It's all fun and games until someone brings up the terms and conditions...
TERMS AND CONDITIONS
INTRODUCTION
1.1. These Terms govern your access to the website located at https://www.dsugroup.co.za and associated web pages ("Website"). These Terms are a valid and binding contract between you and us. It is therefore important that you read and understand these Terms. You may not access the Website unless you agree to abide by these Terms without modification. By accessing the Website and/or registering on the Website, you signify your agreement to these Terms.
1.2. Important clauses of these Terms, which may limit our responsibility or involve some risk for you are reflected in bold. You must pay special attention to these clauses.
1.3. Please note that these Terms make use of a series of terms and phrases which have specific meanings in these Terms. These terms and phrases are listed below, together with general interpretive principles which are used to interpret these Terms.
1.4. If you have any questions regarding our website, the terms, products or services, please email info@dsugroup.co.za to contact us.
DEFINITIONS
2.1. These Terms may contain several terms and phrases which have a specific meaning in this document. In these Terms, headings are for convenience and shall not be used in its interpretation.
2.2. Unless we indicate to the contrary in these Terms, any references to any gender includes all other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
2.3. The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –
2.3.1. “access” when used in the context of –
2.3.1.1. a website, means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website.
2.3.1.2. content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such content.
2.3.2. “content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your access to the Website.
2.3.3. “Deposit Account” means the deposit account which a customer may have been granted by DSU Group which is subject to various terms and conditions, which you have agreed to when opening the Deposit Account.
2.3.4. “intellectual property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on or in connection with the Website;
2.3.5. “know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with the Website, as well as all available information regarding marketing and promotion of the products and services described in these terms of use, as well as all and any modifications or improvements to any of them.
2.3.6. “Zapper” means the service provider who shall be processing the payments made by the Customer to DSU Group by means of a credit card via the Website.
2.3.7. “post” means to upload, publish, transmit, share, or store.
2.3.8. “Product” means the products which can be purchased on the Website in terms of these Terms and “Products” shall have a similar meaning.
2.3.9. “Terms” means these terms and conditions of use.
2.3.10. “Trade Account” means a 30 (thirty) day incidental credit account, which a customer may have been granted by DSU Group, which is subject to various terms and conditions, which you agreed to when opening up the Trade Account.
2.3.11. “trademark” and “trademarks” means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, taglines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of the same.
2.3.12. “you”, "User" and "Users" means the Website’s users.
2.3.13. “us”, “we” and “DSU Group” means DSU Group (Pty) Ltd, registration number 2023/722305/07, a private company duly incorporated in accordance with the laws of the Republic of South Africa (including our affiliates and subsidiaries).
2.3.14. “Website” means the DSU Group website at https://dsugroup.co.za.
2.4. Any reference in these Terms to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee.
2.5. When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa.
2.6. All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.
AMENDMENTS TO THE WEBSITE
3.1. We reserve the right, in our sole discretion to, and you agree that we may, amend these Terms at any time, in any way and from time to time. We will publish the amended Terms on the Website.
3.2. These amendments shall come into effect immediately and automatically and you will be bound by them. It is your responsibility to review these Terms regularly and to ensure that you familiarise yourself with any amendments to these Terms. If you do not agree with any amendments to these Terms, you may no longer access the Website.
LEGAL AGE AND CAPACITY
4.1. You may not access the Website and may not accept these Terms if you lack the legal capacity to enter a binding contract with us; are a person barred from accessing the Website under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you access the Website.
4.2. In accessing the Website, you represent and warrant that you are of full legal age or are emancipated or have your guardian’s consent to enter into a contract, being these Terms.
WE MAY CHANGE ASPECTS OF THE WEBSITE
5.1. We may add new features and modify or even discontinue existing features without notice to you and at our sole discretion. You agree to this.
5.2. You are free to stop accessing the Website at any time without notifying us. Doing so will not affect the results of or remove the effects of your access to the Website.
PERSONAL INFORMATION
6.1. Please refer to our Privacy Policy for further information about the personal information we collect from you through your access to the Website and how we process this personal information.
6.2. We may ask you to submit your personal information to us through the Website to access aspects of the Website or make use of the services we offer on or through the Website.
6.3. You warrant that the personal information you submit is accurate, current, and complete. You will be denied access to the Website should you breach this warranty or subsequently be found to have breached this warranty.
6.4. We may take steps to verify your personal information which you submit to us. You irrevocably consent to this verification process. You acknowledge and agree that your access to the Website may be limited until such time as the verification process has been successfully completed.
