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NBASTORE.AFRICA ONLINE  TERMS AND CONDITIONS

 

1. GENERAL
   • These are the terms and conditions that apply when you use this website to buy goods from us (“Online Terms and Conditions”).

 

2. USE OF SITE
   • This Website may only be used and accessed to browse the content, make legitimate purchases and shall not be used for any other purpose, including without limitation, to make any speculative, false or fraudulent purchase.
   • This Website and the content provided in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited.
   • Unauthorized use of this Website and/or the materials contained on this Website may violate applicable copyright, trademark or other intellectual property laws or other laws.

 

3. DISCLAIMER OF WARRANTY
   • By visiting this Website, you acknowledge and understand that the contents of this Website are provided “as is” and without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
   • The owner, developer and administrator of this Website, the authors of the contents on this Website and in general anybody connected to this Website in any way assume no responsibility for errors or omissions in the contents herein (collectively referred to as ‘we’, ‘us’ or ‘our’).
   • We further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the contents herein.
   • We shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if we have been informed of the possibilities of such damages.
   • We do not assume any obligation or responsibility. The use of this Website or any of its contents is forbidden in territories or regions where the law does not permit this disclaimer to take full effect.

 

4. OUR RIGHTS
   • We reserve the right to:
     • Modify or withdraw, temporarily or permanently, this Website (or any part of) with or without notice to you and you acknowledge that we shall not be liable to you or any third party for any modification to or withdrawal of this Website.
     • Change these Terms and Conditions from time to time at our sole discretion and without notice to you. Your continued use of this Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to regularly check to determine whether these Terms and Conditions have been changed. If you do not agree to any change to these Terms and Conditions, then you should immediately stop using this Website.
   • We will take all reasonable endeavours to maintain this Website. This Website is subject to change from time to time. You will not be eligible for any compensation whatsoever because you are unable to access any part of this Website or because of a failure, suspension, cancellation or withdrawal of all or part of this Website or order.

 

5. ACCEPTANCE

When you buy goods from us, you agree to and accept all our terms and conditions.

 

6. YOUR ONLINE PROFILE AND PERSONAL INFORMATION
   • When you register as an online shopper, you will have to create an online profile. This includes selecting a user name and password. You will be asked for your credentials (your username and password) every time that you shop online with us. It is your responsibility to keep your credentials private and secure and not share them with anyone. Only authorised users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile.
   • When you shop our goods online on this Website, you give us your consent to collect and process your personal information, which we have to do in order to (for example) create and manage your account, process your payment, fulfil your order, communicate with you and deliver your goods. If you do not want us to collect and process your personal information, you should not register as an online shopper or shop with us online, as we will not be able to provide you with goods or services. Please refer to our Privacy Policy for more information on how we process, share and protect your personal information and your rights regarding your personal information.

 

7. GOODS AND PRICING
   • Goods subject to availability: All goods displayed on this Website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible. Goods are only available for delivery in South Africa.
   • Price: The stated prices on this website is in South African Rand and are only valid and effective in South Africa.
   • We will use our best efforts to accurately display the goods, specifically regarding their colour, description and price. Please remember however that the way you see the goods is also dependent on the device that you are using to access our this Website. We cannot guarantee that the goods you receive will look exactly as you have seen it.
   • Order completion: We will indicate the acceptance of your order by delivering the goods to you, or allowing you to collect it. Only at that point will your order be complete and an agreement of sale between you and us come into effect (the “Sale”). This is regardless of any communication from us stating that your order or payment has been confirmed. We will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amounts already paid. Adding goods to a wish list or placing it in an online shopping cart/bag without completing the purchase process (“checking out”) does not constitute a valid order, so we may remove the goods from your online bag/cart if stock is no longer available and change the price of the goods without notice to you. You cannot hold us liable if the goods are no longer available, or the price has changed when you check out or try to check out at a later stage.
   • Order cancellation by us: We reserve the right to not process an order or to cancel an existing order (partially or completely):
     • If we suspect that you have, or have tried to: abuse the website; intercept data; commit fraud; hack into our systems; or create multiple user profiles to take advantage of a promotion or other offer intended by us to be used once-off by you. We will also be entitled to blacklist you on our database, delete your profile and suspend or terminate your access to this Website (in which case we accept no liability which may arise); and
     • If there has been an error. Errors include system errors, the goods no longer being available, incorrect price, quantity or description of the goods. We will not be bound by errors and we will inform you of such errors as soon as we become aware of them.

