Terms & Conditions


Trillobate Marketing CC
Registration Number: 2010/101865/23
PO BOX 2720, Fourways 2055
 
 
TERMS & CONDITIONS - Catchoftheday.co.za
 
1.You are contracting with catchoftheday.co.za (“the website”) which is owned and operated by Trillobate Marketing CC (CK number: 2010/101865/23). Catchoftheday.co.za is a business in the information technology industry which markets and sells products through its website.
 
2.Please read these Terms & Conditions (“T&C”) carefully.
 
3.Visitors to the website, including those who register online or who purchase products on the website are bound by these T&C. If you do not agree with these T&C, do not continue to use the website. By continuing to use the website you accept the T&C, unmodified.
 
4.You may only use the website for personal use and only if you at least 18 years of age. When you register on the website you warrant that you are 18 years of age, and you indemnify the  website from all liability in this regard, including any liability which may arise by you furnishing inaccurate information at the registration process.
 
USE OF THE WEBSITE
 
5.The website is directed solely at those persons who access the website from the Republic of South Africa. Catchoftheday.co.za makes no representations that any goods are available outside the Republic of South Africa.
 
6.The accessing and use of the website does not include the provision of computer equipment to access the website, and catchoftheday.co.za makes no representations in this regard. The website shall not be liable for any costs on your behalf in accessing the website, including but not limited to telecommunication costs, internet costs.
 
7.We hereby grant to you, subject to these T&C, a limited, revocable, non-transferable and non-exclusive licence to access and use the website by displaying it on your internet browser only for the purpose of purchasing products on the website, and not for any commercial use or use on behalf of a third party, except if explicitly permitted by us. Such permission can be obtained at customerservices@catchoftheday.co.za
 
8.You agree as follows:-
 
• You will not access (or attempt to access) any part of the website by any means other than through the interface provided;
• You will not engage in any activity which interferes with or disrupts the website or the servers and networks that host the site;
• You will not (nor attempt) to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or content on this website.
• You will not use, copy, distribute or commercialise any content on the website, without our prior written consent. Such consent can obtained at customerservices@catchoftheday.co.za
• Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
 
PURCHASES
 
Products
 
9. Products displayed on the website are only an invitation to purchase, and does not constitute and offer to sell.
10. All stock offered in the website is limited. Once stock offered on the website is no longer available, the website will take all reasonable measures to make sure that such offers are  discontinued. If unavailable stock is still offered, and the website is unable to fulfil any order placed for such stock by you, at the advertised price, then the website will only be  liable to refund the amount paid by you for such product, taking into account the Refund Policy in these T&C.
11. The website takes all care to accurately describe and depict each product advertised on the website, however, errors may occur, where descriptions or pictures of the products may not accurately represent the particular product you wish to buy. If you are dissatisfied with the product you receive you are entitled to return the product to catchoftheday.co.za for a full  refund, in terms of the Refund Policy in these T&C.
 
Registration
 
12.To purchase and access certain features on the website, you will need to be a registered member.
13.Once you have registered on the website you will be assigned a password for verification purposes and to access the website. Each time you enter your assigned password and enter the site, you will be deemed to have authorised such access. You will be solely responsible for all access to and use of the website by anyone using the password and identification originally assigned to you whether or not such access to and use of the website was actually authorised or not.
14.To register on the website, you will need to supply personal information. The website will take all reasonable steps necessary to protect your personal information. For purposes of these T&C personal information will have the same mean as that contained in definitions of the Promotion of Access to Information Act, No 2 of 2000 (“PAIA”). [link to PAIA]
15.The website may collect and store certain personal information such as your name, surname, address, telephone numbers, email address, banking details, and perhaps other personal information. This information will only be used for purposes of identification, verification and delivery. You accept that certain of your personal information will be made available to third parties for delivery of the product and in order to facilitate communication in relation to the products.
16. You acknowledge that we may display the usernames of the last few orders received for promotional purposes, on the website.
 