6.5. Should you not agree to the verification process or withhold your consent as contemplated above, your access to the Website, generally, may be suspended or terminated and you waive any claims you may have against us, our officers, directors, employees, servants, agents and/or contractors arising out of our denial of access to you to the Website.
PRIVACY POLICY
7.1. We shall take reasonable steps to protect your personal Information. Details of what personal information we collect, what we do with it and what you should know about submitting personal information when you access the Website can be found in our Privacy Policy. We recommend you read our Privacy Policy very carefully before you access the Website.
ACCEPTABLE USE
8.1. You may not access the Website for or in conjunction with any illegal, unlawful, or immoral purposes or as prohibited by these Terms.
8.2. You may not frame the Website in any way whatsoever without our prior written permission. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules, and regulations regarding your conduct on the Website.
8.3. You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:
8.3.1. engage in any abuse of e-mail or spamming, including, without being limited to –
8.3.1.1. the posting or cross-posting of unsolicited content with the same or substantially the same message to recipients that did not request to receive such messages; and
8.3.1.2. inviting people who you may be connected to using third party services to access the Website where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to join us and accessing the Website or other communications you send them from us).
8.3.2. engage in any activity intended to entice, solicit, or otherwise recruit Website users to join an organization except where we expressly authorize such activities in writing.
8.3.3. take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation with any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Website.
8.3.4. use the Website to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights.
8.3.5. use the Website to make fraudulent offers to sell or buy products, items, or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters”.
8.3.6. use the Website in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others.
8.3.7. use the Website to post anything which contains viruses or any other destructive features, regardless of whether damage is intended, or not.
8.3.8. gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent.
8.3.9. violate the privacy of any person in any way including, but not limited to, sharing any person’s personal information without their consent to do so.
8.3.10. attempting to gain unauthorized access to the Website or any other network, including (without being limited to) through hacking, password mining or any other means.
8.3.11. otherwise use the Website to engage in any illegal or unlawful activity.
8.4. Should you engage in any one or more of the above practices, which shall be determined at our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:
8.4.1. without notice, suspend or terminate your access to the Website.
8.4.2. hold you liable for any costs we incur because of your misconduct; and/or
8.4.3. Notwithstanding our Privacy Policy referred to above, disclose any information relating to you, whether public or personal, to all persons affected by your actions where we are compelled by law to do so.
LICENSES
9.1. Our license to you
9.1.1. We grant you a personal, non-commercial, revocable, worldwide, royalty free, non-transferable, and non-exclusive license to access our content on the Website. This license is for the sole purpose of enabling you to access the Website, in the manner permitted by these Terms. In the event we revoke this license, you may no longer access the Website.
9.1.2. Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-license or otherwise, your rights to access the Website.
9.1.3. To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trademarks, trade names, copyright, ownership, proprietary and confidentiality notices as are included on the original content are retained and displayed without alteration or modification and not in any manner obscured or removed.
9.1.4. You acknowledge that you do not acquire any ownership rights or rights of use in or to any content by copying, reproducing, distributing, transmitting, displaying, broadcasting, or publishing that content except where explicitly permitted to do so in these Terms or otherwise in writing from us.
9.1.5. You may only cache the Website if:
9.1.5.1. the purpose of caching is to make the onward transmission of the content from the Website more efficient. the cached content is not modified in any manner whatsoever.
9.1.5.2. the cached content is not modified in any manner whatsoever.
9.1.5.3. Your manner of access to the data complies with the general conditions of access set out in these Terms.
9.1.5.4. You do not interfere with the lawful use of technology to obtain information about how the cached data is being used.
9.1.5.5. the cached content is updated at least every 12 (twelve) hours; and
9.1.5.6. the cached content is updated at least every 12 (twelve) hours; the cached content is removed or updated when we request that do so.
LIMITATION OF LIABILITY
10.1. To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied, including without limitation the implied warranties that the content published to the Website is fit for any purpose.
10.2. When you access the Website, it is entirely at your own risk. The Website is made available to you “as is”.
10.3. Although we take steps to verify information presented on or through the Website, we do not warrant the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to, or distributed through the Website that we and/or other users may publish to the Website. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on or relating to the Website without notice to you.
10.4. Information, ideas, and opinions expressed on or through the Website should not be regarded as professional advice nor our official opinion and you are strongly advised to seek appropriate professional advice before acting on such information.
