TERMS AND CONDITIONS
The Website can be accessed at www.homeschoolbooks.co.za (the “Website”) and is owned and operated by Charles White (“Homeschool Books”, “we”, “us” and “our”). The Website enables you to shop online for a range of products and services (“Goods”), including books and eBooks. These website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods and the use of the Website. These Terms and Conditions are binding and enforceable against every person that accesses or uses the Website (“you”, “your” or “user”), including without limitation each user who registers (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions unconditionally. Do not use the Website if you do not agree to the Terms and Conditions. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Homeschool Books to explain it to you before you accept the Terms and Conditions or continue using the Website. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Homeschool Books in terms of the Consumer Protection Act.
The Website Content (including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks) is copyright and/or reproduced with permission from other copyright owners, and protected by law. It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way or transmitted to others (unless explicitly stated otherwise) without the written permission of Homeschool Books. Hypertext links to other Web locations are for the convenience of users and do not constitute any endorsement or authorisation by Homeschool Books. The Website Content is the property of Homeschool Books, it’s advertisers and/or sponsors and/or vendors. Where any of the Website Content belongs to any third party, your rights of use will also be subject to any terms and conditions which that third party imposes from time to time and you agree to comply with such third party terms and conditions. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in writing.
PAYMENT OF SALES
Payment in respect of the goods ordered is due, in full, before the order will be processed. Payment shall mean the receipt of monies, on behalf of Homeschool Books, at Payfast (Pty) Ltd (www.payfast.co.za). Payment can be made by credit card or instant EFT. Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods. Homeschool Books does not collect or store any banking detail. All applicable banking information is held by Payfast who is responsible for debiting the correct amount from your card and processing instant EFT.
CONCLUSION OF SALES
You may place orders for Goods, which Homeschool Books may accept or reject. Your order constitutes an offer to purchase the Goods form us. We only accept the offer once Goods have been dispatched by us or collected by you. We may reject an order at any time without giving any reason. The acceptance or rejection of an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment. Homeschool Books will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Homeschool Books come into effect (the “Sale”). This is regardless of any communication from Homeschool Books stating that your order or payment has been confirmed. Homeschool Books will indicate the rejection of your order, by cancelling it and, as soon as reasonably possible thereafter, refunding you for any amount already paid for the applicable order. On acceptance of your order we will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”) unless goods are on back order and/or shipped to us or our suppliers from outside of South Africa. We will notify you if we are unable to deliver the Goods during the Delivery Period and/or if goods are on back order and/or if goods are being ordered from the UK via our supplier or direct import. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Homeschool Books cannot guarantee the availability of stock from our suppliers. When Goods are no longer available for sale (ie the item is out of print) after you have placed an order we will notify you, you will then be provided with a suitable alternative or newer edition. If this is not to your satisfaction then you will be entitled to a credit for the amount already paid by you for such Goods. When Goods are out of stock and available on back order from our suppliers, Homeschool Books will notify you. Your order will be held back until the backordered goods have been received and the order consolidated. Should you require the Goods that are in stock from our suppliers to be delivered separately from the backorder Goods then additional freight costs may apply. Homeschool Books shall provide you with an electronic or printed invoice on the completion of the Sale, which happens upon delivery of the goods.
PROMOTIONS, COUPONS OR COMPETITIONS
All promotions, coupons and competitions offered by Homeschool Books are at the discretion of Homeschool Books and subject to availability of stock. Promotional coupons are non-refundable, not transferable for cash, not transferable to other customers and no change will be given on the remainder of the value of the coupon after the coupon has been used. Other terms and conditions may apply and will be given at the time of the issue of the promotion, coupon or competition.
DELIVERY OF GOODS
Homeschool Books makes use of third party service provider, The Courier Guy, to deliver goods on our behalf. By making use of our services you agree to the terms and conditions of TheCourier Guy, which can be found at www.thecourierguy.co.za .
Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out. Homeschool Books’ obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Homeschool Books is not responsible for any loss or unauthorised use of a product after it has delivered the product to the physical address nominated by you and any person signing for receipt of the Goods at the address nominated by you will be deemed authorised by you to receive the Goods on your behalf. Homeschool Books may elect to use any other freight or postal service provider in order to fulfil our obligations to you, at our sole discretion, without your consent.
RETURN OF GOODS
Section 44 of the Electronic Communications and Transactions Act may apply to your order. The following goods cannot be returned in terms of the ECT Act: all items we have specially sourced for you. Homeschool Books sources all ordered items specially for all it’s customers, therefor no return or refund of goods will be made, unless Homeschool Books supplied an incorrect item(s) or damaged item(s), in which case the damaged item(s) must be returned to Homeschool Books within 3 working days whereupon the items will be replaced or refunded.
