaged during shipping.
13.1.1. By signing the Waybill on delivery of the products,
the buyer accepts that the products are in good order and
condition.
13.2. In the unlikely event that components are missing from
products, the missing components will be replaced at no
charge. The request for replacement must be made to
The Next Step Trading CC within 3 business days of receipt of the
product by the customer.
14. STOCK AVAILABILITY
14.1. Stocks of all goods on offer are limited.
The Next Step Trading CC 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, The Next Step Trading CC shall only be liable to
refund monies where it is unable to fulfil orders at
advertised prices.
15. GOVERNING LAW
15.1. This site is governed by the laws of the
Republic of South Africa
16. PRIVACY
16.1. The Next Step Trading CC shall take all reasonable steps to
protect the personal information of Users. For the purpose
of this clause, "personal information" shall be defined as
detailed in the Promotion of Access to Information Act 2 of
2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
16.2. The Next Step Trading CC may electronically collect, store
and use the following personal information of Users:
16.2.1. name and surname;
16.2.2. birth date;
16.2.3. gender;
16.2.4. country of residence;
16.2.5. closest city;
16.2.6. non-personal browsing habits and click patterns;
16.2.7. e-mail address; and
16.2.8. IP address.
16.3. The Next Step Trading CC collects, stores and uses the
abovementioned information for the following purposes:
16.3.1. to greet the User when he/she accesses the
The Next Step Trading CC web site;
16.3.2. subject to the User's consent, inform the User of
facts relating to his/her access and use of the The Next
Step Trading CC website;
16.3.3. subject to the User's consent, inform the User about
competitions and special offers from The Next Step Trading
CC
and/or its partners / affiliates;
16.3.4. to compile non-personal statistical information
about browsing habits, click-patterns and access to the
The Next Step Trading CC web site.
16.4. 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.
16.5. The User may elect not to receive any communications
from The Next Step Trading CC and/or its partners / affiliates.
16.6. The Next Step Trading CC may collect, maintain, save,
compile, share, disclose and sell any information collected
from users, subject to the following provisions:
16.6.1. The Next Step Trading CC shall not disclose personal
information from Users unless the User consents thereto;
16.6.2. The Next Step Trading CC shall disclose information without
the User's consent only through due legal process; and
16.7. The Next Step Trading CC may compile, use and share any
information that does not relate to any specific individual.
16.8. The Next Step Trading CC owns and retains all rights to
non-personal statistical information collected and compiled
by The Next Step Trading CC.
17. SECURITY
17.1. 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 The Next Step Trading CC suffers any damage or loss.
17.2. The user agrees and warrants that its log-in name and
password shall:
17.2.1. be used for personal use only; and
17.2.2. not be disclosed to any third party.
17.3. The user allows The Next Step Trading CC to take all
reasonable steps to ensure the integrity and security of the
The Next Step Trading CC site and back-office applications.
17.4. All credit card transactions are processed by Virtual
Card Services.
18. CHANGES TO AGREEMENT
18.1. The Next Step Trading CC may, in its sole discretion, change
this agreement or any part thereof at any time without
notice.
19. DISPUTES
19.1. 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 The Next Step Trading
CC, 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 Johannesburg in English.
The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.
20. DOMICILIUM
20.1. The Next Step Trading CC 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, 54 Antigo Falls,
Lingerette Street, Sunninghill, 2157.
21. TERM AND TERMINATION
21.1. This agreement shall commence when the user visits the
Boardgames.co.za website and continues indefinitely
until terminated by The Next Step Trading CC in terms of clause 22
hereto or for any other reason.
22. GENERAL INFORMATION
22.1. The Next Step Trading CC t/a The Next Step. Reg. No: CK
2003/083460/23 VAT No.: 4330210776
23. SECTION
51 MANUAL
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