10.5. Whilst we take reasonable precautions in our operation of the Website, neither we, nor our agents, nor representatives will assume any responsibility and neither we, nor our agents, nor representatives (in whose favour this constitutes a stipulatio alteri or stipulation for another) shall be liable for any damages to, or for any viruses that may infect your computer equipment or software or other property on when you access the Website. Any content you access by using the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from accessing the Website.
10.6. We will use reasonable endeavours to make the Website available to you and keep the Website available to you at all times. However, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your use of the Website access (either in part or as a whole) for any reason whatever.
10.7. You further agree that –
10.7.1. under no circumstances whatsoever, including as a result of our negligent acts or omissions or those of our directors, officers, servants, agents or contractors or other persons for whom in law we may be liable, shall we or our directors, officers, servants, agents or contractors or other persons for whom in law we may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information, content or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to access the Website;
10.7.2. you waive and may not bring any claims or legal action arising out of or related to Website access or these Terms more than 6 (six) months after the cause of action relating to such claim or legal action arose.
INDEMNITY
11.1. You hereby indemnify us and our directors, officers, employees, servants, agents and/or contractors and/or other persons for whom in law we may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your access to the Website or your breach of these Terms.
RIGHTS INFRINGEMENT
12.1. If you are of the view that your rights have been infringed through the unlawful use of the Website access by other Website users or third parties, you may address a complaint to us by emailing info@dsugroup.co.za. Please include the following information in your complaint which may be of assistance in resolving the problem:
12.1.1. the full names and address of the complainant.
12.1.2. the written or electronic signature of the complainant.
12.1.3. identification of the right that has allegedly been infringed.
12.1.4. identification of the material or activity that is claimed to be the subject of unlawful activity.
12.1.5. the remedial action required to be taken by the service provider in respect of the complaint.
12.1.6. telephonic and electronic contact details, if any, of the complainant.
12.1.7. a statement that the complainant is acting in good faith.
12.1.8. a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
12.2. We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from the Website and/or appropriate action taken against the relevant user and/or third party.
12.3. You further have the right to submit your complaint to the Consumer Goods and Services Ombud ("Ombud") and may proceed to contact the Ombud via the following details. Sharecall: 086 000 0272 Website: www.cgso.org.za Email: complaints@cgso.org.za
DEALINGS WITH THIRD PARTIES
13.1. Links to and from the Website from and to other Websites belonging to or operated by third parties (“linked Websites”) do not constitute our endorsement of such linked websites or their contents, nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarizing yourself with any terms and conditions which will govern your relationship with such third party/ies.
13.2. We have no control over linked Websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such linked Websites or for any damage, damages or any other loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such linked Websites. You further agree that where you access linked Websites, you do so entirely at your own risk.
13.3. Your interaction, correspondence, or business dealings with third parties which are referred to or linked from or to the Website is similarly entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties, or representations associated with such interaction, correspondence or business dealings.
GOVERNING LAW AND JURISDICTION
14.1. The Website is controlled and maintained from our facilities in South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern your access to the Website and these Terms.
14.2. You consent to the jurisdiction of the South African courts in respect of disputes which may arise out of your access to the Website and these Terms.
LEGAL SERVICE OF DOCUMENTS AND NOTICES
15.1. We choose the addresses set out in clause 20 below for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
15.2. You agree that we may, but are not obliged, to serve notices or other documents or communications to you using your email address. In such cases, you agree further than our notices or other documents or communications will be deemed to have been served to you no later than 24 hours after the notices or other documents or communications were sent.
WE MAY MONITOR YOUR COMMUNICATIONS
16.1. Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 ("RICA") you agree to permit us to intercept, block, filter, read, delete, disclose, and use all communications you send or post to us or the Website or using the Website and/or to our staff and/or employees.
16.2. You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the Electronic Communications and Transactions Act, 2002 ("ECT Act") and in the RICA.
16.3. We reserve the right, but have no obligation, to monitor the content you post on the site. We reserve the right to remove any such information or material for any reason or no reason, including, without limitation, if in our sole opinion, such information or material violates, or may violate, any applicable law or our Terms, or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.
SEVERABILITY
17.1. Any provision in these Terms which is or may become illegal, invalid, or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.
TERMINATION
18.1. If you breach any of these Terms, we may immediately, automatically and without notice to you, terminate your access to our Website, and/or prohibit your future access to the Website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.
GENERAL TERMS
19.1. You agree that:
19.1.1. you are bound by these Terms.
19.1.2. data messages addressed by you to us shall be deemed to have been –
19.1.2.1. received if and when responded to.
