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Terms & Conditions

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General

1.1

These Terms and Conditions ("the Terms and Conditions") govern your ("the User") use of the Outdoor Warehouse ("the Provider") website located at the domain name www.OutdoorWarehouse.co.za ("the Website").

1.2

The term 'Outdoor Warehouse', or 'Outdoors' or 'us', 'our', or 'we' refers to the owner of the website, Moresport (Pty) Ltd., trading as Outdoor Warehouse. Our registered address is 1 Canterbury Street, Cape Town, South Africa. Our company registration number is 2006/017179/07. The term ‘you’ refers to the user or viewer of our website.

1.3

If you continue to access, browse and use this website the User agrees to comply with, and be bound by, the following terms and conditions of use, which together with our privacy policy govern Outdoor Warehouse’s relationship with you in relation to this website.

1.4

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

1.5

Please also visit our Privacy Policy governing the use of our website at http://www.outdoorwarehouse.co.za

Privacy

2.1

The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information, credit card details and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

2.2

Credit card details are not kept by the Provider under any circumstances.

2.3

The Provider cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

2.4

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

2.5

The User agrees and warrants that your log-in name and password shall:

be used for your personal use only; and
not be disclosed to any third party.

E-Commerce

3.1

The Website is an online market place. The use of any product or service bought from this Website is at the purchaser's risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

3.2

Only Virtual Gift Vouchers are available for sale on the website. No products are currently sold on the website.

3.3

Only South African credit cards from South Africa IP address may be accepted in transactions. This is done to reduce the instance of fraudulent transactions.

3.4

All prices are quoted in South African Rands (ZAR).

3.5

All items quoted on this website are inclusive of VAT. VAT is charged at a rate of 14% on all goods.

3.6

All web orders must be paid in full before an order can be processed. Prices remain firm unless influenced by circumstances that are beyond our control e.g. increase in carriage costs.

3.7

Outdoors shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Outdoors will not be obliged to sell products at such incorrect prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the purchase at the correct price and/or delivery charge.

3.8

Outdoors reserves the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept, or process payment on, any order and/or to cancel any sale concluded between you and Outdoors, in whole or in part, without giving any reasons. Outdoors shall only be liable to refund monies already paid by you (see Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

3.9

Delivery prices per item are displayed in your “shopping cart” and quoted inclusive of VAT. Bulkier and faster delivery options may carry a premium cost. Deliveries to a South Africa address can be fulfilled within 7 - 14 working days.

3.10

We regret we cannot entertain claims for missing or damaged goods which have not been notified in writing within 3 days of the date of delivery, irrespective of whoever has signed for the goods at the consignment delivery point. This is necessary due to the short period of time we have to claim against the carriers for damage in transit.

Credit Card Acquiring & Payment Gateway

4.1

At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, payment is only collected when the order has been packaged and the goods shipped, save in the case of Gift Cards and Gift Vouchers where payment is immediate.

4.2

Electronic Gift Vouchers can only be purchased separately from other products. Practically this means that if an electronic Gift Voucher is placed in your shopping basket with other goods, the system will split the basket contents into two orders (one for the goods, and one for the electronic Gift Voucher/s). While credit card payments in respect of the goods will only be processed on shipment, payment for the electronic Gift Voucher/s will be obtained from the bank immediately.

4.3

Credit Card Transactions are acquired by MyGate Communications (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Card Holders may go to www.mygate.co.za to view MyGate's security policy

Gift Cards & Vouchers

5.1

Gift Cards or Vouchers purchased through this website will be issued electronically via a sms to the designated cellphone number that the User provides.

5.2

Deliveries of cellular short-message-service Gift Vouchers (hereafter, ‘SMS Gift Vouchers’) are influenced by the recipient’s cellular network coverage and may take two (2) or more hours to deliver, depending on cellular network congestion and coverage at the time of the SMS purchase.