If cancellation of an order is initiated by us, no cancellation fees will be payable. We will refund you the Rand value that you have paid, only if you have already paid for the cancelled order. We will not be liable for any loss or claim relating to a cancelled order or refusal to process an order. We are not bound by any incorrect information about goods that are on our third party providers’ websites.

 

8. DELIVERY, COLLECTION AND STORAGE
   • Delivery fee

• We offer free delivery fee for every order you place over ZAR500.
• Any order under ZAR500 will include a delivery fee of ZAR100 which will be quoted and billed at checkout.

 

• Delivery

• We will arrange for delivery to the delivery address that you provided to us in checkout. We are not responsible for any loss or unauthorised use of the goods once we have delivered the goods to the delivery address you have provided to us.
• Our couriers generally deliver between 09h00 and 17h00 on weekdays (Monday to Friday, excluding public holidays) and we only deliver within South Africa.
• Our ability to deliver is also always subject to certain factors, including the availability of the goods and the supply of accurate delivery address details.
• Orders can be tracked by clicking “Track Order” on the homepage of this Website or by contacting info@nbastore.africa.

 

• Delivery period

• We will always do what is reasonably possible (but cannot guarantee that we will be able) to dispatch goods within 2-5 working days once the order has been paid in full and assuming we have the such goods in stock.
• If your order includes a personalised item, this may increase the dispatch time of your order.
• We will try to deliver all the goods in your order at the same time, but goods may be sourced from multiple stores or fulfilment centres and may arrive in multiple packages.

 

• Access to the delivery location

• You must ensure that we can access the place of delivery, and that the location is cleared for the goods to be delivered.

 

• Stock availability

• We cannot guarantee the availability of stock, but will use reasonable efforts to ensure that stock is available.
• We will notify you when goods are no longer available after you have placed an order.
• We will refund you the Rand value for the goods you have purchased.

 

• Accepting your delivery

• If you are unable to accept the goods yourself, please ensure that you or your authorised representative are available at the delivery address.
• If anyone else accepts delivery of the goods at the delivery address, they are presumed to be authorised to accept the goods on your behalf.
• If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. You may be charged additional delivery charges if we cannot deliver the goods to you due to access problems or if you are not available when we deliver the goods. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.

 

• Courier

• We make use of courier services to deliver the goods to you. We are not liable for any damage suffered or any losses incurred arising out of any act or omission by the courier, its directors, employees, sub-contractors, agents or representatives.
• By shopping with us online, you agree that we may share your personal information with our couriers so they can deliver your goods to you. Please refer to our Privacy Statement for more information.

 

9. RETURNS AND GENERAL WARRANTIES (APPLICABLE ONLY TO PURCHASES MADE ON THIS WEBSITE)
   • If you are unhappy with your purchase for any reason (other than if it is defective) and wish to return it, you may do so within 30 (thirty) days of the date that it is delivered to you or collected by you.

• The goods must be unused, in its original condition and (where applicable) packaging and you must have the invoice, the delivery note, and any unused accessories.
• If you received the goods as a gift, the delivery note is still required.
• You cannot return goods if its price tag has been removed.
• For hygiene reasons we do not accept return of headwear, underwear, socks or tech goods.
• You will also not be entitled to a refund or exchange of gift cards, special order goods, goods that have been personalised (unless the goods are defective, damaged before delivery or incorrectly personalised due negligence on our part) or goods linked to a player or team and that player leaves the team, changes their number or changes any brand association, or the player or team changes its logo, badge or uniform.

 

• Incorrect items delivered – Should we accidentally deliver the wrong goods to you, or if the goods are not as described on this Website:
  • Please do not remove any of the labels, or remove the goods from its original packaging.
  • Notify us immediately at info@nbastore.africaand we will arrange to collect the goods from you at no charge and issue you with an exchange or refund.

 

• You may return the goods:
  • at no additional charge to any NBA store in South Africa with the invoice and delivery note; or
  • You may return the goods via courier by emailing us at info@nbastore.africa specifying the reason you are returning the goods. Once approved, we will arrange for a courier to collect the goods within 3-10 working days. You must also pack the goods into the original packaging and as instructed by our customer service representative. If you are returning goods that are not defective via courier, you will be charged a collection fee.  You may be charged a delivery fee should we exchange any goods returned by you which requires us to deliver to you the exchanged goods via courier.

