Terms & Conditions
You are on our website: www.jockey.co.za Your use of our website and products or services is dependent on you reading and agreeing to accept our terms and conditions. Please take a moment to read these terms and conditions including our email and privacy policies to understand how they apply to your use of our website and any products or services that you may request from us. If you have any questions regarding our website, the terms, products or services.
(a) The Ninian & Lester website at www.jockey.co.za is owned and operated by Ninian & Lester (Pty) Ltd (“N&L” also referred to as “we” or “our” in these terms), a company registered in the Republic of South Africa under company registration number 1942/015100/07, which has its registered office at 915 Umgeni Road, Durban, KwaZulu-Natal, Republic of South Africa.
(b) These terms (the information contained here on this page and its linked pages) apply to your use of this website. By using our website, you acknowledge that you have read and understood these terms and agree to be bound by them. This is our entire agreement with you as far as the use of our website, goods and/or services from our website, and will supersede (override or replace) all terms, conditions, warranties and/or representations (promises or assurances) as far as it is permitted by law. If you do not wish to be bound by any of the terms contained here, please do not use our website. If you continue to use the website, we will be allowed to assume that you agree to be bound.
(c) Because of the nature of internet use and changes that may be required to our website, we may update or change these terms, but without giving you notice. It is very important that you check these terms and conditions from time to time because your use of our website will imply that you accept any updated or amended terms.
(e) You are welcome to browse or use our website for your own personal, 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 this website, the uploading of any unlawful or damaging information or viral software or the creation of any links to our website from any other site whatsoever is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may suffer as a result of you, if your use of our website and/or its contents is in contravention or in breach of terms.
(f) N&L reserves the right to suspend the website or any part of it, or terminate/close an account you may have with us at any time, if we discover that you are not using the website in compliance with these terms or if we believe that any information provided by you is untrue, inaccurate or incomplete.
(g) Any indulgence or extension of time granted to you is not a waiver (forfeit) or variation (change) of any of our rights or remedies in these terms or that we are entitled to in law.
(h) People who are not resident in South Africa are welcome to use our website in accordance with these terms.
(i) Regarding any newsletter or other marketing material, kindly note that you are free to opt out of receiving our marketing material at any stage. It may take a reasonable period to update your account or any profile you may have with us.
(j) Personalised banner advertising
If you browse this Website, you may receive personalised banner advertisements while browsing other reputable websites. We are committed to providing you with information on products and offers which are relevant to you. Any banner advertisements you receive will relate to products which have been viewed while browsing this Website on your computer or other device.
(k) Targeted updates and marketing
If you have agreed that we can contact you for marketing purposes we may send you emails and other communications relating to products and services which we think will be of interest and relevance to you as an individual. We do this by monitoring the browsing and online shopping habits of customers and providing them with information on products they have viewed and related products.
(l) International transfers
(m) Limitation of Liability
This clause 10 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
We will at all times do our utmost best to ensure that all information displayed on the Site and in any communications from N & L is accurate, however, should any inaccurate information be published b N & L (i.e. incorrect Product description or price), despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.
(n) Guarantee and complaints management
We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that We assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five (5) Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
- Circumstances beyond our control (force majeure clause)
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
Either you or N & L may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor N & L shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in clause of these Terms and Conditions.
Any notice given by post shall be deemed to have been served seven (7) Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient's server. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by N &L from time to time, for so long as the Site exists and is operational, N & L being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by N &L ). However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order
No failure or delay, by N & L or by you, in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish N & L, or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term
A full record of every sale and related transaction between you and N & L shall be maintained on the Site for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, where after you shall be responsible for retaining your own record of the relevant sale or related transaction
Any and all copyright subsisting in the Website, including theses Terms and Conditions, vests in N & L and all rights not expressly granted are reserved.
When you visit the Site or send e-mails to N & L, you consent to receiving communications from N & L electronically and agree that all agreements, notices, disclosures and other communications sent by N &L satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.
These terms are subject to the provisions of the Electronic Communications and Transactions Act no. 25 of 2002 (the Act) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
- Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to N & L payment systems not being sufficiently secure;
Neither N & L 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 Site or the services or content provided from and through this Site. Furthermore, N & L makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to the N&L head office.
Although the products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of N & L and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.