5.3

Purchasing a sms gift voucher constitutes acceptance of the following terms and conditions

5.3.1

This voucher is only redeemable for merchandise and service at Outdoor Warehouse and may not be redeemed for cash or used to procure other gift cards or vouchers.

5.3.2

To make a purchase in a Outdoor Warehouse, present your gift number to the cashier just like cash at the time of purchase and confirm the value to be applied. You may utilise the gift card more than once for separate transactions, until the issue value is exhausted.

5.3.3

In order to check the card balance, SMS your card number to 34543 or dial 083 918 7700.

5.3.4

Acceptance of this card is at the discretion of Outdoor Warehouse and must have been successfully authorized.

5.3.5

This card and any remaining balance will expire 12 months after purchase, and cannot be extended.

5.3.6

After a SMS Gift Voucher has been delivered to the intended recipient’s cellular telephone, it is the recipient’s responsibility to safeguard the SMS Gift Voucher. We recommend that the recipient stores the 16-digit code in a separate place as a ‘backup’.

5.3.7

Outdoor Warehouse is not responsible for replacing the value of this card if it is lost, stolen, destroyed, damaged or used without consent. In the event that the SMS Gift Voucher is accidentally deleted, Outdoor Warehouse will not be liable for replacing (or re-sending) the SMS voucher.

Promotional Vouchers

6.1

Promotional Vouchers are issued electronically at Sportsman’s own discretion. Users do not have a right to Promotional Vouchers and Promotional Vouchers cannot be earned.

6.2

Promotional Vouchers are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Promotional Voucher itself –

6.2.1

a Promotional Voucher can only be used with promotional offers on the Website;

6.2.2

only one Promotional Voucher can be used per shopping basket; and

6.2.3

the value of the Promotional Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Please note the following exception in this regard: should the value of the products in your shopping basket have qualified for ‘Free Delivery’, but after application of the Promotional Voucher to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you

6.3

Promotional Vouchers and their expiry dates are listed on the Website.

6.4

Promotional Vouchers cannot be redeemed for cash or to purchase other Gift Cards or Gift Vouchers.

Copyright and Intellectual Property Rights

7.1

The Provider provides certain information on the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs, as well as the design, layout, look, appearance and graphics of the website ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

7.2

The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

7.3

Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

7.4

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

7.5

The Provider reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. You may not create a link to this website from another website or document without Outdoor Warehouse’s prior written consent.

Limitation of liability

8.1

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors.

8.2

Neither we nor any third parties provide any warranty or guarantee as to the availability, accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

8.3

Neither Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

8.4

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

8.5

The information provided on this Website is for informational purposes only and is not intended as a substitute for advice from your doctor or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this Website for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with your doctor or a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.

8.6

Stocks of all goods on offer are limited. Outdoors shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should items still be offered after stocks are sold out and Outdoors is unable to fulfil the orders placed at advertised prices, it shall only be liable to refund the amount paid by you for such product, on such terms and conditions set out in detail in the Refund Policy

8.7

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Governing Law & Jurisdiction

9.1

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited.

9.2

The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.

9.3

These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute.

9.4

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

9.5

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Moresport suffers any damage or loss.

9.6

If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

10.

Updating of these Terms and Conditions

The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates. These terms and conditions shall continue indefinitely, as amended by Outdoors from time to time, for so long as the Website exists and is operational, Outdoors being entitled to terminate these terns and conditions and/or shut down the Website at any time.

11.

Sales Records

A full record of every sale and related transaction between you and Outdoors shall be maintained on the Website 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, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.

12.

Contacting Us

12.1

Website:	http://www.outdoorwarehouse.co.za/ P.O. Box 2721 Cape Town Western Cape 8000 South Africa

E-mail:	websitesupport@owh.co.za

Toll free:	0800 003 051 (Office Hours)

12.2

If you believe that any information on this site is incorrect or incomplete, please write to or email us on websitesupport@owh.co.za as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

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