19.1.2.2. received if and when responded to. sent by you within the geographical boundaries of South Africa.
19.1.3. electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us.
19.1.4. as well as warrant that data messages that you send to us from a computer, IP address or mobile device normally used by you, was sent and/or authorised by you personally.
19.2. These Terms constitute the entire agreement between you and us relating to your access to the Website.
19.3. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms which we may show, grant or allow you shall operate as an estoppel against us in respect of its rights under these Terms nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
19.4. Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and us and you shall not hold itself out as our agent or partner or as being in a joint venture with us.
COLLECTION OF COOKIES
20.1. A cookie is a piece of information that is deposited on your computer's hard drive by your web browser when you use our computer server. The cookies enable us to recognize you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our website. The information that we collect and may share with our advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.
20.2. In addition to the above clauses, the following clauses will be applicable to the use of the Website pertaining the viewing and/or purchasing of the Products on the Website:
ONLINE REGISTRATION
21.1. Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You must register with DSU Group before placing your first order online.
21.2. Registration and/or use of our website constitute your acceptance and agreement to be bound by the terms of our Website. To register you will be required to provide certain personal information which is protected by our privacy policy.
21.3. When registering with DSU Group as a purchaser, you will be required to provide an email address and a password which will be used as your username for the Website. Please keep your password private as DSU Group accepts no liability for any damages suffered or losses incurred from the use or misuse of your account. Your password must consist of a minimum of 8 (eight) characters which must include a minimum of 1 (one) capital letter, 1 (one) number and 1 (one) special character.
21.4. You will be required to enter your email address and password each time you visit our website. To amend any registration particulars please click on “My Account” > “My Profile” where you can edit your details.
21.5. In registering as a purchaser, you are required to provide DSU Group with complete and accurate information about yourself. By doing so you warrant that the information provided is correct. Upon acceptance of your registration, you will receive an email confirming your registration as a purchaser on the Website.
PRODUCT IMAGES, REPRESENTATION AND PRODUCT DESCRIPTION
22.1. DSU Group has made every effort to display the Products on the Website as accurately as possible, including:
22.1.1. the images that represent a visual depiction of the Product.
22.1.2. features and descriptions that pertain to the Product; and
22.1.3. specifications in respect of the Product.
22.1.4. Quantity and stock availability may change.
22.1.5. Lead times may change.
22.2. However, the actual Product delivered may be subject to variations in appearance, as the Product’s packaging may differ over time.
22.3. It remains your responsibility to ensure that the Products ordered and delivered are correct, and the product description and/or model number will always overrule any related images when resolving a dispute about a Product.
22.4. As the actual colours you see will depend on your computer's monitor DSU Group cannot guarantee that your monitor's display of any colour will be accurate.
22.5. Images of Products may include ancillary items which are sold separately, and you will be required to place an additional order for such ancillary items.
22.6. DSU Group may suggest, from time to time, related Products to the Product that you are viewing on the Website. These related Products are only indicative and not an exhaustive list. DSU Group shall not be liable in the event that you purchase a related Product which you do not require and/or is not suitable for your specific requirements.
22.7. If you are not satisfied with the Products delivered then you may return such Products, subject to DSU Group’s return and refund policy, as amended, from time to time.
22.8. Software Licences once ordered are non-returnable and non-cancellable.
OBVIOUS ERRORS
23.1. DSU Group will not accept any orders where DSU Group identifies an inadvertent and obvious error in the prices of Products or the description of any of the Products on the Website 24. PRODUCT PRICING AND AVAILABILITY
24.1. The Products displayed on the Website are subject to availability and will be delivered within the Republic of South Africa only, within the areas as determined by DSU Group from time to time.
24.2. You will be required to select your fulfilment Store from which the Products will be Purchased. Available delivery areas are identified at the checkout process and subject to the area of the fulfilment Store which you have selected when the delivery address is entered.
24.3. You may order Products from more than 1 (one) store, but additional delivery fees will be incurred.
24.4. It is your responsibility to ensure that the delivery address, including suburb and postal code, is correct. DSU Group will not be liable for any Products or additional costs which may be incurred as a result of Products delivered to an incorrect address which is provided by the customer.
24.5. All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed. DSU Group reserves the right, without prior notice, to discontinue or change pricing or specifications of products offered on this Website without incurring any liability whatsoever.