 

• If goods are faulty or defective and do not have a specific warranty or guarantee, you may return them within 6 (six) months from the date of purchase, provided that the goods have been used for their intended purpose and they have been cared for according to any instructions that accompanied the goods.
  • We may require an assessment of the goods and require you to pay us an assessment fee before we do an assessment. If, after we have assessed the goods, we find that the goods are defective or that there are quality issues, we will refund your assessment fee and either repair the goods, replace the goods or refund you the value of the goods in the same way that you paid for the goods.
  • However, if we discover in our assessment that:
    • you have not adhered to the use, maintenance and care instructions and weight-bearing guidelines of the goods;
    • the goods were exposed to damp or water, placed in direct sunlight causing colour fading or changing, or that deterioration was caused by the goods’ immediate environment such as coastal air and extreme humidity;
    • the goods are not defective or not affected by quality issues;
    • the goods are affected by general wear and tear;

we will refuse to refund you or accept return of these goods.

 

• We will refund you in full, minus delivery charges (if applicable), after the goods have been received and inspected by us, and if you meet all the requirements above.
  • If you have received the goods as a gift or if you do not have the original delivery note or invoice, a refund is not available to you and we will in our sole and absolute discretion decide whether to allow you to exchange the item for goods of the same value (you will not receive the balance in any form if you exchange the goods for other goods of a lower value), or for a gift card at current price, minus any current promotional discount.

 

• Timeframes
  • It can take up to 7 working days to receive and process a return once collected by a courier for return.
  • It can take up to an additional 7 working days after your return is processed and your refund is approved for the refund to be processed.
• WE WILL NOT BE RESPONSIBLE FOR THE ACCEPTANCE, SAFEKEEPING AND/ OR RETURN OF ANY ITEMS THAT YOU RETURN IN ERROR TO US (I.E. ITEMS THAT WERE NOT PURCHASED ON THIS WEBSITE) (“ERRONEOUS RETURN”).
  • If we receive and accept an Erroneous Return, we may require, at our sole discretion, that you pay a reasonable processing and shipping fee (“Return Fee”) in order to cover the costs of shipping the Erroneous Return back to you.
  • Once received, we will make all reasonable efforts to notify you and shall hold the Erroneous Return for a reasonable period of time not exceeding 30 days from date of receipt.
  • If we are unable to contact you or should we not receive payment of the Return Fee within the 30 day period, we reserve the right to destroy the Erroneous Return or donate it to a charity of our choice.

 

IF YOU WANT TO CANCEL YOUR ORDER

10. You may only cancel your order before it has been paid.

 

PAYMENT

11. We endeavour to offer you competitive prices on current goods. Your total order price will include the purchase price plus all applicable sales tax and shipping charges (as at date of shipping). We reserve the right to change pricing at any time without prior notice.

 

12. Payment Options and Pricing

The Merchant Outlet Country at the time of presenting payment options to the cardholder is South Africa. All transactions will be processed in South African Rands (ZAR).

 

 Card Acquiring and Security

Card transactions will be acquired for NBAStore.Africa operated by Shesha Lifestyle (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.paygate.co.za to view their security certificate and security policy.

 

Customer Details Separate from Card Details

Customer details will be stored by NBAStore.Africa operated by Shesha Lifestyle (Pty) Ltd separately from card details which are entered by the client on PayGate’s secure site.
For more detail on PayGate refer to www.paygate.co.za.

 

• Credit / Cheque Card
  • You can easily and securely pay by Credit Card.
  • We accept Mastercard, Visa, Maestro, and Visa Electron.
  • All online card payments processed in South Africa are subject to 3D Secure authentication.
  • This high standard of security means shopping with a credit card is safe and secure, and ensures your data will not be accessible by third parties.

 

• SiD (Secure Internet Deposit) EFT
  • SID is the most secure Instant EFT solution in South Africa.
  • When choosing the SiD payment option at checkout, you will be directed to a SID payment page. A popup will appear prompting you to select your bank and enter your usual internet banking logon details. You then select the account you wish to pay from, enter a confirmation OTP received from your bank.Payment is then complete and you will then redirected back to the Website.

 

• EFT
  • The final invoice amount is to be paid in full prior to shipping.
  • The order will only be shipped once the full payment amount reflects in our bank account.

 

• Mobicred
  • Mobicred is a simple and convenient credit facility that allows you to safely shop online.
  • Apply for an account with Mobicred. If approved, a credit limit will be granted (like a credit card).
  • Select Mobicred from the payment options in checkout, type in your username and password. To finalise the purchase, enter a confirmation OTP received to your mobile phone.

 

• Payflex
  • Payflex makes it possible for you to choose how to pay with no interest or fees.
  • At checkout, select Payflex as your payment method and pay only 25% today, and the rest over three (3) instalments and six (6) weeks – with NO interest and NO fees (unless you are late or miss a payment).

 

GENERAL

13. For more information about our Terms and Conditions, how to order, special order requirements, personalised goods and other payment options, please contact our Support Team via email info@nbastore.africa.