Sales
 
17.By merely selecting a product to a shopping basket does not amount to an agreement of sale or an order of such product. Should any product stay in the shopping basket without you completing the purchase cycle, then catchofhteday.co.za may remove the product from your shopping basket if no stock is available and you will not be able to hold catchoftheday.co.za liable if you later complete the purchase cycle and the product is then no longer available.
18. An agreement of sale will only come into effect when you electronically submit a properly completed order for one or more products offered by the website in your shopping basket, and when payment is either authorised or received into catchoftheday.co.za’s bank account.
19. The website reserves the right to accept or reject your order for any reason (or no reason), in whole or in part. Catchoftheday.co.za will only be liable to refund to you any money it has already received in respect of such order. See the Refund Policy in these T&C.
20. You are entitled to cancel any order concluded on the website, in terms of the ECTA, within 7 days of date of receipt of the product and to obtain a full purchase price refund. See the Refund Policy in these T&C.
 
Prices
 
Product Prices
 
21.The price of each product will be displayed with such product on the website. The prices will be displayed in South African Rand and include VAT.
22.Although every effort is taken to ensure that product prices are accurately displayed, catchoftheday.co.za will not be obliged to sell a product which has been displayed at an incorrect price or delivery price, at such incorrect price (or delivery price). Catchoftheyday.co.za will only be liable to refund monies it has already received should you not wish to proceed with the sale.
 
Delivery Prices
 
23.Delivery prices will vary depending on a number of factors, including but not limited to delivery address, product, size, weight etc.
 
Payment
 
24.Payment for all products will be effected by credit card (Visa & Mastercard), debit card or electronic bank transfer into the bank account of catchoftheday.co.za. At the time of the purchase your credit card details will be presented to the bank for authorisation. Should such authorisation be declined, your order will be cancelled. Should the authorisation be successful, your order will be immediately dispatched for delivery to you.
 
25.Credit card transactions will be acquired for catchoftheday.co.za via Paygate (Pty) Ltd who are the approved payment gateway for the Standard Bank of South Africa. Paygate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. You may go to www.paygate.co.za to view their security certificate and security policy.
 
26.Your personal details will be stored by catchoftheday.co.za separately from the credit card details which are entered by the client on Paygate’s secure site. For more detail on Paygate refer to www.paygate.co.za
 
27.If you select the “Pay by EFT” button, you will receive instructions on how to deposit monies into catchoftheday.co.za’s bank account. This type of payment will be subject to the exact  amount being paid, you furnishing identification of the order by inserting an order number, your reference and your surname, no bank deposits will be acceptable from outside the borders of  South Africa, and your order will be cancelled if catchoftheday.co.za has not received payment of your order within 12 hours.
28.The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
29.The transaction currency will be South African Rands.
 
30.Catchoftheday.co.za will retain ownership of the goods until payment has been received in full from you.
 
Delivery
 
31.Subject to receipt of payment, requests will be processed according to the delivery specified on the sale that you ordered from. Please note that different products have different delivery times. You acknowledge and understand that catchoftheday.co.za will make every effort to meet the time frame for delivery, but certain factors may affect delivery times, and we therefore do not guarantee that every item will be delivered within such time frame. NO person may collect products under any circumstances.
 
32.Should a product be delivered late or outside the agreed time period, then you will be entitled to within 14 days of having purchased the product, to cancel the sale on 7 days notice to catchoftheday.co.za
 
33.Delivery will be made by way of courier. The charges thereof will vary.
 
34.Delivery periods are only regarded as having commenced upon payment confirmation being received by catchoftheday.co.za.
 
REFUND POLICY
 
Cooling Off Period
 
35.Save for the products listed below, you will be entitled to cancel any sale concluded on this website within 7 days of date of receipt of the goods and obtain a full purchase price refund within 30 days thereafter, subject to certain charges as determined by catchoftheday.co.za.
 
36.The products which are excluded from the “cooling off period” are set out in s42(2) of the ECTA.
 
37.You will only be entitled to a refund of the exempted products insofar as the refund policy of these T&C provide for.
 
Early Cancellation
 
38.You will be entitled to cancel any order without incurring any penalty or cancellation fee, only if you cancel the sale prior to packaging of the products for delivery. Cancellations can be addressed to customerservices@catchoftheday.co.za. If cancellation is received in the correct time, you will receive a full purchase price refund, without any administrative or cancellation fee or penalty.
 
39.If you cancel an order in part and if delivery charges are recalculated to the amended order and they exceed the original order’s delivery charges, then you will be liable for the excess amount.
 