24.6. DSU Group cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, DSU Group will endeavour to contact you based on the information provided at registration, and either offer the option to cancel the order or reduce the quantities, where applicable. If DSU Group is unable to supply each and every item ordered or in the quantities ordered and cannot contact you then you nevertheless agree to accept delivery and make payment for those items correctly delivered.
24.7. You will be charged the prices that are reflected on the Website, subject to availability. The prices exclude Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
METHODS OF PAYMENT
25.1. Prior to delivery or confirmation from DSU Group that the Products are ready for collection by you, DSU Group shall be entitled to either:
25.2. debit the credit card supplied by you on acceptance of your order should you be paying with a credit card; or
25.3. debit the Trade Account on acceptance of your order should you be paying with a Trade Account; or
25.4. debit the Deposit Account on acceptance of your order should you be paying with a Deposit Account; or
25.5. process the order once DSU Group has received a successful confirmation of payment, should you be paying by EFT.
25.6. You can pay your Trade Account or deposit further funds into your Deposit Account on the Website. Prior to the balance reflecting on your Trade Account or Deposit Account, DSU Group shall be entitled to:
25.7. debit the credit card supplied by you on acceptance of your order should you be paying with a credit card; or
25.8. process the balance into your Trade Account or Deposit Account only once DSU Group has received a successful confirmation of payment, should you be paying by EFT.
25.9. All payments made by credit card or EFT shall be processed by Zapper and DSU Group. Your credit card details, and personal information shall be provided by you to Zapper, in order for the payment transaction to be processed.
3D SECURE
26.1. When using your credit card for online shopping, DSU Group, through Zapper, may use 3D Secure as an additional security measure should your issuing bank supports it.
26.2. 3D Secure will authenticate your personal details and will authorize payment for online shopping. If your issuing bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to set it up.
ORDERS
27.1. By submitting an order to buy Products, you: -
27.1.1. represent and warrant that you are over the age of 18 (eighteen) years.
27.1.2. represent and warrant that you are authorized to place an order, make payment for the order and that there are sufficient funds available on your credit card, Trade Account or Deposit Account, if you are paying via any of these payment mechanisms.
27.1.3. represent and warrant that, if paying via EFT, that you have followed the payment instructions provided by DSU Group (Pty) Ltd.
27.1.4. consent to us providing your personal information to our third-party payment provider, namely Zapper, which is necessary to enable Us to perform our obligations in terms of this Agreement.
27.2. To protect our interests as well as yours, we may, but are not obliged to do so, scrutinise transactions to prevent fraud. Any transactions may be refused by DSU Group if DSU Group is not satisfied that it is legitimate.
27.3. You may pay for the Products by using a valid Master or Visa Credit Card, EFT, Trade Account or Deposit Account. No other method of payment, including gift vouchers, will be accepted by DSU Group in respect of the purchase of Products on the Website.
27.4. In placing an order, you will be required to select whether the Products ordered will be collected from the selected Store or whether you would like DSU Group to deliver the Products to your specified delivery address.
27.5. If you wish to change your order from a collection to a delivery, DSU Group will charge you an additional delivery fee.
27.6. All your orders placed through the Website can be viewed under the “My Account” > “My Orders” tab.
27.7. Upon receipt of your order, DSU Group will send you an email describing the Products that you have ordered on the Website and or an SMS confirming the order number. This email shall confirm that DSU Group has received your order but does not represent any acceptance of your offer to purchase the Products contained in that order.
27.8. DSU Group is not legally obliged to provide the Products to you during the offer process.
27.9. The contract of sale between you and DSU Group will only be completed when DSU Group dispatches the Products to you. Any Products on the same order which have not been dispatched to you do not form part of that contract.
27.10. Delivery and collection dates are only estimates, and as your order is processed you will be informed if any outstanding Products on your order are unavailable or delayed for any reason.
DELIVERY
28.1. DSU Group shall only deliver to certain areas. If DSU Group does not deliver to your area, you may collect the Products from the Store directly.
28.2. A delivery fee may be charged for each delivery order placed by you. DSU Group delivers from Monday to Friday, 08h00 to 17h00 on Saturday between 08h00 and 13h00. DSU Group does not deliver on Sundays and any South African public holiday. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically.
28.3. If you request your order to be delivered to multiple addresses, you will be charged additional delivery fees.
28.4. DSU Group and/or the Delivery Service Provider may be required to make multiple deliveries to your delivery address. If DSU Group and/or the Delivery Service Provider elect to make multiple deliveries of your order, then you will not be charged any additional delivery fees. You will be advised by DSU Group of multiple dispatches to your delivery address.
