Website Terms and Conditions of Use Relating to Maxpaddle.com
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Maxpaddle.com (“Provider”) website located at the domain name www.maxpaddle.com ("the Website"). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. 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.
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.
E-Commerce & Privacy
The Website www.maxpaddle.com sells paddles, boats, boards and related gear, accessories and equipment online. The use of any product 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.
The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information and credit card details, delivery address 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.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. 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.
Subject to stock availability with suppliers and receipt of payment, requests will be processed within 10 days and handed over for delivery.
Products manufactured by Maxpaddle are generally made to order and shipped within 10 working days from the date of order. A further 10 -15 days is required for delivery, once shipped. This is a guideline and may vary according to availability of materials specific to the order and shipping destination.
Unless otherwise specified, for very remote areas not serviced by standard couriers The Provider will deliver via Post Office, or to the nearest town to the User that is accessible by courier within their normal routes. In these circumstances the Provider will be in contact with the User to arrange an alternative address.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User's chosen delivery address.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider's standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to email@example.com
Payment may be made via Visa, MasterCard credit cards, PAYPAL, ECOPAY or by EFT (bank transfer) into the Provider's bank account, the details of which will be provided after checkout.
Credit card acquiring and security
Credit card transactions will be acquired for the Provider via VCS (Virtual Card Services) who are the approved payment gateway for First National Bank of South Africa. (bank gateway here) uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to https://www.vcs.co.za/policies/privacy_policy.asp to view their security certificate and security policy. Customer details will be stored by the Provider separately from card details which are entered by the client on VCS secure site. For more detail on VCS refer to https://www.vcs.co.za.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Returns / Refund Policy
Products may not be returned unless the incorrect product has been supplied by the Provider or the product is damaged or faulty. If the wrong product has been supplied, or if the product is faulty or damaged, the Provider will exchange it on condition that the customer returns the products within five days of receipt. In such an instance, the Provider will make a reasonable effort to exchange the product upon receipt of the returned products, but if replacement is not possible, the Provider will refund the purchase price including delivery cost upon receipt of the returned products.
Products manufactured by Maxpaddle may be returned at the purchaser’s expense to Maxpaddle for inspection. Pending a decision on the cause of the failure Maxpaddle may choose to waiver some of the costs. (Paddles: Paddles broken due to paddler error can be repaired and payment will be due including freight charges, before the paddle is shipped.
Should the paddle have failed due to a manufacturing error, Maxpaddle shall repair and ship the paddle at no charge. Paddles older than 1 year or that have been used in a river, bare no warranty claim due to the nature of river paddling.
Please correspond via firstname.lastname@example.org before return shipping any product.
Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment.
Any tax or clearance fees on collection are for the purchasers account. Insurance for the goods sent, is calculated into your shipping cost.
The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to 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.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by 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 ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. The Providers 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. 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.
Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
Limitation of liability
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. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of 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.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Choice of Law
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. 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. 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. 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.
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. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002