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Terms & Conditions

TERMS AND CONDITIONS OF INVOICES

TERMS AND CONDITIONS OF QUOTATION

OBARO provides the information contained on this website and the pages comprising the website and advertises and sells the products to the Customer, subject to these Terms and Conditions. There may be legal notices on other areas of this website which relate to the Customer’s use of the website, all of which will together with these Terms and Conditions and OBARO’s Online Privacy Policy govern the Customer’s use of this website.

Please read these Terms and Conditions carefully. Any queries can be sent to online@obaro.co.za.

1. DEFINITIONS:

In these Terms and Conditions the following words shall have the following meanings:
1.1. “OBARO” shall mean OBARO Retail (Pty) Ltd, registration number 1998/001675/07, a private company duly incorporated in the Republic of South Africa;

1.2. “Customer/s” shall mean any user who makes use of this website to purchase products from OBARO;

1.3. “Product/s” shall mean any goods and/or services advertised and sold on this Website;

1.4. “Website” shall mean this Website (www.shop.obaro.co.za) used by the Customer to purchase Products from OBARO;

1.5. “Cloud Security Policy” shall mean OBARO’s online security policy which can be accessed through via the following link: https://shop.obaro.co.za/cloud-security-policy/

1.6. “Privacy Policy” shall mean OBARO’s online privacy policy which can be accessed via the following link: https://shop.obaro.co.za/privacy-policy/

2. ACCEPTANCE:

2.1. The Website’s Terms and Conditions apply to all Customers who make use of this Website at www.shop.obaro.co.za.

2.2. By accessing, browsing, using or registering with this Website, the Customer confirms that they have read, understood and agree to this Website’s Terms and Conditions in its entirety.

2.3. Any new features or tools which are added to the current Website shall also be subject to these Terms and Conditions. OBARO reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to OBARO’s Website.

2.4. It is the Customer’s responsibility to check this Website periodically for changes. The Customer’s continued use of, or access to the Website following the posting of any changes constitutes acceptance of such changes.

3. ACCURACY OF CONTENT OF THE WEBSITE:

3.1. Although OBARO has taken all reasonable steps to ensure that each Product described or depicted on this Website and any other information (including pricing) displayed on the Website is complete and accurate, content errors may occur and for this reason the information displayed on the Website is provided without any guarantees or warranty as to its accuracy, or that it is complete, up-to-date and does not infringe the rights of any third party.

3.2. Some descriptions or photographs of Products and packaging may be of a generic nature and not specific to the particular Product. If additional information is required regarding a specific Product, please send an email to online@obaro.co.za for assistance.

3.3. Should there be any errors of whatsoever nature (which are not due to OBARO’s gross negligence), OBARO shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the event of any incorrect purchase price – to the extent of refunding the Customer for any amount already paid. Please verify price and stock quantities on hand with the store before making a purchase on the Website.

4. WEBSITE REGISTRATION:

4.1. Registered Users:

4.1.1. To create an online account and become a registered user, the Customer will be required to complete a short form and provide certain personal information/details to OBARO. Subsequent to completing the form the Customer will be required to choose a unique username and password for their online account.

4.1.2. In order to purchase Products on the online account, the Customer will use the unique username and password. The checkout process requires the Customer’s credit card or OBARO account details.

4.1.3. For security purposes the Customer must enter the correct username and password whenever ordering Products, failing to do so will result in the inability to purchase Products on the online account.

4.1.4. The Customer is responsible for maintaining the confidentiality of their username and password and any activities that occur on their online account.

4.1.5. The Customer agrees and warrants that the username and password shall:

4.1.5.1. be for personal use only;
4.1.5.2. not be disclosed to any third party.

4.1.6. The Customer agrees that, once the correct username and password relating to the relevant online account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, the Customer will be liable for payment of such order, save where the order is cancelled by the Customer in accordance with these Terms and Conditions.

4.1.7. The Customer agrees to notify OBARO immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of their username and password and to take steps to mitigate any resultant loss or harm.

4.1.8. OBARO shall not be liable to any person for any loss or damage which may arise as a result of any failure by the Customer to protect their password or account.

4.1.9. Registered users will be able to utilize their OBARO account for online purchases. In order to link an OBARO account with an online account, please contact online@obaro.co.za for further assistance.

4.2. Unregistered/Guest Users:

4.2.1. Should the Customer not wish to register as a user, they will be able to browse the Products offered on the Website as well as add the items to their cart.

4.2.2. Upon checkout the Customer will be required to provide OBARO with certain information in order to facilitate the transaction. The information will only be utilised to finalise the transaction between the Customer and OBARO.