Where books were received as damaged, the book must be returned unused and with all electronic materials (where applicable) unopened and in tact. If an accompanying CD-Rom, CD or other electronic items, included as part of a book, has been removed or used the item will not be replaced or refunded. Where books were supplied in error the customer must contact us within 24 hours. Returned Goods must be returned in mint, re-sellable condition whereupon the Goods will be refunded or replaced with the item(s) ordered. Additional costs may arise if the item was billed incorrectly or if the supplier has increased its price subsequent to the time that the order was placed. In such an event Homeschool Books will contact you, the customer, before processing the order. Freight or postage costs for returns are for the account of the customer. There will be no refunds of electronic books or digital content. If you wish to cancel all or part of an order you may contact us at firstname.lastname@example.org, we will not be able to cancel items on an order once they have been ordered from our suppliers.
LINKING TO THIRD PARTY WEBSITES
This Website may contain links or references to other websites (“Third Party Websites”), including but not limited to Payfast, which are maintained by third parties offering goods, information, software, advertisement and services that are outside of our control. Your access to and use of any Third Party Websites is governed by the terms, conditions, disclaimers, and notices found on each site or otherwise associated with such Third Party Websites. The Terms and Conditions of Homeschool Books do not apply to those Third Party Websites and Homeschool Books is not responsible for the practices, policies or “cookies” that those Third Party Websites may use. Any dealings between you and any third party in connection with a Third Party Website, including but not limited to such party’s privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Homeschool Books does not control, endorse, or accept responsibility for Third Party Websites. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
In order to use Homeschool Books you are required to complete the Registration Process to set up a user account (“Account“ ) via the Website. As part of the Registration Process you will be required to submit a valid e-mail address and telephone number and a password which you will use to login to your Account in the future (“Login Details“ ). Once you have successfully completed the Registration Process we will send you an e-mail to the address you have registered confirming that your Account has been activated. You may begin using Homeschool Books as soon as your Account has been activated.
Accounts and Login Details are personal to the registered user to whom they are allocated. They may not be used by any third party. In order to prevent any unauthorised person making use of your Login Details you should ensure that you keep them secret and confidential and under no circumstances should you share them with any other person. You will be fully responsible for any accidental or unauthorised disclosure of your password to any other person and shall bear the risk of it being used by unauthorised persons without your consent. If you believe that your Login Details have been misused or if you believe that the security of the Website has been compromised in any way you must notify us immediately.
We reserve the right to deny or restrict access to your Account or to revoke access to your Account at any time.
You are prohibited from posting or transmitting to or from the website any material (including video, graphic, audio, text and code):
1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, illegal, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
2. For which you have not obtained all necessary licences and/or approvals;
3. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in South Africa or any other country in the world; or
4. Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);or You may not misuse the website including, without limitation, hacking.
VALIDITY, SEVERABILITY AND SURVIVAL
If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. The disclaimer of warranties, the limitation of liability, indemnity, the jurisdiction and applicable law provisions will survive any termination.
LAW GOVERNING THESE TERMS
Use of the website and these Terms shall be subject only to the laws of South Africa, which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.
The Courts of South Africa shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with the website and its use and these Terms and by using the site the customer agrees to settle disputes in a Magistrate Court as named by Homeschool Books.
Homeschool Books may, at its sole discretion, terminate this agreement at any time for any reason and will not be liable to you in the event that we choose to suspend, modify or terminate this Website, other than for processing any orders made by you prior to such time, to the extent possible.
If you have any questions or queries regarding any of the services or products featured please send an email to email@example.com
Homeschool Books hereby selects 1 Aan de Weber Estate, 36 Webersvallei Road, Jamestown, Stellenbosch, 7600 as its address for all formal notices and legal processes. Homeschool Books may change its address from time to time by updating these Terms and Conditions. You hereby select the delivery address specified with your order as your legal address. You may select a different legal address by notifying Homeschool Books in writing. Notices may be sent by email or prepaid registered post.
Full name: Homeschool Books.
Main business: Online retailer
Physical address for receipt of legal service (also postal and street
address): 1 Aan de Weber Estate, 36 Webersvallei Road, Jamestown, Stellenbosch, 7600.
