GENERAL TERMS AND CONDITIONS

Last modified: 24 March 2017

Please take a moment to read these general terms and conditions (the “General Terms”) to understand how they apply to your installation, access and/or use of our websites, mobi sites, and/or apps (collectively “the Services”) for information or shopping purposes.

If you have any questions regarding these General Terms please contact us.

Who Owns the Services?
The Services are owned and operated by Corpclo 1014cc t/a theDIYshop.co.za, a company registered in the Republic of South Africa (Reg. No. 2000/044076/23), which has its registered office at 4a Hamilton Ave, Craighall Park, South Africa.All rights and/or defences afforded to us in these General Terms shall stand to the benefit of Corpclo 1014cc.

Terms and Conditions Apply
These General Terms apply to your use of the Services and incorporate the Online Shopping Terms, as well as our privacy policy which may also apply to you, so please take a moment to read them. By using the Services, you acknowledge that you have read and understood these General Terms and agree to be bound by them.

Amended or Updated Terms
We may periodically update or change the General Terms, without notice. You should check them from time to time as your continued use of our Services will mean you accept any updated or revised General Terms.

Law and Arbitration
These General Terms are governed by the laws of the Republic of South Africa. Any dispute arising in relation to these General Terms shall, to the extent permitted by law, be referred to arbitration in Johannesburg at a venue of our choice applying the Uniform Rules of the High Court of South Africa.

Our Services
You are welcome to browse or use our Services for your own personal, non-commercial, shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of any of our websites, mobi sites or apps, the uploading of any unlawful or damaging information or viral software or the creation of any links to our websites, mobi sites or apps is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Services and/or the contents of our websites, mobi sites or apps contrary to these General Terms.

We reserve the right to suspend our Services or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Services in compliance with these General Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.

Use of our Services Outside South Africa
Customers who are not resident in South Africa are welcome to use our Services in accordance with these General Terms to make online purchases provided that the delivery address is in South Africa.

Marketing
We send out various newsletters and other marketing material. You are free to unsubscribe from any marketing material at any stage. It may take up to 21 days for your profile to be updated.

Personal Information and Privacy
Your privacy matters to us and we are committed to the protection of your personal information.

Accuracy of Content
All reasonable steps are taken to ensure that the information accessed via our Services is accurate and up-to-date.  We do not however warrant that the content or information displayed is always accurate, complete and/or current.

Any comments uploaded by users or any authorised experts are their opinions alone and do not necessarily represent our views, opinions, beliefs or values. If you wish to make an investment decision regarding our group of companies, please consult your stockbroker or financial adviser.

Your Comments
We value your comments, ideas, suggestions and feedback. By sending us your comments you agree that we may use them for commercial purposes (including using them to endorse our products, stores or brands) without any compensation to you and you grant us a non-exclusive license to do this. We will not respond to or maintain your comments.

You agree not to post comments which violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your comments.

Intellectual Property
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on our websites, mobi sites or apps are owned by or licensed to us. Unauthorised use, reproduction, modification and/or distribution of the content thereof is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

Advertising and Hyperlinks
External hyperlinks may appear on our websites, mobi sites or apps. We do not necessarily have a relationship with any third party which is linked to our website, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third party material is entirely at your own risk.

Disclaimers and Exclusions of Liability
Use of our Services is entirely at your own risk. 
We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Services will be uninterrupted or error free, or that the Services or the servers that make them available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Services or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Services and/or your purchase of any products or services.

Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via the Services.

Online Registration
You are required to register with us before placing your first order online. Please click on Register to complete the registration form. Registration and/or use of our online shopping services constitutes your acceptance and agreement to be bound by these and the General Terms of our Services.

To register you will be required to provide certain personal information including personal and payment card details, as well as an email address and password. Please keep your personal information secure. We accept no liability for any damages suffered or losses incurred from the unauthorised use of your personal information. You will be required to enter your email address and password each time you visit our online shopping site. To amend any of your details, please go to “My Account”.

Product Sales and Availability
All products displayed on our website, mobi site and apps are subject to availability and will be delivered only within the Republic of South Africa to areas where we deliver. All prices shown on our website, mobi site or apps are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.

Content Errors
We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website, mobi site and/or apps. Packaging may vary from that shown on our website, mobi site and apps.

Gift cards
Gift cards may be purchased online and are subject to their own terms and conditions. No refunds are permitted.

The use of this Gift card constitutes acceptance of the following terms and conditions.

  • This card is only exchangeable for merchandise and may not be refunded or redeemed for cash.

  • No cash change will be given.

  • This card may not be redeemed against purchases made at Engen or Woolworths stores outside of the Republic of South Africa.

  • This card is valid for 36 months from the date of purchase.

  • This card may not be used to make payments into any Woolworths account or Woolworths Loan or Visa account or utilities account.

Pricing
You will be charged the prices that are reflected on our website, mobi site and/or apps, subject to availability and delivery address. Prices and promotions may vary depending on whether you have access to our Services via our website, mobi site or apps. Certain products are variable/random mass items. The average mass of such products may be indicated online as a guide to the cost; you will be charged slightly more or less, depending on the actual weight of the product delivered to you. The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Special promotions apply only to items on your original order (i.e. not on items which are added after the order was placed).

Payment
When you place your order, funds equal to the total value of your order will be reserved against the card you are paying with during the checkout process or you will be required to pay via EFT.

By submitting your order, identity number and payment card details you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.

Stock Availability
We cannot always guarantee stock availability and will deliver a substitute product, if possible, where you have authorised us to do so. If we are unable to supply certain items or quantities ordered, you nevertheless agree to accept delivery and make payment for the items delivered.

Confirmation of Orders
Your offer is deemed to be accepted when you receive an order confirmation.

Delivery
Deliveries are made Monday to Friday, 8 a.m. - 4 p.m., please contact the our offices for special arrangements for details.

Wine deliveries may not be legally permitted on Sundays in certain provinces. In the Western Cape, wine may only be delivered after 11 a.m. on Sundays.

In general, items delivered within three to five days.

On delivery, you will receive our delivery note from the courier.  You will receive by email a detailed tax invoice showing the product price details, the delivery fees, Value-Added Tax and the amount debited from your payment card. You or your authorised representative will be asked to sign a duplicate copy of the delivery note to confirm receipt. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.

Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice. The driver will try to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required. Our liability for any delay in delivery is limited to the initial delivery.

We have outsourced all delivery and collection arrangements to third party service providers. Accordingly, we cannot, to the extent permitted by law, be liable for any loss or damage caused by them.

Returns & Refunds
If you are for any reason dissatisfied with any item purchased online, you may return it to our store within 7 days of purchase for a full refund, replacement or exchange, provided you have the original tax invoice, and it is in a saleable condition. Should you not have an invoice, we will be happy to exchange your purchase at the current system price. Cell phones and accessories and certain other merchandise are covered by separate warranties.

Cancellation
If for any reason you would like to cancel an order this may be done by visiting “Your Orders” on our website, mobi site or apps or by contacting our Customer Services Centre on 011 462 7610. You will only be able to cancel orders before programming has comenced. We may debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will remain liable for the full purchase price, including all related costs. We reserve the right to cancel any sale and/or your registration in the event of a breach of any of these or the General Terms.

Risk and Ownership
Risk in the products shall pass to you or your authorised representative on delivery. We will retain ownership of the products until payment is received in full.