4.2.3. The Customer will not be able to link their OBARO account if the Website has been accessed as a guest user.

5. CUSTOMERS’ PERSONAL INFORMATION:

5.1. These Website Terms and Conditions are in addition to the terms of OBARO’s Cloud Security and Privacy Policy which explains what personal information OBARO collects about the Customer when using the Website. These Policy can be read online by clicking on the links in clauses 1.5 and 1.6 respectively.

5.2. When the Customer agrees to these Website Terms and Conditions, they will be deemed also to have read, understood and agreed to OBARO’s Cloud Security Policy and Privacy Policy in its entirety.

6. PROCEDURES FOR ORDERING:

6.1. Placing an order –

6.1.1. Once the Customer has selected the Product/s and the online order has been submitted, an order summary page will be displayed. The Customer then has the opportunity to review the order and correct any mistakes, before proceeding.

6.1.2. By clicking on the “Place an Order” button the Customer will have confirmed the online order which constitutes an offer to purchase the Product/s subject to these Terms and Conditions.

6.2. Confirming an order –

6.2.1. Once OBARO has received the online order, the Customer will be formally notified of acceptance of the order via email. Customers are requested not to send an additional order in the event that a confirmation email is not received, as this may lead to a duplicate transaction. Any technical or other problems may delay or prevent such confirmations. In the event that a confirmation email has not been received within 5 business days after the order was placed, an email can be sent to online@obaro.co.za.

6.3. Cancellation of an order, exchanges and refunds –

6.3.1. An order cannot be cancelled once the “Place an Order” button has been clicked and payment is processed.

6.3.2. Customers are entitled to return Products subject to the following conditions:

6.3.2.1. Products are to be returned at the Customers own expense;

6.3.2.2. Returned Products will be processed within 5 business days after it is received by OBARO Online;

6.3.2.3. Refunds or exchange of items purchased from the Website may be done within the stipulated time frame by contacting online@obaro.co.za or 012 381 2639;

6.3.2.4. OBARO will refund Customers or exchange Products provided that:

– there is a valid proof of purchase;

– it is returned within 30 days of purchase;

– it is in its original packaging or condition.

6.3.3. Products will be repaired, replaced or refunded subject to supplier warranties if faulty, provided that:

– the Product was used in accordance with the manufacturer’s terms of use and there is no evidence of structural damage or abuse;
– the original components and accessories are also returned.
6.3.4. OBARO shall not be liable to the Customer or any third party for any loss or damage of whatsoever nature in the event that a cancellation request is submitted.

6.4. Pricing –

6.4.1. OBARO will take all reasonable steps to ensure that prices reflected on the Website are accurate.

6.4.2. Prices are quoted in South African Rand and include Value-Added Tax (VAT).

6.4.3. Special promotions may be limited to separate offer conditions and stipulations.

6.4.4. Prices on the Website are online only prices and may differ from prices in OBARO Retail stores.

6.5. Stock Availability –

6.5.1. Stock of all Products on offer on this Website are limited. OBARO will take all reasonable steps to monitor stock levels and ensure that when stock is no longer available, offers thereof are discontinued on the Website. OBARO cannot, however, guarantee the availability of stock.

6.5.2. When Products are no longer available after an order has been placed and payment has been processed, OBARO will notify the Customer via email, whereafter the Customer will be entitled to a refund of any amount already paid by you for such Product.

6.5.3. OBARO reserves its right to limit quantities of any Product that is offered. All descriptions of Products or Product pricing are subject to change at any time without notice to the Customer, at OBARO’s sole discretion. OBARO reserves the right to discontinue any Product at any time, without further notice.

6.5.4. Products cannot be reserved to be bought at a later stage, and placing an item in the cart without completing the order does not constitute a “sale”. This means that OBARO may remove any Product from a Customer’s cart before the sale takes place, in the event of the Product going out of stock. OBARO cannot be held responsible if a Product added to a Customer’s cart has become unavailable whilst the Customer is in the process to complete the purchase.

6.6. Collection of purchase –

6.6.1. Products purchased must be collected at OBARO stores.

6.6.2. Products can take anything between 2 and 15 business days to reach an OBARO store for collection.

6.7. Although OBARO makes every effort to ensure that the information supplied on the Website is accurate, delays and out of stock situations may occur.

6.8. OBARO reserves the right to refuse, to accept or process payment on any order, and may cancel any order if it reasonably suspects that fraud is being perpetrated on a Customer’s account, without accepting liability which may arise as a result of its refusal to process any order.

7. PAYMENT:

7.1. OBARO will debit the total value of a Customer’s purchase against the payment card tendered at the time of the transaction.

7.2. OBARO currently accepts all South African credit cards (Visa and MasterCard) as well as instant EFT using OZOW.

8. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS:

8.1. Copyright and all intellectual property rights in all materials, texts, drawings, graphics, logos, icons and any data made available on this Website (“the materials”) are owned by OBARO or its content suppliers and therefore protected by both South African and international intellectual property laws.