Damaged and Defective Products
 
40.If within 6 months from the  delivery of a product, you find that a product has been delivered to you which is damaged, defective or otherwise unsuitable for the use which was indicated for the product and you arrange to return such product to catchoftheday.co.za by notifying us on customerservices@catchoftheday.co.za, and the product is found to indeed be damaged, defective or unsuitable, you are entitled to either have the product repaired or replaced at the website’s expense or be fully refund for it. If the product is subsequently found to NOT to be damaged, defective or unsuitable, you will be liable for the costs incurred in having the product returned to the website, then redelivered to you.
 
41.The following instances will not render a product damaged, defective or unsuitable and will not entitle you to a refund, repair or replacement, namely where the product is damaged or faulty as a result of normal wear and tear; where yourself or anyone else (unauthorised by the website) has altered the product, in the case of DVD’s where the encoding is not compliant with your zone; electronic hardware or software which is purchased and which is not compatible with your operating system; photographic or electronic equipment which shows evidence of impact, sand, liquid or moisture damage, dropping, mishandling or tampering, battery or chemical erosion, damage caused by connected equipment, use contrary to the applicable instruction manual.
 
42. If we deliver the incorrect product to you then please see our return policy
 
43. All credits will be refunded to the credit card, debit card or bank account used in the purchase of the order.
 
RETURNS
 
44. If you are not satisfied with the product that you have purchased on the website, for any reason, you may under certain circumstances be entitled to either have the product replaced or to receive a full purchase price refund. See the Refund Policy in these T&C.
 
REWARD VOUCHERS
 
45. Reward vouchers of an amount as determined by the website, in its sole discretion, from time to time, and which will be posted on the website will be credited to a member’s account if all of the following conditions are met:-
 
• You must have a registered account with the website;
• You must send a friend an online referral request through one of the website’s preferred platforms;
• Your friend must create an account and successfully purchase their first product within 30 days of the referral;
• If your friend’s purchase is not cancelled for any reason after 7 days of her receiving the product, then you account will be credited with an amount as determined by the website, in its sole discretion, from time to time.
 
SALES RECORDS
 
46.The website will maintain a full record of every sale and related transaction between yourself and the website for a period of 12 months from the date of such sale.
 
DISCLAIMER
 
47.Save for s43(5) and (6) of the ETCA, the website will not be liable for any damage, loss or liability of whatsoever nature arising from your use or inability to use this website. The website makes no representations or warranties that the website is free from errors or omissions or that the service will be uninterrupted and error free. Please report errors to customerservices@catchoftheday.co.za.
 
48.Information, ideas, submissions and opinions expressed on the website are that of the individual expressing them and may not reflect the ideas/opinions of professionals or the owners of the website. Content on this website is solely for information purposes.
 
49.Your access to the website may occasionally be interrupted or restricted to allow for repairs updating or maintenance.
 
50.Neither the website nor any of its agents and representatives will be held liable for any damage, loss or liability from whatsoever nature arising from the use or inability to use the website or the content provided on the website.
 
51.Although the products sold on the website may be under warranty, the products are sold to the website on an “as is” basis and have not been compiled to meet your individual needs. It is your responsibility to satisfy yourself that the service available to you from the website will meet your individual requirements and are compatible with your systems.
 
UPDATING THESE T&C
 
52. Catchoftheday.co.za can at its sole discretion change any of these T&C from time to time. The website will not be obliged to notify you of any changes to these T&C and it is up to you to check whether these T&C have been changed. By continuing to utilise the website you accept the T&C and agree to be bound by them.
 
ELECTRONIC COMMUNICATIONS
 
53. When you access the website or send emails to the website, you consent to receiving communications from the website electronically, and you agree that all agreements, notices, disclosures and other communications sent by the website satisfy any legal requirement, including but not limited to the requirement that such communication will be in writing.
 
INTELLECTUAL PROPERTY
 
54.All text, graphics, button icons, images, icon clips and software (”content”) belongs exclusively to the website and/or its affiliates. The collection, arrangement and assembly of all content on the website (“compilation”) belongs exclusively to catchoftheday.co.za and/or its affiliates. All software used on the website is the property of the website, its affiliates and/or software suppliers. The content, compilation and software are all protected by South African and International Copyright laws. Catchoftheday.co.za and all other logos, slogans, names or words belong to the website.
 
