Introduction

By accessing or using this site, you (the “Customer”) indicate your unconditional acceptance of these Terms of use (the “Terms of Use”). We reserve the right, in our sole discretion, to update or revise these Terms of Use. Your continued use of the site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. When you purchase items on our site you enter into a binding agreement which is governed by the Terms of Use.

Minimum Requirements

To place an order with Out of Africa Trading PTY Ltd, you are confirming that you are of the legal capacity to enter into a contract with Out of Africa Trading PTY Ltd (of the correct age, have authority to use the Credit Card if payment made by credit Card, etc)

Effect

These Terms of Use shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms of Use shall be binding unless agreed in writing signed by us.

Sales and Pricing

  • Final checkout prices shown are inclusive of taxes and delivery and are normally representative of the total that you will pay for the ordered Product. You agree to pay the shown price for the products selected.
  • Out of Africa Trading PTY Ltd reserves the right to change prices at any time until such a time as they issue an “Acceptance of Order” notice. If the total price differs to what was shown at checkout you reserve the right to ask for a full refund instead of paying the difference. Your Order remains valid as an offer until we issue our Acceptance of Order. We shall not be under any obligation to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Confirmation of your Order by us is purely for information purposes

and does not constitute the Acceptance of Order. Delivery of the Order also constitutes the Acceptance of Order.

  • We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
  • You shall pay for the Product in full at the time of ordering. Either by EFT or if this facility is offered by us, by supplying us with your credit or debit card details from a credit card company acceptable to us. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. We reserve the right to perform a credit check and to reject/not to offer certain forms of payment and to refer you to our other forms of payment.
  • We may ask for further proof that you are fully entitled to use a card (or other form of payment) that you have used to purchase the Products before releasing your Product.
  • It is your responsibility to ensure that all details you have supplied us are correct and continue to be accurate. Any costs that may arise out incorrect details will be for the Customer’s account.
  • If you realize that you have made a mistake with your Order after you have completed the checkout process, please contact info@outofafricatrading.co.za immediately. However, we cannot guarantee that we will be able to accept any changes to your Order in accordance with your instructions.
  • In cases where there are more than one item on your Order, we reserve the right not to supply some Items that make up your complete Order. In such a case we will only refund you for the items that are not available.

Delivery & Returns

  • We aim to deliver the Product to you at the place of delivery requested by you during checkout.
  • We aim to deliver the item to you as quickly as possible.
  • We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
  • On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You must keep the receipt of the delivered product if you want to discuss the item further with us.
  • Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the Order or delivery to an alternative delivery address.
  • All risk and ownership of the Product shall pass onto you on delivery of the product. If you are not available to take delivery at the address you supplied (or delivery has not been able to take place by your fault) all risk and ownership will be passed to you from the time delivery was originally intended. From this point on Out of Africa Trading PTY Ltd is no longer liable for any loss or damage to the product.
  • Any damage incurred when opening the product is your fault and Out of Africa Trading PTY Ltd will not be liable. Please take care when using sharp objects.
  • If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier. Costs for redelivery may be passed onto you.
  • At any stage during the delivery process, until you take delivery of the goods, Out of Africa Trading PTY Ltd may choose to cancel the order.
  • We do not warrant that products will suit your individual needs. We sell products without consideration for their end use.
  • If you feel you wish to return a product please reach out to Out of Africa Trading PTY Ltd customer service team. Returns may be accepted for two reasons: customer decision or faulty product.
  • Returns (where accepted) need to be dispatched back to us within 14 normal days of originally taking delivery. This includes any weekends and/or public holidays. In order for you return to be valid we need to have received a tracking number or the original product within this 14 day window.
  • Out of Africa Trading PTY Ltd reserves the right to change the returns policy at any stage without warning. It is the customer’s responsibility to ensure that they are aware of the returns policy at checkout.
  • Different Items or Events may have different returns policies.
  • The cost of returning the Item is for the customer’s account.
  • We do not accept returns if the item is no longer in its original condition.
  • Out of Africa Trading PTY Ltd reserves the right not to accept returns for any reasonable reason. If the return has not been delivered to Out of Africa Trading PTY Ltd 7 normal days after first receiving the tracking number Out of Africa Trading PTY Ltd  may assume the product will not be delivered and close off the application to return.

Cancellation

  • We reserve the right, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Out of Africa Trading PTY Ltd, in whole or in part, if the

Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.

  • We will usually aim to refund any money received from you using the same method originally used by you to pay for the product.
  • If fraud is suspected we may choose not to refund the payment but rather contact the police and relevant banking authority immediately.

Force Majeure

Out of Africa Trading shall not be liable for any delay in performing any of its obligations under these
Terms of Use if such delay is caused by circumstances beyond the reasonable control of and Out of
Africa Trading PTY Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.

Product Damaged on Arrival

  • Our products will be delivered in a new or original condition unless specifically stated otherwise. If you feel the product that has been delivered is not in its original condition please reach out to our customer service team immediately who will try to rectify the issue.
  • Please inspect the product before signing for delivery. If you sign for a product on delivery you are agreeing that you are happy with the obvious condition of the product that you have received.

Stock Availability

  • Out of Africa Trading PTY Ltd, will indicate the acceptance of your order by delivering the goods to you, and only at that point will an agreement of sale between you and Out of Africa Trading PTY Ltd come into effect (the ‘sale’).
  • This is regardless of any communication stating that your order or payment has been confirmed. Out of Africa Trading PTY Ltd will indicate the rejection of your order by contacting you first, then cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  • You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice to you. In the case of goods for sale by Out of Africa Trading PTY Ltd, Out of Africa Trading PTY Ltd will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the website.
  • However, we cannot guarantee the availability of stock. When goods are no longer available after placing an order, Out of Africa Trading PTY Ltd will notify you and you will be entitled to a refund of the amount paid by you for such goods.
  • Out of Africa Trading PTY Ltd obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order.

Reserved Cart

Placing Goods in the shopping cart without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold Out of Africa Trading  liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
all products you are purchasing you will forfeit the remainder of the voucher.

Security

  • Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Out of Africa Trading PTY Ltd suffers any damage or loss.
  • You allow Out of Africa Trading PTY Ltd to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
  • Out of Africa Trading PTY Ltd does not access any confidential information about your means of payment.

Disputes

Between you and Out of Africa Trading. Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Out of Africa Trading PTY Ltd on any matter provided for in, or arising out of these Terms of Use, and not resolved through the Out of Africa Trading Customer Service Team, then such a dispute shall be submitted to confidential arbitration in terms of the
expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf

Address for Notices

Out of Africa Trading  chooses as its address for all purposes under these Terms of Use, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following email address: info@outofafricatrading.co.za. If you require a PO Box address please enquire with Out of Africa Trading PTY Ltd

Copyright Notice

Out of Africa Trading PTY Ltd   – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Out of Africa Trading PTY Ltd