Office bearers: Charles White
Phone number: 083 267 4441
Official email address: firstname.lastname@example.org
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOMESCHOOL BOOKS OFFERS THE GOODS AND ALL CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR OTHERWISE, AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE GOODS OR CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE CONTENT OF THE WEBSITE IS FOR INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. YOU SHOULD NOT RELY ON ANY CONTENT ON THE WEBSITE TO MAKE (OR REFRAIN FROM MAKING) ANY DECISION OR TAKE (OR REFRAIN FROM TAKING) ANY ACTION. THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY RISK OR LOSS RESULTING FROM USE OF THE WEBSITE OR RELIANCE ON ANY INFORMATION ON THE WEBSITE. HOMESCHOOL BOOKS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT GOODS OR CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY HOMESCHOOL BOOKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOMESCHOOL BOOKS SHALL NOT BE LIABLE IF, FOR ANY REASON, THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. ACCESS TO THE WEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE, INCLUDING IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR. HOMESCHOOL BOOKS MAKES NO WARRANTY THAT THE WEBSITE, OR ANY THIRD PARTY WEBSITES LINKED TO HOMESCHOOL BOOKS, IS FREE FROM COMPUTER VIRUSES OR ANY OTHER MALICIOUS OR IMPAIRING COMPUTER PROGRAMME OR ANY OBJECTIONABLE MATERIAL. THE PAGES CONTAINED IN THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. THE INFORMATION IN THESE PAGES MAY BE UPDATED FROM TIME TO TIME AND MAY AT TIMES BE OUT OF DATE. PRICES ARE CORRECT AT TIME OF PUBLISHING BUT CAN CHANGE AT ANY TIME WITHOUT PRIOR NOTICE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOMESCHOOL BOOKS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE, THE GOODS OR CONTENT (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF HOMESCHOOL BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOMESCHOOL BOOKS IS NOT LIABLE WHATSOEVER IN ANY MANNER FOR ANY GOODS OR CONTENT POSTED ON OR AVAILABLE ON THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT), FOR YOUR USE OF THE SERVICE, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICE. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. HOMESCHOOL BOOKS THUS DISCLAIMS ALL LIABILITY FOR ANY DAMAGE, LOSS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE.
TO THE EXTENT AUTHORISED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HOMESCHOOL BOOKS, ITS OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, AFFILIATES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES , DAMAGES , AND COSTS , INCLUDING REASONABLE ATTORNEYS FEES, RESULTING DIRECTLY OR INDIRECTLY FROM, OR ARISING OUT OF, YOUR USE OF THE WEBSITE AND ANY OF ITS GOODS OR CONTENT, AND/OR THE INFORMATION OR CONTENT YOU MAKE AVAILABLE ON THE WEBSITE AND/OR YOUR USE OF ANY THIRD PARTY SERVICES.
This website is operated by Homeschool Books. Homeschool Books will use the information we collect from you in accordance with this policy. Data collected via registration forms, sign up forms or any other personal information that you the client provides, will be stored indefinitely.
Your privacy is important to us. We want to make sure that when we collect information from you we do so in a way that does not infringe your privacy. Our policy explains how we do this. By registering or placing an order on this site, you consent to the collection, use and transfer of your information under the terms of this policy.
Collection of information
We may collect names, email and postal addresses, telephone numbers, professions, curriculum and learning material preferences, purchase and mailing history from you if you order from us or complete an online form (for instance to join our email services).
Use of information
Your information will enable us to provide you with access to our website and to carry out administration, statistical analysis and market research. If you have requested any goods or services then we will use your information to supply the goods or services, to bill you and to contact you where necessary concerning your order. Your shipping information will be shared with third party service providers that provide freight delivery.
Storing of payment information
Homeschool Books makes use of Payfast to facilitate payments and does not store card details except for the authorisation number from the bank.
Accessing and updating
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. You may also request to terminate your account and remove your personal information from our system. If you wish to do this, please contact us at email@example.com
Email Communications Policy
This message contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. Email transmission cannot be guaranteed to be secure or error-free, as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender, therefore, does not accept liability for any errors or omissions in the contents of this message which arise as a result of email transmission. If verification is required, please request a hard-copy version.This message is confidential. It may also be privileged or otherwise protected by work-product immunity or other legal rules. If you have received it by mistake, please let us know by email reply and delete it from your system; you may not copy this message or disclose its contents to anyone. The integrity and security of this message cannot be guaranteed on the Internet.This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of Homeschool Books. No content in the e-mail is intended as professional advice and should not be relied upon to make (or defer from making) any decision with regards to education or otherwise. Finally, the recipient should check this email and any attachments for the presence of viruses. Homeschool Books accepts no liability for any damage caused by any virus transmitted by this email.