55.You specifically undertake not to copy, reproduce, modify, adapt, sell, publish, distribute, transmit, broadcast, disseminate, exploit or in any way unlawful use the Intellectual Property of the website.
 
56.You may not use our trademarks or service marks in any manner whatsoever, without our express written authorisation.
 
57.All the website’s intellectual property rights are specifically reserved.
 
COPYRIGHT
 
58.All and any copyright subsisting in the website, including these T&C vest in the website and all rights not expressly granted are reserved. You may only download, view and print content from the website for private and non-commercial purposes. To obtain permission contact us on customerservices@catchoftheday.co.za.
 
HYPERLINKS
 
59.Save for persons who are registered members of the website, no person, business or website may link to the website without the prior written permission of the website. Such permission can be obtained at customerservices@catchoftheday.co.za.
 
FRAMING
 
60.No person, business or website may frame the website or any of the pages on the website in any manner whatsoever.
 
SPIDERS AND CRAWLERS
 
61.No person, business or website may use any technology to search or gain any information from the website without the prior written permission of the website. The permission can be obtained atcustomerservices@catchoftheday.co.za
 
SECURITY
 
62.Any person, business or website who delivers or attempts to deliver any damaging code to the website or attempts to gain unauthorised access to the website will be prosecuted and will be liable for civil damages if the website suffers any damages or loss.
 
63.Except as permitted in these T&C you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the website or any portion of it unless expressly permitted by the website in writing. Such permission can be obtained at customerservices@catchoftheday.co.za
 
64.You may furthermore not make any commercial use of any of the information provided on the website or make use of the website for the benefit of another business, unless expressly permitted by us in writing. Such permission can be obtained at customerservices@catchoftheday.co.za
 
65. The website reserves the right to restrict and/or block and/or remove any material which in the website’s opinion could lead to a breach of these T&C.
 
SEVERABILITY
 
66.If any term of these T&C is held to be unlawful, invalid or unenforceable then that provision shall be deemed severed from the remainder of these T&C and the remainder of the T&C will remain enforceable.
 
LIABILITY
 
67.The website will be responsible for the fulfilment of all aspects of your order, which will include, making timeous delivery of defective-free products to yourself, subject to these T&C.
 
DURATION & TERMINATION
 
68.These T&C commence from the date that they are published on the website and continue indefinitely, as amended by the website from time to time. The website may terminate this website at any time.
 
69. If you use this website in breach of these T&C, the website may suspend your account and your use of the website.
 
DOMICILIUM
 
70. We agree to accept any notices, including legal notices, under these T&C at 401 Main Avenue, Ferndale, Randburg. You agree to accept notices, including legal notices, under these T&C at the address contained in your registration form on the website. If you want to change the address where you agree to accept notices, then you must send us a notice in writing to customerservices@catchoftheday.co.za. This notice must state that you are changing the address at which you will accept written notices and set out the new address where you agree to accept such notices.
 
FORCE MAJEURE
 
71.We shall not be liable for any delay in performing any of our obligations in terms of these T&C if such delay is caused by circumstances beyond our reasonable control.
 
DISPUTES
 
72. Any dispute relating in any way to the website or these T&C will be submitted to confidential arbitration in terms of the Expedited Rules of the Arbitration Foundation and will be held in Johannesburg.
 
73. If urgent or interim relief be sought, such dispute may be submitted to a Competent Court.
 
GOVERNING LAW
 
74. The law governing the website are the Laws of the Republic of South Africa.
 
INFORMATION
 
75. In terms of the ECTA, the following information is to be made available to customers:-
 
Full name: catchoftheday.co.za, wholly owned by Trillobate Marketing CC, registered in South Africa, with registration number: CK2010/101865/23
Main Business: Information Technology in all aspects
Unit 1, Northlands Deco Park
New Market Road
Northriding
Gauteng, South Africa
 
PO BOX 2720, Fourways, 2055
Office bearers: C van Zeil, C M Herbert, G Pomeroy
Website:www.catchoftheday.co.za
Email : customerservices@catchoftheday.co.za