8.2. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights.

8.3. Customers will not acquire any right, title or interest in or to the Website or the materials. Nothing contained on this Website should be construed as granting any licence or right to use any trademark without OBARO’s prior written consent.

8.4. Customers may only use the materials or any component thereof for informational purposes or for the purpose of ordering and purchasing Products from the OBARO Website.

9. USE OF WEBSITE:

9.1. By using the Website, the Customer warrants that they are 18 (eighteen) years of age or older and of full legal capacity. If a Customer is under the age of 18 (eighteen) they warrant that they have the consent of their parent or legal guardian to enter into this agreement with OBARO or that legal capacity has been obtained in another manner.

9.2. By accessing and using the Website, the Customer further warrants and represents to OBARO that they are legally entitled to do so and to purchase any of the Products offered for sale through the Website.

9.3. The Customer further warrants that all details provided are true and correct and that they have the legal capacity to conclude this transaction.

9.4. OBARO may, in its sole discretion and without the need to give reasons, at any time suspend or terminate the operation of the Website without prior notice to Customers.

10. DISCLAIMER/WARRANTIES:

10.1. Although Products sold through the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

11. LIMITATION OF LIABILITY:

11.1. The use of the Website is entirely at the Customer’s own risk. The Customer will assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information provided on the Website.

11.2. Whilst OBARO takes reasonable measures to ensure that the content of the Website is accurate and complete, OBARO makes no warranties or representations, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by OBARO’s representatives, OBARO shall not be bound thereby.

11.3. OBARO will not be held liable for any damage, loss or expenses, whether direct, indirect (including consequential damages) arising out of or in connection with the Customer’s access to or use of the Website and/or any content therein unless otherwise provided by law.

11.4. The Customer hereby indemnifies OBARO against any loss, claim or damage which may be suffered by the Customer or any third party arising in any way from the Customer’s use of this Website.

12. ADDRESS FOR SERVICE:

12.1. The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any amount and the service of any process is the address set out in clause 13.1.

12.2. OBARO shall be entitled from time to time, by giving notice to Customers, to vary its physical address for service to any other physical address within the Republic of South Africa.

13. DISCLOSURE REQUIRED IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002:

13.1. Full name: OBARO Retail (Pty) Ltd

Registration number: 1998/001675/07
Physical address: Corner of Graham and Silverlakes Road, Silverlakes, Pretoria, 0081
Telephone number: +27 (0) 12 381 2800
Website address: www.shop.obaro.co.za
Email address: info@obaro.co.za
VAT registration number: 4270172119

Physical address for receipt of service: Corner of Graham and Silverlakes road, Silverlakes, Pretoria, 0081

13.2. A full record of transaction can be accessed by logging in and clicking on the My Orders tab in My Account.

13.3. Customers may request a record of your transaction for up to 90 days from the date of the transaction, after which OBARO will not be obligated to keep any records thereof.

14. CHANGES TO THESE TERMS AND CONDITIONS:

14.1. OBARO may, in its sole discretion, change any of these Terms and Conditions at any time. It is the Customer’s responsibility to regularly check these Terms and Conditions and make sure that they are satisfied with the content thereof. Should the Customer not be satisfied, they should place no further orders on, or in any other way use, the Website.

14.2. Any such change will only apply to Customers who use this Website after the change is displayed on the Website. If Customers use the Website after such amended Terms and Conditions have been displayed on the Website, they will be deemed to have accepted such changes.

 

15. GENERAL:

15.1. OBARO shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms hereof.

15.2. All provisions of these Terms are severable from each other.

15.3. Any provision of these Terms which is or becomes unenforceable whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, to the extent that it is so unenforceable, be excluded from the agreement between the Customer and OBARO and the remaining provisions of these Terms shall remain in full force and effect.

15.4. Should OBARO be prevented from fulfilling any of its obligations to the Customer as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as OBARO is so prevented from fulfilling them. In the event that such event continues for more than 14 days after it has first occurred, OBARO shall be entitled, but not obliged, to terminate all of its rights and obligations in terms of or arising out of these Terms by giving notice to the Customer.

15.5. An event outside the control of OBARO shall mean any event or circumstance whatsoever which is not within the reasonable control of OBARO including, but not limited to, vis major, any act of God, pandemic, strike, theft, riots, explosion insurrection or other similar disorder, war or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.

15.6. These terms shall be governed and construed in accordance with the laws of the Republic of South Africa.

15.7. The Customer hereby consents to exclusive jurisdiction of the Magistrates Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.

16. ENTIRE AGREEMENT:

16.1. These Website Terms and Conditions and OBARO’s Cloud Security and Privacy Policies, set out the entire agreement between the Customer and OBARO with regard to online purchases made on the Website and supersedes any and all prior terms, conditions, warranties and/or representations.