28.5. You must ensure that the correct delivery address is provided to DSU Group and DSU Group shall not be liable for any deliveries made to an address incorrectly provided by you.
28.6. You hereby authorize DSU Group to provide your personal information, including your name, delivery address and telephone number to our third-party service provider (“Delivery Service Provider”) for the purpose of effecting the delivery.
28.7. DSU Group and/or the Delivery Service Providers deliver to registered customers within certain specified delivery areas. Deliveries to outlying areas shall attract an additional surcharge that will be calculated at checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main center. Outlying areas include farms, mines, and townships.
28.8. DSU Group and/or the Delivery Service Provider may contact you regarding your orders from time to time.
28.9. On each delivery of the order to the specified delivery address, you will receive a delivery note from either DSU Group or the Delivery Service Provider, showing the items delivered.
28.10. For verification purposes, the person accepting delivery at the delivery address will 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 authorized to accept delivery on your behalf.
28.11. Should no-one attend the delivery address specified by you at the time of delivery, the driver will return the Products. DSU Group or the Delivery Service Provider will attempt to contact you to make new arrangements for delivery. DSU Group reserve the right to charge an additional delivery fee should it be required under these circumstances. DSU Group’ sole liability for failing to deliver the Products timeously is limited to delivery being affected at a later agreed time and at no additional charge.
28.12. DSU Group or the Delivery Service Provider shall not be liable for any losses or damages suffered by any person, including you, as a result of any act or omission by DSU Group or the Delivery Service Provider in delivering the Products to the delivery address.
28.13. DSU Group or the Delivery Service Provider will deliver to the pavement of your allocated delivery address. It is your responsibility to ensure that you have made arrangements to accept delivery and storage of the Products. DSU Group or the Delivery Service Provider shall not dismantle or assemble any Products for you, nor shall DSU Group or the Delivery Service Provider connect any appliances, fixtures, or fittings for you.
28.14. You warrant that the delivery address is suitable for entry by DSU Group’s and/or its Delivery Service Provider’s vehicles and should a claim arise from damage to items such as driveways, overhead cables, or walls, then you will be liable for such damages.
ORDER TRACKING
29.1. You can track the status of your order by logging into your account and by clicking on “My Account” > “My Orders” which is under your personal account. Once you have selected the order that you wish to track you will be able to see if your order has been received by DSU Group, if it has been delivered to you and if it has arrived at the store of your choice for you to collect. The order history shall only track your online transactions and not any purchases made in store.
29.2. DSU Group will also send you e-mails and/or SMSs to advise you on the progress of your order. You can email us at sales@dsugroup.co.za using your order number as a reference.
CANCELLATION
30.1. If for any reason you would like to cancel an order or any part thereof, this may be done via email to sales@dsugroup.co.za using your order number as a reference, or via the Shopify Store App. You will only be able to cancel orders up to midnight on the day prior to the date of delivery.
30.2. You may return a Product, at your cost, to any DSU Group store provided you have the original invoice/proof of purchase and have complied with the required terms and conditions. Please refer to the DSU Group return and refund policy.
REFUNDS
31.1. DSU Group will refund a purchase for the exact amount paid less any delivery costs already incurred by DSU Group.
31.2. Refunds will only be processed in accordance with the refund and returns policy, and in the payment method that was used when the order was created, and into the account it was paid from e.g., credit card, EFT or credit the Trade Account or Deposit Account.
31.3. DSU Group, in its sole discretion, reserves the right to refund a maximum of R10 000.00 (ten thousand rand) in cash to you or such other amount as determined by DSU Group, which cash payment will only be made at the store.
31.4. DSU Group reserves the right to affect any refund in the exact manner in which you purchased the Products (for example, cash received refunded in cash and electronic funds transfer back into the account from which the deposit was initially received).
31.5. A refund can take up to 7 (seven) business days to reflect in your account, and EFT refunds are subject to verification of your banking details.
RISK AND OWNERSHIP
32.1. Risk in the Products shall be passed to you by acceptance of the Products by your authorized representative on delivery or collection. We will retain ownership in the Products until payment has been received in full. In respect of Deliveries, ownership will pass on offloading of the Products to the pavement.
REVIEWS OF PRODUCTS
33.1.You may review any of the Products on the Website.
33.2. DSU Group reserves the right to amend or delete any reviews which are deemed, in DSU Group’s discretion, to be defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights.
33.3. By submitting a Product review, DSU Group may contact you in order to obtain further feedback from you in order to improve Products and services.